Assembly Bill No. 543-Assemblymen Segerblom, Evans, Williams, de Braga, Ohrenschall, Neighbors, Mortenson, Parks, Buckley, Herrera, Arberry, Koivisto, Chowning, Collins, Von Tobel, Anderson, Manendo, Perkins, Hickey, Freeman, Lee, Giunchigliani, Price and Krenzer
May 28, 1997
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Referred to Committee on Education
SUMMARY--Revises provisions relating to rights of licensed educational personnel regarding certain disciplinary procedures. (BDR 34-920)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; removing the exemption from certain disciplinary procedures that is provided for licensed educational personnel who have negotiated their employment contracts pursuant to the Local Government Employee-Management Relations Act; revising certain procedures regarding the admonishment of licensed educational personnel; providing that certain employees who have been suspended, dismissed or not reemployed are entitled to reinstatement; clarifying that educational personnel who have been suspended for certain reasons are entitled to compensation during the period of their suspension; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 386.365 is hereby amended to read as follows:
386.365 1. Except as otherwise provided in subsection 3, each board of trustees in [any county having] a county with a population of 100,000 or more shall [give 15 days'] provide notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4 [.] at least 15 days before the date of the meeting during which the matter will be considered. The notice must:
(a) Include a description of the [subject or subjects involved and must state] subjects which are scheduled to be considered by the board of trustees during the meeting;
(b) Include the time and place of the meeting [at which the matter will be considered by the board; and
(b)] ; and
(c) Be mailed to the following persons [from each of the schools affected:] who are employed by or affiliated with a school which may be affected by the adoption, repeal or amendment of a policy or regulation of the board of trustees:
(1) The principal;
(2) The president of the parent-teacher association or similar body; and
(3) The president of the classroom teachers' organization or other collective bargaining agent.
A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 15 days before its adoption.
2. All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.
3. Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.
4. This section applies to policies and regulations concerning:
(a) Attendance rules;
(b) Zoning;
(c) Grading;
(d) District staffing patterns;
(e) Curriculum and program;
(f) Pupil discipline; and
(g) Personnel, [except with respect to dismissals and refusals to reemploy covered by contracts entered into as a result of the Local Government Employee-Management Relations Act, as provided in NRS 391.3116.] including, without limitation, policies and regulations concerning dismissals of licensed personnel pursuant to the provisions of NRS 391.314.
Sec. 2 NRS 391.3116 is hereby amended to read as follows:
391.3116 [The] Except as otherwise provided in NRS 391.314, the provisions of NRS 391.311 to 391.3197, 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. 3 NRS 391.313 is hereby amended to read as follows:
391.313 1. [Whenever] Except as otherwise provided in subsections 3 and 4, if an administrator who is charged with the supervision of a licensed employee believes that it is necessary to admonish the employee for a reason [that he believes] which may lead to the demotion [,] or dismissal of the employee or cause the employee not to be reemployed [under] pursuant to the provisions of NRS 391.312, [he] the administrator shall:
(a) [Except as otherwise provided in subsection 2, bring the matter to the attention of] Provide written notice to the employee , [involved, in writing,] stating the reasons for the admonition and that it may lead to [his demotion,] the employee's demotion or dismissal or a refusal to reemploy him [, and make] ;
(b) Make a reasonable effort to assist the employee [to correct whatever appears to be] in correcting the probable cause for his potential demotion [,] or dismissal or a potential recommendation not to reemploy him; and
[(b)] (c) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.
2. [An admonition issued to a] If a licensed employee [who,] receives an admonition and, within the time granted for improvement, [has met] meets the standards set for him by the administrator who issued the admonition , the admonition must be immediately removed from the records of the employee [together with] , including 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] that the admonition was issued.
3. Except as otherwise provided in this subsection, an administrator is not required to admonish [an employee pursuant to paragraph (a) of subsection 1 if his employment] a probationary employee if the employee 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.] 4. A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures [provided] set forth in NRS 391.311 to 391.3197, inclusive, without the admonition required by this section, on the grounds [contained] set forth in paragraphs (b), (f), (g), (h) and (p) of subsection 1 of NRS 391.312. If after such a dismissal or refusal occurs, it is determined that sufficient grounds for the dismissal or nonreemployment did not exist, the employee must be reinstated to the position that he held before the dismissal or nonreemployment and to the school in which he held that position.
Sec. 4 NRS 391.314 is hereby amended to read as follows:
391.314 1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and [he] the superintendent is of the opinion that the immediate suspension of the employee is necessary [in] for the best interests of the pupils in the school district, the superintendent may suspend the employee without notice [and without] or a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, he must be reinstated with [back pay, plus interest, and] normal seniority. The superintendent shall notify the employee in writing of the suspension.
2. Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to [391.3196,] 391.3197, inclusive, to effect the employee's dismissal. [The] Except as otherwise provided in this section, the employee is entitled to continue to receive his salary and other benefits [after] on the date the suspension becomes effective until the date on which the dismissal proceedings are [commenced.] completed. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.
3. If sufficient grounds for dismissal do not exist, the employee must be reinstated [with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5.] to the position that he held before the suspension and the school in which he held that position.
4. A licensed employee who is convicted of a crime which requires registration as a sex offender pursuant to NRS [207.151] 207.152 or convicted of an act forbidden by NRS 200.508, 201.190, 201.265 or 207.260 forfeits all rights of employment from the date of his arrest.
[6.] 5. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.
[7.] 6. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.
[8.] 7. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee's contract year, but the total number of days of suspension may not exceed 20 [in 1] days during the employee's contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
8. The provisions of this section apply to a licensed employee regardless of whether he has entered into a contract with the board that was negotiated pursuant to chapter 288 of NRS.