(REPRINTED WITH ADOPTED AMENDMENTS)
"                    FIRST REPRINT       A.B. 368" 


   Assembly Bill No. 368--Committee on Education

                  March 21, 1995
                 _____________


        Referred to Committee on Education


SUMMARY--Revises provisions governing probationary 
          period of administrators and teachers 
          employed by county school districts. 
          (BDR 34-744)

FISCAL NOTE:  Effect on Local Government: No.
              Effect on the State or on Industrial Insurance: No.



EXPLANATION--Matter in italics is new; matter in bra
ckets [ ] is material to be omitted.

AN ACT relating to educational personnel; revising provisions 
        governing the probationary period of administrators and 
        teachers employed by county school districts; 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 391.3125 is hereby amended to 
read as follows:
  391.3125  1.  It is the intent of the legislature that a 
uniform system be developed for objective evaluation of 
teachers and other licensed personnel in each school 
district.
  2.  Each board, following consultation with and 
involvement of elected representatives of the teachers or 
their designees, shall develop a policy for objective 
evaluations in narrative form. The policy must set forth a 
means according to which an employee's over-all performance 
may be determined to be satisfactory or unsatisfactory. The 
policy may include an evaluation by the teacher, pupils, 
administrators or other teachers or any combination thereof. 
In [like] \a similar\\ manner, counselors, 
librarians and other licensed personnel must be evaluated on 
forms developed specifically for their respective 
specialties. A copy of the policy adopted by the board must 
be filed with the department. The primary purpose of an 
evaluation is to provide a format for constructive 
assistance. Evaluations, while not the sole criterion, must 
be used in the dismissal process.
  3.  A conference and a written evaluation for a 
probationary employee must be concluded no later than:
  (a) December 1;
  (b) February 1; and
  (c) April 1,
of [the school year,] \each school year of the 
probationary period,\\ except that a probationary 
employee assigned to a school that operates all year must be 
evaluated at least three times during each 12 months of 
employment on a schedule determined by the board.
  4.  Whenever an administrator charged with the evaluation 
of a probationary employee believes the employee will not be 
reemployed for the [next school year,] \second year of 
the probationary period or the school year following the 
probationary period,\\ he shall bring the matter to the 
employee's attention in a written document which is separate 
from the evaluation no later than February 15 [.] \of 
the current school year.\\ The notice must include the 
reasons for the potential decision not to reemploy or refer 
to the evaluation in which the reasons are stated. Such a 
notice is not required if the probationary employee has 
received a letter of admonition during the current school 
year.
  5.  Each postprobationary teacher must be evaluated at 
least once each year.
  6.  The evaluation of a probationary teacher or a 
postprobationary teacher must, if necessary, include 
recommendations for improvements in his performance. A 
reasonable effort must be made to assist the teacher to 
correct any deficiencies noted in the evaluation. The 
teacher must receive a copy of each evaluation not later 
than 15 days after the evaluation. A copy of the evaluation 
and the teacher's response must be permanently attached to 
the teacher's personnel file.
  Sec. 2.  NRS 391.313 is hereby amended to read 
as follows:
  391.313  1.  Whenever an administrator charged with 
supervision of a licensed employee believes it is necessary 
to admonish the employee for a reason that he believes may 
lead to demotion, dismissal or cause the employee not to be 
reemployed under the provisions of NRS 391.312, he shall:
  (a) Except as otherwise provided in subsection 2, bring 
the matter to the attention of the employee involved, in 
writing, stating the reasons for the admonition and that it 
may lead to his demotion, dismissal or a refusal to reemploy 
him, and make a reasonable effort to assist the employee to 
correct whatever appears to be the cause for his potential 
demotion, dismissal or a potential recommendation not to 
reemploy him; and
  (b) Except as otherwise provided in NRS 391.314, allow 
reasonable time for improvement, which must not exceed 3 
months for the first admonition.
An admonition issued to a licensed employee who, within the 
time granted for improvement, has met the standards set for 
him by the administrator who issued the admonition must be 
removed from the records of the employee together with all 
notations and indications of its having been issued. The 
admonition must be removed from the records of the employee 
not later than 3 years after it is issued.
  2.  An administrator need not admonish an employee 
pursuant to paragraph (a) of subsection 1 if his employment 
will be terminated pursuant to NRS 391.3197. If by February 
15 \of the first or second year of his probationary 
period\\ a probationary employee does not receive a 
written notice pursuant to subsection 4 of NRS 391.3125 of a 
potential decision not to reemploy him, he must receive an 
admonition before any such decision is made.
  3.  A licensed employee is subject to immediate dismissal 
or a refusal to reemploy according to the procedures 
provided in NRS 391.311 to 391.3197, inclusive, without the 
