Senate Bill No. 243–Committee on Human
Resources and Facilities

 

CHAPTER..........

 

AN ACT relating to public schools; revising provisions governing the reemployment of employees of a charter school by a school district; 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 386.595 is hereby amended to read as follows:

   386.595  1.  Except as otherwise provided in this subsection and

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

 entered into by the board of trustees of the school district in which the

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

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

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

 recognition as a bargaining unit pursuant to NRS 288.160.

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

 collective bargaining agreement that controls the:

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

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

 school district;

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

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

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

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

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

 collective bargaining agreement, the teacher must be compensated for the

 additional hours or days in an amount calculated by prorating the salary

 for the teacher that is set forth in the collective bargaining agreement.

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

 the board of trustees of the school district and other persons who entered

 into the collective bargaining agreement grant a waiver from specific

 provisions of the collective bargaining agreement for the teacher or

 governing body.

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

 employees.

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

 decisions with regard to its employees pursuant to NRS 391.311 to

 391.3197, inclusive, unless the applicable collective bargaining agreement

 contains separate provisions relating to the discipline of licensed

 employees of a school.

   6.  [If] Except as otherwise provided in this subsection, if the written

 charter of a charter school is revoked[,] or if a charter school ceases to

 operate as a charter school, the employees of the charter school must be

 reassigned to employment within the school district in accordance with the

 applicable collective bargaining agreement. A school district is not

 required to reassign an employee of a charter school pursuant to this

 subsection if the employee:

   (a) Was not granted a leave of absence by the school district to teach

at the charter school pursuant to subsection 7; or

   (b) Was granted a leave of absence by the school district and did not

 submit a written request to return to employment with the school district

 in accordance with subsection 7.

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

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

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

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

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

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

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

 written request to the board of trustees to return to a comparable teaching

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

 employee shall either submit a written request to return to a comparable

 teaching position or resign from the position for which his leave was

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

 comparable position pursuant to this subsection even if the return of the

 employee requires the board of trustees to reduce the existing work force

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

 return to a teaching position submitted pursuant to this subsection be

 submitted at least 90 days before the employee would otherwise be

 required to report to duty.

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

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

 for which he would otherwise be entitled, including, without limitation,

 participation in the public employees’ retirement system and accrual of

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

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

 not count toward the acquisition of permanent status with the school

 district.

   9.  Upon the return of a teacher to employment in the school district, he

 is entitled to the same level of retirement, salary and any other benefits to

 which he would otherwise be entitled if he had not taken a leave of

 absence to teach in a charter school.

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

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

 eligible for employment in a public school, including, without limitation,

 participation in the public employees’ retirement system.

   11.  For all employees of a charter school:

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

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

 determine the appropriate levels of contribution required of the employee

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

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

 that exceeds the compensation that he would have received if he were

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

 calculating future retirement benefits of the employee.

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

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

governing body of the charter school may negotiate with the board of

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

 trustees offers to its employees. If the employees of the charter school

 participate in the plan of group insurance managed by the board of

 trustees, the governing body of the charter school shall:

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

 trustees; and

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

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

 the employees of the charter school.

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

 

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