NRS 391.827 Authorization to place certain postprobationary teachers on probation; notice of placement; performance improvement plan; prohibition on reassignment or transfer of such teachers; exceptions; evaluation; additional probationary period; Department to provide support to certain school districts and charter schools.

740 words·~3 min read·/nv/chapter-391-personnel/391-827

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

1. The superintendent of schools of a school district or executive director of a charter school may place a postprobationary teacher on probation for a period of 2 school years if, based on the evaluation of the postprobationary teacher pursuant to NRS 391.690 , the superintendent or executive director determines that the postprobationary teacher:

(a)Is consistently ineffective in meeting instructional practice standards, pupil performance standards and classroom management standards; or

(b)Fails to demonstrate adequate progress under a performance improvement plan established pursuant to NRS 391.828 .

2. Upon placing a postprobationary teacher on probation pursuant to subsection 1, the superintendent shall give written notice to the postprobationary teacher that the postprobationary teacher has been placed on probation pursuant to this section. The written notice must contain an explanation of areas of underperformance for which the postprobationary teacher has been placed on probation pursuant to this section and a performance improvement plan established pursuant to NRS 391.828 that details the support and interventions that will be provided to the postprobationary teacher.

3. Except as otherwise provided in this subsection, during a period of probation imposed pursuant to this section, the postprobationary teacher must not be reassigned or transferred to another school in the school district or charter school or otherwise employed at another school in the school district or charter school. The postprobationary teacher may be reassigned or transferred during a period of probation imposed pursuant to this section if the reassignment or transfer is required because of low enrollment, program elimination or other district-wide or school-wide operational needs.

Any such transfer or reassignment must be made in accordance with the policies and procedures of the school district or charter school, and such reassignment or transfer must not conflict with the terms of the period of probation imposed pursuant to this section.

4. Upon the conclusion of a period of probation imposed pursuant to this section, the postprobationary teacher must be evaluated to determine whether the postprobationary teacher has met improvement goals. If, based on the evaluation, the postprobationary teacher:

(a)Has met the improvement goals, the postprobationary teacher must be removed from probation.

(b)Has shown improvement and progress toward meeting the improvement goals, the period of probation imposed pursuant to this section may be extended for 1 additional school year and the postprobationary teacher must continue to receive support and monitoring under a performance improvement plan established pursuant to NRS 391.828 .

(c)Has failed to make adequate progress toward achieving the improvement goals, the postprobationary teacher may be given notice pursuant to NRS 391.820 that the postprobationary teacher will not be reemployed or the superintendent or executive director may initiate the process for dismissing the postprobationary teacher pursuant to NRS 391.822 , 391.824 and 391.826 .

5. A postprobationary teacher who is placed on probation pursuant to this section shall be deemed a probationary employee for the purposes of NRS 391.650 to 391.826 , inclusive, and must serve an additional probationary period in accordance with NRS 391.820 , except that the duration of that probationary period must be determined in accordance with the provisions of this section.

6. The postprobationary teacher placed on probation pursuant to this section:

(a)Shall not be reemployed pursuant to NRS 391.820 or shall be dismissed pursuant to NRS 391.822 , 391.824 and 391.826 if the postprobationary teacher is determined to have failed to meet the objectives in the performance improvement plan established for the postprobationary teacher and the dismissal is in the best interest of the pupils and the school.

(b)May be reassigned or have any other consequences imposed only if compelling evidence demonstrates extenuating circumstances contributing to the underperformance and it is in the best interest of the pupils in the school for the teacher to be reassigned or have other consequences imposed.

7. The Department shall provide support to a school district or charter school that does not reemploy or dismisses a postprobationary teacher pursuant to subsection 6. Such support may include, without limitation:

(a)Assistance in recruiting and hiring highly effective teachers to fill any resulting vacancies; and

(b)Access to leadership and instructional coaches to support school leadership in managing transitions and improving teaching practices.