Senate Bill No. 168–Senator Rawson

 

February 15, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Establishes system of classification for licensure of teachers. (BDR 34‑737)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

CONTAINS UNFUNDED MANDATE (§ 7)

(Not Requested by Affected Local Government)

 

~

 

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

 

AN ACT relating to educational personnel; requiring the commission on professional standards in education to adopt regulations prescribing objective criteria and qualifications for a system of classification for the licensure of teachers; authorizing a licensed teacher to apply to the board of trustees of the school district in which he is employed for a mentor or master classification; requiring the boards of trustees of school districts to pay augmented salaries to teachers who hold licenses with mentor or master classifications; 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 386.595 is hereby amended to read as follows:

1-2    386.595  1.  Except as otherwise provided in this subsection and

1-3  subsections 2 and 3, the provisions of the collective bargaining agreement

1-4  entered into by the board of trustees of the school district in which the

1-5  charter school is located apply to the terms and conditions of employment

1-6  of employees of the charter school. If a written charter is renewed, the

1-7  employees of the charter school may, at the time of renewal, apply for

1-8  recognition as a bargaining unit pursuant to NRS 288.160.

1-9    2.  A charter school is exempt from the specific provisions of the

1-10  collective bargaining agreement that controls the:

1-11    (a) Periods of preparation time for teachers, provided that the charter

1-12  school allows at least the same amount of time for preparation as the

1-13  school district;

1-14    (b) Times of day that a teacher may work;

1-15    (c) Number of hours that a teacher may work in 1 day;

1-16    (d) Number of hours and days that a teacher may work in 1 week; and

1-17    (e) Number of hours and days that a teacher may work in 1 year.

2-1  If a teacher works more than the number of hours or days prescribed in the

2-2  collective bargaining agreement, the teacher must be compensated for the

2-3  additional hours or days in an amount calculated by prorating the salary for

2-4  the teacher that is set forth in the collective bargaining agreement.

2-5    3.  A teacher or a governing body of a charter school may request that

2-6  the board of trustees of the school district and other persons who entered

2-7  into the collective bargaining agreement grant a waiver from specific

2-8  provisions of the collective bargaining agreement for the teacher or

2-9  governing body.

2-10    4.  All employees of a charter school shall be deemed public

2-11  employees.

2-12    5.  The governing body of a charter school may make all employment

2-13  decisions with regard to its employees pursuant to NRS 391.311 to

2-14  391.3197, inclusive, unless the applicable collective bargaining agreement

2-15  contains separate provisions relating to the discipline of licensed

2-16  employees of a school.

2-17    6.  If the written charter of a charter school is revoked, the employees

2-18  of the charter school must be reassigned to employment within the school

2-19  district in accordance with the collective bargaining agreement.

2-20    7.  The board of trustees of a school district that is a sponsor of a

2-21  charter school shall grant a leave of absence, not to exceed 6 years, to any

2-22  employee who is employed by the board of trustees who requests such a

2-23  leave of absence to accept employment with the charter school. After the

2-24  first school year in which an employee is on a leave of absence, he may

2-25  return to his former teaching position with the board of trustees. After the

2-26  third school year, an employee who is on a leave of absence may submit a

2-27  written request to the board of trustees to return to a comparable teaching

2-28  position with the board of trustees. After the sixth school year, an

2-29  employee shall either submit a written request to return to a comparable

2-30  teaching position or resign from the position for which his leave was

2-31  granted. The board of trustees shall grant a written request to return to a

2-32  comparable position pursuant to this subsection even if the return of the

2-33  employee requires the board of trustees to reduce the existing work force of

2-34  the school district. The board of trustees may require that a request to

2-35  return to a teaching position submitted pursuant to this subsection be

2-36  submitted at least 90 days before the employee would otherwise be

2-37  required to report to duty.

2-38    8.  An employee who is on a leave of absence from a school district

2-39  pursuant to this section shall contribute to and be eligible for all benefits

2-40  for which he would otherwise be entitled, including, without limitation,

2-41  participation in the public employees’ retirement system and accrual of

2-42  time for the purposes of leave and retirement. The time during which such

2-43  an employee is on leave of absence and employed in a charter school does

2-44  not count toward the acquisition of permanent status with the school

2-45  district.

