S.B. 292
- *SB292*
SENATE BILL NO. 292–SENATOR PAZINA
MARCH 15, 2023
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Referred to Committee on Education
SUMMARY—Revises provisions relating to school administrators.
(BDR 34-554)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to education; providing that certain principals are
employed at will; requiring certain postprobationary
school administrators to apply for reappointment to their
administrative positions; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Section 2 of this bill provides that during the first 3 years of employment by a 1
school district, a principal is employed at will. Section 2 also provides that if a 2
principal completes the 3-year probationary period, the principal again becomes an 3
at-will employee if, in 2 consecutive school years: (1) the rating of the school to 4
which the principal is assigned pursuant to the statewide system of accountability 5
for public schools is reduced by one or more levels; and (2) fifty percent or more of 6
the teachers assigned to the school request a transfer to another school. Section 2 7
further provides that such a principal is subject to immediate dismissal by the board 8
of trustees of the school district on recommendation of the superintendent of the 9
school district. 10
Section 3 of this bill provides that a postprobationary administrator, other than 11
certain principals or administrators who may be members of a separate bargaining 12
unit, must apply to the superintendent of the school district for reappointment to the 13
administrative position every 5 years. 14
Sections 4-10 of this bill make changes to conform with the changes made by 15
sections 2 and 3. 16
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 and 3 of this act. 2
Sec. 2. 1. During the first 3 years of his or her employment 3
by a school district in the position of principal, a principal is 4
employed at will in that position. A principal who is reassigned 5
pursuant to this subsection is entitled to a written statement of the 6
reason for the reassignment. If the principal was previously 7
employed by the school district in another position and is 8
reassigned pursuant to this section, the principal is entitled to be 9
assigned to his or her former position at the rate of compensation 10
provided for that position. 11
2. A principal who completes the probationary period set 12
forth in NRS 391.820 by a principal is again employed at will if, in 13
each of 2 consecutive school years: 14
(a) The rating of the school to which the principal is assigned, 15
as determined by the Department pursuant to the statewide system 16
of accountability for public schools, is reduced by one or more 17
levels; and 18
(b) Fifty percent or more of the teachers assigned to the school 19
request a transfer to another school. 20
3. If the events described in paragraphs (a) and (b) of 21
subsection 2 occur with respect to a school for any school year, the 22
school district shall conduct a survey of the teachers assigned to 23
the school to evaluate conditions at the school and the reasons 24
given by teachers who requested a transfer to another school. The 25
results of the survey do not affect the employment status of the 26
principal of the school. 27
4. A principal described in subsection 2 is subject to 28
immediate dismissal by the board of trustees of the school district 29
on recommendation of the superintendent and is entitled, on 30
dismissal, to a written statement of the reasons for dismissal. 31
Sec. 3. 1. Each postprobationary administrator employed 32
by a school district, except a principal, assistant principal or other 33
school administrator, school district administrator or central office 34
administrator below the rank of superintendent, associate 35
superintendent or assistant superintendent who may be a member 36
of a separate bargaining unit pursuant to NRS 288.170, must 37
apply to the superintendent for reappointment to his or her 38
administrative position every 5 years. 39
2. If an administrator is not reappointed to his or her 40
administrative position pursuant to this section and was previously 41
employed by the school district in another position, the 42
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administrator is entitled to be assigned to his or her former 1
position at the rate of compensation provided for that position. 2
Sec. 4. NRS 391.650 is hereby amended to read as follows: 3
391.650 As used in NRS 391.650 to 391.826, inclusive, and 4
sections 2 and 3 of this act, unless the context otherwise requires: 5
1. “Administrator” means any employee who holds a license as 6
an administrator and who is employed in that capacity by a school 7
district. 8
2. “Board” means the board of trustees of the school district in 9
which a licensed employee affected by NRS 391.650 to 391.826, 10
inclusive, and sections 2 and 3 of this act is employed. 11
3. “Demotion” means demotion of an administrator to a 12
position of lesser rank, responsibility or pay and does not include 13
transfer or reassignment for purposes of an administrative 14
reorganization. 15
4. “Immorality” means: 16
(a) An act forbidden by NRS 200.366, 200.368, 200.400, 17
200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 18
