AB 323 — Revises provisions relating to education. (BDR 34-114)

Existing law requires each postprobationary teacher to receive certain evaluations that are based upon a certain number of observation cycles of that teacher.

(NRS 391.690) Section 5.9 of this bill revises the circumstances under which a postprobationary teacher is required to, and may request to, be evaluated.

such a teacher to participate in an observation cycle or receive an evaluation;

or (2) conducting an observation cycle or evaluation of such a teacher without the consent of that teacher under certain circumstances.

Section 11 of this bill makes these provisions retroactively applicable to include evaluations received for the 2021- 2022 and 2022-2023 school years.

Section 10.1 of this bill makes an appropriation to the Department of Education pedagogy examinations required by section 10.3 of this act;

and (2) other personnel and legal costs to carry out the provisions of this bill.

Section 13 of this bill repeals provisions requiring:

(1) the development of learning goals for pupils;

(2) the establishment of assessments to measure pupil growth;

and (3) the evaluation of certain teachers and administrators to determine the extent to which learning goals were achieved.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- *AB323_R2* – 4 – 4.

8.and other licensed educational personnel which includes, without limitation:

Develop a strategic plan for the recruitment of teachers and other licensed educational personnel which includes, without limitation:

1.5.

NRS 391.011 is hereby amended to read as follows:

391.011 1.

The Commission on Professional Standards in Education, consisting of [eleven] 13 members appointed by the Governor, is hereby created.

Five members of the Commission must be teachers who teach in the classroom as follows:

(a) One who holds a license to teach secondary education and teaches in a secondary school.

(b) One who holds a license to teach middle school or junior high school education and teaches in a middle school or junior high school.

(c) One who holds a license to teach elementary education and teaches in an elementary school.

(d) One who holds a license to teach special education and teaches special education.

- *AB323_R2* – 5 – (e) One who holds a license to teach pupils in a program of early childhood education and teaches in a program of early childhood education.

3.

The remaining members of the Commission must include:

(a) One school counselor, psychologist, speech-language pathologist, audiologist, or social worker who is licensed pursuant to this chapter and employed by a school district or charter school.

(b) One administrator of a school who is employed by a school district or charter school to provide administrative service at an individual school.

Such an administrator must not provide service at the district level.

(c) The dean of the College of Education at one of the universities in the Nevada System of Higher Education, or a representative of one of the Colleges of Education nominated by such a dean for appointment by the Governor.

(d) The dean of the School of Education at Nevada State College, or a representative of the dean, or a representative of the Teacher Education Program at Great Basin College.

(e) The chief human resources officer or a representative of the department of human resources of a school district in which more than 40,000 pupils are enrolled.

(f) The chief human resources officer or a representative of the department of human resources of a school district in which 40,000 or fewer pupils are enrolled.

(g) One member who is the parent or legal guardian of a pupil enrolled in a public school.

[(e) One member who has expertise and experience in the operation of a business.

(f)] (h) One member who is the superintendent of schools of a school district.

4.

Three of the five appointments made pursuant to subsection 2 must be made from a list of names of at least three persons for each position that is submitted to the Governor by an employee organization representing the majority of teachers in the State who teach in the educational level from which the appointment is being made.

5.

The appointment made pursuant to:

(a) Paragraph (a) of subsection 3 must be made from a list of names of at least three persons that is submitted to the Governor by an employee organization representing the majority of school counselors, psychologists, speech-language pathologists, audiologists or social workers in this State who are not administrators.

(b) Paragraph (b) of subsection 3 must be made from a list of names of at least three persons that is submitted to the Governor by - *AB323_R2* – 6 – the organization of administrators for schools in which the majority of administrators of schools in this State have membership.

(c) Paragraphs (e), (f) and (h) of subsection 3 must be made from lists of names of persons submitted to the Governor by the Nevada Association of School Superintendents or its successor organization.

(d) Paragraph [(d)] (g) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Parent Teacher Association or its successor organization.