2-46    9.  Upon the return of a teacher to employment in the school district,

2-47  [he] the teacher is entitled to [the] :

3-1    (a) The same level of retirement, salary and any other benefits to which

3-2  he would otherwise be entitled if he had not taken a leave of absence to

3-3  teach in a charter school[.] ; and

3-4    (b) Except as otherwise provided in subsection 3 of NRS 391.033, a

3-5  license with the same classification, as determined pursuant to sections 3

3-6  and 4 of this act, that he held at the time he took the leave of absence to

3-7  teach in the charter school, if his license was classified pursuant to

3-8  sections 3 and 4 of this act before he took the leave of absence to teach in

3-9  the charter school.

3-10    10.  An employee of a charter school who is not on a leave of absence

3-11  from a school district is eligible for all benefits for which he would be

3-12  eligible for employment in a public school, including, without limitation,

3-13  participation in the public employees’ retirement system.

3-14    11.  For all employees of a charter school:

3-15    (a) The compensation that a teacher or other school employee would

3-16  have received if he were employed by the school district must be used to

3-17  determine the appropriate levels of contribution required of the employee

3-18  and employer for purposes of the public employees’ retirement system.

3-19    (b) The compensation that is paid to a teacher or other school employee

3-20  that exceeds the compensation that he would have received if he were

3-21  employed by the school district must not be included for the purposes of

3-22  calculating future retirement benefits of the employee.

3-23    12.  If the board of trustees of a school district in which a charter

3-24  school is located manages a plan of group insurance for its employees, the

3-25  governing body of the charter school may negotiate with the board of

3-26  trustees to participate in the same plan of group insurance that the board of

3-27  trustees offers to its employees. If the employees of the charter school

3-28  participate in the plan of group insurance managed by the board of trustees,

3-29  the governing body of the charter school shall:

3-30    (a) Ensure that the premiums for that insurance are paid to the board of

3-31  trustees; and

3-32    (b) Provide, upon the request of the board of trustees, all information

3-33  that is necessary for the board of trustees to provide the group insurance to

3-34  the employees of the charter school.

3-35    Sec. 2.  Chapter 391 of NRS is hereby amended by adding thereto the

3-36  provisions set forth as sections 3 and 4 of this act.

3-37    Sec. 3.  1.  The commission shall adopt regulations prescribing

3-38  objective criteria and qualifications pursuant to which the license of each

3-39  teacher who is licensed to teach in this state must be classified as:

3-40    (a) A master;

3-41    (b) A mentor;

3-42    (c) A general teacher; or

3-43    (d) An associate.

3-44    2.  The objective criteria and qualifications prescribed in the

3-45  regulations adopted by the commission pursuant to subsection 1 must set

3-46  forth, without limitation, that a license with an associate classification is

3-47  held by a teacher who is a probationary employee of a school district or

3-48  charter school.

4-1    Sec. 4.  1.  If a teacher who is employed by the board of trustees of a

4-2  school district successfully completes his probationary period, the board

4-3  of trustees of the school district that employs the teacher shall, as soon as

4-4  practicable, convert the license held by the teacher to a license with a

4-5  general teacher classification.

4-6    2.  On or before November 1, a teacher who is employed by the board

4-7  of trustees of a school district may apply to the board of trustees of the

4-8  school district in which he is employed to receive a license with a mentor

4-9  or master classification.

4-10    3.  On or before January 1 immediately following the date of

4-11  application, the board of trustees of each school district shall, applying

4-12  the objective criteria and qualifications prescribed in the regulations

4-13  adopted by the commission pursuant to section 3 of this act, review the

4-14  applications submitted pursuant to subsection 2 and determine the

4-15  teachers who are entitled to receive a license with a mentor or master

4-16  classification.

4-17    4.  If a teacher who fails to receive a license with a mentor or master

4-18  classification believes that the determination of the board of trustees was

4-19  in error, the teacher may, not later than January 15, submit a written

4-20  request to the superintendent of public instruction to review his

4-21  application.

4-22    5.  Not later than February 15, the superintendent of public

4-23  instruction shall, applying the objective criteria and qualifications

4-24  prescribed in the regulations adopted by the commission pursuant to

4-25  section 3 of this act, render a decision on each request for review. A

4-26  decision to deny the application is final and not appealable, but does not

4-27  preclude the timely submission of such an application in future school

4-28  years.

