(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 168
Senate Bill No. 168–Senator Rawson
February 15, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Establishes system for classifying teachers. (BDR 34‑737)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 9)
(Not Requested by Affected Local Government)
~
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).
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 same [level] :
3-1 (a) Level of retirement, salary and any other benefits to which he would
3-2 otherwise be entitled if he had not taken a leave of absence to teach in a
3-3 charter school.
3-4 (b) Classification, as set forth in section 6 of this act, that he held at
3-5 the time he took the leave of absence if his classification is valid on the
3-6 date of his return to the school district.
3-7 10. An employee of a charter school who is not on a leave of absence
3-8 from a school district is eligible for all benefits for which he would be
3-9 eligible for employment in a public school, including, without limitation,
3-10 participation in the public employees’ retirement system.
3-11 11. For all employees of a charter school:
3-12 (a) The compensation that a teacher or other school employee would
3-13 have received if he were employed by the school district must be used to
3-14 determine the appropriate levels of contribution required of the employee
3-15 and employer for purposes of the public employees’ retirement system.
3-16 (b) The compensation that is paid to a teacher or other school employee
3-17 that exceeds the compensation that he would have received if he were
3-18 employed by the school district must not be included for the purposes of
3-19 calculating future retirement benefits of the employee.
3-20 12. If the board of trustees of a school district in which a charter
3-21 school is located manages a plan of group insurance for its employees, the
3-22 governing body of the charter school may negotiate with the board of
3-23 trustees to participate in the same plan of group insurance that the board of
3-24 trustees offers to its employees. If the employees of the charter school
3-25 participate in the plan of group insurance managed by the board of trustees,
3-26 the governing body of the charter school shall:
3-27 (a) Ensure that the premiums for that insurance are paid to the board of
3-28 trustees; and
3-29 (b) Provide, upon the request of the board of trustees, all information
3-30 that is necessary for the board of trustees to provide the group insurance to
3-31 the employees of the charter school.
3-32 Sec. 2. NRS 387.303 is hereby amended to read as follows:
3-33 387.303 1. Not later than November 10 of each year, the board of
3-34 trustees of each school district shall submit to the superintendent of public
3-35 instruction and the department of taxation a report which includes the
3-36 following information:
3-37 (a) For each fund within the school district, including, without
3-38 limitation, the school district’s general fund and any special revenue fund
3-39 which receives state money, the total number and salaries of licensed and
3-40 nonlicensed persons whose salaries are paid from the fund and who are
3-41 employed by the school district in full-time positions or in part-time
3-42 positions added together to represent full-time positions. Information must
3-43 be provided for the current school year based upon the school district’s
3-44 final budget, including any amendments and augmentations thereto, and for
3-45 the preceding school year. An employee must be categorized as filling an
3-46 instructional, administrative, instructional support or other position.
3-47 (b) The count of pupils computed pursuant to paragraph (a) of
3-48 subsection 1 of NRS 387.1233.
4-1 (c) The average daily attendance for the preceding school year and the
4-2 estimated average daily attendance for the current school year of part-time
4-3 pupils enrolled in courses which are approved by the department as
4-4 meeting the requirements for an adult to earn a high school diploma.
4-5 (d) The school district’s actual expenditures in the fiscal year
4-6 immediately preceding the report.
4-7 (e) The school district’s proposed expenditures for the current fiscal
4-8 year.
4-9 (f) The schedule of salaries for licensed employees in the current school
4-10 year and a statement of whether the negotiations regarding salaries for the
4-11 current school year have been completed. If the negotiations have not been
4-12 completed at the time the schedule of salaries is submitted, the board of
4-13 trustees shall submit a supplemental report to the superintendent of public
4-14 instruction upon completion of negotiations or the determination of an
4-15 arbitrator concerning the negotiations that includes the schedule of salaries
4-16 agreed to or required by the arbitrator.
4-17 (g) The number of teachers who received an increase in salary pursuant
4-18 to [subsection 2 of] NRS 391.160 for the current and preceding fiscal
4-19 years.