[(d) Paragraph (f) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Association of School Superintendents.] Sec.

1.8.

NRS 391.017 is hereby amended to read as follows:

391.017 1.

The Commission may meet at least once each month.

2.

A majority of the Commission constitutes a quorum for the transaction of business.

3.

The members of the Commission are entitled to the travel expenses and subsistence allowances provided by law for state officers and employees generally while attending meetings of the Commission.

4.

Any costs associated with employing a substitute teacher while a member of the Commission who is a teacher attends a meeting of the Commission must be:

(a) Paid by the school district or charter school that employs the member;

or (b) Reimbursed to the school district or charter school that employs the member by the organization that submitted the name of the member to the Governor for appointment pursuant to paragraph (a), (b) or [(c)] (d) of subsection 5 of NRS 391.011.

Sec.

2.

- *AB323_R1* – 4 – (a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses.

- *AB323_R2* – 7 – (I) Establish the requirements for approval as a qualified provider;

(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a - *AB323_R1* – 5 – licensed teacher who applies for an additional license in accordance with that section.

(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign - *AB323_R2* – 8 – Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.

(k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an - *AB323_R1* – 6 – accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

(m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school - *AB323_R2* – 9 – psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.

The regulations adopted by the Commission pursuant to subsection 1 must authorize an applicant to be exempt from any requirement to pass a competency test in basic reading, writing and mathematics if the applicant submits to the Department - *AB323_R1* – 7 – evidence that, after not passing a competency test in basic reading, writing and mathematics at the level of competence specified by the Commission, the applicant began and completed, with a grade of B or better, a course of study approved by the Department in each subject area of the competency test that the applicant did not pass at the level of competence specified by the Commission.

Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other - *AB323_R2* – 10 – examination for initial licensing required by the regulations adopted by the Commission.

The Commission shall adopt regulations requiring the Superintendent of Public Instruction to issue a provisional license to teach pending receipt of any academic transcripts of an applicant if:

(1) GraduatedHolds witha valid license or certificate to teach issued by another state for which completion of a bachelor’s or higher degree butand isprofessional awaitingeducation confermentcourse ofwork thethrough degree;a college - *AB323_R1* – 8 – or university accredited by a regional accrediting association is necessary;

If the licensed teacher is initially - *AB323_R2* – 11 – issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.

The students so assigned are employees of the school district or governing body of a charter school or university school for profoundly gifted pupils, as applicable, for purposes of - *AB323_R1* – 9 – NRS 41.038 and 41.039, while performing such authorized duties, whether or not the duties are performed entirely in the presence of the licensed teacher.

- *AB323_R2* – 12 – (b) “Postsecondary educational institution” has the meaning ascribed to it in NRS 394.099.

5.1.

NRS 391.460 is hereby amended to read as follows:

391.460 1.

The Council shall:

(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, 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, and other licensed educational personnel, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:

(1) Evaluated using multiple, fair, timely, rigorous and valid methods ;

[, which includes evaluations based upon pupil growth as required by NRS 391.465;] (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations;

and (3) Provided with the means to share effective educational methods with other teachers, administrators and other licensed educational personnel throughout this State.

(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.

(c) Consider the role of professional standards for teachers, administrators and other licensed educational personnel, 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 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.

2.

The performance evaluation system recommended by the Council must ensure that:

(a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers, administrators and other licensed educational personnel;

and - *AB323_R2* – 13 – (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

3.

The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

4.

The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

Sec.

5.3.

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.

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, 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.

(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 - *AB323_R2* – 14 – 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)] (d) 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)] (e) 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,  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)] (f) 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 - *AB323_R2* – 15 – 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.

Sec.

5.5.

