reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.685 - Evaluations of probationary teachers; evaluations to be based upon certain number of scheduled observation cycles.

1. A probationary teacher must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observation cycles of the teacher during the first school year of his or her probationary period as follows:
(a) The first scheduled observation cycle must occur within 40 days after the first day of instruction of the school year;
(b) The second scheduled observation cycle must occur after 40 days but within 80 days after the first day of instruction of the school year; and
(c) The third scheduled observation cycle must occur after 80 days but within 120 days after the first day of instruction of the school year.
2. If a probationary teacher receives an evaluation designating his or her overall performance as effective or highly effective:
(a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observation cycles of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 1.
(b) During the first and second school years of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation cycle of the teacher which must occur within 120 days after the first day of instruction of the school year.
3. If a probationary teacher receives an evaluation designating his or her overall performance as developing or ineffective during the first or second school year of the probationary period, the probationary teacher must receive one evaluation during the immediately succeeding school year which is based in part upon three observation cycles which must occur in accordance with the observation schedule set forth in subsection 1.
(Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829; 2017, 2144, 3266)—(Substituted in revision for part of NRS 391.3125)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.690 - Evaluations of postprobationary teachers; evaluations based upon certain number of scheduled observation cycles; request by postprobationary teacher for another evaluator.

1. If a postprobationary teacher receives an evaluation designating his or her overall performance as developing or ineffective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year which is based in part upon three observation cycles which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.685. If a postprobationary teacher receives evidence from the first two observation cycles during the school year indicating that, unless his or her performance improves, his or her overall performance may be rated as developing or ineffective on the evaluation, the postprobationary teacher may request that the third observation cycle be conducted by another administrator. If a postprobationary teacher requests that his or her third observation cycle be conducted by another administrator, that administrator must be:
(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and
(b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.
2. If a postprobationary teacher receives an evaluation designating his or her overall performance as effective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation cycle, which must occur within 120 days after the first day of instruction of the school year.
3. If a postprobationary teacher receives an evaluation designating his or her overall performance as highly effective for 2 consecutive school years, the postprobationary teacher must:
(a) Participate in one observation cycle in the school year immediately following the school year in which the postprobationary teacher receives a second consecutive evaluation designating his or her performance as highly effective; and
(b) Receive one evaluation in the school year immediately following the school year in which the postprobationary teacher participated in the observation cycle pursuant to paragraph (a). The evaluation must be based in part upon at least one scheduled observation cycle, which must occur within 120 days after the first day of instruction of that school year.
(Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829; 2017, 2145, 3266)—(Substituted in revision for part of NRS 391.3125)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.695 - Requirements for evaluations of teachers; performance of pupils not included in evaluation of certain teachers; evaluation to be provided to teacher; effort must be made to provide assistance to teacher to improve performance upon request.

1. The evaluation of a probationary teacher or a postprobationary teacher pursuant to NRS 391.685 or 391.690 must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:
(a) An evaluation of the instructional practice of the teacher in the classroom;
(b) An evaluation of the professional responsibilities of the teacher to support learning and promote the effectiveness of the school community;
(c) Except as otherwise provided in subsection 2 or 3, an evaluation of the performance of pupils enrolled in the school;
(d) An evaluation of whether the teacher employs practices and strategies to involve and engage the parents and families of pupils in the classroom;
(e) Recommendations for improvements in the performance of the teacher;
(f) A description of the action that will be taken to assist the teacher in the areas of instructional practice, professional responsibilities and the performance of pupils; and
(g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.
2. The evaluation of a probationary teacher in his or her initial year of employment as a probationary teacher must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.730.
3. The evaluation of a teacher at a school designated as a turnaround school pursuant to NRS 388G.400 must not include an evaluation of the performance of pupils enrolled in the school for the first and second years after the school has been designated as a turnaround school.
4. 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. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to improve his or her performance based upon the recommendations reported in the evaluation of the teacher.
(Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829)—(Substituted in revision for part of NRS 391.3125)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.700 - Policy for evaluations of administrators; conference required before and after each scheduled observation.

