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
Chapter 288 - Relations Between Governments and Public Employees
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 288.080 - 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 288.120 - Subpoenas; powers of district court.
NRS 288.130 - Hearings and determinations are contested cases; judicial review.
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 288.151 - Reduction in workforce of school district.
NRS 288.155 - Agreements may extend beyond term of member or officer of local government employer.
NRS 288.165 - Recognized employee organization to file annual report with Board.
NRS 288.170 - Determination of bargaining unit; appeal to Board.
NRS 288.190 - Mediation: Selection and duties of mediator; cost.
NRS 288.195 - Right of employee organization to be represented by attorney.
NRS 288.203 - Compensation of members of panel; claims.
NRS 288.210 - Subpoenas of fact finder; powers of district court.
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 288.270 - Employer or representative; employee or employee organization.
NRS 288.280 - Controversies concerning prohibited practices to be submitted to Board.
NRS 288.400 - Legislative findings and declarations.
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 288.580 - 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 288.700 - Legislative findings and declaration; illegality of strikes.
NRS 288.705 - Injunctive relief against strike or threatened strike.