NRS 391.470 is hereby amended to read as follows:

391.470 On or before August 1 of each year, the board of trustees of each school district shall submit a report to the State Board and the Teachers and Leaders Council of Nevada created by NRS 391.455 concerning the implementation and effectiveness of the process for peer observations of teachers set forth in the regulations adopted by the State Board pursuant to paragraph [(e)] (d) of subsection 2 of NRS 391.465, including, without limitation, any recommendations for revisions to the process of peer observations.

Sec.

5.7.

NRS 391.485 is hereby amended to read as follows:

391.485 1.

The State Board shall annually review the statewide performance evaluation system to ensure accuracy and reliability.

Such a review must include, without limitation, an analysis of the:

(a) Number and percentage of teachers, administrators and other licensed educational personnel who receive each designation identified in paragraph (a) of subsection 2 of NRS 391.465 in each school, school district, and the State as a whole;

and (b) [Data used to evaluate pupil growth in each school, school district and the State as a whole, including, without limitation, any observations;

and (c)] Effect of the evaluations conducted pursuant to the statewide system of accountability for public schools on the academic performance of pupils enrolled in the school district in each school and school district, and the State as a whole.

2.

The board of trustees of each school district shall annually review the manner in which schools in the school district carry out the evaluation of teachers, administrators and other licensed educational personnel pursuant to the statewide performance evaluation system.

3.

The Department may review the manner in which the statewide performance evaluation system is carried out by each school district .

[, including, without limitation, the manner in which - *AB323_R2* – 16 – the learning goals for pupils are established and evaluated pursuant to NRS 391.480.] Sec.

5.9.

NRS 391.690 is hereby amended to read as follows:

391.690 1.

If a postprobationary teacher receives an evaluation designating his or her overall performance as developing or ineffective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year which is based in part upon three observation cycles which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.685.

If a postprobationary teacher receives evidence from the first two observation cycles during the school year indicating that, unless his or her performance improves, his or her overall performance may be rated as developing or ineffective on the evaluation, the postprobationary teacher may request that the third observation cycle be conducted by another administrator.

If a postprobationary teacher requests that his or her third observation cycle be conducted by another administrator, that administrator must be:

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

and (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

2.

[If] Except as otherwise provided in subsection 3, if a postprobationary teacher receives an evaluation designating his or her overall performance as effective [,] or highly effective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year.

The evaluation must be based in part upon at least one scheduled observation cycle, which must occur within 120 days after the first day of instruction of the school year.

3.

If a postprobationary teacher receives an evaluation designating his or her overall performance as effective or highly effective for 2 consecutive [school years,] evaluations, the postprobationary teacher :

[must:] (a) [Participate] May request to participate in one observation cycle in the school year immediately following the school year in which the postprobationary teacher receives a second consecutive evaluation designating his or her performance as effective or highly effective .

[;

and] If a postprobationary teacher requests to participate in an observation cycle pursuant to this paragraph, the postprobationary teacher may receive one evaluation based in part upon the observation cycle conducted pursuant to this paragraph only upon the request of the postprobationary teacher.

- *AB323_R2* – 17 – (b) [Receive] Must receive one evaluation in the second school year immediately following the school year in which the postprobationary teacher [participated in the observation cycle pursuant to paragraph (a).] receives a second consecutive evaluation designating his or her performance as effective or highly effective.

The evaluation must be based in part upon at least one scheduled observation cycle, which must occur within 120 days after the first day of instruction of that school year.

4.

An administrator may not:

(a) Directly or indirectly threaten, intimidate, coerce, compel or otherwise require a postprobationary teacher to request or not to request to participate in an observation cycle or receive an evaluation pursuant to paragraph (a) of subsection 3;

or (b) Conduct an observation cycle or evaluation of a postprobationary teacher pursuant to paragraph (a) of subsection 3 without the consent of the postprobationary teacher.

Sec.

(Deleted by amendment.) - *AB323_R2**AB323_R1* – 1810 – Sec.

10.1.

1.

