Nevada 2023 Regular Session

Nevada Senate Bill SB292 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 292–Senator Pazina
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to education; providing that certain principals are
9	9	employed at will; and providing other matters properly
10	10	relating thereto.
11	11	Legislative Counsel’s Digest:
12	12	Section 2 of this bill provides that during the first 3 years of employment by a
13	13	school district, a principal is employed at will. Section 2 also provides that if a
14	14	principal completes the 3-year probationary period, the principal again becomes an
15	15	at-will employee if, in 2 consecutive school years: (1) the rating of the school to
16	16	which the principal is assigned pursuant to the statewide system of accountability
17	17	for public schools is reduced by one or more levels or remains at the lowest level
18	18	possible; and (2) fifty percent or more of the teachers assigned to the school request
19	19	a transfer to another school. Section 2 further provides that such a principal is
20	20	subject to nonrenewal of his or her contract on recommendation of the
21	21	superintendent of the school district.
22	22	Sections 4-10 of this bill make changes to conform with the changes made by
23	23	section 2.
24	24
25	25	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
26	26
27	27
28	28	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
29	29	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
30	30
31	31	Section 1. Chapter 391 of NRS is hereby amended by adding
32	32	thereto the provisions set forth as sections 2 and 3 of this act.
33	33	Sec. 2. 1. During the first 3 years of his or her employment
34	34	by a school district in the position of principal, a principal is
35	35	employed at will in that position. A principal who is reassigned
36	36	pursuant to this subsection is entitled to a written statement of the
37	37	reason for the reassignment. If the principal was previously
38	38	employed by the school district in another position and is
39	39	reassigned pursuant to this section, the principal is entitled to be
40	40	assigned to his or her former position at the rate of compensation
41	41	provided for that position.
42	42	2. A principal who completes the probationary period set
43	43	forth in NRS 391.820 by a principal is again employed at will if, in
44	44	each of 2 consecutive school years:
45	45	(a) The rating of the school to which the principal is assigned,
46	46	as determined by the Department pursuant to the statewide system
47	47	of accountability for public schools, is reduced by one or more
48	48	levels or remains at the lowest level possible; and
49	49	(b) Fifty percent or more of the teachers assigned to the school
50	50	request a transfer to another school.
51	51	– 2 –
52	52
53	53
54	54	- 82nd Session (2023)
55	55	3. If the events described in paragraphs (a) and (b) of
56	56	subsection 2 occur with respect to a school for any school year:
57	57	(a) The school associate superintendent or other administrator
58	58	of the school district who oversees the school must provide
59	59	mentoring to the principal of the school; and
60	60	(b) The school district shall conduct a survey of the teachers
61	61	assigned to the school to evaluate conditions at the school and the
62	62	reasons given by teachers who requested a transfer to another
63	63	school. The results of the survey do not affect the employment
64	64	status of the principal of the school.
65	65	4. A principal described in subsection 2 is subject to
66	66	nonrenewal of his or her contract on recommendation of the
67	67	superintendent. If the contract of the principal is not renewed
68	68	pursuant to this subsection and the principal was previously
69	69	employed by the school district in another position, the principal is
70	70	entitled to be assigned to his or her former position at the rate of
71	71	compensation provided for that position.
72	72	Sec. 3. (Deleted by amendment.)
73	73	Sec. 4. NRS 391.650 is hereby amended to read as follows:
74	74	391.650 As used in NRS 391.650 to 391.826, inclusive, and
75	75	section 2 of this act, unless the context otherwise requires:
76	76	1. “Administrator” means any employee who holds a license as
77	77	an administrator and who is employed in that capacity by a school
78	78	district.
79	79	2. “Board” means the board of trustees of the school district in
80	80	which a licensed employee affected by NRS 391.650 to 391.826,
81	81	inclusive, and section 2 of this act is employed.
82	82	3. “Demotion” means demotion of an administrator to a
83	83	position of lesser rank, responsibility or pay and does not include
84	84	transfer or reassignment for purposes of an administrative
85	85	reorganization.
86	86	4. “Immorality” means:
87	87	(a) An act forbidden by NRS 200.366, 200.368, 200.400,
88	88	200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265,
89	89	201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an
90	90	act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405,
91	91	inclusive, 453.560 or 453.562; or
92	92	(b) An act forbidden by NRS 201.540 or any other sexual
93	93	conduct or attempted sexual conduct with a pupil enrolled in an
94	94	elementary or secondary school. As used in this paragraph, “sexual
95	95	conduct” has the meaning ascribed to it in NRS 201.520.
96	96	5. “Postprobationary employee” means an administrator or a
97	97	teacher who has completed the probationary period as provided in
98	98	– 3 –
99	99
100	100
101	101	- 82nd Session (2023)
102	102	NRS 391.820 and has been given notice of reemployment. The term
103	103	does not include a person who is deemed to be a probationary
104	104	employee pursuant to NRS 391.730.
