exempt

        (REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 297–Assemblymen Anderson, Parnell, Williams, Leslie, Goldwater, Arberry, Bache, Berman, Buckley, Chowning, Claborn, Collins, Dini, Giunchigliani, Humke, Koivisto, Manendo, Oceguera, Ohrenschall, Parks, Perkins and Smith

 

March 7, 2001

____________

 

Referred to Committee on Education

 

SUMMARY—Makes various changes regarding educational personnel. (BDR 34‑297)

 

FISCAL NOTE:                     Effect on Local Government: Yes.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to educational personnel; revising provisions governing the evaluation and admonition of probationary and postprobationary employees of school districts; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-3  developed for objective evaluation of teachers and other licensed personnel

1-4  in each school district.

1-5    2.  Each board, following consultation with and involvement of elected

1-6  representatives of the teachers or their designees, shall develop a policy for

1-7  objective evaluations in narrative form. The policy must set forth a means

1-8  according to which an employee’s overall performance may be determined

1-9  to be satisfactory or unsatisfactory. The policy may include an evaluation

1-10  by the teacher, pupils, administrators or other teachers , or any combination

1-11  thereof. In a similar manner, counselors, librarians and other licensed

1-12  personnel must be evaluated on forms developed specifically for their

1-13  respective specialties. A copy of the policy adopted by the board must be

1-14  filed with the department. The primary purpose of an evaluation is to

1-15  provide a format for constructive assistance. Evaluations, while not the sole

1-16  criterion, must be used in the dismissal process.

1-17    3.  A conference and a written evaluation for a probationary employee

1-18  must be concluded [no] not later than:

2-1    (a) December 1;

2-2    (b) February 1; and

2-3    (c) April 1,

2-4  of each school year of the probationary period, except that a probationary

2-5  employee assigned to a school that operates all year must be evaluated at

2-6  least three times during each 12 months of employment on a schedule

2-7  determined by the board. An administrator charged with the evaluation of

2-8  a probationary teacher shall, during each evaluation period, personally

2-9  observe the performance of the teacher for a minimum cumulative total

2-10  of 60 minutes, at least 45 minutes of which must consist of one

2-11  continuous observation.

2-12    4.  Whenever an administrator charged with the evaluation of a

2-13  probationary employee believes the employee will not be reemployed for

2-14  the second year of the probationary period or the school year following the

2-15  probationary period, he shall bring the matter to the employee’s attention in

2-16  a written document which is separate from the evaluation [no] not later

2-17  than [February 15] March 1 of the current school year. The notice must

2-18  include the reasons for the potential decision not to reemploy or refer to the

2-19  evaluation in which the reasons are stated. Such a notice is not required if

2-20  the probationary employee has received a letter of admonition during the

2-21  current school year.

2-22    5.  Each postprobationary teacher must be evaluated at least once each

2-23  year.An administrator charged with the evaluation of a postprobationary

2-24  teacher shall, during each evaluation period, personally observe the

2-25  performance of the teacher for a minimum cumulative total of 60

2-26  minutes, at least 30 minutes of which must consist of one continuous

2-27  observation.

2-28    6.  The evaluation of a probationary teacher or a postprobationary

2-29  teacher must[, if] :

2-30    (a) If necessary, include recommendations for improvements in his

2-31  performance. A reasonable effort must be made to assist the teacher to

2-32  correct any deficiencies noted in the evaluation.

2-33    (b) Include a statement by the administrator who evaluated the

2-34  teacher indicating the amount of time that the administrator personally

2-35  observed the performance of the teacher in the classroom.

2-36    7.  The teacher must receive a copy of each evaluation not later than 15

2-37  days after the evaluation. A copy of the evaluation and the teacher’s

2-38  response must be permanently attached to the teacher’s personnel file.

2-39    Sec. 2.  NRS 391.313 is hereby amended to read as follows:

2-40    391.313  1.  Whenever an administrator charged with supervision of a

2-41  licensed employee believes it is necessary to admonish the employee for a

2-42  reason that he believes may lead to demotion[,] or dismissal or cause the

2-43  employee not to be reemployed under the provisions of NRS 391.312, he

2-44  shall:

2-45    (a) Except as otherwise provided in subsection [2,] 3, bring the matter to

2-46  the attention of the employee involved, in writing, stating the reasons for

2-47  the admonition and that it may lead to his demotion, dismissal or a refusal

2-48  to reemploy him, and make a reasonable effort to assist the employee to

3-1  correct whatever appears to be the cause for his potential demotion,

3-2  dismissal or a potential recommendation not to reemploy him; and

3-3    (b) Except as otherwise provided in NRS 391.314, allow reasonable

3-4  time for improvement, which must not exceed 3 months for the first

3-5  admonition.

3-6    2.  An admonition issued to a licensed employee who, within the time

3-7  granted for improvement, has met the standards set for him by the

3-8  administrator who issued the admonition must be removed from the

3-9  records of the employee together with all notations and indications of its

3-10  having been issued. The admonition must be removed from the records of

3-11  the employee not later than 3 years after it is issued.

