(REPRINTED WITH ADOPTED AMENDMENTS)

 

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

 

(On Behalf of Clark County School District)

 

February 26, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes concerning charter schools. (BDR 34‑348)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

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

 

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:

 

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.

1-18  If a teacher works more than the number of hours or days prescribed in the

1-19  collective bargaining agreement, the teacher must be compensated for the

2-1  additional hours or days in an amount calculated by prorating the salary for

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

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

2-4  the board of trustees of the school district and other persons who entered

2-5  into the collective bargaining agreement grant a waiver from specific

2-6  provisions of the collective bargaining agreement for the teacher or

2-7  governing body.

2-8    4.  All employees of a charter school shall be deemed public

2-9  employees.

2-10    5.  The governing body of a charter school may make all employment

2-11  decisions with regard to its employees pursuant to NRS 391.311 to

2-12  391.3197, inclusive, unless the applicable collective bargaining agreement

2-13  contains separate provisions relating to the discipline of licensed

2-14  employees of a school.

2-15    6.  [If] Except as otherwise provided in this subsection, if the written

2-16  charter of a charter school is revoked[,] or if a charter school ceases to

2-17  operate as a charter school, the employees of the charter school must be

2-18  reassigned to employment within the school district in accordance with the

2-19  applicable collective bargaining agreement. A school district is not

2-20  required to reassign an employee of a charter school pursuant to this

2-21  subsection if the employee:

2-22    (a) Was not granted a leave of absence by the school district to teach

2-23  at the charter school pursuant to subsection 7; or

2-24    (b) Was granted a leave of absence by the school district and did not

2-25  submit a written request to return to employment with the school district

2-26  in accordance with subsection 7.

2-27    7.  The board of trustees of a school district that is a sponsor of a

2-28  charter school shall grant a leave of absence, not to exceed 6 years, to any

2-29  employee who is employed by the board of trustees who requests such a

2-30  leave of absence to accept employment with the charter school. After the

2-31  first school year in which an employee is on a leave of absence, he may

2-32  return to his former teaching position with the board of trustees. After the

2-33  third school year, an employee who is on a leave of absence may submit a

2-34  written request to the board of trustees to return to a comparable teaching

2-35  position with the board of trustees. After the sixth school year, an

2-36  employee shall either submit a written request to return to a comparable

2-37  teaching position or resign from the position for which his leave was

2-38  granted. The board of trustees shall grant a written request to return to a

2-39  comparable position pursuant to this subsection even if the return of the

2-40  employee requires the board of trustees to reduce the existing work force of

2-41  the school district. The board of trustees may require that a request to

2-42  return to a teaching position submitted pursuant to this subsection be

2-43  submitted at least 90 days before the employee would otherwise be

2-44  required to report to duty.

2-45    8.  An employee who is on a leave of absence from a school district

2-46  pursuant to this section shall contribute to and be eligible for all benefits

2-47  for which he would otherwise be entitled, including, without limitation,

2-48  participation in the public employees’ retirement system and accrual of

2-49  time for the purposes of leave and retirement. The time during which such

3-1  an employee is on leave of absence and employed in a charter school does

3-2  not count toward the acquisition of permanent status with the school

3-3  district.

3-4    9.  Upon the return of a teacher to employment in the school district, he

3-5  is entitled to the same level of retirement, salary and any other benefits to

3-6  which he would otherwise be entitled if he had not taken a leave of absence

3-7  to teach in a charter school.

3-8    10.  An employee of a charter school who is not on a leave of absence

3-9  from a school district is eligible for all benefits for which he would be

3-10  eligible for employment in a public school, including, without limitation,

3-11  participation in the public employees’ retirement system.

3-12    11.  For all employees of a charter school:

3-13    (a) The compensation that a teacher or other school employee would

3-14  have received if he were employed by the school district must be used to

3-15  determine the appropriate levels of contribution required of the employee

3-16  and employer for purposes of the public employees’ retirement system.

3-17    (b) The compensation that is paid to a teacher or other school employee

3-18  that exceeds the compensation that he would have received if he were

3-19  employed by the school district must not be included for the purposes of

3-20  calculating future retirement benefits of the employee.

3-21    12.  If the board of trustees of a school district in which a charter

3-22  school is located manages a plan of group insurance for its employees, the

3-23  governing body of the charter school may negotiate with the board of

3-24  trustees to participate in the same plan of group insurance that the board of

3-25  trustees offers to its employees. If the employees of the charter school

3-26  participate in the plan of group insurance managed by the board of trustees,

3-27  the governing body of the charter school shall:

3-28    (a) Ensure that the premiums for that insurance are paid to the board of

3-29  trustees; and

3-30    (b) Provide, upon the request of the board of trustees, all information

3-31  that is necessary for the board of trustees to provide the group insurance to

3-32  the employees of the charter school.

3-33    Sec. 2.  This act becomes effective on July 1, 2001.

 

3-34  H