4-29    6.  If the application of a teacher to receive a license with a mentor or

4-30  master classification is approved:

4-31    (a) The board of trustees of the school district in which the teacher is

4-32  employed shall pay an augmented salary to the teacher pursuant to

4-33  subsection 1 of NRS 391.160 commencing with the school year

4-34  immediately succeeding the school year in which the application was

4-35  approved.

4-36    (b) The teacher maintains the classification until such time as he

4-37  applies for and receives another classification, regardless of whether the

4-38  teacher obtains employment with the board of trustees of another school

4-39  district in this state.

4-40    Sec. 5.  NRS 391.031 is hereby amended to read as follows:

4-41    391.031  1.  There are the following kinds of licenses for teachers and

4-42  other educational personnel in this state:

4-43    [1.] (a) A license to teach elementary education, which authorizes the

4-44  holder to teach in any elementary school in the state.

4-45    [2.] (b) A license to teach secondary education, which authorizes the

4-46  holder to teach in his major or minor field of preparation or in both fields

4-47  in any secondary school. He may teach only in these fields unless an

4-48  exception is approved pursuant to regulations adopted by the commission.

5-1    [3.] (c) A special license, which authorizes the holder to teach or

5-2  perform other educational functions in a school or program as designated

5-3  in the license.

5-4    2.  In addition to the kinds of licenses described in subsection 1, the

5-5  license of each teacher who is licensed to teach in this state must be

5-6  classified in accordance with the objective criteria and qualifications

5-7  prescribed in the regulations adopted by the commission pursuant to

5-8  section 3 of this act as:

5-9    (a) A master;

5-10    (b) A mentor;

5-11    (c) A general teacher; or

5-12    (d) An associate.

5-13    3.  A person shall hold a license with an associate classification for

5-14  the duration of his probationary employment with the board of trustees of

5-15  a school district or the governing body of a charter school, as applicable.

5-16    Sec. 6.  NRS 391.033 is hereby amended to read as follows:

5-17    391.033  1.  All licenses for teachers and other educational personnel

5-18  are granted by the superintendent of public instruction pursuant to

5-19  regulations adopted by the commission and as otherwise provided by law.

5-20    2.  An initial license issued by the superintendent of public

5-21  instruction, including, without limitation, an initial license issued to a

5-22  teacher who is employed by the governing body of a charter school, must

5-23  be a license with an associate classification.

5-24    3.  If a teacher who is employed by the governing body of a charter

5-25  school successfully completes his probationary period while employed at

5-26  the charter school, the teacher may apply to the superintendent of public

5-27  instruction to receive a license with a general teacher classification. The

5-28  superintendent shall convert the license held by the teacher to a license

5-29  with a general teacher classification if he determines that the teacher has

5-30  achieved postprobationary status. A teacher who is employed by the

5-31  governing body of a charter school is not eligible to receive a license with

5-32  a mentor or master classification.

5-33    4.  An application for the issuance of a license must include the social

5-34  security number of the applicant.

5-35    [3.] 5.  Every applicant for a license must submit with his application a

5-36  complete set of his fingerprints and written permission authorizing the

5-37  superintendent to forward the fingerprints to the Federal Bureau of

5-38  Investigation and to the central repository for Nevada records of criminal

5-39  history for their reports on the criminal history of the applicant.

5-40    [4.] 6.  The superintendent may issue a provisional license pending

5-41  receipt of the reports of the Federal Bureau of Investigation and the central

5-42  repository for Nevada records of criminal history if he determines that the

5-43  applicant is otherwise qualified.

5-44    [5.] 7.  A license must be issued to an applicant if:

5-45    (a) The superintendent determines that the applicant is qualified;

5-46    (b) The reports on the criminal history of the applicant from the Federal

5-47  Bureau of Investigation and the central repository for Nevada records of

5-48  criminal history:

6-1       (1) Do not indicate that the applicant has been convicted of a felony

6-2  or any offense involving moral turpitude; or

6-3       (2) Indicate that the applicant has been convicted of a felony or an

6-4  offense involving moral turpitude but the superintendent determines that

6-5  the conviction is unrelated to the position within the county school district

6-6  for which the applicant applied; and

6-7    (c) The applicant submits the statement required pursuant to NRS

6-8  391.034.

