Assembly Bill No. 130–Assemblymen Cegavske, Anderson, Berman, Brown, Claborn, Goldwater, Hettrick, Humke, Smith and Von Tobel

 

Joint Sponsor: Senator Shaffer

 

CHAPTER..........

 

AN ACT relating to educational personnel; requiring the boards of trustees of school districts to offer certain contracts of employment to probationary administrators and principals who are not reemployed in those capacities as postprobationary employees; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 391.3197 is hereby amended to read as follows:

   391.3197  1.  A probationary employee is employed on a contract

 basis for two 1-year periods and has no right to employment after either of

 the two probationary contract years.

   2.  The board shall notify each probationary employee in writing on or

 before May 1 of the first and second school years of his probationary

 period, as appropriate, whether he is to be reemployed for the second year

 of the probationary period or for the next school year as a

 postprobationary employee. The employee must advise the board in

 writing on or before May 10 of the first or second year of his probationary

 period, as appropriate, of his acceptance of reemployment. If a

 probationary employee is assigned to a school that operates all year, the

 board shall notify him in writing, in both the first and second years of his

 probationary period, no later than 45 days before his last day of work for

 the year under his contract whether he is to be reemployed for the second

 year of the probationary period or for the next school year as a

 postprobationary employee. He must advise the board in writing within 10

 days after the date of notification of his acceptance or rejection of

 reemployment for another year. Failure to advise the board of his

 acceptance of reemployment constitutes rejection of the contract.

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

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

 the second year of his probationary period is entitled to be a

 postprobationary employee in the ensuing year of employment.

   4.  A probationary employee who receives an unsatisfactory evaluation

 may request a supplemental evaluation by another administrator in the

 school district selected by him and the superintendent. If a school district

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

 administrator from another school district in the state. If a probationary

 employee has received during the first school year of his probationary

 period three evaluations which state that the employee’s overall

 performance has been satisfactory, the superintendent of schools of the

 school district or his designee shall waive the second year of the

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

 final evaluation of the employee for the first probationary year that the

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

entitled to be a postprobationary employee in the ensuing year of

employment.

   5.  If a probationary employee is notified that he will not be

 reemployed for the second year of his probationary period or the ensuing

 school year, his employment ends on the last day of the current school

 year. The notice that he will not be reemployed must include a statement

 of the reasons for that decision.

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

 an administrator shall be deemed to be a probationary employee for the

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

 administrator in accordance with the provisions of this section. If the

 administrator does not receive an unsatisfactory evaluation during the first

 year of probation, the superintendent or his designee shall waive the

 second year of the administrator’s probationary period. Such an

 administrator is entitled to be a postprobationary employee in the ensuing

 year of employment. If [a] :

    (a) A postprobationary teacher who is an administrator is not

 reemployed [in that capacity] as an administrator after either year of his

 probationary period [, he may accept] ; and

    (b) There is a position as a teacher available for the ensuing school

 year in the school district in which the person is employed,

the board of trustees of the school district shall, on or before May 1, offer

 the person a contract as a teacher for the ensuing school year . The person

 may accept the contract in writing on or before May 10. If [he] the person

 fails to accept the contract as a teacher, [he] the person shall be deemed to

 have rejected the offer of a contract as a teacher.

   7.  An administrator who has completed his probationary period

 pursuant to subsection 6 and is thereafter promoted to the position of

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

 position of principal. If the administrator serving the additional

 probationary period is not reemployed [in that capacity] as a principal

 after the expiration of the additional probationary period, [he may accept]

 the board of trustees of the school district in which the person is

 employed shall, on or before May 1, offer the person a contract for the

 ensuing school year[, in writing, on or before May 10,] for the

 administrative position in which [he] the person attained postprobationary

 status. [If he] The person may accept the contract in writing on or before

 May 10. If the person fails to accept such a contract, [he] the person shall

 be deemed to have rejected the offer of employment.

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

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

 391.311 to 391.3196, inclusive.

   Sec. 2.  This act becomes effective on July 1, 2001.

 

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