There is hereby appropriated from the State General Fund to the Department of Education for the costs of contracting with a qualified person to conduct the study required by section 10.3 of this act and personnel and legal expenses to carry out the provisions of this act the following sums:

For the Fiscal Year 2023-2024......................................$2,786 For the Fiscal Year 2024-2025..................................$200,000 2.

Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.

Sec.

Present its recommendations to the Senate and Assembly Standing CommitteesCommittee on Education during the 83rd Session of the Nevada Legislature;

The Department of Education and the Nevada SystemSys1.m Develop a plan to expand awareness of Higherand Educationeliminate shallbarriers jointly:for access to any scholarship programs that are intended to increase the number of persons licensed pursuant to chapter 391 of NRS;

1.

Develop a plan to expand awareness of and eliminate barriers for access to any scholarship programs that are intended to increase the number of persons licensed pursuant to chapter 391 of NRS;

10.9.

1.

The term of the member of the Commission on Professional Standards in Education appointed to the Commission pursuant to paragraph (e) of subsection 3 of NRS 391.011, as that section exists on June 30, 2024, expires on July 1, 2024.

2.

As soon as practicable after July 1, 2024, the Governor shall appoint to the Commission on Professional Standards in Education the members described in paragraphs (d), (e) and (f) of - *AB323_R2* – 19 – NRS 391.011, as amended by section 1.5 of this act.

In making those appointments, the Governor shall appoint members to staggered initial terms of 1, 2 and 3 years.

Sec.

The amendatory provisions of NRS 391.690, as amended by section 5.9 of this act, apply to any evaluation, observation cycle and other conduct of postprobationary teachers and administrators described in NRS 391.690, as amended by section 5.9 of this act, that occurs on or after July 1, 2021.

2.

As used in this section:

(a) “Evaluation” means an evaluation of a postprobationary teacher as described in NRS 391.690, as amended by section 5.9 of this act.

(b) “Observation cycle” means an observation cycle that a postprobationary teacher participates in or requests to participate in as described in NRS 391.690, as amended by section 5.9 of this act.

Sec.

12.

Any administrative regulations relating to learning goals or pupil growth which were adopted pursuant to NRS 391.480 by a regulatory body before July 1, 2023, and which conflict with or are inconsistent with the provisions of this act are void.

Sec.

13.

NRS 391.480 is hereby repealed.

Sec.

14.

1.

Sections 5.11 to 5.9,10.6, inclusive, 11, 12 and 13 of this act become effective:

and (b) On July 1, 2023, for all other purposes.

3.

Section 10.1 of this act becomes effective on July 1, 2023.

4.

Sections 1 to 10, inclusive, 10.3, 10.6 and 10.9 of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

H - *AB323_R2**AB323_R1* – 20 – TEXT OF REPEALED SECTION 391.480 Development of learning goals for pupils;

Department to establish list of assessments to measure achievement of learning goals;

evaluation of educational personnel based on achievement of learning goals;

regulations.

1.

Each teacher at a school in a school district shall, in consultation with the principal of the school at which the teacher is employed or other administrator who is assigned by the principal, develop learning goals for the pupils of the teacher for a specified period.

2.

Each principal, vice principal and other administrator who provides direct instructional services to pupils at a school in a school district shall, in consultation with his or her direct supervisor, principal, vice principal or other administrator, as applicable, is employed for a specified period.

3.

The Department shall establish a list of assessments that may be used by a school or school district to measure the achievement of learning goals established pursuant to this section.

4.

The board of trustees of each school district shall ensure that the learning goals for pupils established pursuant to this section measure pupil growth in accordance with the criteria established by regulation of the State Board.

5.

Each teacher and administrator who establishes learning goals for pupils pursuant to this section must be evaluated at the end goals of the pupils were achieved.

Such an evaluation must belearning conducted in accordance with the criteria established by regulation of the State Board for determining the level of pupil growth for the purposes of the statewide performance evaluation system.

The State Board may establish by regulation the manner in which to include certain categories of pupils in the evaluation conducted pursuant to this subsection.

H - *AB323_R2*