6-9    Sec. 7.  NRS 391.160 is hereby amended to read as follows:

6-10    391.160  1.  The salaries of teachers and other employees must be

6-11  determined by the character of the service required. A school district shall

6-12  not discriminate between male and female employees in the matter of

6-13  salary. Each year, the board of trustees of each school district shall

6-14  determine the average salary for the current year of all the teachers who

6-15  are employed by the school district who hold a license with a general

6-16  teacher classification. Each year, the salary of each teacher employed by

6-17  a school district who holds a license with a mentor classification must be

6-18  in an amount equal to one and one-half times the average salary for that

6-19  year of all the teachers who are employed by that school district who hold

6-20  a license with a general teacher classification. Each year, the salary of

6-21  each teacher employed by a school district who holds a license with a

6-22  master classification must be in an amount equal to two times the

6-23  average salary for that year of all the teachers who are employed by that

6-24  school district who hold a license with a general teacher classification. A

6-25  teacher who receives an augmented salary based on a mentor or master

6-26  classification pursuant to this subsection is ineligible for any other

6-27  increase in salary during the school year except the 5-percent increase

6-28  described in subsection 2, if applicable. A teacher who is employed by the

6-29  governing body of a charter school is not eligible to receive an

6-30  augmented salary pursuant to this subsection.

6-31    2.  Each year when determining the salary of a teacher who holds

6-32  certification issued by the National Board for Professional Teaching

6-33  Standards, a school district shall add 5 percent to the salary that the teacher

6-34  would otherwise receive in 1 year for his classification on the schedule of

6-35  salaries for the school district if:

6-36    (a) On or before September 15 of the school year, the teacher has

6-37  submitted evidence satisfactory to the school district of his current

6-38  certification; and

6-39    (b) The teacher is assigned by the school district to provide classroom

6-40  instruction during that school year.

6-41  No increase in salary may be given during a particular school year to a

6-42  teacher who submits evidence of certification after September 15 of that

6-43  school year. Once a teacher has submitted evidence of such certification to

6-44  the school district, the school district shall retain the evidence in its

6-45  records, as applicable, for future school years. An increase in salary given

6-46  in accordance with this subsection is in addition to any other increase to

6-47  which the teacher may otherwise be entitled[.] , including, without

6-48  limitation, an augmented salary provided pursuant to subsection 1.

7-1    3.  In determining the salary of a licensed teacher who is employed by a

7-2  school district after the teacher has been employed by another school

7-3  district in this state, the present employer shall, except as otherwise

7-4  provided in subsection 5:

7-5    (a) Give the teacher the same credit for previous teaching service as he

7-6  was receiving from his former employer at the end of his former

7-7  employment; [and]

7-8    (b) Give the teacher credit for his final year of service with his former

7-9  employer, if credit for that service is not included in credit given pursuant

7-10  to paragraph (a)[.] ; and

7-11    (c) Pay an augmented salary to the teacher pursuant to subsection 1 if

7-12  the teacher received such an augmented salary from his former employer

7-13  and possesses the appropriate license with a mentor or master

7-14  classification.

7-15    4.  A school district may give the credit required by subsection 3 for

7-16  previous teaching service earned in another state if the commission has

7-17  approved the standards for licensing teachers of that state. The commission

7-18  shall adopt regulations that establish the criteria by which the commission

7-19  will consider the standards for licensing teachers of other states for the

7-20  purposes of this subsection. The criteria may include, without limitation,

7-21  whether the commission has authorized reciprocal licensure of educational

7-22  personnel from the state under consideration.

7-23    5.  This section does not:

7-24    (a) Require a school district to allow a teacher more credit for previous

7-25  teaching service than the maximum credit for teaching experience provided

7-26  for in the schedule of salaries established by it for its licensed personnel.

7-27    (b) Permit a school district to deny a teacher credit for his previous

7-28  teaching service on the ground that the service differs in kind from the

7-29  teaching experience for which credit is otherwise given by the school

7-30  district.

7-31    6.  As used in this section, “previous teaching service” means the total

7-32  of:

7-33    (a) Any period of teaching service for which a teacher received credit

7-34  from his former employer at the beginning of his former employment; and

7-35    (b) His period of teaching service in his former employment.