Except as otherwise provided in NRS 391.717:
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 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.
(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831; 2019, 1130, 2683; 2023, 948)—(Substituted in revision for part of NRS 391.3127)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.705 - Evaluations of probationary administrators; evaluations to be based upon certain number of scheduled observation cycles.

1. A probationary administrator must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observation cycles of the probationary administrator during the first school year of his or her probationary period which must occur as follows:
(a) The first scheduled observation cycle must occur within 40 days after the first day of instruction of the school year;
(b) The second scheduled observation cycle must occur after 40 days but within 80 days after the first day of instruction of the school year; and
(c) The third scheduled observation cycle must occur after 80 days but within 120 days after the first day of instruction of the school year.
2. If a probationary administrator receives an evaluation designating his or her overall performance as effective or highly effective:
(a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observation cycles of the administrator which must occur within the times specified in paragraphs (b) and (c) of subsection 1.
(b) During the first and second school year of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation cycle of the administrator which must occur within 120 days after the first day of instruction of the school year.
3. If a probationary administrator receives an evaluation designating his or her overall performance as developing or ineffective during the first or second school year of the probationary period, the probationary administrator must receive one evaluation during the immediately succeeding school year which is based in part upon three observation cycles which must occur in accordance with the observation schedule set forth in subsection 1.
4. Each probationary administrator is subject to the provisions of NRS 391.725 and 391.820.
(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831; 2017, 2145, 3267)—(Substituted in revision for part of NRS 391.3127)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.710 - Evaluations of postprobationary administrators; evaluations to be based upon certain number of scheduled observation cycles.

1. If a postprobationary administrator receives an evaluation designating his or her overall performance as developing or ineffective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year which is based in part upon three observation cycles which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.705. If a postprobationary administrator receives evidence from the first two observation cycles indicating that, unless his or her performance improves, his or her overall performance may be rated as developing or ineffective on the evaluation, the postprobationary administrator may request that the third observation cycle be conducted by another administrator. If a postprobationary administrator requests that his or her third observation cycle be conducted by another administrator, that administrator must be:
(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and
(b) Selected by the postprobationary administrator from a list of three candidates submitted by the superintendent.
2. If a postprobationary administrator receives an evaluation designating his or her overall performance as effective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation cycle, which must occur within 120 days after the first day of instruction of the school year.
3. If a postprobationary administrator receives an evaluation designating his or her overall performance as highly effective for 2 consecutive school years, the postprobationary administrator must:
(a) Participate in one observation cycle in the school year immediately following the school year in which the postprobationary administrator receives a second consecutive evaluation designating his or her performance as highly effective; and
(b) Receive one evaluation in the school year immediately following the school year in which the postprobationary administrator participated in the observation cycle pursuant to paragraph (a). The evaluation must be based in part upon at least one scheduled observation cycle, which must occur within 120 days after the first day of instruction of that school year.
(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831; 2017, 2146, 3267)—(Substituted in revision for part of NRS 391.3127)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.715 - Requirements for evaluations of administrators; performance of pupils not included in evaluation of certain administrators; evaluation to be provided to administrator; effort must be made to provide assistance to administrator to improve performance upon request.

1. The evaluation of an administrator pursuant to NRS 391.705 or 391.710 must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:
(a) An evaluation of the instructional leadership practices of the administrator at the school;
(b) An evaluation of the professional responsibilities of the administrator to support learning and promote the effectiveness of the school community;
(c) Except as otherwise provided in subsection 2 or 3, an evaluation of the performance of pupils enrolled in the school;
(d) An evaluation of whether the administrator employs practices and strategies to involve and engage the parents and families of pupils enrolled in the school;
(e) Recommendations for improvements in the performance of the administrator; and
(f) A description of the action that will be taken to assist the administrator in the areas of instructional leadership practice, professional responsibilities and the performance of pupils.
2. The evaluation of a probationary administrator in his or her initial year of probationary employment must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.730.
3. The evaluation of an administrator at a school designated as a turnaround school pursuant to NRS 388G.400 must not include an evaluation of the performance of pupils enrolled in the school for the first and second years after the school has been designated as a turnaround school.
(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831)—(Substituted in revision for part of NRS 391.3127)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.717 - At-will employment of principal; resumption of at-will status following probationary period under certain circumstances; nonrenewal of contract.