201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an 19
act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, 20
inclusive, 453.560 or 453.562; or 21
(b) An act forbidden by NRS 201.540 or any other sexual 22
conduct or attempted sexual conduct with a pupil enrolled in an 23
elementary or secondary school. As used in this paragraph, “sexual 24
conduct” has the meaning ascribed to it in NRS 201.520. 25
5. “Postprobationary employee” means an administrator or a 26
teacher who has completed the probationary period as provided in 27
NRS 391.820 and has been given notice of reemployment. The term 28
does not include a person who is deemed to be a probationary 29
employee pursuant to NRS 391.730. 30
6. “Probationary employee” means: 31
(a) An administrator or a teacher who is employed for the period 32
set forth in NRS 391.820; and 33
(b) A person who is deemed to be a probationary employee 34
pursuant to NRS 391.730. 35
7. “Superintendent” means the superintendent of a school 36
district or a person designated by the board or superintendent to act 37
as superintendent during the absence of the superintendent. 38
8. “Teacher” means a licensed employee the majority of whose 39
working time is devoted to the rendering of direct educational 40
service to pupils of a school district. 41
Sec. 5. NRS 391.655 is hereby amended to read as follows: 42
391.655 1. The demotion, suspension, dismissal and 43
nonreemployment provisions of NRS 391.650 to 391.826, inclusive, 44
and sections 2 and 3 of this act do not apply to: 45
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(a) Substitute teachers; or 1
(b) Adult education teachers. 2
2. The admonition, demotion, suspension, dismissal and 3
nonreemployment provisions of NRS 391.650 to 391.800, inclusive, 4
do not apply to: 5
(a) A probationary teacher. The policy for evaluations 6
prescribed in NRS 391.685 and 391.725 applies to a probationary 7
teacher. 8
(b) A principal described in subsection 1 of section 2 of this act 9
with respect to his or her employment as a principal. 10
(c) A principal who is employed at will pursuant to subsection 11
2 of section 2 of this act. 12
(d) An administrator described in subsection 2 of section 3 of 13
this act. 14
(e) A new employee who is employed as a probationary 15
administrator primarily to provide administrative services at the 16
school level and not primarily to provide direct instructional 17
services to pupils, regardless of whether licensed as a teacher or 18
administrator, including, without limitation, a principal and vice 19
principal. [The] 20
Insofar as the policy is consistent with the provisions of sections 21
2 and 3 of this act, the policy for evaluations prescribed in NRS 22
391.700 and 391.725 applies to [such a probationary] any 23
administrator [.] described in this subsection. 24
3. The admonition, demotion and suspension provisions of 25
NRS 391.650 to 391.800, inclusive, do not apply to a 26
postprobationary teacher who is employed as a probationary 27
administrator primarily to provide administrative services at the 28
school level and not primarily to provide direct instructional 29
services to pupils, regardless of whether licensed as a teacher or 30
administrator, including, without limitation, a principal and vice 31
principal, with respect to his or her employment in the 32
administrative position. The policy for evaluations prescribed in 33
NRS 391.700 and 391.725 applies to such a probationary 34
administrator. 35
4. The provisions of NRS 391.650 to 391.800, inclusive, do not 36
apply to a teacher whose employment is suspended or terminated 37
pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for 38
failure to maintain a license in force. 39
5. A licensed employee who is employed in a position fully 40
funded by a federal or private categorical grant or to replace another 41
licensed employee during that employee’s leave of absence is 42
employed only for the duration of the grant or leave. Such a licensed 43
employee and licensed employees who are employed on temporary 44
contracts for 90 school days or less, or its equivalent in a school 45
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district operating under an alternative schedule authorized pursuant 1
to NRS 388.090, to replace licensed employees whose employment 2
has terminated after the beginning of the school year are entitled to 3
credit for that time in fulfilling any period of probation and during 4
that time the provisions of NRS 391.650 to 391.826, inclusive, and 5
sections 2 and 3 of this act for demotion, suspension or dismissal 6
apply to them. 7
Sec. 6. NRS 391.660 is hereby amended to read as follows: 8
391.660 Excluding the provisions of NRS 391.730, and 9
sections 2 and 3 of this act, the provisions of NRS 391.650 to 10
391.826, inclusive, do not apply to a teacher [, administrator] or 11
other licensed employee who has entered into a contract with the 12
board negotiated pursuant to chapter 288 of NRS if the contract 13
contains separate provisions relating to the board’s right to dismiss 14
or refuse to reemploy the employee . [or demote an administrator.] 15
Sec. 7. NRS 391.700 is hereby amended to read as follows: 16
391.700 Except as otherwise provided in sections 2 and 3 of 17
this act: 18
1. Each board, following consultation with and involvement of 19
