NRS391.3125. Policy for evaluations of licensed educational personnel; number of evaluations and observation schedule; request by postprobationary teacher for another evaluator; recommendations and assistance for employee; copy of evaluation.

      1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers and other licensed personnel in each school district.

      2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations in narrative form. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy must set forth a means according to which an employee’s overall performance is determined to be highly effective, effective, minimally effective or ineffective. Except as otherwise provided in subsection 9, the policy must require that pupil achievement data, as prescribed by the State Board pursuant to NRS 391.465, account for at least 50 percent of the evaluation. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. In a similar manner, counselors, librarians and other licensed personnel must be evaluated. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

      3.  The person charged with the evaluation of a teacher pursuant to this section shall hold a conference with the teacher before and after each scheduled observation of the teacher during the school year.

      4.  A probationary teacher must be evaluated three times during each school year of his or her probationary employment. Each evaluation must include at least one scheduled observation of the teacher during the school year as follows:

      (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      5.  If a postprobationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary teacher must be evaluated three times in the immediately succeeding school year in accordance with the observation schedule set forth in subsection 4. If a postprobationary teacher is evaluated three times in a school year and he or she receives an evaluation designating his or her overall performance as minimally effective or ineffective on the first or second evaluation, or both evaluations, the postprobationary teacher may request that the third evaluation be conducted by another administrator. If a postprobationary teacher requests that his or her third evaluation be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

      6.  If a postprobationary teacher receives an evaluation designating his or her overall performance as effective, the postprobationary teacher must be evaluated one time in the immediately succeeding school year. The evaluation must include at least two scheduled observations as follows:

      (a) The first scheduled observation must occur within 80 days after the first day of instruction of the school year; and

      (b) The second scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      7.  If a postprobationary teacher receives an evaluation designating his or her overall performance as highly effective, the postprobationary teacher must be evaluated one time in the immediately succeeding school year. The evaluation must include at least one scheduled observation which must occur within 120 days after the first day of instruction of the school year.

      8.  The evaluation of a probationary teacher or a postprobationary teacher pursuant to this section must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:

      (a) An evaluation of the instructional practice of the teacher in the classroom;

      (b) An evaluation of the professional responsibilities of the teacher to support learning and promote the effectiveness of the school community;

      (c) Except as otherwise provided in subsection 9, an evaluation of the performance of pupils enrolled in the school;

      (d) An evaluation of whether the teacher employs practices and strategies to involve and engage the parents and families of pupils in the classroom;

      (e) Recommendations for improvements in the performance of the teacher;

      (f) A description of the action that will be taken to assist the teacher in the areas of instructional practice, professional responsibilities and the performance of pupils; and

      (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

      9.  The evaluation of a probationary teacher in his or her initial year of employment as a probationary teacher must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.3129.

      10.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to improve his or her performance based upon the recommendations reported in the evaluation of the teacher.

      (Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150)