USA Statutes : nevada
Title : Title 34 - EDUCATION
Chapter : CHAPTER 391 - PERSONNEL
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 391.005
and 391.008 have the meanings ascribed to them in those
sections.
(Added to NRS by 2003, 19th Special Session, 69 )
“Commission” means the
Commission on Professional Standards in Education.
(Added to NRS by 1987, 994; A 2003, 19th Special Session, 70 )
1. “Paraprofessional” means a person who is employed by and
assigned by a school district or charter school to:
(a) Provide one-on-one tutoring for a pupil;
(b) Assist with the management of a classroom, including, without
limitation, organizing instructional materials;
(c) Provide assistance in a computer laboratory;
(d) Conduct parental involvement activities in conjunction with one
or more duties set forth in this subsection;
(e) Provide support in a library or media center;
(f) Except as otherwise provided in subsection 2, provide services
as a translator; or
(g) Provide instructional services to pupils under the direct
supervision of a licensed teacher.
2. The term “paraprofessional” does not include a person who:
(a) Is proficient in the English language and a language other than
English and who provides services as a translator primarily to enhance
the participation of children in programs that are financially supported
pursuant to the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et
seq.
(b) Solely conducts parental involvement activities.
(Added to NRS by 2003, 19th Special Session, 69 )
COMMISSION ON PROFESSIONAL STANDARDS IN EDUCATION
1. The Commission on Professional Standards in Education,
consisting of nine members appointed by the Governor, is hereby created.
2. Four members of the Commission must be teachers who teach in
the classroom as follows:
(a) One who teaches in a secondary school.
(b) One who teaches in a middle school or junior high school.
(c) One who teaches in an elementary school.
(d) One who teaches special education.
3. The remaining members of the Commission must include:
(a) One counselor or psychologist employed by a school district.
(b) Two administrators of schools, at least one of whom must be a
principal of a school.
(c) The dean of the College of Education at one of the universities
in the Nevada System of Higher Education, or a representative of one of
the Colleges of Education nominated by such a dean for appointment by the
Governor.
(d) One member who is a representative of the general public.
4. The appointments of a counselor, the administrators and three
of the four teachers must be made from a list of names of at least three
persons for each position that is submitted to the Governor:
(a) For the counselor and teachers, by an employee organization
representing the majority of counselors and the majority of teachers in
the State of Nevada who teach in the educational level from which the
appointment is being made; or
(b) For administrators, by an organization of administrators for
schools in which the majority of administrators of schools in this State
have membership.
5. One member of the Commission who is a teacher, administrator,
counselor or psychologist must be employed by a private school licensed
pursuant to chapter 394 of NRS.
(Added to NRS by 1987, 994; A 1991, 2378; 1993, 339; 1997, 1115)
No member of
the Commission who is a teacher, counselor, administrator or
representative of the general public may serve more than two terms.
(Added to NRS by 1987, 995)
1. The Commission shall elect one of its members as President, to
serve at the pleasure of the Commission.
2. The Superintendent of Public Instruction or his designee shall
serve as the nonvoting Secretary to the Commission. The Secretary shall
coordinate the activities of the Commission.
(Added to NRS by 1987, 995)
1. The Commission may meet at least once each month.
2. A majority of the Commission constitutes a quorum for the
transaction of business.
3. The members of the Commission are entitled to the travel
expenses and subsistence allowances provided by law for state officers
and employees generally while attending meetings of the Commission.
(Added to NRS by 1987, 995)
1. Except as otherwise provided in NRS 391.027 , the Commission:
(a) Shall adopt regulations:
(1) Prescribing the qualifications for licensing teachers
and other educational personnel, including, without limitation, the
qualifications for a license to teach middle school or junior high school
education, and the procedures for the issuance and renewal of such
licenses.
(2) Identifying fields of specialization in teaching which
require the specialized training of teachers.
(3) Except as otherwise provided in NRS 391.125 , requiring teachers to obtain from the
Department an endorsement in a field of specialization to be eligible to
teach in that field of specialization.
(4) Setting forth the educational requirements a teacher
must satisfy to qualify for an endorsement in each field of
specialization.