elected representatives of administrative personnel or their 20
designated representatives, shall develop an objective policy for the 21
objective evaluation of administrators in narrative form. The policy 22
must provide for the evaluation of those administrators who provide 23
primarily administrative services at the school level and who do not 24
provide primarily direct instructional services to pupils, regardless 25
of whether such an administrator is licensed as a teacher or 26
administrator, including, without limitation, a principal and a vice 27
principal. The policy must also provide for the evaluation of those 28
administrators at the district level who provide direct supervision of 29
the principal of a school. The policy must comply with the statewide 30
performance evaluation system established by the State Board 31
pursuant to NRS 391.465. The policy may include an evaluation by 32
the administrator, superintendent, pupils or other administrators or 33
any combination thereof. A copy of the policy adopted by the board 34
must be filed with the Department and made available to the 35
Commission. 36
2. The person charged with the evaluation of an administrator 37
pursuant to NRS 391.705 or 391.710 shall hold a conference with 38
the administrator before and after each scheduled observation of the 39
administrator during the school year. 40
Sec. 8. NRS 391.730 is hereby amended to read as follows: 41
391.730 [A] Except as otherwise provided in section 2 of this 42
act, a postprobationary employee who receives an evaluation 43
designating his or her overall performance as: 44
1. Ineffective; or 45
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2. Developing during 1 year of the 2-year consecutive period 1
and ineffective during the other year of the period, 2
for 2 consecutive school years shall be deemed to be a 3
probationary employee for the purposes of NRS 391.650 to 391.826, 4
inclusive, and sections 2 and 3 of this act and must serve an 5
additional probationary period in accordance with the provisions of 6
NRS 391.820. 7
Sec. 9. NRS 391.775 is hereby amended to read as follows: 8
391.775 Except as otherwise provided in sections 2 and 3 of 9
this act: 10
1. At least 15 days before recommending to a board that it 11
demote, dismiss or not reemploy a postprobationary employee, the 12
superintendent shall give written notice to the employee, by 13
registered or certified mail, of the superintendent’s intention to 14
make the recommendation. 15
2. The notice must: 16
(a) Inform the licensed employee of the grounds for the 17
recommendation. 18
(b) Inform the employee that, if a written request therefor is 19
directed to the superintendent within 10 days after receipt of the 20
notice, the employee is entitled to a hearing before a hearing officer 21
pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of 22
the employee will occur before the completion of the current school 23
year or if the employee is deemed to be a probationary employee 24
pursuant to NRS 391.730 and dismissal of the employee will occur 25
before the completion of the current school year, the employee may 26
request an expedited hearing pursuant to subsection 3. 27
(c) Refer to chapter 391 of NRS. 28
3. If a postprobationary employee or an employee who is 29
deemed to be a probationary employee pursuant to NRS 391.730 30
receives notice that he or she will be dismissed before the 31
completion of the current school year, the employee may request an 32
expedited hearing pursuant to the Expedited Labor Arbitration 33
Procedures established by the American Arbitration Association or 34
its successor organization. If the employee elects to proceed under 35
the expedited procedures, the provisions of NRS 391.770, 391.785 36
and 391.795 do not apply. 37
Sec. 10. NRS 391.820 is hereby amended to read as follows: 38
391.820 Except as otherwise provided in sections 2 and 3 of 39
this act: 40
1. A probationary employee is employed on a contract basis for 41
three 1-year periods and has no right to employment after any of the 42
three probationary contract years. 43
2. The board shall notify each probationary employee in 44
writing during the first, second and third school years of the 45
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employee’s probationary period whether the employee is to be 1
reemployed for the second or third year of the probationary period 2
or for the fourth school year as a postprobationary employee. Such 3
notice must be provided: 4
(a) On or before May 1; or 5
(b) On or before May 15 of an odd-numbered year so long as the 6
board notifies the employee of the extension by April 1. 7
3. Failure of the board to notify the probationary employee in 8
writing on or before May 1 or May 15, as applicable, in the first or 9
second year of the probationary period does not entitle the employee 10
to postprobationary status. 11
4. The employee must advise the board in writing during the 12
first, second or third year of the employee’s probationary period of 13
the employee’s acceptance of reemployment. Such notice must be 14
provided: 15
(a) On or before May 10 if the board provided its notice on or 16
before May 1; or 17
(b) On or before May 25 if the board provided a notice of an 18
extension pursuant to paragraph (b) of subsection 2. 19