4-20 (h) The number of employees eligible for health insurance within the
4-21 school district for the current and preceding fiscal years and the amount
4-22 paid for health insurance for each such employee during those years.
4-23 (i) The rates for fringe benefits, excluding health insurance, paid by the
4-24 school district for its licensed employees in the preceding and current fiscal
4-25 years.
4-26 (j) The amount paid for extra duties, supervision of extracurricular
4-27 activities and supplemental pay and the number of employees receiving
4-28 that pay in the preceding and current fiscal years.
4-29 2. On or before November 25 of each year, the superintendent of
4-30 public instruction shall submit to the department of administration and the
4-31 fiscal analysis division of the legislative counsel bureau, in a format
4-32 approved by the director of the department of administration, a compilation
4-33 of the reports made by each school district pursuant to subsection 1.
4-34 3. The superintendent of public instruction shall, in the compilation
4-35 required by subsection 2, reconcile the revenues and expenditures of the
4-36 school districts with the apportionment received by those districts from the
4-37 state distributive school account for the preceding year.
4-38 Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto the
4-39 provisions set forth as sections 4 to 8, inclusive, of this act.
4-40 Sec. 4. 1. The commission shall adopt regulations prescribing the
4-41 minimum objective criteria and qualifications pursuant to which a
4-42 person who is employed by the board of trustees of a school district may
4-43 be classified as a:
4-44 (a) Mentor teacher; or
4-45 (b) Master teacher.
4-46 2. The regulations adopted pursuant to subsection 1 must include,
4-47 without limitation:
5-1 (a) The measurements to assess the knowledge and skills of a:
5-2 (1) Senior teacher to determine whether he is qualified to be a
5-3 mentor teacher; and
5-4 (2) Mentor teacher to determine whether he is qualified to be a
5-5 master teacher;
5-6 (b) The term for which each classification is valid; and
5-7 (c) The criteria and qualifications for the renewal of a classification,
5-8 including, without limitation, any requirements for continuing
5-9 education, demonstration of instructional skills and, if applicable,
5-10 demonstration of leadership skills.
5-11 3. In addition to the regulations adopted pursuant to subsection 1,
5-12 the commission shall adopt regulations prescribing the measurements
5-13 that must be used to assess the knowledge and skills of a senior teacher
5-14 to determine whether he qualifies to receive an increase in salary
5-15 pursuant to subsection 2 of NRS 391.160.
5-16 Sec. 5. 1. The board of trustees of each school district shall
5-17 establish a local committee on professional standards consisting of an
5-18 equal number of members who represent administrators and teachers.
5-19 The board of trustees shall appoint the members who represent the
5-20 administrators, and the recognized employee organization for the
5-21 teachers of the school district shall appoint the members who represent
5-22 the teachers.
5-23 2. Except as otherwise provided in subsection 3, each local
5-24 committee on professional standards shall prescribe objective criteria
5-25 and qualifications that are in addition to the minimum criteria and
5-26 qualifications prescribed by the commission pursuant to section 4 of this
5-27 act for a person who is employed by the school district to be eligible to be
5-28 classified as a:
5-29 (a) Mentor teacher; or
5-30 (b) Master teacher.
5-31 The criteria and qualifications prescribed by the local committee must be
5-32 consistent with and in addition to the minimum criteria and
5-33 qualifications prescribed by the commission pursuant to section 4 of this
5-34 act.
5-35 3. A local committee may determine, subject to future revision, that
5-36 the minimum criteria and qualifications prescribed by the commission
5-37 are sufficient for use by the school district without prescribing additional
5-38 criteria or qualifications. Upon making such a determination, the local
5-39 committee shall notify the commission of the determination.
