- 82nd Session (2023)
Senate Bill No. 292–Senator Pazina
CHAPTER..........
AN ACT relating to education; providing that certain principals are
employed at will; 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
school district, a principal is employed at will. Section 2 also provides that if a
principal completes the 3-year probationary period, the principal again becomes an
at-will employee if, in 2 consecutive school years: (1) the rating of the school to
which the principal is assigned pursuant to the statewide system of accountability
for public schools is reduced by one or more levels or remains at the lowest level
possible; and (2) fifty percent or more of the teachers assigned to the school request
a transfer to another school. Section 2 further provides that such a principal is
subject to nonrenewal of his or her contract on recommendation of the
superintendent of the school district.
Sections 4-10 of this bill make changes to conform with the changes made by
section 2.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. During the first 3 years of his or her employment
by a school district in the position of principal, a principal is
employed at will in that position. A principal who is reassigned
pursuant to this subsection is entitled to a written statement of the
reason for the reassignment. If the principal was previously
employed by the school district in another position and is
reassigned pursuant to this section, the principal is entitled to be
assigned to his or her former position at the rate of compensation
provided for that position.
2. A principal who completes the probationary period set
forth in NRS 391.820 by a principal is again employed at will if, in
each of 2 consecutive school years:
(a) The rating of the school to which the principal is assigned,
as determined by the Department pursuant to the statewide system
of accountability for public schools, is reduced by one or more
levels or remains at the lowest level possible; and
(b) Fifty percent or more of the teachers assigned to the school
request a transfer to another school.
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3. If the events described in paragraphs (a) and (b) of
subsection 2 occur with respect to a school for any school year:
(a) The school associate superintendent or other administrator
of the school district who oversees the school must provide
mentoring to the principal of the school; and
(b) The school district shall conduct a survey of the teachers
assigned to the school to evaluate conditions at the school and the
reasons given by teachers who requested a transfer to another
school. The results of the survey do not affect the employment
status of the principal of the school.
4. A principal described in subsection 2 is subject to
nonrenewal of his or her contract on recommendation of the
superintendent. If the contract of the principal is not renewed
pursuant to this subsection and the principal was previously
employed by the school district in another position, the principal is
entitled to be assigned to his or her former position at the rate of
compensation provided for that position.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 391.650 is hereby amended to read as follows:
391.650 As used in NRS 391.650 to 391.826, inclusive, and
section 2 of this act, unless the context otherwise requires:
1. “Administrator” means any employee who holds a license as
an administrator and who is employed in that capacity by a school
district.
2. “Board” means the board of trustees of the school district in
which a licensed employee affected by NRS 391.650 to 391.826,
inclusive, and section 2 of this act is employed.
3. “Demotion” means demotion of an administrator to a
position of lesser rank, responsibility or pay and does not include
transfer or reassignment for purposes of an administrative
reorganization.
4. “Immorality” means:
(a) An act forbidden by NRS 200.366, 200.368, 200.400,
200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265,
201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an
act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405,
inclusive, 453.560 or 453.562; or
(b) An act forbidden by NRS 201.540 or any other sexual
conduct or attempted sexual conduct with a pupil enrolled in an
elementary or secondary school. As used in this paragraph, “sexual
conduct” has the meaning ascribed to it in NRS 201.520.
5. “Postprobationary employee” means an administrator or a
teacher who has completed the probationary period as provided in
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NRS 391.820 and has been given notice of reemployment. The term
does not include a person who is deemed to be a probationary
employee pursuant to NRS 391.730.
6. “Probationary employee” means:
(a) An administrator or a teacher who is employed for the period
set forth in NRS 391.820; and
(b) A person who is deemed to be a probationary employee
pursuant to NRS 391.730.
7. “Superintendent” means the superintendent of a school
district or a person designated by the board or superintendent to act
as superintendent during the absence of the superintendent.
8. “Teacher” means a licensed employee the majority of whose
working time is devoted to the rendering of direct educational
service to pupils of a school district.
Sec. 5. NRS 391.655 is hereby amended to read as follows:
391.655 1. The demotion, suspension, dismissal and
nonreemployment provisions of NRS 391.650 to 391.826, inclusive,
and section 2 of this act do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. The admonition, demotion, suspension, dismissal and
nonreemployment provisions of NRS 391.650 to 391.800, inclusive,
do not apply to:
(a) A probationary teacher. The policy for evaluations
prescribed in NRS 391.685 and 391.725 applies to a probationary
teacher.
(b) A principal described in subsection 1 of section 2 of this act
with respect to his or her employment as a principal.
(c) A principal who is employed at will pursuant to subsection
2 of section 2 of this act.