105	105	6. “Probationary employee” means:
106	106	(a) An administrator or a teacher who is employed for the period
107	107	set forth in NRS 391.820; and
108	108	(b) A person who is deemed to be a probationary employee
109	109	pursuant to NRS 391.730.
110	110	7. “Superintendent” means the superintendent of a school
111	111	district or a person designated by the board or superintendent to act
112	112	as superintendent during the absence of the superintendent.
113	113	8. “Teacher” means a licensed employee the majority of whose
114	114	working time is devoted to the rendering of direct educational
115	115	service to pupils of a school district.
116	116	Sec. 5. NRS 391.655 is hereby amended to read as follows:
117	117	391.655 1. The demotion, suspension, dismissal and
118	118	nonreemployment provisions of NRS 391.650 to 391.826, inclusive,
119	119	and section 2 of this act do not apply to:
120	120	(a) Substitute teachers; or
121	121	(b) Adult education teachers.
122	122	2. The admonition, demotion, suspension, dismissal and
123	123	nonreemployment provisions of NRS 391.650 to 391.800, inclusive,
124	124	do not apply to:
125	125	(a) A probationary teacher. The policy for evaluations
126	126	prescribed in NRS 391.685 and 391.725 applies to a probationary
127	127	teacher.
128	128	(b) A principal described in subsection 1 of section 2 of this act
129	129	with respect to his or her employment as a principal.
130	130	(c) A principal who is employed at will pursuant to subsection
131	131	2 of section 2 of this act.
132	132	(d) A new employee who is employed as a probationary
133	133	administrator primarily to provide administrative services at the
134	134	school level and not primarily to provide direct instructional
135	135	services to pupils, regardless of whether licensed as a teacher or
136	136	administrator, including, without limitation, a principal and vice
137	137	principal. [The]
138	138	 Insofar as the policy is consistent with the provisions of section
139	139	2 of this act, the policy for evaluations prescribed in NRS 391.700
140	140	and 391.725 applies to [such a probationary] any administrator [.]
141	141	described in this subsection.
142	142	3. The admonition, demotion and suspension provisions of
143	143	NRS 391.650 to 391.800, inclusive, do not apply to a
144	144	postprobationary teacher who is employed as a probationary
145	145	– 4 –
146	146
147	147
148	148	- 82nd Session (2023)
149	149	administrator primarily to provide administrative services at the
150	150	school level and not primarily to provide direct instructional
151	151	services to pupils, regardless of whether licensed as a teacher or
152	152	administrator, including, without limitation, a principal and vice
153	153	principal, with respect to his or her employment in the
154	154	administrative position. The policy for evaluations prescribed in
155	155	NRS 391.700 and 391.725 applies to such a probationary
156	156	administrator.
157	157	4. The provisions of NRS 391.650 to 391.800, inclusive, do not
158	158	apply to a teacher whose employment is suspended or terminated
159	159	pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for
160	160	failure to maintain a license in force.
161	161	5. A licensed employee who is employed in a position fully
162	162	funded by a federal or private categorical grant or to replace another
163	163	licensed employee during that employee’s leave of absence is
164	164	employed only for the duration of the grant or leave. Such a licensed
165	165	employee and licensed employees who are employed on temporary
166	166	contracts for 90 school days or less, or its equivalent in a school
167	167	district operating under an alternative schedule authorized pursuant
168	168	to NRS 388.090, to replace licensed employees whose employment
169	169	has terminated after the beginning of the school year are entitled to
170	170	credit for that time in fulfilling any period of probation and during
171	171	that time the provisions of NRS 391.650 to 391.826, inclusive, and
172	172	section 2 of this act for demotion, suspension or dismissal apply to
173	173	them.
174	174	Sec. 6. NRS 391.660 is hereby amended to read as follows:
175	175	391.660 Excluding the provisions of NRS 391.730, and
176	176	section 2 of this act, the provisions of NRS 391.650 to 391.826,
177	177	inclusive, do not apply to a teacher [, administrator] or other
178	178	licensed employee who has entered into a contract with the board
179	179	negotiated pursuant to chapter 288 of NRS if the contract contains
180	180	separate provisions relating to the board’s right to dismiss or refuse
181	181	to reemploy the employee . [or demote an administrator.]
