391.3197 - Probationary employment: Term; notice of reemployment; request for supplemental evaluation; school district required to offer probationary administrator contract as teacher under certain ci
391.3197 Probationary employment: Term; notice of reemployment; request for supplemental evaluation; school district required to offer probationary administrator contract as teacher under certain circumstances; hearing before dismissal.
1. A probationary employee is employed on a contract basis for two 1-year periods and has no right to employment after either of the two probationary contract years.
2. The board shall notify each probationary employee in writing on or before May 1 of the first and second school years of the employee’s probationary period, as appropriate, whether the employee 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 the employee’s probationary period, as appropriate, of the employee’s acceptance of reemployment. If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in both the first and second years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee 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 within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment constitutes rejection of the contract.
3. A probationary employee who completes a 2-year probationary period and receives a notice of reemployment from the school district in the second year of the employee’s probationary period is entitled to be a postprobationary employee in the ensuing year of employment.
4. If a probationary employee receives notice pursuant to subsection 4 of NRS 391.3125 not later than March 1 of a potential decision not to reemploy him or her, the employee may request a supplemental evaluation by another administrator in the school district selected by the employee and the superintendent. If a school district has five or fewer administrators, the supplemental evaluator may be an administrator from another school district in this State. If a probationary employee has received during the first school year of the employee’s probationary period three evaluations which state that the employee’s overall performance has been satisfactory, the superintendent of schools of the school district or the superintendent’s 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 the employee’s 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 the employee will not be reemployed for the second year of the employee’s probationary period or the ensuing school year, his or her employment ends on the last day of the current school year. The notice that the employee 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 the superintendent’s 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) A postprobationary teacher who is an administrator is not reemployed as an administrator after either year of his or her probationary period; and
(b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,
Ê the board of trustees of the school district shall, on or before May 1, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.
7. An administrator who has completed his or her probationary period pursuant to subsection 6 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 as a principal after the expiration of the additional probationary period, the board of trustees of the school district in which the person is employed shall, on or before May 1, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10. If the person fails to accept such a contract, the person 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.
(Added to NRS by 1969, 272; A 1971, 382; 1973, 790, 797; 1975, 615; 1977, 1380; 1979, 1836; 1985, 1088; 1989, 1428; 1995, 395; 2001, 606; 2007, 2166, 2455)