3-12    [2.] 3.  An administrator need not admonish an employee pursuant to

3-13  paragraph (a) of subsection 1 if his employment will be terminated

3-14  pursuant to NRS 391.3197. If by [February 15] March 1 of the first or

3-15  second year of his probationary period a probationary employee does not

3-16  receive a written notice pursuant to subsection 4 of NRS 391.3125 of a

3-17  potential decision not to reemploy him, he must receive an admonition

3-18  before any such decision is made.

3-19    [3.] 4.  A licensed employee is subject to immediate dismissal or a

3-20  refusal to reemploy according to the procedures provided in NRS 391.311

3-21  to 391.3197, inclusive, without the admonition required by this section, on

3-22  grounds contained in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of

3-23  NRS 391.312.

3-24    Sec. 3.  NRS 391.3197 is hereby amended to read as follows:

3-25    391.3197  1.  A probationary employee is employed on a contract

3-26  basis for two 1-year periods and has no right to employment after either of

3-27  the two probationary contract years.

3-28    2.  The board shall notify each probationary employee in writing on or

3-29  before May 1 of the first and second school years of his probationary

3-30  period, as appropriate, whether he is to be reemployed for the second year

3-31  of the probationary period or for the next school year as a postprobationary

3-32  employee. The employee must advise the board in writing on or before

3-33  May 10 of the first or second year of his probationary period, as

3-34  appropriate, of his acceptance of reemployment. If a probationary

3-35  employee is assigned to a school that operates all year, the board shall

3-36  notify him in writing, in both the first and second years of his probationary

3-37  period, no later than 45 days before his last day of work for the year under

3-38  his contract whether he is to be reemployed for the second year of the

3-39  probationary period or for the next school year as a postprobationary

3-40  employee. He must advise the board in writing within 10 days after the

3-41  date of notification of his acceptance or rejection of reemployment for

3-42  another year. Failure to advise the board of his acceptance of

3-43  reemployment constitutes rejection of the contract.

3-44    3.  A probationary employee who completes his 2-year probationary

3-45  period and receives a notice of reemployment from the school district in

3-46  the second year of his probationary period is entitled to be a

3-47  postprobationary employee in the ensuing year of employment.

3-48    4.  [A] If a probationary employee [who receives an unsatisfactory

3-49  evaluation] receives notice pursuant to subsection 4 of NRS 391.3125 not

4-1  later than March 1 of a potential decision not to reemploy him, the

4-2  employee may request a supplemental evaluation by another administrator

4-3  in the school district selected by him and the superintendent. If a school

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

4-5  an administrator from another school district in [the] this state. If a

4-6  probationary employee has received during the first school year of his

4-7  probationary period three evaluations which state that the employee’s

4-8  overall performance has been satisfactory, the superintendent of schools of

4-9  the school district or his designee shall waive the second year of the

4-10  employee’s probationary period by expressly providing in writing on the

4-11  final evaluation of the employee for the first probationary year that the

4-12  second year of his probationary period is waived. Such an employee is

4-13  entitled to be a postprobationary employee in the ensuing year of

4-14  employment.

4-15    5.  If a probationary employee is notified that he will not be

4-16  reemployed for the second year of his probationary period or the ensuing

4-17  school year, his employment ends on the last day of the current school

4-18  year. The notice that he will not be reemployed must include a statement of

4-19  the reasons for that decision.

4-20    6.  A new employee or a postprobationary teacher who is employed as

4-21  an administrator shall be deemed to be a probationary employee for the

4-22  purposes of this section and must serve a 2-year probationary period as an

4-23  administrator in accordance with the provisions of this section. If the

4-24  administrator does not receive an unsatisfactory evaluation during the first

4-25  year of probation, the superintendent or his designee shall waive the second

4-26  year of the administrator’s probationary period. Such an administrator is

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

4-28  employment. If a postprobationary teacher who is an administrator is not

4-29  reemployed in that capacity after either year of his probationary period, he

4-30  may accept a contract as a teacher for the ensuing school year in writing on

4-31  or before May 10. If he fails to accept the contract as a teacher, he shall be

4-32  deemed to have rejected the offer of a contract as a teacher.

4-33    7.  An administrator who has completed his probationary period

4-34  pursuant to subsection 6 and is thereafter promoted to the position of

4-35  principal must serve an additional probationary period of 1 year in the

4-36  position of principal. If the administrator serving the additional

4-37  probationary period is not reemployed in that capacity after the expiration

4-38  of the additional probationary period, he may accept a contract for the

4-39  ensuing school year, in writing, on or before May 10, for the administrative

4-40  position in which he attained postprobationary status. If he fails to accept

4-41  such a contract, he shall be deemed to have rejected the offer of

4-42  employment.

4-43    8.  Before dismissal, the probationary employee is entitled to a hearing

4-44  before a hearing officer which affords due process as set out in NRS

4-45  391.311 to 391.3196, inclusive.