182	182	Sec. 7. NRS 391.700 is hereby amended to read as follows:
183	183	391.700 Except as otherwise provided in section 2 of this act:
184	184	1. Each board, following consultation with and involvement of
185	185	elected representatives of administrative personnel or their
186	186	designated representatives, shall develop an objective policy for the
187	187	objective evaluation of administrators in narrative form. The policy
188	188	must provide for the evaluation of those administrators who provide
189	189	primarily administrative services at the school level and who do not
190	190	provide primarily direct instructional services to pupils, regardless
191	191	of whether such an administrator is licensed as a teacher or
192	192	– 5 –
193	193
194	194
195	195	- 82nd Session (2023)
196	196	administrator, including, without limitation, a principal and a vice
197	197	principal. The policy must also provide for the evaluation of those
198	198	administrators at the district level who provide direct supervision of
199	199	the principal of a school. The policy must comply with the statewide
200	200	performance evaluation system established by the State Board
201	201	pursuant to NRS 391.465. The policy may include an evaluation by
202	202	the administrator, superintendent, pupils or other administrators or
203	203	any combination thereof. A copy of the policy adopted by the board
204	204	must be filed with the Department and made available to the
205	205	Commission.
206	206	2. The person charged with the evaluation of an administrator
207	207	pursuant to NRS 391.705 or 391.710 shall hold a conference with
208	208	the administrator before and after each scheduled observation of the
209	209	administrator during the school year.
210	210	Sec. 8. NRS 391.730 is hereby amended to read as follows:
211	211	391.730 [A] Except as otherwise provided in section 2 of this
212	212	act, a postprobationary employee who receives an evaluation
213	213	designating his or her overall performance as:
214	214	1. Ineffective; or
215	215	2. Developing during 1 year of the 2-year consecutive period
216	216	and ineffective during the other year of the period,
217	217	 for 2 consecutive school years shall be deemed to be a
218	218	probationary employee for the purposes of NRS 391.650 to 391.826,
219	219	inclusive, and section 2 of this act and must serve an additional
220	220	probationary period in accordance with the provisions of
221	221	NRS 391.820.
222	222	Sec. 9. NRS 391.775 is hereby amended to read as follows:
223	223	391.775 Except as otherwise provided in section 2 of this act:
224	224	1. At least 15 days before recommending to a board that it
225	225	demote, dismiss or not reemploy a postprobationary employee, the
226	226	superintendent shall give written notice to the employee, by
227	227	registered or certified mail, of the superintendent’s intention to
228	228	make the recommendation.
229	229	2. The notice must:
230	230	(a) Inform the licensed employee of the grounds for the
231	231	recommendation.
232	232	(b) Inform the employee that, if a written request therefor is
233	233	directed to the superintendent within 10 days after receipt of the
234	234	notice, the employee is entitled to a hearing before a hearing officer
235	235	pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of
236	236	the employee will occur before the completion of the current school
237	237	year or if the employee is deemed to be a probationary employee
238	238	pursuant to NRS 391.730 and dismissal of the employee will occur
239	239	– 6 –
240	240
241	241
242	242	- 82nd Session (2023)
243	243	before the completion of the current school year, the employee may
244	244	request an expedited hearing pursuant to subsection 3.
245	245	(c) Refer to chapter 391 of NRS.
246	246	3. If a postprobationary employee or an employee who is
247	247	deemed to be a probationary employee pursuant to NRS 391.730
248	248	receives notice that he or she will be dismissed before the
249	249	completion of the current school year, the employee may request an
250	250	expedited hearing pursuant to the Expedited Labor Arbitration
251	251	Procedures established by the American Arbitration Association or
252	252	its successor organization. If the employee elects to proceed under
253	253	the expedited procedures, the provisions of NRS 391.770, 391.785
254	254	and 391.795 do not apply.
255	255	Sec. 10. NRS 391.820 is hereby amended to read as follows:
256	256	391.820 Except as otherwise provided in section 2 of this act:
257	257	1. A probationary employee is employed on a contract basis for
258	258	three 1-year periods and has no right to employment after any of the
259	259	three probationary contract years.
260	260	2. The board shall notify each probationary employee in
261	261	writing during the first, second and third school years of the
262	262	employee’s probationary period whether the employee is to be
263	263	reemployed for the second or third year of the probationary period
264	264	or for the fourth school year as a postprobationary employee. Such
265	265	notice must be provided:
266	266	(a) On or before May 1; or
267	267	(b) On or before May 15 of an odd-numbered year so long as the
268	268	board notifies the employee of the extension by April 1.
269	269	3. Failure of the board to notify the probationary employee in
270	270	writing on or before May 1 or May 15, as applicable, in the first or
271	271	second year of the probationary period does not entitle the employee
272	272	to postprobationary status.
273	273	4. The employee must advise the board in writing during the
274	274	first, second or third year of the employee’s probationary period of
275	275	the employee’s acceptance of reemployment. Such notice must be
276	276	provided:
277	277	(a) On or before May 10 if the board provided its notice on or
278	278	before May 1; or
279	279	(b) On or before May 25 if the board provided a notice of an
280	280	extension pursuant to paragraph (b) of subsection 2.
