NRS 391.465 State Board to establish statewide performance evaluation system and prescribe tools to be used by schools to measure performance; school district authorized to apply to use different performance evaluation system and tools; prohibition against evaluating certain administrators using statewide performance evaluation system; certain school associate superintendent or administrator to review certain amount of evaluations of licensed educational personnel; additional review of evaluations; report. [Effective July 1, 2027.]

1,380 words·~6 min read·/nv/chapter-391-personnel/391-465-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460 , adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

2. The statewide performance evaluation system must:

(a)Require that an employee’s overall performance is determined to be:

(1)Highly effective;

(2)Effective;

(3)Developing; or

(4)Ineffective.

(b)Include the criteria for making each designation identified in paragraph (a), which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect:

(1)The ability of the employee to carry out his or her professional responsibilities; and

(2)The instructional practices of the employee.

(c)Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715 , require that pupil growth, as determined pursuant to NRS 391.480 :

(1)Account for 15 percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district; and

(2)For the purposes of calculating the rating used to evaluate a teacher or administrator pursuant to subparagraph (1), be used to evaluate a teacher or administrator using a points system in which the teacher or administrator who provides direct instructional services to pupils at a school in a school district:

(I)Receives one point if not more than 20 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth established pursuant to NRS 391.480 .

(II)Receives two points if more than 20 percent but not more than 40 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480 .

(III)Receives three points if more than 40 percent but not more than 60 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480 .

(IV)Receives four points if more than 60 percent but not more than 80 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480 .

(V)Receives five points if more than 80 percent of pupils to which he or she provides direct instructional services achieve satisfactory goals for educational growth pursuant to NRS 391.480 .

(d)Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, 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 licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.

(e)Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer observations pursuant to the process.

(f)Require a person who evaluates a teacher who is responsible for a number of pupils that exceeds the applicable recommended ratio of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 , who is a postprobationary employee as defined in NRS 391.650 and whose performance on that evaluation is designated as effective or highly effective to, under the statewide performance evaluation system, award the teacher an additional weight for criteria relating to:

(1)The manner in which the teacher structures a classroom environment;

(2)The manner in which the teacher provides an opportunity for extended discourse;

(3)The manner in which the teacher employs the cognitive abilities and skills of all pupils;

(4)The manner in which the teacher engages with the families of pupils; and

(5)The perception of pupils of the performance of the teacher,

Ê that is equivalent to the percentage by which the ratio of pupils for which the teacher is responsible exceeds the recommended ratio of pupils per licensed teacher. Any additional weight awarded to a teacher pursuant to this paragraph must not cause the score on a criterion to exceed the maximum score that would otherwise be possible on the criterion for a teacher rated as highly effective.

(g)If an employee knowingly and willfully failed to comply with the provisions of NRS 388.1351 , indicate any disciplinary actions taken against the employee pursuant to NRS 388.1354 .

3. A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

4. An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.

5. A school associate superintendent or administrator who supervises schools within a school district shall, not later than the last day of each school year, conduct a review of at least 3 percent of all evaluations of licensed educational personnel conducted pursuant to this chapter for the local school precincts overseen by the school associate superintendent or the schools within a school district overseen by the administrator who supervises such schools. The review must be conducted using procedures and guidance developed by the Department, in consultation the Teachers and Leaders Council of Nevada created by NRS 391.455 and include, without limitation, for each evaluation selected:

(a)A review of documents for the development of plans, observations, conferences, evidence and a summary of the evaluation; and

(b)An interview with the administrator and person who was evaluated.

6. If the school associate superintendent or administrator who supervises schools determines that an evaluation that was reviewed pursuant to subsection 5 was not conducted properly, the administrator who conducted the evaluation must conduct a review of all evaluations conducted for licensed educational personnel assigned to the relevant local school precinct or school during the previous school year.

7. A school associate superintendent or administrator who supervises schools who conducts a review pursuant to subsection 5 shall, on or before May 15 of each year, submit to the Superintendent of Public Instruction a report that:

(a)Verifies that a review was conducted pursuant to subsection 5;

(b)Describes the local school precincts or schools in which:

(1)Evaluations were properly conducted; and

(2)Evaluations were not properly conducted; and

(c)A plan of action for each administrator who did not properly conduct an evaluation.

8. As used in this section, “school associate superintendent” has the meaning ascribed to it in NRS 388G.550 .