(5) Setting forth the qualifications and requirements for
obtaining a license or endorsement to teach American Sign Language,
including, without limitation, being qualified to engage in the practice
of interpreting pursuant to subsection 3 of NRS 656A.100 .
(6) Except as otherwise authorized by subsection 4 of NRS
656A.100 , requiring teachers and
other educational personnel to satisfy the qualifications set forth in
subsection 3 of NRS 656A.100 if they:
(I) Provide instruction or other educational services;
and
(II) Concurrently engage in the practice of
interpreting, as defined in NRS 656A.060 .
(7) Providing for the issuance and renewal of a special
qualifications license to an applicant who holds a master’s degree or a
doctoral degree from an accredited degree-granting postsecondary
educational institution in a field for which the applicant will provide
instruction in a classroom and who has:
(I) At least 2 years of experience teaching at an
accredited degree-granting postsecondary educational institution in a
field for which the applicant will provide instruction in a classroom and
at least 3 years of experience working in that field; or
(II) At least 5 years of experience working in a field
for which the applicant will provide instruction in a classroom.
(8) Requiring an applicant for a special qualifications
license to:
(I) Pass each examination required by NRS 391.021
for the specific subject or subjects in
which the applicant will provide instruction; or
(II) Hold a valid license issued by a professional
licensing board of any state that is directly related to the subject area
of the master’s degree or doctoral degree held by the applicant.
(9) Setting forth the subject areas that may be taught by a
person who holds a special qualifications license, based upon the subject
area of the master’s degree or doctoral degree held by that person.
(10) Providing for the issuance of a license to teach to a
person who:
(I) Holds a graduate degree from an accredited college
or university in the field for which he will be providing instruction;
(II) Is not licensed to teach public school in another
state;
(III) Has at least 5 years of experience teaching with
satisfactory evaluations at a school that is accredited by a national or
regional accrediting agency recognized by the United States Department of
Education; and
(IV) Submits proof of participation in a program of
student teaching or mentoring or agrees to participate in a program of
mentoring for the first year of his employment as a teacher with a school
district or charter school.
Ê An applicant for licensure pursuant to this subparagraph is exempt from
each examination required by NRS 391.021 if the applicant successfully passed the
examination in another state.
(b) May adopt such other regulations as it deems necessary for its
own government or to carry out its duties.
2. Any regulation which increases the amount of education,
training or experience required for licensing:
(a) Must, in addition to the requirements for publication in
chapter 233B of NRS, be publicized before
its adoption in a manner reasonably calculated to inform those persons
affected by the change.
(b) Must not become effective until at least 1 year after the date
it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the
regulation becomes effective.
3. A person who is licensed pursuant to subparagraph (7) or (10)
of paragraph (a) of subsection 1:
(a) Shall comply with all applicable statutes and regulations.
(b) Except as otherwise provided by specific statute, is entitled
to all benefits, rights and privileges conferred by statutes and
regulations on licensed teachers.
(c) Except as otherwise provided by specific statute, if he is
employed as a teacher by the board of trustees of a school district or
the governing body of a charter school, is entitled to all benefits,
rights and privileges conferred by statutes and regulations on the
licensed employees of a school district or charter school, as applicable.
(Added to NRS by 1987, 995; A 1993, 441; 1995, 149; 2001, 1777
; 2001 Special Session, 181 , 188 ; 2003, 19th Special Session, 70
, 71 ; 2005, 92 , 1670 , 2548 )
Except as
otherwise provided in subparagraph (10) of paragraph (a) of subsection 1
of NRS 391.019 and NRS 391.027 , the Commission shall adopt regulations
governing examinations for the initial licensing of teachers and other
educational personnel. The examinations must test the ability of the
applicant to teach and his knowledge of each specific subject he proposes
to teach. Each examination must include the following subjects:
1. The laws of Nevada relating to schools;
2. The Constitution of the State of Nevada; and
3. The Constitution of the United States.
Ê The provisions of this section do not prohibit the Commission from
adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the
examinations for teachers and other educational personnel who have
previous experience in teaching or performing other educational functions
in another state.