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 in the position of 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.
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.
(Added to NRS by 2023, 946)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.720 - Procedures for transfer or reassignment of administrators and appeal to board.

1. Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective.
2. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent.
3. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.
(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831)—(Substituted in revision for part of NRS 391.3127)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.725 - Evaluation designating performance of probationary employee as ineffective: Contents of written statement included in evaluation; request for another evaluator; request for assistance in improving performance.

1. If a written evaluation of a probationary teacher, a probationary administrator who provides primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal or a probationary licensed educational employee, other than a teacher or administrator, designates the overall performance of the teacher, administrator or probationary licensed educational employee as "ineffective":
(a) The written evaluation must include the following statement: "Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive an ‘ineffective’ evaluation and are reemployed for a second or third year of your probationary period, you may request that your next evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in improving your performance based upon the recommendations reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in improving your performance."
(b) The probationary teacher, probationary administrator or probationary licensed educational employee, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).
2. If a probationary teacher, probationary administrator or probationary licensed educational employee, other than a teacher or administrator, to which subsection 1 applies requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:
(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and
(b) Selected by the probationary teacher, probationary administrator or probationary licensed educational employee, other than a teacher or administrator, as applicable, from a list of three candidates submitted by the superintendent.
3. If a probationary teacher, probationary administrator or probationary licensed educational employee, other than a teacher or administrator to which subsection 1 applies requests assistance in improving performance reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher, probationary administrator or probationary licensed educational employee, as applicable, in improving his or her performance.
(Added to NRS by 2011, 2283; A 2011, 2297, 3093; 2013, 3155; 2017, 2147, 3268; 2019, 1786)—(Substituted in revision for NRS 391.3128)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.730 - Postprobationary employee whose performance is designated as developing or ineffective deemed probationary and required to serve additional probationary period in certain circumstances.

Except as otherwise provided in NRS 391.717, 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 must serve an additional probationary period in accordance with the provisions of NRS 391.820.
(Added to NRS by 2011, 2258; A 2011, 2297; 2015, 1606, 2409; 2017, 2147; 2019, 1130, 1787, 2684; 2023, 949)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.755 - Duties of administrator when admonishing employee in certain circumstances; removal of admonition from records; when admonition not required; grounds for immediate action without admonition.

1. Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:
(a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and
(b) Except as otherwise provided in NRS 391.760, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.
The admonition must include a description of the deficiencies of the employee and the action that is necessary to correct those deficiencies.
2. An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee 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.
3. An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if the administrator has been informed by the superintendent that the superintendent intends to recommend the dismissal of the employee to the board in the manner set forth in NRS 391.822, 391.824 and 391.826.
4. A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.650 to 391.826, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p), (s), (t) and (u) of subsection 1 of NRS 391.750.
(Added to NRS by 1967, 968; A 1969, 853; 1973, 792; 1977, 1379; 1979, 1831; 1985, 1085; 1987, 1006; 1989, 1427; 1995, 394; 2007, 2166, 2454; 2011, 2290; 2015, 418, 1855; 2017, 1192, 3978; 2019, 1130, 2684)—(Substituted in revision for NRS 391.313)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.765 - Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer.

1. A superintendent may recommend that a teacher be dismissed or not reemployed.
2. A superintendent may recommend that an administrator be demoted, dismissed or not reemployed.
3. The board may recommend that a superintendent be dismissed or not reemployed.
4. If the board recommends that a superintendent be demoted, dismissed or not reemployed, it may request the appointment of a hearing officer, depending upon the grounds for the recommendation.
(Added to NRS by 1967, 969; A 1973, 793; 1979, 1833)—(Substituted in revision for NRS 391.315)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.770 - Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer.