(d) A new employee who is employed as a probationary
administrator primarily to provide administrative services at the
school level and not primarily to provide direct instructional
services to pupils, regardless of whether licensed as a teacher or
administrator, including, without limitation, a principal and vice
principal. [The]
Insofar as the policy is consistent with the provisions of section
2 of this act, the policy for evaluations prescribed in NRS 391.700
and 391.725 applies to [such a probationary] any administrator [.]
described in this subsection.
3. The admonition, demotion and suspension provisions of
NRS 391.650 to 391.800, inclusive, do not apply to a
postprobationary teacher who is employed as a probationary
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administrator primarily to provide administrative services at the
school level and not primarily to provide direct instructional
services to pupils, regardless of whether licensed as a teacher or
administrator, including, without limitation, a principal and vice
principal, with respect to his or her employment in the
administrative position. The policy for evaluations prescribed in
NRS 391.700 and 391.725 applies to such a probationary
administrator.
4. The provisions of NRS 391.650 to 391.800, inclusive, do not
apply to a teacher whose employment is suspended or terminated
pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for
failure to maintain a license in force.
5. A licensed employee who is employed in a position fully
funded by a federal or private categorical grant or to replace another
licensed employee during that employee’s leave of absence is
employed only for the duration of the grant or leave. Such a licensed
employee and licensed employees who are employed on temporary
contracts for 90 school days or less, or its equivalent in a school
district operating under an alternative schedule authorized pursuant
to NRS 388.090, to replace licensed employees whose employment
has terminated after the beginning of the school year are entitled to
credit for that time in fulfilling any period of probation and during
that time the provisions of NRS 391.650 to 391.826, inclusive, and
section 2 of this act for demotion, suspension or dismissal apply to
them.
Sec. 6. NRS 391.660 is hereby amended to read as follows:
391.660 Excluding the provisions of NRS 391.730, and
section 2 of this act, the provisions of NRS 391.650 to 391.826,
inclusive, do not apply to a teacher [, administrator] or other
licensed employee who has entered into a contract with the board
negotiated pursuant to chapter 288 of NRS if the contract contains
separate provisions relating to the board’s right to dismiss or refuse
to reemploy the employee . [or demote an administrator.]
Sec. 7. NRS 391.700 is hereby amended to read as follows:
391.700 Except as otherwise provided in section 2 of this act:
1. Each board, following consultation with and involvement of
elected representatives of administrative personnel or their
designated representatives, shall develop an objective policy for the
objective evaluation of administrators in narrative form. The policy
must provide for the evaluation of those administrators who provide
primarily administrative services at the school level and who do not
provide primarily direct instructional services to pupils, regardless
of whether such an administrator is licensed as a teacher or
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administrator, including, without limitation, a principal and a vice
principal. The policy must also provide for the evaluation of those
administrators at the district level who provide direct supervision of
the principal of a school. The policy must comply with the statewide
performance evaluation system established by the State Board
pursuant to NRS 391.465. The policy may include an evaluation by
the administrator, superintendent, pupils or other administrators or
any combination thereof. A copy of the policy adopted by the board
must be filed with the Department and made available to the
Commission.
2. The person charged with the evaluation of an administrator
pursuant to NRS 391.705 or 391.710 shall hold a conference with
the administrator before and after each scheduled observation of the
administrator during the school year.
Sec. 8. NRS 391.730 is hereby amended to read as follows:
391.730 [A] Except as otherwise provided in section 2 of this
act, a postprobationary employee who receives an evaluation
designating his or her overall performance as:
1. Ineffective; or
2. Developing during 1 year of the 2-year consecutive period
and ineffective during the other year of the period,
for 2 consecutive school years shall be deemed to be a
probationary employee for the purposes of NRS 391.650 to 391.826,
inclusive, and section 2 of this act and must serve an additional
probationary period in accordance with the provisions of
NRS 391.820.
Sec. 9. NRS 391.775 is hereby amended to read as follows:
391.775 Except as otherwise provided in section 2 of this act:
1. At least 15 days before recommending to a board that it
demote, dismiss or not reemploy a postprobationary employee, the
superintendent shall give written notice to the employee, by
registered or certified mail, of the superintendent’s intention to
make the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the
recommendation.
(b) Inform the employee that, if a written request therefor is
directed to the superintendent within 10 days after receipt of the
notice, the employee is entitled to a hearing before a hearing officer
pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of
the employee will occur before the completion of the current school
year or if the employee is deemed to be a probationary employee
pursuant to NRS 391.730 and dismissal of the employee will occur
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before the completion of the current school year, the employee may
request an expedited hearing pursuant to subsection 3.
(c) Refer to chapter 391 of NRS.
3. If a postprobationary employee or an employee who is
deemed to be a probationary employee pursuant to NRS 391.730
receives notice that he or she will be dismissed before the
completion of the current school year, the employee may request an
expedited hearing pursuant to the Expedited Labor Arbitration
Procedures established by the American Arbitration Association or
its successor organization. If the employee elects to proceed under
the expedited procedures, the provisions of NRS 391.770, 391.785
and 391.795 do not apply.