5-40 4. Except as otherwise provided in subsection 3, each local
5-41 committee shall submit its proposed objective criteria and qualifications
5-42 to the commission for review and approval. The commission shall
5-43 disapprove the proposed criteria and qualifications if it determines that
5-44 the criteria and qualifications do not satisfy the minimum criteria and
5-45 qualifications prescribed by the commission pursuant to section 4 of this
5-46 act. The criteria and qualifications submitted by a local committee shall
5-47 be deemed approved if the commission does not disapprove the criteria
5-48 and qualifications within 90 days after they are submitted to the
5-49 commission. Any revisions or amendments to the criteria and
6-1 qualifications prescribed by a local committee must be submitted for
6-2 review by the commission pursuant to this subsection, including the date
6-3 the revisions or amendments are proposed to become effective.
6-4 5. In addition to the criteria and qualifications prescribed by the
6-5 local committee pursuant to subsection 2, each local committee shall
6-6 prescribe additional duties that a:
6-7 (a) Mentor teacher must be assigned in order to be eligible to receive
6-8 an increase in salary pursuant to paragraph (b) of subsection 3 of NRS
6-9 391.160.
6-10 (b) Master teacher must be assigned in order to be eligible to receive
6-11 an increase in salary pursuant to paragraph (b) of subsection 4 of NRS
6-12 391.160.
6-13 6. Each local committee shall submit an annual written report to the
6-14 commission that describes the additional duties prescribed by the local
6-15 committee pursuant to subsection 5.
6-16 Sec. 6. 1. Each teacher who is a probationary employee of a
6-17 school district or charter school shall be deemed to be classified as a
6-18 teacher.
6-19 2. If a teacher successfully completes his probationary period of
6-20 employment with the board of trustees of a school district or the
6-21 governing body of a charter school, he shall be deemed to be classified as
6-22 a senior teacher.
6-23 3. On or before November 1, a person who is classified as a:
6-24 (a) Senior teacher and who is employed by the board of trustees of a
6-25 school district may submit an application to the local committee on
6-26 professional standards created by the board of trustees pursuant to
6-27 section 5 of this act to be reclassified as a mentor teacher. A senior
6-28 teacher must have at least 5 years of teaching experience before he may
6-29 submit an application pursuant to this paragraph.
6-30 (b) Mentor teacher and who is employed by the board of trustees of a
6-31 school district may submit an application to the local committee on
6-32 professional standards created by the board of trustees pursuant to
6-33 section 5 of this act to be reclassified as a master teacher. A mentor
6-34 teacher must have at least 6 years of teaching experience before he may
6-35 submit an application pursuant to this paragraph.
6-36 4. On or before January 1 immediately following the date of
6-37 application for reclassification, the local committee on professional
6-38 standards shall review each application submitted pursuant to subsection
6-39 3 to determine whether it satisfies the criteria and qualifications
6-40 established by the local committee pursuant to section 5 of this act. If the
6-41 local committee determines that an application satisfies its criteria and
6-42 qualifications, the committee shall transmit the application and a letter of
6-43 approval to the commission. On or before January 15 immediately
6-44 following the date of application, the local committee shall transmit all
6-45 applications so approved.
6-46 5. On or before March 1 immediately following the date of
6-47 application for reclassification, the commission shall review each
6-48 application that it receives pursuant to subsection 4 to determine whether
6-49 the application satisfies the minimum objective criteria and
7-1 qualifications prescribed pursuant to section 4 of this act. If the
7-2 commission approves an application, the committee shall provide written
7-3 notice on or before April 1 to the board of trustees of the school district
7-4 in which the applicant is employed and the local committee on
7-5 professional standards to whom the application was initially submitted.
7-6 6. If an application is approved by the commission, the board of
7-7 trustees of the school district in which the applicant is employed shall:
7-8 (a) Reclassify the person as a mentor teacher or master teacher, as
7-9 applicable; and
7-10 (b) Pay the person an augmented salary pursuant to subsection 3 or 4
7-11 of NRS 391.160, as applicable, commencing with the school year
7-12 immediately succeeding the school year in which the application for
7-13 reclassification was approved.
7-14 7. A person who has been classified by the board of trustees of a
7-15 school district pursuant to this section as a mentor teacher or a master
7-16 teacher maintains that classification until the classification lapses for
7-17 nonrenewal or the person does not otherwise satisfy the requirements for
7-18 renewal. Each school district in this state shall recognize a classification
7-19 as a mentor teacher or a master teacher that is made in accordance with
7-20 this section regardless of which school district made the classification.