(Added to NRS by 1987, 996; A 2001, 365 ; 2005, 1671 )
The Commission may
adopt regulations which provide relief from the strict application of the
terms of its regulations relating to the licensure of teachers and other
educational personnel for the resolution of medical or administrative
conflicts. The conflicts must be resolved within 6 months after the date
the relief is granted.
(Added to NRS by 1987, 1490)
1. The State Board may disapprove any regulation adopted by the
Commission if the regulation:
(a) Threatens the efficient operation of the public schools in this
state; or
(b) Creates an undue financial hardship for any teacher,
administrator or other educational personnel or any county school
district.
2. A regulation shall be deemed approved if the State Board does
not disapprove the regulation within 90 days after it is adopted by the
Commission.
(Added to NRS by 1987, 996)
1. The personnel necessary to enable the Commission to carry out
its duties must be provided by the Department.
2. The offices for the Commission may be located in the same
building as the offices of the Department.
(Added to NRS by 1987, 996)
LICENSING OF EDUCATIONAL PERSONNEL
There are the following kinds of
licenses for teachers and other educational personnel in this State:
1. A license to teach elementary education, which authorizes the
holder to teach in any elementary school in the State.
2. A license to teach middle school or junior high school
education, which authorizes the holder to teach in his major or minor
field of preparation or in both fields in grades 7, 8 and 9 at any middle
school or junior high school. He may teach only in these fields unless an
exception is approved pursuant to regulations adopted by the Commission.
3. A license to teach secondary education, which authorizes the
holder to teach in his major or minor field of preparation or in both
fields in any secondary school. He may teach only in these fields unless
an exception is approved pursuant to regulations adopted by the
Commission.
4. A special license, which authorizes the holder to teach or
perform other educational functions in a school or program as designated
in the license.
5. A special license designated as a special qualifications
license, which authorizes the holder to teach only in the grades and
subject areas designated in the license. A special qualifications license
is valid for 3 years and may be renewed in accordance with the
regulations of the Commission adopted pursuant to subparagraph (7) of
paragraph (a) of subsection 1 of NRS 391.019 .
[323:32:1956]—(NRS A 1977, 222; 1979, 1601; 1987, 997; 2003, 19th
Special Session, 71 ; 2005, 93 )
1. Except as otherwise provided in NRS 391.027 , the Commission shall:
(a) Consider and may adopt regulations which provide for the
issuance of conditional licenses to teachers and other educational
personnel before completion of all courses of study or other requirements
for a license in this State.
(b) Adopt regulations which provide for the reciprocal licensure of
educational personnel from other states.
2. The regulations adopted pursuant to paragraph (b) of subsection
1 may provide an exemption from the examinations required for initial
licensure for teachers and other educational personnel who have previous
experience in teaching or performing other educational functions in
another state. If the Commission adopts regulations providing such an
exemption, the Commission shall identify the examinations to which the
exemption applies.
3. A person who is issued a conditional license must complete all
courses of study and other requirements for a license in this State which
is not conditional within 3 years after the date on which a conditional
license is issued.
(Added to NRS by 1989, 1162; A 1995, 9; 2001, 365 )
[Effective until the date of the repeal
of the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. All licenses for teachers and other educational personnel are
granted by the Superintendent of Public Instruction pursuant to
regulations adopted by the Commission and as otherwise provided by law.
2. An application for the issuance of a license must include the
social security number of the applicant.
3. Every applicant for a license must submit with his application
a complete set of his fingerprints and written permission authorizing the
Superintendent to forward the fingerprints to the Central Repository for
Nevada Records of Criminal History for its report on the criminal history
of the applicant and for submission to the Federal Bureau of
Investigation for its report on the criminal history of the applicant.
4. The Superintendent may issue a provisional license pending
receipt of the reports of the Federal Bureau of Investigation and the
Central Repository for Nevada Records of Criminal History if he
determines that the applicant is otherwise qualified.
5. A license must be issued to an applicant if:
(a) The Superintendent determines that the applicant is qualified;
(b) The reports on the criminal history of the applicant from the
Federal Bureau of Investigation and the Central Repository for Nevada
Records of Criminal History:
(1) Do not indicate that the applicant has been convicted of
a felony or any offense involving moral turpitude; or
(2) Indicate that the applicant has been convicted of a
felony or an offense involving moral turpitude but the Superintendent
determines that the conviction is unrelated to the position within the
county school district or charter school for which the applicant applied;
and
(c) The applicant submits the statement required pursuant to NRS
391.034 .