5. If a probationary employee is assigned to a school that 20
operates all year, the board shall notify the employee in writing, in 21
the first, second and third years of the employee’s probationary 22
period, no later than 45 days before his or her last day of work for 23
the year under his or her contract whether the employee is to be 24
reemployed for the second or third year of the probationary period 25
or for the fourth school year as a postprobationary employee. Failure 26
of the board to notify a probationary employee in writing within the 27
prescribed period in the first or second year of the probationary 28
period does not entitle the employee to postprobationary status. The 29
employee must advise the board in writing within 10 days after the 30
date of notification of his or her acceptance or rejection of 31
reemployment for another year. Failure to advise the board of the 32
employee’s acceptance of reemployment pursuant to this subsection 33
constitutes rejection of the contract. 34
6. A probationary employee who: 35
(a) Completes a 3-year probationary period; 36
(b) Receives a designation of “highly effective” or “effective” 37
on each of his or her performance evaluations for 2 consecutive 38
school years; and 39
(c) Receives a notice of reemployment from the school district 40
in the third year of the employee’s probationary period, 41
is entitled to be a postprobationary employee in the ensuing year 42
of employment. 43
7. If a probationary employee is notified that the employee will 44
not be reemployed for the school year following the 3-year 45
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probationary period, his or her employment ends on the last day of 1
the current school year. The notice that the employee will not be 2
reemployed must include a statement of the reasons for that 3
decision. 4
8. A new employee who is employed as an administrator to 5
provide primarily administrative services at the school level and 6
who does not provide primarily direct instructional services to 7
pupils, regardless of whether the administrator is licensed as a 8
teacher or administrator, including, without limitation, a principal 9
and vice principal, or a postprobationary teacher who is employed as 10
an administrator to provide those administrative services shall be 11
deemed to be a probationary employee for the purposes of this 12
section and must serve a 3-year probationary period as an 13
administrator in accordance with the provisions of this section. If: 14
(a) A postprobationary teacher who is an administrator is not 15
reemployed as an administrator after any year of his or her 16
probationary period; and 17
(b) There is a position as a teacher available for the ensuing 18
school year in the school district in which the person is employed, 19
the board of trustees of the school district shall, on or before 20
May 1 or May 15, as applicable, offer the person a contract as a 21
teacher for the ensuing school year. The person may accept the 22
contract in writing on or before May 10 or May 25, as applicable. If 23
the person fails to accept the contract as a teacher, the person shall 24
be deemed to have rejected the offer of a contract as a teacher. 25
9. An administrator who has completed his or her probationary 26
period pursuant to subsection 8 and is thereafter promoted to the 27
position of principal must serve an additional probationary period of 28
1 year in the position of principal. If an administrator is promoted to 29
the position of principal before completion of his or her 30
probationary period pursuant to subsection 8, the administrator must 31
serve the remainder of his or her probationary period pursuant to 32
subsection 8 or an additional probationary period of 1 year in the 33
position of principal, whichever is longer. If the administrator 34
serving the additional probationary period is not reemployed as a 35
principal after the expiration of the probationary period or additional 36
probationary period, as applicable, the board of trustees of the 37
school district in which the person is employed shall, on or before 38
May 1 or May 15, as applicable, offer the person a contract for 39
the ensuing school year for the administrative position in which the 40
person attained postprobationary status. The person may accept the 41
contract in writing on or before May 10 or May 25, as applicable. If 42
the person fails to accept such a contract, the person shall be deemed 43
to have rejected the offer of employment. 44
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Sec. 11. Insofar as they conflict with the provisions of such an 1
agreement, the amendatory provisions of this act do not apply 2
during the current term of any contract of employment or collective 3
bargaining agreement entered into before July 1, 2023, but do apply 4
to any extension or renewal of such an agreement and to any 5
agreement entered into on or after July 1, 2023. For the purposes of 6
this section, the term of an agreement ends on the date provided in 7
the agreement, notwithstanding any provision of the agreement that 8
it remains in effect, in whole or in part, after that date until a 9
successor agreement becomes effective. 10
Sec. 12. This act becomes effective on July 1, 2023. 11
H