EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 391.3125 is hereby amended to read as follows:

1-2 391.3125 1. It is the intent of the legislature that a uniform system be

1-17 criterion, must be used in the dismissal process.

2-1 3. The policy adopted pursuant to subsection 2 must set forth a

2-2 means according to which the overall performance of a probationary

2-3 employee may be determined to be:

2-4 (a) Satisfactory, which indicates that the probationary employee has

2-5 demonstrated the knowledge and skills required for a probationary

2-6 employee;

2-7 (b) Not consistently satisfactory, which indicates that the probationary

2-8 employee has not consistently demonstrated the knowledge and skills

2-9 required for a probationary employee; or

2-10 (c) Unsatisfactory, which indicates that the probationary employee has

2-11 not demonstrated the knowledge and skills required for a probationary

2-12 employee.

2-13 4. A conference and a written evaluation for a probationary employee

2-14 must be concluded [no] not later than:

2-15 (a) December 1;

2-16 (b) February 1; and

2-17 (c) April 1,

2-18 of each school year of the probationary period, except that a probationary

2-19 employee assigned to a school that operates all year must be evaluated at

2-20 least three times during each 12 months of employment on a schedule

2-21 determined by the board.

2-22 [4.] 5. Whenever an administrator charged with the evaluation of a

2-23 probationary employee believes the employee will not be reemployed for

2-24 the second year of the probationary period or the school year following the

2-25 probationary period, he shall bring the matter to the employee’s attention in

2-26 a written document which is separate from the evaluation [no] not later than

2-27 [February] March 15 of the current school year. The notice must include

2-28 the reasons for the potential decision not to reemploy or refer to the

2-29 evaluation in which the reasons are stated. Such a notice is not required if

2-30 the probationary employee has received a letter of admonition during the

2-31 current school year.

2-32 [5.] 6. Each postprobationary teacher must be evaluated at least once

2-33 each year.

2-34 [6.] 7. The evaluation of a probationary teacher or a postprobationary

2-35 teacher must, if necessary, include recommendations for improvements in

2-36 his performance. A reasonable effort must be made to assist the teacher to

2-37 correct any deficiencies noted in the evaluation. The teacher must receive a

2-38 copy of each evaluation not later than 15 days after the evaluation. A copy

2-39 of the evaluation and the teacher’s response must be permanently attached

2-40 to the teacher’s personnel file.

3-1 Sec. 2. NRS 391.313 is hereby amended to read as follows:

3-2 391.313 1. Whenever an administrator charged with supervision of a

3-33 NRS 391.312.

3-34 Sec. 3. NRS 391.3197 is hereby amended to read as follows:

3-35 391.3197 1. A probationary employee is employed on a contract

3-43 May 10 of the first or second year of his probationary period, as

4-1 appropriate, of his acceptance of reemployment. If a probationary

4-2 employee is assigned to a school that operates all year, the board shall

4-3 notify him in writing, in both the first and second years of his probationary

4-4 period, [no] not later than 45 days before his last day of work for the year

4-5 under his contract whether he is to be reemployed for the second year of the

4-6 probationary period or for the next school year as a postprobationary

4-7 employee. He must advise the board in writing within 10 days after the date

4-8 of notification of his acceptance or rejection of reemployment for another

4-9 year. Failure to advise the board of his acceptance of reemployment

4-10 constitutes rejection of the contract.

4-11 3. A probationary employee who completes his 2-year probationary

4-12 period and receives a notice of reemployment from the school district in the

4-13 second year of his probationary period is entitled to be a postprobationary

4-14 employee in the ensuing year of employment.

4-15 4. [A probationary employee who receives an unsatisfactory evaluation

4-16 may request a supplemental evaluation by another administrator in the

4-17 school district selected by him and the superintendent. If a school district

4-18 has five or fewer administrators, the supplemental evaluator may be an

4-19 administrator from another school district in the state.] If a probationary

4-20 employee has received during the first school year of his probationary

4-21 period three evaluations which state that the [employee’s] overall

4-22 performance of the employee has been satisfactory, the superintendent of

4-23 schools of the school district or his designee shall waive the second year of

4-24 the employee’s probationary period by expressly providing in writing on

4-25 the final evaluation of the employee for the first probationary year that the

4-26 second year of his probationary period is waived. Such an employee is

4-27 entitled to be a postprobationary employee in the ensuing year of

4-28 employment.

4-29 5. If a probationary employee receives one or more evaluations

4-30 during the first year of his probationary period which are unsatisfactory

4-31 or not consistently satisfactory as described in subsection 3 of NRS

4-32 391.3125, and the superintendent of schools of the school district or his

4-33 designee chooses to reemploy the probationary employee, the employee

4-34 must be evaluated as a probationary employee during the second year of

4-35 his probationary period. If a probationary employee is notified that he will

4-36 not be reemployed for the second year of his probationary period or the

4-37 ensuing school year, his employment ends on the last day of the current

4-38 school year. The notice that he will not be reemployed must include a

4-39 statement of the reasons for that decision.

4-40 6. A new employee or a postprobationary teacher who is employed as

4-41 an administrator shall be deemed to be a probationary employee for the

4-42 purposes of this section and must serve a 2-year probationary period as an

4-43 administrator in accordance with the provisions of this section. If the

5-1 administrator does not receive an [unsatisfactory] evaluation during the first

5-2 year of probation [,] which is unsatisfactory or not consistently

5-3 satisfactory, the superintendent or his designee shall waive the second year

5-4 of the administrator’s probationary period. Such an administrator is entitled

5-5 to be a postprobationary employee in the ensuing year of employment. If a

5-6 postprobationary teacher who is an administrator is not reemployed in that

5-7 capacity after either year of his probationary period, he may accept a

5-8 contract as a teacher for the ensuing school year in writing on or before

5-9 May 10. If he fails to accept the contract as a teacher, he shall be deemed to

5-10 have rejected the offer of a contract as a teacher.

5-11 7. An administrator who has completed his probationary period

5-12 pursuant to subsection 6 and is thereafter promoted to the position of

5-13 principal must serve an additional probationary period of 1 year in the

5-14 position of principal. If the administrator serving the additional

5-15 probationary period is not reemployed in that capacity after the expiration

5-16 of the additional probationary period, he may accept a contract for the

5-17 ensuing school year, in writing, on or before May 10, for the administrative

5-18 position in which he attained postprobationary status. If he fails to accept

5-19 such a contract, he shall be deemed to have rejected the offer of

5-20 employment.

5-21 8. Before dismissal, the probationary employee is entitled to a hearing

5-22 before a hearing officer which affords due process as set out in NRS

5-23 391.311 to 391.3196, inclusive.

5-24 Sec. 4. This act becomes effective on July 1, 1999.