7-21 8. A classification as a mentor teacher or a master teacher is valid
7-22 for the period prescribed by the commission pursuant to section 4 of this
7-23 act. To renew such a classification, a person must submit an application
7-24 for renewal directly to the commission in a format and within the time
7-25 prescribed by the commission. The application must be accompanied by
7-26 evidence that the applicant has satisfied each requirement for the
7-27 renewal of the classification.
7-28 Sec. 7. The board of trustees of a school district may accept gifts,
7-29 grants and donations to carry out the requirements of sections 4 to 8,
7-30 inclusive, of this act and to pay the augmented salaries required by
7-31 subsections 2, 3 and 4 of NRS 391.160.
7-32 Sec. 8. 1. The commission shall submit to the legislative
7-33 committee on education created pursuant to NRS 218.5352 a written
7-34 report that describes the progress of the commission in carrying out its
7-35 duties pursuant to sections 4 to 8, inclusive, of this act and an evaluation
7-36 of the progress of each school district and each local committee on
7-37 professional standards in carrying out the requirements of those sections.
7-38 The written report must be submitted on a quarterly basis, or at such
7-39 times as the chairman of the legislative committee on education requests.
7-40 2. The board of trustees of each school district, in consultation with
7-41 the local committee on professional standards created by the board of
7-42 trustees pursuant to section 5 of this act, shall submit to the legislative
7-43 committee on education created pursuant to NRS 218.5352 a written
7-44 report that describes the progress of the school district and the local
7-45 committee in carrying out the requirements of sections 4 to 8, inclusive,
7-46 of this act and NRS 391.160 as it relates to those sections. The written
7-47 report must be submitted on a quarterly basis, or at such times as the
7-48 chairman of the legislative committee on education requests.
8-1 Sec. 9. NRS 391.160 is hereby amended to read as follows:
8-2 391.160 1. The salaries of teachers and other employees must be
8-3 determined by the character of the service required. A school district shall
8-4 not discriminate between male and female employees in the matter of
8-5 salary.
8-6 2. Each year when determining the salary of a person who is
8-7 classified as a senior teacher and who has satisfied the measurements
8-8 prescribed by the commission pursuant to subsection 3 of section 4 of
8-9 this act, a school district shall increase the salary of the senior teacher by
8-10 1.05 times the salary he would otherwise receive in 1 year for his
8-11 classification on the schedule of salaries for the school district if the
8-12 senior teacher has submitted evidence that he satisfied the
8-13 measurements. Once a senior teacher has submitted such evidence to the
8-14 school district, the school district shall retain the evidence in its records,
8-15 as applicable, for future school years. An increase in salary given in
8-16 accordance with this subsection is in addition to the senior teacher’s
8-17 classification on the schedule of salaries of the school district and any
8-18 other increase to which the senior teacher may otherwise be entitled,
8-19 including, without limitation, the increase required by subsection 5.
8-20 3. Each year when determining the salary of a person who is
8-21 classified as a mentor teacher, a school district shall:
8-22 (a) Increase the salary of the mentor teacher by 1.15 times the salary
8-23 that the mentor teacher would otherwise receive in 1 year if he were
8-24 classified as a senior teacher; and
8-25 (b) If the mentor teacher is assigned to perform additional duties
8-26 prescribed by the local committee on professional standards pursuant to
8-27 section 5 of this act, increase the augmented salary of the teacher
8-28 prescribed in paragraph (a) by $5,000 for each year that he is assigned to
8-29 perform the additional duties.
8-30 An increase in salary given in accordance with this subsection is in
8-31 addition to the mentor teacher’s classification on the schedule of salaries
8-32 of the school district and any other increase to which the mentor teacher
8-33 may otherwise be entitled, including, without limitation, the increase
8-34 required by subsection 5.