[324:32:1956]—(NRS A 1967, 817; 1969, 128; 1977, 223; 1979, 1601;
1987, 997; 1995, 1909; 1997, 2050; 2003, 2848 ; 2005, 2420 )
[Effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings.]
1. All licenses for teachers and other educational personnel are
granted by the Superintendent of Public Instruction pursuant to
regulations adopted by the Commission and as otherwise provided by law.
2. Every applicant for a license must submit with his application
a complete set of his fingerprints and written permission authorizing the
Superintendent to forward the fingerprints to the Central Repository for
Nevada Records of Criminal History for its report on the criminal history
of the applicant and for submission to the Federal Bureau of
Investigation for its report on the criminal history of the applicant.
The Superintendent may issue a provisional license pending receipt of the
reports if he determines that the applicant is otherwise qualified.
3. A license must be issued to an applicant if the Superintendent
determines that the applicant is qualified and:
(a) The reports on the criminal history of the applicant from the
Federal Bureau of Investigation and the Central Repository for Nevada
Records of Criminal History do not indicate that the applicant has been
convicted of a felony or any offense involving moral turpitude; or
(b) The Superintendent determines, in his discretion, that any
conviction indicated in the reports on the criminal history of the
applicant is unrelated to the position within the county school district
or charter school for which the applicant applied.
[324:32:1956]—(NRS A 1967, 817; 1969, 128; 1977, 223; 1979, 1601;
1987, 997; 1995, 1909; 1997, 2050; 2003, 2848 ; 2005, 2420 , 2421 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Expires
by limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a license issued
pursuant to this chapter shall submit to the Superintendent of Public
Instruction the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services
pursuant to NRS 425.520 . The statement
must be completed and signed by the applicant.
2. The Commission shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Commission.
3. A license may not be issued or renewed by the Superintendent of
Public Instruction pursuant to this chapter if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Superintendent of
Public Instruction shall advise the applicant to contact the district
attorney or other public agency enforcing the order to determine the
actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2049)
1. An application to the Superintendent of Public Instruction for
a license as a teacher or to perform other educational functions and all
documents in the Department’s file relating to the application, including:
(a) The applicant’s health records;
(b) His fingerprints and any report from the Federal Bureau of
Investigation or the Central Repository for Nevada Records of Criminal
History;
(c) Transcripts of his record at colleges or other educational
institutions;
(d) His scores on the examinations administered pursuant to the
regulations adopted by the Commission;
(e) Any correspondence concerning the application; and
(f) Any other personal information,
Ê are confidential.
2. It is unlawful to disclose or release the information in an
application or any related document except pursuant to paragraph (d) of
subsection 6 of NRS 179A.075 or the
applicant’s written authorization.
3. The Department shall, upon request, make available the
applicant’s file for his inspection during regular business hours.
(Added to NRS by 1983, 769; A 1987, 998; 1995, 1910)
1. The State Board shall:
(a) Prescribe by regulation the standards for approval of a course
of study or training offered by an educational institution to qualify a
person to be a teacher or administrator or to perform other educational
functions.
(b) Maintain descriptions of the approved courses of study required
to qualify for endorsements in fields of specialization and provide to an
applicant, upon request, the approved course of study for a particular
endorsement.
2. Except for an applicant who submits an application for the
issuance of a license pursuant to subparagraph (7) or (10) of paragraph
(a) of subsection 1 of NRS 391.019 , an
applicant for a license as a teacher or administrator or to perform some
other educational function must submit with his application, in the form
prescribed by the Superintendent of Public Instruction, proof that he has
satisfactorily completed a course of study and training approved by the
State Board pursuant to subsection 1.
