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 employees test score. The third party must send an employees 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 employees 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.
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