Sec. 10. NRS 391.820 is hereby amended to read as follows:
391.820 Except as otherwise provided in section 2 of this act:
1. A probationary employee is employed on a contract basis for
three 1-year periods and has no right to employment after any of the
three probationary contract years.
2. The board shall notify each probationary employee in
writing during the first, second and third school years of the
employee’s probationary period whether the employee is to be
reemployed for the second or third year of the probationary period
or for the fourth school year as a postprobationary employee. Such
notice must be provided:
(a) On or before May 1; or
(b) On or before May 15 of an odd-numbered year so long as the
board notifies the employee of the extension by April 1.
3. Failure of the board to notify the probationary employee in
writing on or before May 1 or May 15, as applicable, in the first or
second year of the probationary period does not entitle the employee
to postprobationary status.
4. The employee must advise the board in writing during the
first, second or third year of the employee’s probationary period of
the employee’s acceptance of reemployment. Such notice must be
provided:
(a) On or before May 10 if the board provided its notice on or
before May 1; or
(b) On or before May 25 if the board provided a notice of an
extension pursuant to paragraph (b) of subsection 2.
5. If a probationary employee is assigned to a school that
operates all year, the board shall notify the employee in writing, in
the first, second and third years of the employee’s probationary
period, no later than 45 days before his or her last day of work for
the year under his or her contract whether the employee is to be
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reemployed for the second or third year of the probationary period
or for the fourth school year as a postprobationary employee. Failure
of the board to notify a probationary employee in writing within the
prescribed period in the first or second year of the probationary
period does not entitle the employee to postprobationary status. The
employee must advise the board in writing within 10 days after the
date of notification of his or her acceptance or rejection of
reemployment for another year. Failure to advise the board of the
employee’s acceptance of reemployment pursuant to this subsection
constitutes rejection of the contract.
6. A probationary employee who:
(a) Completes a 3-year probationary period;
(b) Receives a designation of “highly effective” or “effective”
on each of his or her performance evaluations for 2 consecutive
school years; and
(c) Receives a notice of reemployment from the school district
in the third year of the employee’s probationary period,
is entitled to be a postprobationary employee in the ensuing year
of employment.
7. If a probationary employee is notified that the employee will
not be reemployed for the school year following the 3-year
probationary period, his or her employment ends on the last day of
the current school year. The notice that the employee will not be
reemployed must include a statement of the reasons for that
decision.
8. A new employee who is employed as an administrator to
provide primarily administrative services at the school level and
who does not provide primarily direct instructional services to
pupils, regardless of whether the administrator is licensed as a
teacher or administrator, including, without limitation, a principal
and vice principal, or a postprobationary teacher who is employed as
an administrator to provide those administrative services shall be
deemed to be a probationary employee for the purposes of this
section and must serve a 3-year probationary period as an
administrator in accordance with the provisions of this section. If:
(a) A postprobationary teacher who is an administrator is not
reemployed as an administrator after any year of his or her
probationary period; and
(b) There is a position as a teacher available for the ensuing
school year in the school district in which the person is employed,
the board of trustees of the school district shall, on or before
May 1 or May 15, as applicable, offer the person a contract as a
teacher for the ensuing school year. The person may accept the
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contract in writing on or before May 10 or May 25, as applicable. If
the person fails to accept the contract as a teacher, the person shall
be deemed to have rejected the offer of a contract as a teacher.
9. An administrator who has completed his or her probationary
period pursuant to subsection 8 and is thereafter promoted to the
position of principal must serve an additional probationary period of
1 year in the position of principal. If an administrator is promoted to
the position of principal before completion of his or her
probationary period pursuant to subsection 8, the administrator must
serve the remainder of his or her probationary period pursuant to
subsection 8 or an additional probationary period of 1 year in the
position of principal, whichever is longer. If the administrator
serving the additional probationary period is not reemployed as a
principal after the expiration of the probationary period or additional
probationary period, as applicable, the board of trustees of the
school district in which the person is employed shall, on or before
May 1 or May 15, as applicable, offer the person a contract for
the ensuing school year for the administrative position in which the
person attained postprobationary status. The person may accept the
contract in writing on or before May 10 or May 25, as applicable. If
the person fails to accept such a contract, the person shall be deemed
to have rejected the offer of employment.
Sec. 11. Insofar as they conflict with the provisions of such an
agreement, the amendatory provisions of this act do not apply
during the current term of any contract of employment or collective
bargaining agreement entered into before July 1, 2023, but do apply
to any extension or renewal of such an agreement and to any
agreement entered into on or after July 1, 2023. For the purposes of
this section, the term of an agreement ends on the date provided in
the agreement, notwithstanding any provision of the agreement that
it remains in effect, in whole or in part, after that date until a
successor agreement becomes effective.
Sec. 12. This act becomes effective on July 1, 2023.
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