(Added to NRS by 1987, 996; A 1993, 442; 2005, 93 , 1672 )
1. The State Board, in consultation with educational institutions
in this State which offer courses of study and training for the education
of teachers, the board of trustees of each school district in this State
and other educational personnel, shall review and evaluate a course of
study and training offered by an educational institution which is
designed to provide the education required for:
(a) The licensure of teachers or other educational personnel;
(b) The renewal of licenses of teachers or other educational
personnel; or
(c) An endorsement in a field of specialization.
Ê If the course of study and training meets the requirements established
by the State Board, it must be approved by the State Board. The State
Board shall not approve a course of study or training unless the course
of study and training provides instruction, to the extent deemed
necessary by the State Board, in the standards of content and performance
prescribed by the Council to Establish Academic Standards for Public
Schools pursuant to NRS 389.520 .
2. The State Board may review and evaluate such courses of study
and training itself or may recognize a course of study and training
approved by a national agency for accreditation acceptable to the Board.
3. The State Board shall adopt regulations establishing fees for
the review by the Board of a course of study and training submitted to
the Board by an educational institution.
4. The State Board, in consultation with educational institutions
in this State which offer courses of study and training for the education
of teachers and other educational personnel, and the Nevada Association
of Colleges for Teacher Education and the Nevada Association of Teacher
Educators, shall adopt regulations governing the approval by the State
Board of courses of study and training which are accredited by the
National Council for Accreditation of Teacher Education, and those which
are not so accredited.
5. If the State Board denies or withdraws its approval of a course
of study or training, the educational institution is entitled to a
hearing and judicial review of the decision of the State Board.
(Added to NRS by 1987, 996; A 1995, 1382; 1999, 3389 )
1. The Commission shall fix fees of not less than $65 for the
issuance and renewal of a license. The fee for issuing a duplicate
license is the same as for issuing the original.
2. The portion of each fee which represents the amount charged by
the Federal Bureau of Investigation for processing the fingerprints of
the applicant must be deposited with the State Treasurer for credit to
the appropriate account of the Department of Public Safety. The remaining
portion of the money received from the fees must be deposited with the
State Treasurer for credit to the appropriate account of the Department
of Education.
[326:32:1956]—(NRS A 1965, 1074; 1977, 223; 1979, 1601; 1983, 676;
1987, 998; 1995, 172; 2001, 2603 )
The Superintendent of Public Instruction shall
file with the clerk of the board of trustees of each local school
district a directory of all teachers and other educational personnel,
including, without limitation, teachers and educational personnel
employed by a charter school pursuant to NRS 386.590 and 386.595 ,
who are entitled to draw salaries from the county school district fund,
and shall advise the clerk from time to time of any changes or additions
to the directory.
(Added to NRS by 1979, 1600; A 1987, 998; 1997, 1871)
The purpose of
licensing teachers and other educational personnel is to protect the
general welfare of the people of this state. Any license issued by the
Superintendent of Public Instruction is a revocable privilege and no
holder of such a license acquires thereby any vested right.
(Added to NRS by 1987, 996)
QUALIFICATIONS AND REQUIREMENTS OF TEACHERS AND OTHER EMPLOYEES
1. Except as otherwise provided in this section and NRS 391.070
, it is unlawful for:
(a) The Superintendent of Public Instruction to issue a license to,
or a board of trustees of a school district or a governing body of a
charter school to employ, any teacher, instructor, principal or
superintendent of schools who is not a citizen of the United States or a
person who has filed a valid declaration to become a citizen or valid
petition for naturalization, or who is not a lawful permanent resident of
the United States.
(b) The State Controller or any county auditor to issue any warrant
to any teacher, instructor, principal or superintendent of schools who is
not a citizen of the United States or a person who has filed a valid
declaration to become a citizen or valid petition for naturalization, or
who is not a lawful permanent resident of the United States.
2. Upon the request of a school district, the Superintendent of
Public Instruction may issue a license to a person who does not meet the
requirements of subsection 1 but is otherwise entitled to work in the
United States pursuant to federal laws and regulations if:
(a) The school district has demonstrated to the satisfaction of the
Superintendent of Public Instruction that a shortage of teachers exists
in the subject area for which the person is qualified;
(b) The person is otherwise qualified to teach in the subject area
for which there is a shortage of teachers, except that he does not meet
the requirements of subsection 1; and
(c) The school district agrees to employ the person to teach in the
subject area for which there is a shortage of teachers.
