Nevada Code § 391.829

Authorization to place certain postprobationary administrators on probation; notice of placement; performance improvement plan; prohibition on reassignment or transfer of such administrators; exceptions; evaluation; additional probationary period; Department to provide support to certain school districts and charter schools
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1. The superintendent of schools of a
school district or the governing body of a charter school may place a
postprobationary administrator on probation for a period of 2 school years if,
based on the evaluation of the postprobationary administrator pursuant to NRS 391.710 , the superintendent or
governing body determines that the postprobationary administrator:
(a) Is consistently ineffective in meeting
instructional practice standards, pupil performance standards and classroom
management standards; or
(b) Fails to demonstrate adequate progress under
a performance improvement plan established pursuant to NRS 391.831 .
2. Upon placing a postprobationary
administrator on probation pursuant to subsection 1, the superintendent or
governing body shall give written notice to the postprobationary administrator
that the postprobationary administrator has been placed on probation pursuant
to this section. The written notice must contain an explanation of areas of
underperformance for which the postprobationary administrator has been placed
on probation pursuant to this section and a performance improvement plan
established pursuant to NRS 391.831 that
details the support and interventions that will be provided to the
postprobationary administrator.
3. Except as otherwise provided in this
subsection, during a period of probation imposed pursuant to this section, the
postprobationary administrator must not be reassigned or transferred to another
school in the school district or otherwise employed at another school or
charter school in the school district. The postprobationary administrator may
be reassigned or transferred during a period of probation imposed pursuant to
this section if the reassignment or transfer is required because of low
enrollment, program elimination or other district-wide or school-wide
operational needs. Any such transfer or reassignment must be made in accordance
with the policies and procedures of the school district or charter school, and
such reassignment or transfer must not conflict with the terms of the period of
probation imposed pursuant to this section.
4. Upon the conclusion of a period of
probation imposed pursuant to this section, the postprobationary administrator
must be evaluated to determine whether the postprobationary administrator has
met improvement goals. If, based on the evaluation, the postprobationary
administrator:
(a) Has met the improvement goals, the
postprobationary administrator must be removed from probation.
(b) Has shown improvement and progress toward
meeting the improvement goals, the period of probation imposed pursuant to this
section may be extended for 1 additional school year and the postprobationary
administrator must continue to receive support and monitoring under a
performance improvement plan established pursuant to NRS 391.831 .
(c) Has failed to make adequate progress toward
achieving the improvement goals, the postprobationary administrator may be
given notice pursuant to NRS 391.820 that the postprobationary administrator will not be reemployed or the
superintendent may initiate the process for dismissing the postprobationary
administrator pursuant to NRS 391.822 , 391.824 and 391.826 . A postprobationary administrator
who is not reemployed or for whom a process for dismissal is initiated pursuant
to NRS 391.822 , 391.824 and 391.826 may apply for another position
within the school district or charter school, as applicable.
5. A postprobationary administrator who is
placed on probation pursuant to this section shall be deemed a probationary
employee for the purposes of NRS 391.650 to 391.826 , inclusive, and must serve an
additional probationary period in accordance with the provisions of NRS 391.820 , except that the duration of
that period of probation must be determined in accordance with the provisions
of this section.
6. The postprobationary administrator
placed on probation pursuant to this section:
(a) Shall not be reemployed pursuant to NRS 391.820 or shall be dismissed pursuant
to NRS 391.822 , 391.824 and 391.826 if the postprobationary
administrator is determined to have failed to meet the objectives in the
performance improvement plan established for the postprobationary administrator
and the dismissal is in the best interest of the pupils and the school.
(b) May be reassigned or have any other
consequences imposed only if compelling evidence demonstrates extenuating
circumstances contributing to the underperformance and it is in the best
interest of the pupils in the school for the administrator to be reassigned or
have other consequences imposed.
7. The Department shall provide support to
a school district or charter school that does not reemploy or dismisses a
postprobationary administrator pursuant to subsection 6. Such support may
include, without limitation:
(a) Assistance in recruiting and hiring highly
effective administrators to fill any resulting vacancies; and
(b) Access to leadership and instructional
coaching resources to support school leadership in managing transitions and
improving instructional leadership practices.

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