7-36    Sec. 8.  1.  In adopting regulations prescribing objective criteria and

7-37  qualifications as required pursuant to section 3 of this act, the commission

7-38  on professional standards in education shall ensure, insofar as is

7-39  practicable:

7-40    (a) That the criteria and qualifications pertaining to a license with a

7-41  mentor classification are established such that not more than 20 percent of

7-42  all teachers who are licensed to teach in this state and who are employed by

7-43  the board of trustees of a school district would be able to qualify for such a

7-44  license.

7-45    (b) That the criteria and qualifications pertaining to a license with a

7-46  master classification are established such that not more than 10 percent of

7-47  all teachers who are licensed to teach in this state and who are employed by

7-48  the board of trustees of a school district would be able to qualify for such a

7-49  license.

8-1    2.  The commission on professional standards in education shall adopt

8-2  regulations prescribing objective criteria and qualifications as required

8-3  pursuant to section 3 of this act on or before July 1, 2002. As soon as is

8-4  practicable after adopting the regulations, the commission on professional

8-5  standards in education shall provide a copy of the regulations to the

8-6  superintendent of public instruction.

8-7    3.  The superintendent of public instruction shall, on or before
August 1, 2002, provide to the board of trustees of each school district a

8-8  memorandum that describes the substance of the regulations adopted by the

8-9  commission on professional standards.

8-10    4.  Each school district shall provide a copy of the memorandum to

8-11  each public school in the district for posting on or before September 1,

8-12  2002, and shall additionally provide a copy of the memorandum to each

8-13  union or other organization that represents the licensed employees of the

8-14  school district in matters of collective bargaining.

8-15    Sec. 9.  1.  With the exception of probationary employees, who hold a

8-16  license with an associate classification as set forth in subsection 2 of

8-17  section 3 of this act, the license held by each teacher on July 1, 2002, shall

8-18  be deemed a license with a general teacher classification.

8-19    2.  On or before November 1, 2002, a teacher who is employed by the

8-20  board of trustees of a school district may apply to the board of trustees of

8-21  the school district in which he is employed to receive a license with a

8-22  mentor or master classification.

8-23    3.  On or before January 1, 2003, the board of trustees of each school

8-24  district shall, applying the objective criteria and qualifications prescribed in

8-25  the regulations adopted by the commission on professional standards in

8-26  education pursuant to section 3 of this act, review the applications

8-27  submitted pursuant to subsection 2 and determine the teachers who are

8-28  entitled to receive a license with a mentor or master classification.

8-29    4.  If a teacher who fails to receive a license with a mentor or master

8-30  classification believes that the determination of the board of trustees was in

8-31  error, the teacher may, not later than January 15, 2003, submit a written

8-32  request to the superintendent of public instruction to review his application.

8-33    5.  Not later than February 15, 2003, the superintendent of public

8-34  instruction shall, applying the objective criteria and qualifications

8-35  prescribed in the regulations adopted by the commission on professional

8-36  standards in education pursuant to section 3 of this act, render a decision on

8-37  each request for review. A decision to deny the application is final and

8-38  unappealable, but does not preclude the timely submission of such an

8-39  application in future school years.

8-40    6.  If the application of a teacher to receive a license with a mentor or

8-41  master classification is approved:

8-42    (a) The board of trustees of the school district in which the teacher is

8-43  employed shall pay an augmented salary to the teacher pursuant to

8-44  subsection 1 of NRS 391.160 commencing with the 2003-2004 school

8-45  year.

8-46    (b) The teacher maintains the classification until such time as he applies

8-47  for and receives another classification, regardless of whether the teacher

9-1  obtains employment with the board of trustees of another school district in

9-2  this state.

9-3    Sec. 10.  The provisions of subsection 1 of NRS 354.599 do not apply

9-4  to any additional expenses of a local government that are related to the

9-5  provisions of this act.

9-6    Sec. 11.  1.  This section and section 8 of this act become effective on

9-7  July 1, 2001.

9-8    2.  Section 3 of this act becomes effective on July 1, 2001, for the

9-9  purpose of adopting regulations prescribing objective criteria and

9-10  qualifications and on July 1, 2002, for all other purposes.

9-11    3.  Sections 1, 2, 4 to 7, inclusive, and 9 of this act become effective on

9-12  July 1, 2002.

 

9-13  H