3. A license issued by the Superintendent of Public Instruction
pursuant to subsection 2:
(a) Automatically expires on the date that the licensee is no
longer entitled to work in the United States pursuant to federal laws and
regulations; and
(b) Authorizes the person who holds the license to teach only in
the:
(1) School district that submitted the request for the
issuance of the license to that person; and
(2) Subject area for which the person is qualified.
4. Upon compliance with all applicable federal laws and
regulations, the board of trustees of a school district may employ a
person who does not meet the requirements of subsection 1 if the person
holds a license issued by the Superintendent of Public Instruction
pursuant to subsection 2. A teacher’s employment with a school district
pursuant to this subsection automatically expires on the date that he is
no longer entitled to work in the United States pursuant to federal laws
and regulations.
5. The State Controller or a county auditor may issue a warrant to
a teacher who is employed pursuant to subsection 4.
6. Any person who violates any of the provisions of this section
is guilty of a misdemeanor.
[328:32:1956]—(NRS A 1967, 564; 1971, 218; 1979, 1601; 1987, 998;
1999, 3313 ; 2001 Special Session, 181 )
The board of trustees of a school district or the
governing body of a charter school may employ a teacher or instructor
authorized to teach in the United States under the teacher exchange
programs authorized by laws of the Congress of the United States.
[329:32:1956]—(NRS A 1979, 1602; 1999, 3314 )
1. Each teacher or other licensed employee employed in this state
whose compensation is payable out of public money, except teachers
employed pursuant to the provisions of subsection 4 of NRS 391.060 or NRS 391.070 , must take and subscribe to the constitutional
oath of office before entering upon the discharge of his duties.
2. The oath of office, when taken and subscribed, must be filed
with the Department.
3. The Superintendent of Public Instruction, his deputy
superintendents and other members of the professional staff of the
Department designated by the Superintendent, members of boards of
trustees of school districts, superintendents of schools, principals of
schools and notaries public may administer the oath of office to teachers
and other licensed employees.
[330:32:1956]—(NRS A 1959, 805; 1969, 127; 1979, 1602; 1987, 830,
999; 2001 Special Session, 182 )
1. Any person who is:
(a) Granted a license to teach or perform other educational
functions in the public schools of Nevada, in the school conducted at the
Nevada Youth Training Center, the Caliente Youth Center or any other
state facility for the detention of children that is operated pursuant to
title 5 of NRS or for any program of instruction for kindergarten or
grades 1 to 12, inclusive, conducted at any correctional institution in
the Department of Corrections; or
(b) Charged with the duty at the Nevada Youth Training Center, the
Caliente Youth Center or any other state facility for the detention of
children that is operated pursuant to title 5 of NRS of giving
instruction in the Constitution of the United States and the Constitution
of the State of Nevada,
Ê must show, by examination or credentials showing college, university or
normal school study, satisfactory evidence of adequate knowledge of the
origin, history, provisions and principles of the Constitution of the
United States and the Constitution of the State of Nevada.
2. The Commission may grant a reasonable time for compliance with
the terms of this section.
[331:32:1956]—(NRS A 1961, 383, 628; 1979, 1602; 1987, 999; 1989,
1960; 2001 Special Session, 238 ; 2003, 1146 )
1. The board of trustees of each school district:
(a) Shall establish a plan for the teachers and other licensed
educational personnel in the school district who teach or supervise
pupils in physical education; and
(b) May establish a plan for the teachers and other licensed
educational personnel in the school district who teach or supervise
pupils in courses of study or activities other than physical education
which involve a high risk that cardiopulmonary resuscitation will need to
be administered during the course of study or activity,
Ê to receive the training which is necessary for certification in the
administration of cardiopulmonary resuscitation.
2. A plan established by the board of trustees pursuant to
subsection 1 must:
(a) Comply with the guidelines established by the American National
Red Cross or the American Heart Association for the certification of
persons in the administration of cardiopulmonary resuscitation;
(b) Set forth the courses of study and activities offered at
schools within the district other than physical education which involve a
high risk that cardiopulmonary resuscitation will need to be administered
during the course of study or activity, including, without limitation,
laboratory sciences, vocational education, special education, competitive
sports and the transportation of pupils; and
(c) Set forth an estimation of the time and resources necessary for
all personnel of the district to obtain certification in the
administration of cardiopulmonary resuscitation.