1. Each request for the appointment of a person to serve as a hearing officer must be submitted to the Superintendent of Public Instruction.
2. Within 10 days after receipt of such a request, the Superintendent of Public Instruction shall request that the Hearings Division of the Department of Administration appoint a hearing officer.
3. The State Board shall prescribe the procedures for exercising challenges to a hearing officer, including, without limitation, the number of challenges that may be exercised and the time limits in which the challenges must be exercised.
4. A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal to reemploy based on the grounds contained in subsections 1 and 2 of NRS 391.750.
5. This section does not preclude the employee and the superintendent from mutually selecting an attorney who is a resident of this State, an arbitrator provided by the American Arbitration Association or a representative of an agency or organization that provides alternative dispute resolution services to serve as a hearing officer to conduct a particular hearing.
(Added to NRS by 1973, 789; A 1979, 1608, 1833; 1985, 1048; 1993, 183; 2005, 464; 2015, 1856)—(Substituted in revision for NRS 391.3161)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.775 - Notice of intention to recommend demotion, dismissal or refusal to reemploy; rights of employee; request for expedited hearing if dismissed before completion of current school year.

Except as otherwise provided in NRS 391.717:
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 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.
(Added to NRS by 1967, 969; A 1973, 793; 1979, 1833; 1985, 1087; 1987, 1008; 1989, 1427; 2005, 465; 2011, 2260, 2291; 2013, 3814; 2015, 1606; 2019, 1131, 2684; 2023, 949)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.780 - Request for hearing: Action by superintendent.

1. If a request for a hearing is not made within the time allowed, the superintendent shall file his or her recommendation with the board. The board may, by resolution, act on the recommendation as it sees fit.
2. If a request for a hearing is made, the superintendent shall not file his or her recommendation with the board until a report of the hearing officer is filed with the superintendent.
(Added to NRS by 1967, 970; A 1973, 794; 1979, 1834)—(Substituted in revision for NRS 391.318)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.785 - Procedures for hearing; payment for expenses of hearing officer and transcript.

1. As soon as possible after the time of his or her designation, the hearing officer shall hold a hearing to determine whether the grounds for the recommendation are substantiated.
2. The Superintendent of Public Instruction shall furnish the hearing officer with any assistance which is reasonably required to conduct the hearing, and the hearing officer may require witnesses to give testimony under oath and produce evidence relevant to the investigation.
3. The licensed employee and superintendent are entitled to be heard, to be represented by an attorney and to call witnesses in their behalf.
4. The hearing officer is entitled to be reimbursed for his or her reasonable actual expenses.
5. If requested by the hearing officer, an official transcript must be made.
6. The board and the licensed employee are equally responsible for the expense of and compensation for the hearing officer and the expense of the official transcript.
7. The State Board shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence do not apply to this hearing.
(Added to NRS by 1967, 970; A 1973, 794; 1979, 1610, 1834; 1985, 1049; 1987, 1009; 2005, 465)—(Substituted in revision for NRS 391.3192)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.790 - Person with communications disability entitled to use of registered community interpreter at hearing.

The licensed employee or a witness at a hearing under NRS 391.650 to 391.800, inclusive, who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the hearing officer.
(Added to NRS by 1979, 658; A 1987, 1009; 2001, 1778; 2007, 174)—(Substituted in revision for NRS 391.31925)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.795 - Written report of hearing: Contents; final and binding if so agreed; time limited for filing.

1. Except as otherwise provided in subsection 3, within 30 days after the time of his or her designation, the hearing officer shall complete the hearing and shall prepare and file a written report with the superintendent and the licensed employee involved not later than 15 days after the conclusion of the hearing.
2. The report must contain an outline of the scope of the hearing, findings of fact and conclusions of law, and recommend a course of action to be taken by the board. The report of the hearing officer is final and binding on the employee and the board if the employee and the superintendent have so agreed before the selection of the hearing officer was begun.
3. If it appears that the report cannot be prepared within 15 days, the licensed employee and the superintendent shall be so notified before the end of that period, and the hearing officer may take the time necessary not exceeding 30 days following the conclusion of the hearing to file the written report and recommendation.
4. The licensed employee and the superintendent or the superintendent’s designee may mutually agree to waive any of the time limits applicable to the hearing procedure.
(Added to NRS by 1967, 970; A 1971, 381; 1973, 795; 1979, 1610, 1835; 1987, 1009)—(Substituted in revision for NRS 391.3193)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.800 - Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.