 

 

 

 

5-1    Sec. 4.  Section 1 of Assembly Bill No. 130 of this session is hereby

5-2  amended to read as follows:

5-3     Section 1.  NRS 391.3197 is hereby amended to read as follows:

5-4     391.3197  1.  A probationary employee is employed on a contract

5-5  basis for two 1-year periods and has no right to employment after

5-6  either of the two probationary contract years.

5-7    2.  The board shall notify each probationary employee in writing

5-8  on or before May 1 of the first and second school years of his

5-9  probationary period, as appropriate, whether he is to be reemployed

5-10  for the second year of the probationary period or for the next school

5-11  year as a postprobationary employee. The employee must advise the

5-12  board in writing on or before May 10 of the first or second year of his

5-13  probationary period, as appropriate, of his acceptance of

5-14  reemployment. If a probationary employee is assigned to a school that

5-15  operates all year, the board shall notify him in writing, in both the first

5-16  and second years of his probationary period, no later than 45 days

5-17  before his last day of work for the year under his contract whether he

5-18  is to be reemployed for the second year of the probationary period or

5-19  for the next school year as a postprobationary employee. He must

5-20  advise the board in writing within 10 days after the date of

5-21  notification of his acceptance or rejection of reemployment for

5-22  another year. Failure to advise the board of his acceptance of

5-23  reemployment constitutes rejection of the contract.

5-24    3.  A probationary employee who completes his 2-year

5-25  probationary period and receives a notice of reemployment from the

5-26  school district in the second year of his probationary period is entitled

5-27  to be a postprobationary employee in the ensuing year of employment.

5-28    4.  If a probationary employee receives notice pursuant to

5-29  subsection 4 of NRS 391.3125 not later than March 1 of a potential

5-30  decision not to reemploy him, the employee may request a

5-31  supplemental evaluation by another administrator in the school district

5-32  selected by him and the superintendent. If a school district has five or

5-33  fewer administrators, the supplemental evaluator may be an

5-34  administrator from another school district in this state. If a

5-35  probationary employee has received during the first school year of his

5-36  probationary period three evaluations which state that the employee’s

5-37  overall performance has been satisfactory, the superintendent of

5-38  schools of the school district or his designee shall waive the second

5-39  year of the employee’s probationary period by expressly providing in

5-40  writing on the final evaluation of the employee for the first

5-41  probationary year that the second year of his probationary period is

5-42  waived. Such an employee is entitled to be a postprobationary

5-43  employee in the ensuing year of employment.

5-44    5.  If a probationary employee is notified that he will not be

5-45  reemployed for the second year of his probationary period or the

5-46  ensuing school year, his employment ends on the last day of the

5-47  current school year. The notice that he will not be reemployed must

5-48  include a statement of the reasons for that decision.

6-1    6.  A new employee or a postprobationary teacher who is

6-2  employed as an administrator shall be deemed to be a probationary

6-3  employee for the purposes of this section and must serve a 2-year

6-4  probationary period as an administrator in accordance with the

6-5  provisions of this section. If the administrator does not receive an

6-6  unsatisfactory evaluation during the first year of probation, the

6-7  superintendent or his designee shall waive the second year of the

6-8  administrator’s probationary period. Such an administrator is entitled

6-9  to be a postprobationary employee in the ensuing year of employment.

6-10  If [a] :

6-11    (a) A postprobationary teacher who is an administrator is not

6-12  reemployed [in that capacity] as an administrator after either year of

6-13  his probationary period [, he may accept] ; and

6-14    (b) There is a position as a teacher available for the ensuing

6-15  school year in the school district in which the person is

6-16  employed,

6-17  the board of trustees of the school district shall, on or before May 1,

6-18  offer the person a contract as a teacher for the ensuing school year .

6-19  The person may accept the contract in writing on or before May 10.

6-20  If [he] the person fails to accept the contract as a teacher, [he] the

6-21  person shall be deemed to have rejected the offer of a contract as a

6-22  teacher.

6-23    7.  An administrator who has completed his probationary period

6-24  pursuant to subsection 6 and is thereafter promoted to the position of

6-25  principal must serve an additional probationary period of 1 year in the

6-26  position of principal. If the administrator serving the additional

6-27  probationary period is not reemployed [in that capacity] as a principal

6-28  after the expiration of the additional probationary period, [he may

6-29  accept] the board of trustees of the school district in which the

6-30  person is employed shall, on or before May 1, offer the person a

6-31  contract for the ensuing school year[, in writing, on or before May

6-32  10,] for the administrative position in which [he] the person attained

6-33  postprobationary status. [If he] The person may accept the contract

6-34  in writing on or before May 10. If the person fails to accept such a

6-35  contract, [he] the person shall be deemed to have rejected the offer of

6-36  employment.

6-37    8.  Before dismissal, the probationary employee is entitled to a

6-38  hearing before a hearing officer which affords due process as set out

6-39  in NRS 391.311 to 391.3196, inclusive.

6-40    Sec. 5.  This act becomes effective upon passage and approval.

 

6-41  H