3. The board of trustees of each school district shall submit to
the State Board any plan that it establishes pursuant to subsection 1.
4. A teacher or other person who:
(a) Is licensed pursuant to this chapter; and
(b) Teaches or supervises:
(1) Physical education; or
(2) A course of study or an activity that the board of
trustees of the school district in which the person is employed has
identified as involving a high risk that cardiopulmonary resuscitation
will need to be administered during the course of study or activity and
for which the board of trustees has established a plan pursuant to
subsection 1,
Ê shall establish and maintain current certification in the
administration of cardiopulmonary resuscitation in accordance with the
plan established by the board of trustees.
5. The board of trustees of a school district may enter into an
agreement with a local fire department, a local law enforcement agency or
a nonprofit organization to provide the training and certification
required by the plan.
(Added to NRS by 1997, 1715)
The State Board shall prescribe by regulation
at least one examination for those paraprofessionals who desire to
satisfy the requirements of 20 U.S.C. § 6319(c) by passing an examination
prescribed by this State. The regulations must include the passing score
required to demonstrate satisfaction of the requirements of 20 U.S.C. §
6319(c).
(Added to NRS by 2003, 19th Special Session, 69 )
1. A school district may enter into an agreement with a branch of
the Nevada System of Higher Education or an accredited postsecondary
educational institution which is licensed by the Commission on
Postsecondary Education and which offers courses of study and training
for the education of teachers which are approved or recognized by the
State Board pursuant to NRS 391.038 ,
for the assignment of students for training purposes as student teachers,
counselors or trainees in a library, or for experience in a teaching
laboratory. Students so assigned within the school district for training
purposes may, under the direction and supervision of a licensed teacher,
instruct and supervise pupils in the school, on the school grounds or on
authorized field trips. The students so assigned are employees of the
school district for purposes of NRS 41.038 and 41.039 ,
while performing such authorized duties, whether or not the duties are
performed entirely in the presence of the licensed teacher.
2. As used in this section:
(a) “Accredited” has the meaning ascribed to it in NRS 394.006
.
(b) “Postsecondary educational institution” has the meaning
ascribed to it in NRS 394.099 .
(Added to NRS by 1975, 312; A 1987, 999; 1993, 340, 2203; 1995,
1383)
NOTICE TO PARENTS AND GUARDIANS REGARDING QUALIFICATIONS OF TEACHERS AND
PARAPROFESSIONALS
1. Upon the request of a parent or legal guardian of a pupil who
is enrolled in a public school, the board of trustees of the school
district in which the school is located or the governing body of the
charter school, as applicable, shall provide to the parent or guardian
information regarding the professional qualifications of the pupil’s
teachers. The State Board shall prescribe the time by which such
information must be provided after receipt of the request by the school
district or charter school. The information provided must include,
without limitation:
(a) For each teacher who provides instruction to the pupil:
(1) Whether the teacher holds a license for the grade level
and subject area in which the teacher provides instruction;
(2) Whether the teacher is:
(I) Providing instruction pursuant to NRS 391.125
;
(II) Providing instruction pursuant to a waiver of the
requirements for licensure for the grade level or subject area in which
the teacher is employed; or
(III) Otherwise providing instruction without an
endorsement for the subject area in which the teacher is employed; and
(3) The degree held by the teacher and any other graduate
certification or degree held by the teacher, including, without
limitation, the field in which each degree or certification was obtained;
and
(b) If a paraprofessional, as defined in NRS 391.008 , provides services to the pupil, the
qualifications of the paraprofessional.
2. At the beginning of each school year, the board of trustees of
each school district and the governing body of each charter school shall
provide written notice to the parents and guardians of each pupil
enrolled in a school within the school district or enrolled in the
charter school, as applicable, that a parent or guardian may request
information pursuant to subsection 1. The State Board shall prescribe the
date by which the notice required by this subsection must be provided.