1. Within 5 days after the superintendent receives the report of the hearing officer the superintendent shall either withdraw the recommendation to demote, dismiss or not reemploy the licensed employee or file his or her recommendation with the board.
2. Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officer’s recommendation and notify the licensed employee in writing of its decision.
3. The board may, before making a decision, refer the report back to the hearing officer for further evidence and recommendations. Within 15 days after the report is referred to him or her, the hearing officer shall complete the report and file it with the board and mail a copy to the superintendent and licensed employee.
4. The licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report in the manner provided in NRS 38.241 and 38.242.
(Added to NRS by 1967, 971; A 1971, 381; 1973, 795; 1979, 1611, 1835; 1987, 1010; 2001, 1285; 2003, 35, 41)—(Substituted in revision for NRS 391.3194)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.810 - Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.

1. The board shall notify postprobationary employees in writing, by certified mail or by delivery of the employee’s contract, concerning their reemployment for the ensuing year. 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.
2. If the board, or the person designated by it, fails to notify a postprobationary employee who has been employed by a school district of the employee’s status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year under the same terms and conditions as he or she is employed for the current year.
3. This section does not apply to any licensed employee who has been recommended to be demoted, dismissed or not reemployed if proceedings have commenced and no final decision has been made by the board. A licensed employee may be demoted or dismissed for grounds set forth in NRS 391.750 after the employee has been notified that he or she is to be reemployed for the ensuing year.
4. Any licensed employee who is reemployed pursuant to subsection 1 shall notify the board in writing of the employee’s acceptance of employment. 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 1.
5. Failure on the part of the employee to notify the board of his or her acceptance within the specified time is conclusive evidence of the employee’s rejection of the contract.
6. If the licensed employees are represented by a recognized employee organization and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1 to 5, inclusive, do not apply except in the case of a demotion, dismissal or decision not to reemploy an employee. Before May 10 or May 25, as applicable, of each year, the employees shall notify the board in writing, on forms provided by the board, of their acceptance of reemployment. Any agreement negotiated by the recognized employee organization and the board becomes a part of the contract of employment between the board and the employee. The board shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at the last known address of the employee or shall deliver the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of the employee’s acceptance within 10 days after receipt of the contract is conclusive evidence of the employee’s rejection of the contract.
(Added to NRS by 1967, 971; A 1971, 10; 1973, 796; 1979, 1611, 1836; 1985, 1087; 1987, 1010; 1989, 1428; 2015, 44)—(Substituted in revision for NRS 391.3196)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.815 - Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception.

Except as otherwise provided in this section, if a postprobationary employee of a school district or charter school in this state:
1. Voluntarily leaves his or her employment; and
2. Is, within 5 years after the date on which the employee left that employment, employed by any school district or charter school in this state in a position that is comparable to the position in which the employee attained postprobationary status,
he or she must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.820. This section does not apply to a postprobationary employee who voluntarily leaves his or her employment during the pendency of a proceeding for the suspension, demotion, dismissal or refusal to reemploy the postprobationary employee.
(Added to NRS by 1985, 1083; A 1989, 325; 2001, 1906, 3162)—(Substituted in revision for NRS 391.31965)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.822 - Written notice of intent to dismiss probationary employee required; contents of notice.

1. If the superintendent intends to recommend the dismissal of a probationary employee to the board before the end of a contract year, the superintendent must provide written notice to the employee, by registered or certified mail, not less than 15 business days before making the recommendation to the board.
2. The written notice required pursuant to subsection 1 must:
(a) Include a statement of the reasons for the recommendation to dismiss the probationary employee;
(b) Inform the probationary employee that he or she may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization, by filing a written request with the superintendent not later than 10 business days after receiving notice from the superintendent pursuant to subsection 1; and
(c) Include notice of the laws which govern the employment of a probationary employee of a school district which are contained in this chapter.
3. If a written request for an expedited hearing is not filed by the probationary employee pursuant to subsection 2, the superintendent may recommend the dismissal of the probationary employee to the board.
(Added to NRS by 2017, 1190)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.824 - Request and procedures for expedited hearing concerning dismissal of probationary employee; actions of superintendent upon receipt of report from arbitrator.