281	281	5. If a probationary employee is assigned to a school that
282	282	operates all year, the board shall notify the employee in writing, in
283	283	the first, second and third years of the employee’s probationary
284	284	period, no later than 45 days before his or her last day of work for
285	285	the year under his or her contract whether the employee is to be
286	286	– 7 –
287	287
288	288
289	289	- 82nd Session (2023)
290	290	reemployed for the second or third year of the probationary period
291	291	or for the fourth school year as a postprobationary employee. Failure
292	292	of the board to notify a probationary employee in writing within the
293	293	prescribed period in the first or second year of the probationary
294	294	period does not entitle the employee to postprobationary status. The
295	295	employee must advise the board in writing within 10 days after the
296	296	date of notification of his or her acceptance or rejection of
297	297	reemployment for another year. Failure to advise the board of the
298	298	employee’s acceptance of reemployment pursuant to this subsection
299	299	constitutes rejection of the contract.
300	300	6. A probationary employee who:
301	301	(a) Completes a 3-year probationary period;
302	302	(b) Receives a designation of “highly effective” or “effective”
303	303	on each of his or her performance evaluations for 2 consecutive
304	304	school years; and
305	305	(c) Receives a notice of reemployment from the school district
306	306	in the third year of the employee’s probationary period,
307	307	 is entitled to be a postprobationary employee in the ensuing year
308	308	of employment.
309	309	7. If a probationary employee is notified that the employee will
310	310	not be reemployed for the school year following the 3-year
311	311	probationary period, his or her employment ends on the last day of
312	312	the current school year. The notice that the employee will not be
313	313	reemployed must include a statement of the reasons for that
314	314	decision.
315	315	8. A new employee who is employed as an administrator to
316	316	provide primarily administrative services at the school level and
317	317	who does not provide primarily direct instructional services to
318	318	pupils, regardless of whether the administrator is licensed as a
319	319	teacher or administrator, including, without limitation, a principal
320	320	and vice principal, or a postprobationary teacher who is employed as
321	321	an administrator to provide those administrative services shall be
322	322	deemed to be a probationary employee for the purposes of this
323	323	section and must serve a 3-year probationary period as an
324	324	administrator in accordance with the provisions of this section. If:
325	325	(a) A postprobationary teacher who is an administrator is not
326	326	reemployed as an administrator after any year of his or her
327	327	probationary period; and
328	328	(b) There is a position as a teacher available for the ensuing
329	329	school year in the school district in which the person is employed,
330	330	 the board of trustees of the school district shall, on or before
331	331	May 1 or May 15, as applicable, offer the person a contract as a
332	332	teacher for the ensuing school year. The person may accept the
333	333	– 8 –
334	334
335	335
336	336	- 82nd Session (2023)
337	337	contract in writing on or before May 10 or May 25, as applicable. If
338	338	the person fails to accept the contract as a teacher, the person shall
339	339	be deemed to have rejected the offer of a contract as a teacher.
340	340	9. An administrator who has completed his or her probationary
341	341	period pursuant to subsection 8 and is thereafter promoted to the
342	342	position of principal must serve an additional probationary period of
343	343	1 year in the position of principal. If an administrator is promoted to
344	344	the position of principal before completion of his or her
345	345	probationary period pursuant to subsection 8, the administrator must
346	346	serve the remainder of his or her probationary period pursuant to
347	347	subsection 8 or an additional probationary period of 1 year in the
348	348	position of principal, whichever is longer. If the administrator
349	349	serving the additional probationary period is not reemployed as a
350	350	principal after the expiration of the probationary period or additional
351	351	probationary period, as applicable, the board of trustees of the
352	352	school district in which the person is employed shall, on or before
353	353	May 1 or May 15, as applicable, offer the person a contract for
354	354	the ensuing school year for the administrative position in which the
355	355	person attained postprobationary status. The person may accept the
356	356	contract in writing on or before May 10 or May 25, as applicable. If
357	357	the person fails to accept such a contract, the person shall be deemed
358	358	to have rejected the offer of employment.
359	359	Sec. 11. Insofar as they conflict with the provisions of such an
360	360	agreement, the amendatory provisions of this act do not apply
361	361	during the current term of any contract of employment or collective
362	362	bargaining agreement entered into before July 1, 2023, but do apply
363	363	to any extension or renewal of such an agreement and to any
364	364	agreement entered into on or after July 1, 2023. For the purposes of
365	365	this section, the term of an agreement ends on the date provided in
366	366	the agreement, notwithstanding any provision of the agreement that
367	367	it remains in effect, in whole or in part, after that date until a
368	368	successor agreement becomes effective.
369	369	Sec. 12. This act becomes effective on July 1, 2023.
370	370
371	371	20 ~~~~~ 23