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)