1. If a timely request for an expedited hearing is made pursuant to NRS 391.822, the superintendent must not take any further action relating to the recommendation to dismiss the probationary employee until the written report from the arbitrator is filed with the superintendent and the probationary employee pursuant to subsection 2.
2. An arbitrator shall hold an expedited hearing and file a written report with the superintendent and the probationary employee who requested the hearing pursuant to NRS 391.822 in the manner prescribed by the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. The only issues the arbitrator may consider are whether the dismissal of the probationary employee would:
(a) Violate the legal rights of the probationary employee provided by federal law or the laws of this State; or
(b) Be arbitrary or capricious.
3. At the expedited hearing, the superintendent must provide evidence of at least one reason to recommend the dismissal of the probationary employee, which must include, without limitation, at least one reason provided in the written notice required pursuant to paragraph (a) of subsection 2 of NRS 391.822. To rebut such evidence, the probationary employee must prove that each reason:
(a) Violates the legal rights of the probationary employee provided by federal law or the laws of this State; or
(b) Is arbitrary or capricious.
4. The written report filed by the arbitrator pursuant to subsection 2 is not binding upon the superintendent or the board.
5. The provisions of NRS 38.206 to 38.248, inclusive, do not apply to an expedited hearing, the written report of an arbitrator or any other portion of an arbitration conducted pursuant to this section.
6. Not later than 5 business days after the superintendent receives the written report from the arbitrator pursuant to subsection 2, the superintendent shall:
(a) If the superintendent intends to recommend the dismissal of the probationary employee, file with the board the report and a written recommendation to dismiss, and provide to the employee, by registered or certified mail, written notice of the filing of the recommendation and the date, time and location of the next regularly scheduled meeting of the board at which the recommendation to dismiss the employee will be considered; or
(b) If the superintendent does not intend to recommend the dismissal of the probationary employee, provide to the employee, by registered or certified mail, written notice that dismissal of the employee will not be recommended to the board and that no further action will be taken against the employee.
(Added to NRS by 2017, 1191)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.826 - Actions of board upon recommendation to dismiss probationary employee; decision of board final.

1. If the superintendent files with the board a written recommendation to dismiss a probationary employee pursuant to NRS 391.822 or 391.824, the board shall determine whether to accept the recommendation at the next regularly scheduled meeting of the board and provide to the employee, by registered or certified mail, written notice of its decision not later than 5 business days after the meeting.
2. The decision of the board relating to the dismissal of a probationary employee is final and binding and is not subject to judicial review or appeal.
(Added to NRS by 2017, 1191)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.850 - Definitions.

As used in NRS 391.850 to 391.930, inclusive, unless the context otherwise requires, the words and terms defined in NRS 391.855, 391.860 and 391.865 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 3969)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.860 - "Sexual misconduct" defined.

"Sexual misconduct" means any act, including, without limitation, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child, regardless of the age of the child, that is designed to establish a romantic or sexual relationship with the child.
(Added to NRS by 2017, 3969)
2023 Nevada Revised Statutes › Chapter 391 - Personnel › NRS 391.875 - Prohibition on assisting person who has engaged in sexual misconduct with minor or pupil to obtain new employment at public school; exception; regulations.

1. Except as otherwise provided in subsection 2, the Department, a local educational agency or an employee, contractor or agent thereof who works at a public school shall not assist an employee, contractor or agent who works at a school to obtain new employment, apart from the routine transmission of administrative and personnel files, if the person or entity has actual or constructive knowledge that such an employee, contractor or agent has engaged in sexual misconduct regarding a minor or pupil.
2. The provisions of subsection 1 do not apply if:
(a) The information giving rise to actual or constructive knowledge has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and any other authorities required by federal, state or local law, including, without limitation, Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., and any regulations adopted pursuant thereto, and the matter has been officially closed, or the District Attorney or law enforcement agency with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish that the employee, contractor or agent engaged in sexual misconduct regarding a minor or pupil;
(b) The employee, contractor or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or
(c) The case or investigation remains open and there have been no charges filed against, or indictment of, the employee, contractor or agent within 4 years after the date on which the information was reported to a law enforcement agency.
3. The State Board may adopt regulations to enforce the provisions of this section.
(Added to NRS by 2017, 3969)