Union lobbyists try to temper teacher firing bills

CARSON CITY -- Nevada State Education Association lobbyists sought to temper two Democrat-sponsored bills that would make it easier for school districts to fire under-performing, probationary employees.

Lobbyist Craig Stevens told the Senate Education Committee on Monday that a provision in Assembly Bill 229 would permit the firing of a teacher on a Friday who had been accused of wrongdoing on a Thursday.

"If someone is accused of stealing money out of a student fund, then they should have the right to defend themselves against their accuser," Stevens said. "This bill takes that away."

Dismissing teachers on unproven charges could end their careers, he said. Before that happens, the probationary employee in question should be given the "due process" rights of defending themselves, Stevens added.

The Assembly has OK'd the measure, by a 33-9 vote.

The major provisions of AB229 and a companion bill, AB225, would give newly hired teachers and administrators a third year of probationary status.

During that time, they could not be fired for unsatisfactory performance in their first two years on the job. The union also wants to require school districts to give more help to struggling probationary teachers.

Teachers now are entitled to receive unsatisfactory evaluations for no more than two years unless their dismissals are waived by the district superintendent.

Under AB229, a merit pay system for good teachers also would be created.

No action was taken on the bills during the hearing, in which dozens of witnesses gave their support. The bills will be considered again Wednesday by the committee.

The state's major chambers of commerce differed on the bills.

George Ross, a Las Vegas Chamber of Commerce lobbyist, applauded the bills, calling them a "major step toward improving education in the state."

But Tray Abney, a Reno-Sparks chamber lobbyist, said adding a third year to the probationary period of teachers was "just too long."

After Stevens contended one of the bills would allow a teacher accused of stealing to be fired "at will," Sen. Greg Brower, R-Reno, challenged his assumption.

"We can't assume a principal will fire a good teacher for no good reason," he said. "We have to assume (they) are rational."

But Jim Penrose, a lawyer who often represents the NSEA, said that, unfortunately, a few teachers each year are "dismissed for trivial reasons."

Nevada is a right-to-work state where any employee -- except those covered by union contracts or whose civil rights have been violated -- can be fired for any reason, or no reason at all, without any appeals. The state Supreme Court has upheld that law.

Clark County School District Associate Superintendent Joyce Haldeman called the bills a step in the right direction but requested a change in language regarding the steps school districts take before laying off teachers.

She said having a "criminal record," along with an "unsatisfactory evaluation," should be factors when a school district considers layoffs.

Haldeman said teachers with criminal records would not be hired, but school districts "may not be able to fire them" if they commit crimes after they have been hired.

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.