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;
Ê 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.

Source: Section 288.151 — Reduction in workforce of school district., https://www.­leg.­state.­nv.­us/NRS/NRS-288.­html#NRS288Sec151.

288.140
Right of employee to join or refrain from joining employee organization
288.150
Negotiations by employer with recognized employee organization: Subjects of mandatory bargaining
288.151
Reduction in workforce of school district.
288.153
Agreement must be approved at public hearing
288.155
Agreements may extend beyond term of member or officer of local government employer.
288.160
Recognition of employee organization: Application for and withdrawal of recognition
288.161
Local government employer to file list of recognized employee organizations with Board.
288.165
Recognized employee organization to file annual report with Board.
288.170
Determination of bargaining unit
288.180
Notice by employee organization of desire to negotiate
288.190
Mediation: Selection and duties of mediator
288.195
Right of employee organization to be represented by attorney.
288.200
Submission of dispute to fact finder: Selection, compensation and duties of fact finder
288.201
Request for formation of panel to determine whether findings and recommendations of fact finder are final and binding.
288.202
Formation of panel to determine whether findings and recommendations of fact finder are final and binding.
288.203
Compensation of members of panel
288.205
Submission of dispute between certain employees and local government employer to fact finder: Time limited for certain matters.
288.210
Subpoenas of fact finder
288.215
Submission of dispute between firefighters or police officers and local government employer to arbitrator: Hearing
288.217
Submission of dispute between school district and employee organization to arbitrator: Selection of arbitrator
288.220
Certain proceedings not required to be open or public.
Last Updated

Feb. 5, 2021

§ 288.151’s source at nv​.us