8-35 4. Each year when determining the salary of a person who is
8-36 classified as a master teacher, a school district shall:
8-37 (a) Increase the salary of the master teacher by 1.25 times the salary
8-38 that the master teacher would otherwise receive in 1 year if he were
8-39 classified as a senior teacher; and
8-40 (b) If the master teacher is assigned to perform additional duties
8-41 prescribed by the local committee on professional standards pursuant to
8-42 section 5 of this act, increase the augmented salary of the master teacher
8-43 prescribed in paragraph (a) by $10,000 for each year that he is assigned
8-44 to perform the additional duties.
8-45 An increase in salary given in accordance with this subsection is in
8-46 addition to the master teacher’s classification on the schedule of salaries
8-47 of the school district and any other increase to which the master teacher
9-1 may otherwise be entitled, including, without limitation, the increase
9-2 required by subsection 5.
9-3 5. Each year when determining the salary of a teacher who holds
9-4 certification issued by the National Board for Professional Teaching
9-5 Standards, a school district shall add 5 percent to the salary that the teacher
9-6 would otherwise receive in 1 year for his classification on the schedule of
9-7 salaries for the school district if:
9-8 (a) On or before September 15 of the school year, the teacher has
9-9 submitted evidence satisfactory to the school district of his current
9-10 certification; and
9-11 (b) The teacher is assigned by the school district to provide classroom
9-12 instruction during that school year.
9-13 No increase in salary may be given during a particular school year to a
9-14 teacher who submits evidence of certification after September 15 of that
9-15 school year. Once a teacher has submitted evidence of such certification to
9-16 the school district, the school district shall retain the evidence in its
9-17 records, as applicable, for future school years. An increase in salary given
9-18 in accordance with this subsection is in addition to any other increase to
9-19 which the teacher may otherwise be entitled.
9-20 [3.] 6. In determining the salary of a licensed teacher who is employed
9-21 by a school district after the teacher has been employed by another school
9-22 district in this state, the present employer shall, except as otherwise
9-23 provided in subsection [5:] 8:
9-24 (a) Give the teacher the same credit for previous teaching service as he
9-25 was receiving from his former employer at the end of his former
9-26 employment; [and]
9-27 (b) Give the teacher credit for his final year of service with his former
9-28 employer, if credit for that service is not included in credit given pursuant
9-29 to paragraph (a) [.] ; and
9-30 (c) Pay the teacher an increase in salary pursuant to subsection 3 or
9-31 4, as applicable, if the teacher received an augmented salary as a mentor
9-32 teacher or master teacher with his former employer. The present
9-33 employer shall pay the augmented salary for each year that the teacher
9-34 maintains valid classification as a mentor teacher or a master teacher.
9-35 This paragraph does not require a school district to pay a teacher an
9-36 increase in salary pursuant to paragraph (b) of subsection 3 or
9-37 paragraph (b) of subsection 4 if the teacher is not assigned additional
9-38 duties as a mentor teacher or a master teacher with his present employer.
9-39 [4.] 7. A school district may give the credit required by subsection [3]
9-40 6 for previous teaching service earned in another state if the commission
9-41 has approved the standards for licensing teachers of that state. The
9-42 commission shall adopt regulations that establish the criteria by which the
9-43 commission will consider the standards for licensing teachers of other
9-44 states for the purposes of this subsection. The criteria may include, without
9-45 limitation, whether the commission has authorized reciprocal licensure of
9-46 educational personnel from the state under consideration.
9-47 [5.] 8. This section does not:
10-1 (a) Require a school district to allow a teacher more credit for previous
10-2 teaching service than the maximum credit for teaching experience provided
10-3 for in the schedule of salaries established by it for its licensed personnel.
10-4 (b) Permit a school district to deny a teacher credit for his previous
10-5 teaching service on the ground that the service differs in kind from the
10-6 teaching experience for which credit is otherwise given by the school
10-7 district.
10-8 [6.] 9. As used in this section, “previous teaching service” means the
10-9 total of:
10-10 (a) Any period of teaching service for which a teacher received credit
10-11 from his former employer at the beginning of his former employment; and
10-12 (b) His period of teaching service in his former employment.