admonition required by this section, on grounds contained in 
paragraphs (b), (f), (g), (h) and (p) of subsection 1 of NRS 
391.312.
  Sec. 3.  NRS 391.3197 is hereby amended to 
read as follows:
  391.3197  1.  A probationary employee is employed on [an 
annual basis] \a contract basis for two 1-year 
periods\\ and has no right to employment after [a] 
\either of the two\\ probationary contract [year.
  2.  If a probationary employee first began his employment 
after June 30, 1979, the] \years.
  2.  The\\ board shall notify [him] \each 
probationary employee\\ in writing on or before May 1 of 
the \first and second\\ school [year] \years 
of his probationary period, as appropriate,\\ whether he 
is to be reemployed for \the second year of the 
probationary period or for\\ the next school year [.] 
\as a postprobationary employee.\\ The employee 
must advise the board in writing on or before May 10 
\of the first or second year of his probationary 
period, as appropriate,\\ of his acceptance of 
reemployment. If a probationary employee is assigned to a 
school that operates all year, the board shall notify him in 
writing \, in both the first and second year of his 
probationary period,\\ no later than 45 days before his 
last day of work \for the year\\ under his contract 
whether he is to be reemployed for [another year.] 
\the second year of the probationary period or for the 
next school year as a postprobationary employee.\\ He 
must advise the board in writing within 10 days after the 
date of notification of his acceptance or rejection of 
reemployment for another year. Failure to advise the board 
of his acceptance of reemployment constitutes rejection of 
the contract.
  3.  A probationary employee who [has received] 
\completes his 2-year probationary period and 
receives\\ a notice of reemployment from the school 
district \in the second year of his probationary 
period\\ is entitled to be a postprobationary employee 
in the ensuing year of employment.
  4.  [A school district which has not given notice of 
reemployment to a probationary employee may offer the 
employee a contract for a trial year. An employee who 
receives an offer of a contract for a trial year may request 
a supplemental evaluation during the trial year] \A 
probationary employee who receives an unsatisfactory 
evaluation may request a supplemental evaluation\\ by 
another administrator in the school district selected by him 
and the superintendent. If a school district has five or 
fewer administrators, the supplemental evaluator may be an 
administrator from another school district in the state. 
\If a probationary employee has received during the 
first school year of his probationary period three 
evaluations which state that the employee's overall 
performance has been satisfactory, the superintendent of 
schools of the school district or his designee shall waive 
the second year of the employee's probationary period by 
expressly providing in writing on the final evaluation of 
the employee for the first probationary year that the second 
year of his probationary period is waived. Such an employee 
is entitled to be a postprobationary employee in the ensuing 
year of employment.\\
  5.  If a probationary employee is notified that he will 
not be reemployed for the \second year of his 
probationary period or the\\ ensuing school year, his 
employment ends on the last day of the \current\\ 
school year \.\\ [specified in his 
contract.] The notice that he will not be reemployed must 
include a statement of the reasons for that decision.
  6.  \A new employee or a postprobationary teacher who 
is employed as an administrator shall be deemed to be a 
probationary employee for the purposes of this section and 
must serve a 2-year probationary period as an administrator 
in accordance with the provisions of this section. If the 
administrator does not receive an unsatisfactory evaluation 
during the first year of probation, the superintendent or 
his designee shall waive the second year of the 
administrator's probationary period. Such an administrator 
is entitled to be a postprobationary employee in the ensuing 
year of employment. \\If a [probationary employee] 
\postprobationary teacher\\ who is an administrator 
is not reemployed in that capacity [,] \after either 
year of his probationary period,\\ he may accept a 
contract as a teacher for the ensuing school year in writing 
on or before May 10. If he fails to accept the contract as a 
teacher, he shall be deemed to have rejected the offer of a 
contract as a teacher.
  7.  \An administrator who has completed his 
probationary period pursuant to subsection 5 and is 
thereafter promoted to the position of principal must serve 
an additional probationary period of 1 year in the position 
of principal. If the administrator serving the additional 
probationary period is not reemployed in that capacity after 
the expiration of the additional probationary period, he may 
accept a contract for the ensuing school year, in writing on 
or before May 10, for the administrative position in which 
he attained postprobationary status. If he fails to accept 
such a contract, he shall be deemed to have rejected the 
offer of employment.
  8.  \\Before dismissal, the probationary employee is 
entitled to a hearing before a hearing officer which affords 
due process as set out in NRS 391.311 to 391.3196, 
inclusive.
  Sec. 4.  Sections 1, 2 and 3 of this act do 
not apply to a probationary employee whose employment 
began before July 1, 1995.
  Sec. 5.  This act becomes effective on July 1, 
1995.

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