Nevada Revised Statutes
Chapter 288 - Relations Between Governments and Public Employees
NRS 288.151 - Reduction in workforce of school district.

Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary:
1. Except as otherwise provided in subsections 2 to 6, inclusive, if the board of trustees of a school district determines that a reduction in the existing workforce of the licensed educational personnel in the school district is necessary, the decision to lay off a teacher or an administrator must be based solely on the overall performance of the teacher or administrator under the statewide performance evaluation system adopted by the State Board pursuant to NRS 391.465. When determining the manner in which to reduce the existing workforce, the board of trustees of a school district must lay off a teacher or administrator whose overall performance has been determined to be:
(a) Ineffective, before laying off a teacher or administrator whose overall performance has been determined to be developing, effective or highly effective;
(b) Developing, before laying off a teacher or administrator whose overall performance has been determined to be effective or highly effective; and
(c) Effective, before laying off a teacher or administrator whose overall performance has been determined to be highly effective.
2. Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of the licensed educational personnel in a school district beyond that made pursuant to subsection 1 is necessary, the board of trustees must lay off a teacher or administrator whose employment record includes:
(a) A criminal record that resulted in the suspension of the teacher or administrator; or
(b) Disciplinary action that resulted in the suspension of the teacher or administrator and that was uncontested or has been finally adjudicated;
before laying off a teacher or administrator whose employment record does not include such a record or disciplinary action.
3. The board of trustees shall lay off teachers or administrators whose employment records include disciplinary actions that resulted in the suspension of the teacher or administrator pursuant to subsection 2 in the order of severity of the disciplinary action, with those employees whose employment record includes more severe disciplinary action being laid off first.
4. Except as otherwise provided in subsection 6, if the board of trustees of a school district determines that a further reduction in the existing workforce of licensed educational personnel beyond that made pursuant to subsection 2 is necessary, the decision to lay off a teacher or administrator must be based on the following factors:
(a) Whether the teacher or administrator is employed in a position which is hard to fill;
(b) Whether the teacher or administrator has received a national board certification;
(c) The type of licensure held by the teacher or administrator; and
(d) The type of degree attained by the teacher or administrator and whether the degree is in a subject area that is related to his or her position.
5. If, after consideration of the factors described in subsections 1 to 4, inclusive, two or more teachers or administrators are similarly situated, the board of trustees of the school district may give preference to the more senior teacher or administrator.
6. The board of trustees of a school district is not required to take the actions described in subsections 1 to 4, inclusive, with regard to a teacher who teaches in a school in the district in a subject area for which there is a shortage of teachers, which may include, without limitation, science, technology, engineering, mathematics, special education and English as a second language.
(Added to NRS by 2011, 2295; A 2015, 3837; 2017, 2148)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 288 - Relations Between Governments and Public Employees

NRS 288.010 - Short title.

NRS 288.015 - Definitions.

NRS 288.020 - Definitions.

NRS 288.025 - "Administrative employee" defined.

NRS 288.027 - "Bargaining agent" defined.

NRS 288.028 - "Bargaining unit" defined.

NRS 288.029 - "Board" defined.

NRS 288.032 - "Collective bargaining" defined.

NRS 288.036 - "Commissioner" defined.

NRS 288.040 - "Employee organization" defined.

NRS 288.042 - "Executive Department" defined.

NRS 288.044 - "Fact-finding" defined.

NRS 288.048 - "Labor organization" defined.

NRS 288.050 - "Local government employee" defined.

NRS 288.060 - "Local government employer" defined.

NRS 288.065 - "Mediation" defined.

NRS 288.067 - "Recognition" defined.

NRS 288.074 - "Strike" defined.

NRS 288.075 - "Supervisory employee" defined.

NRS 288.077 - Employer authorized to enforce health and safety requirements notwithstanding protections for hair texture and protective hairstyles.

NRS 288.080 - Creation; number, qualifications, terms of office and appointment of members.

NRS 288.090 - Officers and employees; quorum; voting; limitations on certain meetings.

NRS 288.100 - Salary and expenses of members.

NRS 288.105 - Fees assessed against local government employers.

NRS 288.110 - Rules governing various proceedings and procedures; hearing and order; injunction; time for filing complaint or appeal; costs.

NRS 288.115 - Expedited review of complaints concerning rights of employees to express breast milk under certain circumstances.

NRS 288.120 - Subpoenas; powers of district court.

NRS 288.130 - Hearings and determinations are contested cases; judicial review.

NRS 288.131 - Definitions.

NRS 288.132 - "Administrative employee" defined.

NRS 288.133 - "Bargaining agent" defined.

NRS 288.134 - "Bargaining unit" defined.

NRS 288.136 - "Recognition" defined.

NRS 288.138 - "Supervisory employee" defined.

NRS 288.139 - Fees assessed against local government employers.

NRS 288.475 - Fees assessed by Board against Executive Department.

NRS 288.480 - Fees charged to Executive Department by Division of Human Resource Management of the Department of Administration.

NRS 288.140 - Right of employee to join or refrain from joining employee organization; exceptions; discrimination by employer prohibited; limitations on nonmember acting on own behalf; membership of law enforcement officer.

NRS 288.150 - Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining; matters reserved to employer without negotiation; reopening of collective bargaining agreement during period of fiscal emergency; terminat...

NRS 288.151 - Reduction in workforce of school district.

NRS 288.153 - Agreement must be approved at public hearing; publication of documents and materials by governing body; report of fiscal impact of agreement.

NRS 288.155 - Agreements may extend beyond term of member or officer of local government employer.

