Nevada § 391.1605 - Determination of salaries: Use of testing as factor in vertical promotion; appeals; prohibited acts; exception

§ 391.1605. Determination of salaries: Use of testing as factor in vertical promotion; appeals; prohibited acts; exception

1. Except as otherwise provided in subsection 4, notwithstanding the provisions of

any collective bargaining agreement to the contrary, if the superintendent of schools

or the board of trustees of a school district includes testing as a factor in a decision

regarding the vertical promotion of an employee: (a) The testing must be conducted by a third party which is independent from the superintendent

or the board of trustees, as applicable. (b) A third party which conducts a test must send to each employee who takes the test

a confidential electronic mail message which contains the employee's test score. The third party must send an employee's test score to the employee and the superintendent

or the board of trustees at the same time. (c) The superintendent or the board of trustees, as applicable, shall not produce

a list of the employees who took the test, ranked in order of their test scores, until

after the third party which conducted the test has sent each employee his or her test

score pursuant to paragraph (b). (d) An employee who is aggrieved by his or her test score may appeal the testing process. 2. During the appeal process authorized by paragraph (d) of subsection 1: (a) The employee who appeals the testing process is entitled to see: (1) How his or her test was graded; and (2) The questions which the employee answered incorrectly. (b) The superintendent or the board of trustees, as applicable, shall ensure that

the employee was ranked properly based on the employee's test score. 3. A person who tampers with the score of a test taken by an employee is guilty of

a category E felony and shall be punished as provided in NRS 193.130 . 4. The provisions of this section do not apply to a district or school department

that has less than 200 employees. 5. As used in this section, “ test ” and “ testing ” includes, without limitation, a written test, oral board or any other form or format

of test of knowledge, skills, achievement or aptitude.