AB 320 — Revises provisions relating to the statewide performance evaluation system. (BDR 34-1016)

2.If any appointed member of the Council ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the appointing authority shall appoint a replacement for the remainder of the unexpired term.

After the initial terms, each appointed member of the Council serves a term of 3 years commencing on July 1 and may be reappointed to one additional 3-year term following his or her initial term.

If any appointed member of the Council ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the appointing authority shall appoint a - *AB320_R2* – 6 – replacement for the remainder of the unexpired term.

Nine members of the Council constitute a - 79th Session (2017) – 6 – quorum, and a quorum may exercise all the power and authority conferred on the Council.

Members of the Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vicevi(1) principalEvaluated are:using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil [achievement data] growth as required by NRS 391.465;

(1) Evaluated using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil [achievement data] growth as required by NRS 391.465;

- *AB320_R2* – 7 – (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

- 79th Session (2017) – 7 – (c) Consider the role of professional standards for teachers and administrators to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

(d) Develop and recommend to the State Board a process for peer [evaluations] 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.

Sec.391.465 N1.

2.The.465 StaterebBoardndedshall,adbasedollupon 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.

NRS 391.465 is hereby amended to read as follows:

391.465 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.

- *AB320_R2* – 8 – (3) [Minimally effective;] Developing;

- 79th Session (2017) – 8 – (b) Include the criteria for making each designation identified in paragraph (a).

(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 [achievement data] growth, as determined pursuant to section 1.1 of this act, account for [at least] 40 percent of the evaluation.

and (2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least 20 percent of the evaluation.

[(f)] (e) Include a process for peer [evaluations] 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 thethens, teacher and providing information and resources to the teacher about strategies for effective teaching.

The board of trustees of a school district may select one or more of the assessments designated by the State Board to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment to determine pupil achievementachievement. - *AB320_R2* – 9 – 4.] 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- application79th mustSession be(2017) in– the9 form– prescribed4.] byA school district may apply to the State Board andto mustuse include,a withoutperformance limitation,evaluation asystem descriptionand oftools that are different than the evaluation system and tools proposedprescribed pursuant to besubsection used1. by the school district.

The Stateapplication Boardmust maybe approvein the useform ofprescribed by the proposedState evaluationBoard system and tools if it determines that the proposed evaluation system and tools applyproposed standards and indicators that are equivalent to thosebe prescribedused by the Stateschool Board.district.

Then 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.

The evaluation must be based in part upon at least three scheduled observations of the teacher during the first school year of his or her probationary period as follows:

the first school (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

(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 - 79th Session (2017) – 10 – observations of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

- *AB320_R2* – 10 – (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 of the teacher which must occur within 120 days after the first day of instruction of the school year.

If a postprobationary teacher requests that his oradministrator hermust thirdbe:on observation be conducted by another administrator, that administrator(a) mustEmployed be:by the school district or, if the school district has five or fewer administrators, employed by another school district in this State;

(a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State;

If a postprobationary teacher receives an evaluation designating his or her overall performance as effective , [or] , the postprobationary teacher must receive one evaluation in the immediately succeeding school year.

If a postprobationary teacher receives an evaluation designating his or her overall performance as highly effective [,] - 79th Session (2017) – 11 – for 2 consecutive school years, the postprobationary teacher must [receive] :

(a) Participate in one observation cycle in the school year immediately following the school year in which the - *AB320_R2* – 11 – postprobationary teacher receives a second consecutive evaluation designating his or her performance as highly effective;

andanduation (b) Receive one evaluation in the [immediately succeeding] 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 , which must occur within 120 days after the first day of instruction of [the] that school year.

If a probationary administrator receives an evaluation designating his or her overall performance as effective or highly effective:eff(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 observations of the administrator which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

(a)(b) During the first and second school year of his or her probationary period, the evaluation during the secondthird school year of the probationary period must be based in part upon at least twoone scheduled observationsobservation of the administrator which must occur within thedays timesafter specifiedthe infirst paragraphsday (b)of andinstruction (c) of subsectionthe 1.school year.

(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 of the administrator which must occur within 120 days after the first day of instruction of the school year.

If a probationary administrator receives an evaluation designating his or her overall performance as [minimally effective] developing or ineffective during the first or second school year of the probationary period, the probationary administrator must receive - 79th Session (2017) – 12 – one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1.

- *AB320_R2* – 12 – Sec.

If a postprobationary administrator receives an evaluation designating his or her overall performance as [minimally effective] developing or ineffective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.705.

and - 79th Session (2017) – 13 – (b) Receive one evaluation in the [immediately succeeding] 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 , which must occur within 120 days after the first day of instruction of [the] that school year.

- *AB320_R2* – 13 – Sec.

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.”per(b) (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

- 79th Session (2017) – 14 – 3.

If a probationary teacher or probationary 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 or probationary administrator in improving his or her performance.

-or *AB320_R2*probationary – 14 – Sec.

Except as otherwise provided in subsections 2 to 6, inclusive, if the board of trustees of a school district determines that a reduction in the existing workforce of the licensed educational personnel in the school district is necessary, the decision to lay off a teacher or an administrator must be based solely on the overall performance of the teacher or administrator under the statewide performance evaluation system adopted by the State Board pursuant to NRS 391.465.

When determining the manner in which to reducereduceant the existing workforce, the board of trustees of a school district must lay off a teacher or administrator whose overall performance has been determined to be:

Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the - 79th Session (2017) – 15 – existing workforce of the licensed educational personnel in a school district beyond that made pursuant to subsection 1 is necessary, the board of trustees must lay off a teacher or administrator whose employment record includes:

(a) A criminal record that resulted in the suspension of the teacher or administrator;

orort -resulted *AB320_R2*in –the 15suspension –of the (b) Disciplinary action that resulted in the suspension of the teacher or administrator and that was uncontested or has been finally adjudicated;

and (d) The type of degree attained by the teacher or administrator and whether the degree is in a subject area that is related to his or her position.

If, after consideration of the factors described in subsections 1 to 4, inclusive, two or more teachers or administrators are similarly situated, the board of trustees of the school district may give preference to the more senior teacher or administrator.

Notwithstanding the provisions of paragraph (c) of subsection 2 of NRS 391.465, as amended by section 2 of this act, - 79th Session (2017) – 16 – for the 2017-2018 school year, pupil growth, as determined pursuant to section 1.1 of this act, must account for 20 percent of the evaluation of an employee pursuant to that section.

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