10-13 Sec. 10. NRS 391.3125 is hereby amended to read as follows:
10-14 391.3125 1. It is the intent of the legislature that a uniform system be
10-15 developed for objective evaluation of teachers and other licensed personnel
10-16 in each school district.
10-17 2. Each board, following consultation with and involvement of elected
10-18 representatives of the teachers or their designees, shall develop a policy for
10-19 objective evaluations in narrative form [.] , including, without limitation,
10-20 objective evaluations for mentor teachers who perform the additional
10-21 duties prescribed in subsection 5 of section 5 of this act and for master
10-22 teachers who perform the additional duties prescribed in subsection 5 of
10-23 section 5 of this act. The policy must set forth a means according to which
10-24 an employee’s overall performance may be determined to be satisfactory or
10-25 unsatisfactory. The policy may include an evaluation by the teacher, pupils,
10-26 administrators or other teachers , or any combination thereof. In a similar
10-27 manner, counselors, librarians and other licensed personnel must be
10-28 evaluated on forms developed specifically for their respective specialties.
10-29 A copy of the policy adopted by the board must be filed with the
10-30 department. The primary purpose of an evaluation is to provide a format
10-31 for constructive assistance. Evaluations, while not the sole criterion, must
10-32 be used in the dismissal process.
10-33 3. A conference and a written evaluation for a probationary employee
10-34 must be concluded no later than:
10-35 (a) December 1;
10-36 (b) February 1; and
10-37 (c) April 1,
10-38 of each school year of the probationary period, except that a probationary
10-39 employee assigned to a school that operates all year must be evaluated at
10-40 least three times during each 12 months of employment on a schedule
10-41 determined by the board.
10-42 4. Whenever an administrator charged with the evaluation of a
10-43 probationary employee believes the employee will not be reemployed for
10-44 the second year of the probationary period or the school year following the
10-45 probationary period, he shall bring the matter to the employee’s attention in
10-46 a written document which is separate from the evaluation no later than
10-47 February 15 of the current school year. The notice must include the reasons
10-48 for the potential decision not to reemploy or refer to the evaluation in
10-49 which the reasons are stated. Such a notice is not required if the
11-1 probationary employee has received a letter of admonition during the
11-2 current school year.
11-3 5. Each postprobationary teacher must be evaluated at least once each
11-4 year.
11-5 6. The evaluation of a probationary teacher or a postprobationary
11-6 teacher must, if necessary, include recommendations for improvements in
11-7 his performance. A reasonable effort must be made to assist the teacher to
11-8 correct any deficiencies noted in the evaluation. The teacher must receive a
11-9 copy of each evaluation not later than 15 days after the evaluation. A copy
11-10 of the evaluation and the teacher’s response must be permanently attached
11-11 to the teacher’s personnel file.
11-12 Sec. 11. 1. There is hereby appropriated from the state general fund
11-13 to the legislative committee on education the sum of $100,000 to oversee,
11-14 monitor and evaluate the progress of the commission on professional
11-15 standards in education and the local committees on professional standards
11-16 created pursuant to section 5 of this act in prescribing criteria and
11-17 qualifications and otherwise carrying out the provisions of this act.
11-18 2. Any remaining balance of the appropriation made by subsection 1
11-19 must not be committed for expenditure after June 30, 2003, and reverts to
11-20 the state general fund as soon as all payments of money committed have
11-21 been made.
11-22 Sec. 12. 1. There is hereby appropriated from the state general fund
11-23 to the interim finance committee the sum of $250,000 for distribution to
11-24 school districts, upon the recommendation of the legislative committee on
11-25 education, to carry out the provisions of this act.
11-26 2. Any remaining balance of the appropriation made by subsection 1
11-27 must not be committed for expenditure after June 30, 2003, and reverts to
11-28 the state general fund as soon as all payments of money committed have
11-29 been made.
