Current through February 27, 2024
1. The principal of a local school precinct:
(a) Shall select teachers for the local
school precinct pursuant to subsection 2 of
NRS
388G.610 who, as determined by the principal,
meet the needs of the local school precinct pursuant to the plan of operation
for the local school precinct.
(b)
May select teachers for the local school precinct who are not in good standing
if the principal determines that the selection of such a teacher is necessary
to carry out the plan of operation for the local school precinct.
(c) May select substitute teachers for the
local school precinct only if the principal:
(1) Determines that the selection of such a
teacher is necessary to carry out the plan of operation for the local school
precinct, including, without limitation, the staffing of the local school
precinct as described in the plan of operation;
(2) Does not engage in discrimination on the
basis of race, religion, color, national origin, disability, sexual
orientation, gender identity or expression, ancestry, familial status, age or
sex in making such a selection; and
(3) Complies with the procedures established
by the large school district pursuant to subsection 3.
2. A large school district shall
provide each principal of a local school precinct access to the current
electronic human resources system of the school district which, at a minimum,
allows each principal seeking to fill a vacant position to create and view a
list of all licensed teachers who are employed by the school district and
eligible to fill the vacant position. The list must include, without
limitation, the contact information of each teacher and a designation of
whether each teacher is in good standing.
3. A large school district shall establish
procedures for the selection of a substitute teacher by the principal of a
local school precinct. Such procedures must include, without limitation,
requirements that each principal:
(a)
Demonstrate and retain records documenting that the principal has selected
teachers in good standing for the local school precinct to the greatest extent
possible.
(b) Demonstrate and
retain records documenting all reasons, pursuant to the plan of operation for
the local school precinct, that a teacher in good standing was not selected, if
such a teacher was available for selection. For the purposes of this paragraph,
a principal may not use financial savings as a reason not to select a teacher
in good standing.
(c) Actively
monitor each substitute teacher who was selected to fill a vacancy at the local
school precinct.
(d) Ensure that a
person holding a special license as an emergency substitute teacher issued
pursuant to NAC 391.0896 fills a vacancy in the local school precinct only if a
licensed teacher, including a substitute teacher, is not available to fill the
vacancy.
4. If the
principal of the local school precinct fails to demonstrate that teachers in
good standing have been selected to fill vacancies at the local school precinct
to the greatest extent possible, a large school district may place a teacher in
good standing in a position which is vacant or for which a substitute teacher
was selected at the local school precinct.
5. A large school district shall provide a
report to the Board on or before June 30 and December 30 of each year which
includes, without limitation, for the time period since the previous report,
for each vacancy at a local school precinct for which a substitute teacher was
selected:
(a) The number of teachers in good
standing and not in good standing who were available to be selected for the
vacancy;
(b) The number of teachers
in good standing and not in good standing who were interviewed for the
vacancy;
(c) All reasons that a
teacher in good standing was not selected for the vacancy; and
(d) All justifications used for selecting a
substitute teacher for the vacancy.
6. As used in this section:
(a) "Active discipline" means a written
warning, admonition, suspension or dismissal, including any such action which
is subject to a dispute regarding an interpretation, application or alleged
violation of any provision of a collective bargaining agreement, which has been
made within:
(1) The 2 years and 1 day
immediately preceding the date on which a determination is made as to whether a
teacher is in good standing; or
(2)
The 3 years and 1 day immediately preceding the date on which a determination
is made as to whether a teacher is in good standing, if another action was made
within the 2 years immediately preceding the date of the most recent
action.
(b) "In good
standing" means a teacher who:
(1) Holds a
valid license issued pursuant to chapter 391 of NRS;
(2) Has received an overall performance
rating of highly effective or effective under the statewide performance
evaluation system established by the Board pursuant to NRS 391.465 for the most
recent school year or, if the teacher is a probationary employee, as defined in
NRS
391.650, on an initial term of probation, a
rating of highly effective, effective or developing;
(3) Has no active discipline in his or her
personnel file;
(4) Has had fewer
than 10 absences for reasons other than documented medical reasons during the
last school year; and
(5) Is not
prohibited from employment pursuant to NRS 391.850 to
391.930,
inclusive.
(c)
"Substitute teacher" means a person who holds an endorsement as a substitute
teacher on a special license or a provisional special license issued pursuant
to subsection 2 of NAC 391.0897, and who does not hold any additional valid
license described in paragraph (a) of subsection 1 of NAC 391.0897.
Added
to NAC by Bd. of Education by
R063-22A,
eff. 9/8/2022
NRS 388G.590
