391.3196 - Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.
391.3196 Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.
1. On or before May 1 of each year, the board shall notify postprobationary employees in their employ, in writing, by certified mail or by delivery of the employee’s contract, concerning their reemployment for the ensuing year. 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.
2. 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 391.312 after the employee has been notified that he or she is to be reemployed for the ensuing year.
3. Any licensed employee who is reemployed pursuant to subsection 1 shall, by May 10, notify the board in writing of the employee’s acceptance of employment. 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.
4. 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, 2 and 3 do not apply except in the case of a demotion, dismissal or decision not to reemploy an employee. Before May 10 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)