11-30 Sec. 13. 1. In adopting regulations pursuant to section 4 of this act,
11-31 the commission on professional standards in education shall consider the
11-32 adoption of measurements for assessing the knowledge and skills of
11-33 teachers which use a framework consisting of domains that include,
11-34 without limitation, an assessment of:
11-35 (a) The teacher’s planning and preparation for classroom instruction;
11-36 (b) The classroom environment created by the teacher;
11-37 (c) The actual instruction provided by the teacher; and
11-38 (d) How the teacher carries out his professional responsibilities.
11-39 2. The commission on professional standards in education shall adopt
11-40 regulations pursuant to section 4 of this act on or before January 1, 2002.
11-41 As soon as is practicable after adopting the regulations, the commission on
11-42 professional standards in education shall provide a copy of the regulations
11-43 to the superintendent of public instruction.
11-44 3. The superintendent of public instruction shall, on or before
11-45 February 1, 2002, provide to the board of trustees of each school district a
11-46 memorandum that describes the regulations adopted by the commission on
11-47 professional standards.
12-1 Sec. 14. 1. On or before November 1, 2001, the board of trustees of
12-2 each school district shall establish a local committee on professional
12-3 standards pursuant to section 5 of this act.
12-4 2. On or before April 1, 2002, each local committee on professional
12-5 standards shall:
12-6 (a) Prescribe additional objective criteria and qualifications, in
12-7 accordance with section 5 of this act, for a person who is employed by the
12-8 school district to be classified as a mentor teacher or a master teacher; and
12-9 (b) Submit the proposed additional criteria and qualifications, if any, to
12-10 the commission on professional standards in education in accordance with
12-11 section 5 of this act.
12-12 3. The commission on professional standards in education shall review
12-13 the proposed additional criteria and qualifications submitted pursuant to
12-14 subsection 2 to determine whether the proposed criteria and qualifications
12-15 are consistent with the minimum criteria and qualifications prescribed by
12-16 the commission. The commission shall conduct the reviews in a timely
12-17 manner to ensure that each school district will have its criteria and
12-18 qualifications approved on or before September 1, 2002.
12-19 4. On or before June 1, 2002, each local committee on professional
12-20 standards shall:
12-21 (a) Prescribe the additional duties pursuant to subsection 5 of section 5
12-22 of this act which may be assigned to a mentor teacher and a master teacher;
12-23 and
12-24 (b) Submit a written summary of the additional duties to the
12-25 commission on professional standards in education.
12-26 5. Each school district shall provide a copy of:
12-27 (a) The approved criteria and qualifications prescribed by the
12-28 commission and the local committee on professional standards pursuant to
12-29 subsections 2 and 3; and
12-30 (b) The list of additional duties prescribed by the local committee
12-31 pursuant to subsection 4,
12-32 to each public school in the district for posting on or before September 1,
12-33 2002.
12-34 Sec. 15. 1. The commission on professional standards in education
12-35 shall submit its first quarterly report to the legislative committee on
12-36 education pursuant to section 8 of this act on or before November 1, 2001.
12-37 2. The board of trustees of each school district shall submit its first
12-38 quarterly report to the legislative committee on education pursuant to
12-39 section 8 of this act on or before April 1, 2002.
12-40 Sec. 16. 1. A person may first apply for classification as a mentor
12-41 teacher or a master teacher pursuant to section 6 of this act on November 1,
12-42 2002.
12-43 2. The board of trustees of each school district shall pay the augmented
12-44 salaries required by the amendatory provisions of section 9 of this act
12-45 commencing with the 2003-2004 school year.
12-46 Sec. 17. The provisions of subsection 1 of NRS 354.599 do not apply
12-47 to any additional expenses of a local government that are related to the
12-48 provisions of this act.
13-1 Sec. 18. 1. This section and sections 3, 4, 5, 7, 8, 11 to 15,
13-2 inclusive, and 17 of this act become effective on July 1, 2001.
13-3 2. Sections 1, 2, 6, 9, 10 and 16 of this act become effective on
13-4 July 1, 2002.
13-5 H