NRS 288.160 - Recognition of employee organization: Application for and withdrawal of recognition; exclusive bargaining agent; election.

NRS 288.161 - Local government employer to file list of recognized employee organizations with Board.

NRS 288.165 - Recognized employee organization to file annual report with Board.

NRS 288.170 - Determination of bargaining unit; appeal to Board.

NRS 288.180 - Notice by employee organization of desire to negotiate; request for information; commencement of negotiations; exemption.

NRS 288.190 - Mediation: Selection and duties of mediator; cost.

NRS 288.195 - Right of employee organization to be represented by attorney.

NRS 288.200 - Submission of dispute to fact finder: Selection, compensation and duties of fact finder; submission to second fact finder in certain circumstances; effect of findings and recommendations; criteria for recommendations and awards.

NRS 288.201 - Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.

NRS 288.202 - Formation of panel to determine whether findings and recommendations of fact finder are final and binding.

NRS 288.203 - Compensation of members of panel; claims.

NRS 288.205 - Submission of dispute between certain employees and local government employer to fact finder: Time limited for certain matters.

NRS 288.210 - Subpoenas of fact finder; powers of district court.

NRS 288.215 - Submission of dispute between firefighters or police officers and local government employer to arbitrator: Hearing; determination of financial ability of local government employer; negotiations and final offer; effect of decision of arb...

NRS 288.217 - Submission of dispute between school district and employee organization to arbitrator: Selection of arbitrator; hearing; determination of financial ability of school district; negotiations and final offer; effect of decision of arbitrat...

NRS 288.220 - Certain proceedings not required to be open or public.

NRS 288.230 - Legislative declaration; illegality of strikes.

NRS 288.240 - Injunctive relief against strike or threatened strike.

NRS 288.250 - Punishment of employee organization, officer or employee by court for commencement or continuation of strike in violation of order.

NRS 288.260 - Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order.

NRS 288.270 - Employer or representative; employee or employee organization.

NRS 288.280 - Controversies concerning prohibited practices to be submitted to Board.

NRS 288.620 - Types of prohibited practices; certain conduct deemed not to be failure to negotiate in good faith; applicability of certain decisions of Board.

NRS 288.625 - Complaints, investigations and hearings regarding prohibited practices; authorized actions by Board; injunctive relief; judicial review.

NRS 288.630 - Appointment of hearing officers to conduct hearings regarding prohibited practices; appeal of decision to Board; authorized actions by Board; injunctive relief; judicial review.

NRS 288.400 - Legislative findings and declarations.

NRS 288.405 - Definitions.

NRS 288.410 - "Arbitration" defined.

NRS 288.415 - "Bargaining unit" defined.

NRS 288.420 - "Confidential employee" defined.

NRS 288.425 - "Employee" defined.

NRS 288.430 - "Exclusive representative" defined.

NRS 288.435 - "Grievance" defined.

NRS 288.500 - Rights of employees; mutual obligations to meet and bargain in good faith; subjects of mandatory bargaining; matters reserved to Executive Department without negotiation; other authorized actions; furnishing data; applicability of certa...

NRS 288.505 - Requirements for collective bargaining agreements; procedures for grievances; rules governing conflicts between agreements and statutes and regulations.

NRS 288.510 - Authority of Governor regarding salaries, wages and other employee compensation included in proposed executive budget.

NRS 288.515 - Establishment of bargaining units; classifications of employees within bargaining units.

NRS 288.520 - Requirements for designating labor organization as exclusive representative for bargaining unit without holding election.

NRS 288.525 - Requirements for designating labor organization as exclusive representative for bargaining unit following election.

NRS 288.530 - Procedures for holding election to determine exclusive representative for bargaining unit.

NRS 288.535 - Duties of Board in presiding over election to determine exclusive representative for bargaining unit; objections to results of election; grounds for invalidating election.

NRS 288.540 - Duties of exclusive representative for bargaining unit; rights of employees and exclusive representative regarding grievances; labor organization may serve as exclusive representative for multiple bargaining units.

NRS 288.545 - Withholding from salary or wages to pay dues or fees to labor organization designated as exclusive representative for bargaining unit.

NRS 288.550 - Term of collective bargaining agreements; continuation of agreements beyond term under certain circumstances.

NRS 288.555 - Collective bargaining agreements must be approved by State Board of Examiners at public hearing.

NRS 288.560 - Effective date of provisions of collective bargaining agreements; exception for provisions that require legislative measure to be given effect; duty of Governor to request drafting of legislative measure.

NRS 288.565 - Duty of Governor to designate representative to negotiate collective bargaining agreements on behalf of Executive Department; time for conducting negotiations.

NRS 288.570 - Request for mediation if parties cannot reach collective bargaining agreements; time for conducting mediation.

NRS 288.575 - Discontinuance of mediation; selection of impartial arbitrator; time for conducting arbitration; procedures; payment of costs.

NRS 288.580 - Requirements and standards for decision of arbitrator; decision is final and binding.

NRS 288.585 - Supplemental bargaining.

NRS 288.590 - Certain proceedings not required to be open or public.

NRS 288.595 - Capacity to sue or be sued; court actions and proceedings; jurisdiction; limitations on liability.

NRS 288.700 - Legislative findings and declaration; illegality of strikes.

NRS 288.705 - Injunctive relief against strike or threatened strike.

NRS 288.710 - Punishment of employee organization, labor organization, officer or employee by court for commencement or continuation of strike in violation of order.

NRS 288.715 - Punishment of employee by employer for commencement or continuation of strike or violation in violation of court’s order.