Nevada § 391.820 - Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances

§ 391.820. Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances

Except as otherwise provided in NRS 391.717 : 1. A probationary employee is employed on a contract basis for three 1-year periods

and has no right to employment after any of the three probationary contract years. 2. The board shall notify each probationary employee in writing during the first,

second and third school years of the employee's probationary period whether the employee

is to be reemployed for the second or third year of the probationary period or for

the fourth school year as a postprobationary employee. Such notice must be provided: (a) On or before May 1; or (b) On or before May 15 of an odd-numbered year so long as the board notifies the

employee of the extension by April 1. 3. Failure of the board to notify the probationary employee in writing on or before

May 1 or May 15, as applicable, in the first or second year of the probationary period

does not entitle the employee to postprobationary status. 4. The employee must advise the board in writing during the first, second or third

year of the employee's probationary period of the employee's acceptance of reemployment. Such notice must be provided: (a) On or before May 10 if the board provided its notice on or before May 1; or (b) On or before May 25 if the board provided a notice of an extension pursuant to

paragraph (b) of subsection 2. 5. If a probationary employee is assigned to a school that operates all year, the

board shall notify the employee in writing, in the first, second and third years of

the employee's probationary period, no later than 45 days before his or her last day

of work for the year under his or her contract whether the employee is to be reemployed

for the second or third year of the probationary period or for the fourth school year

as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed

period in the first or second year of the probationary period does not entitle the

employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification

of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee's acceptance of reemployment pursuant

to this subsection constitutes rejection of the contract. 6. A probationary employee who: (a) Completes a 3-year probationary period; (b) Receives a designation of “highly effective” or “effective” on each of his or

her performance evaluations for 2 consecutive school years; and (c) Receives a notice of reemployment from the school district in the third year of

the employee's probationary period, is entitled to be a postprobationary employee in the ensuing year of employment. 7. If a probationary employee is notified that the employee will not be reemployed

for the school year following the 3-year probationary period, his or her employment

ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of

the reasons for that decision. 8. A new employee who is employed as an administrator to provide primarily administrative

services at the school level and who does not provide primarily direct instructional

services to pupils, regardless of whether the administrator is licensed as a teacher

or administrator, including, without limitation, a principal and vice principal, or

a postprobationary teacher who is employed as an administrator to provide those administrative

services shall be deemed to be a probationary employee for the purposes of this section

and must serve a 3-year probationary period as an administrator in accordance with

the provisions of this section. If: (a) A postprobationary teacher who is an administrator is not reemployed as an administrator

after any year of his or her probationary period; and (b) There is a position as a teacher available for the ensuing school year in the

school district in which the person is employed, the board of trustees of the school district shall, on or before May 1 or May 15,

as applicable, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10 or May 25, as

applicable. If the person fails to accept the contract as a teacher, the person shall be deemed

to have rejected the offer of a contract as a teacher. 9. An administrator who has completed his or her probationary period pursuant to subsection

8 and is thereafter promoted to the position of principal must serve an additional

probationary period of 1 year in the position of principal. If an administrator is promoted to the position of principal before completion of

his or her probationary period pursuant to subsection 8, the administrator must serve

the remainder of his or her probationary period pursuant to subsection 8 or an additional

probationary period of 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed

as a principal after the expiration of the probationary period or additional probationary

period, as applicable, the board of trustees of the school district in which the person

is employed shall, on or before May 1 or May 15, as applicable, offer the person a

contract for the ensuing school year for the administrative position in which the

person attained postprobationary status. The person may accept the contract in writing on or before May 10 or May 25, as

applicable. If the person fails to accept such a contract, the person shall be deemed to have

rejected the offer of employment.