3. The information required pursuant to subsection 1 and the
notice required pursuant to subsection 2 must be provided in a uniform
and understandable format and, to the extent practicable, in a language
that parents and guardians can understand.
(Added to NRS by 2003, 19th Special Session, 69 )
1. If a pupil enrolled in a Title I school or a school that is
designated as needing improvement pursuant to NRS 385.3623 :
(a) Is assigned to a teacher, as his regular classroom teacher, who
is not highly qualified; or
(b) Has been taught for 4 consecutive weeks or more by a teacher
who is not the pupil’s regular classroom teacher and who is not highly
qualified,
Ê the principal of the school or the administrative head of the charter
school, as applicable, shall provide notice of that fact to the parent or
legal guardian of the pupil.
2. The State Board shall prescribe the date on which the notice
required by subsection 1 must be provided. The notice must be provided in
a uniform and understandable format and, to the extent practicable, in a
language that parents and guardians can understand.
3. As used in this section, “highly qualified” has the meaning
ascribed to it in 20 U.S.C. § 7801(23).
(Added to NRS by 2003, 19th Special Session, 70 )
EMPLOYMENT AND SALARIES OF TEACHERS, PARAPROFESSIONALS AND OTHER
EMPLOYEES; POLICE SERVICES
1. The board of trustees of a school district may employ a
superintendent of schools, teachers and all other necessary employees.
2. A person who is initially hired by the board of trustees of a
school district on or after January 8, 2002, to teach in a program
supported with money from Title I must possess the qualifications
required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a
person is not “initially hired” if he has been employed as a teacher by
another school district or charter school in this State without an
interruption in employment before the date of hire by his current
employer.
3. A person who is employed as a teacher, regardless of the date
of hire, must possess, on or before July 1, 2006, the qualifications
required by 20 U.S.C. § 6319(a) if he teaches:
(a) English, reading or language arts;
(b) Mathematics;
(c) Science;
(d) Foreign language;
(e) Civics or government;
(f) Economics;
(g) Geography;
(h) History; or
(i) The arts.
4. The board of trustees of a school district:
(a) May employ teacher aides and other auxiliary, nonprofessional
personnel to assist licensed personnel in the instruction or supervision
of children, either in the classroom or at any other place in the school
or on the grounds thereof. A person who is initially hired as a
paraprofessional by a school district on or after January 8, 2002, to
work in a program supported with Title I money must possess the
qualifications required by 20 U.S.C. § 6319(c). A person who is employed
as a paraprofessional by a school district, regardless of the date of
hire, to work in a program supported with Title I money must possess, on
or before January 8, 2006, the qualifications required by 20 U.S.C. §
6319(c). For the purposes of this paragraph, a person is not “initially
hired” if he has been employed as a paraprofessional by another school
district or charter school in this State without an interruption in
employment before the date of hire by his current employer.
(b) Shall establish policies governing the duties and performance
of teacher aides.
5. Each applicant for employment pursuant to this section, except
a teacher or other person licensed by the Superintendent of Public
Instruction, must, as a condition to employment, submit to the school
district a full set of his fingerprints and written permission
authorizing the school district to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for its report
on the criminal history of the applicant and for submission to the
Federal Bureau of Investigation for its report on the criminal history of
the applicant.
6. Except as otherwise provided in subsection 7, the board of
trustees of a school district shall not require a licensed teacher or
other person licensed by the Superintendent of Public Instruction
pursuant to NRS 391.033 who has taken a
leave of absence from employment authorized by the school district,
including, without limitation:
(a) Sick leave;
(b) Sabbatical leave;
(c) Personal leave;
(d) Leave for attendance at a regular or special session of the
Legislature of this State if the employee is a member thereof;
(e) Maternity leave; and
(f) Leave permitted by the Family and Medical Leave Act of 1993, 29
U.S.C. §§ 2601 et seq.,
Ê to submit a set of his fingerprints as a condition of return to or
continued employment with the school district if the employee is in good
standing when the employee began the leave.
7. A board of trustees of a school district may ask the
Superintendent of Public Instruction to require a person licensed by the
Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from
employment authorized by the school district to submit a set of his
fingerprints as a condition of return to or continued employment with the
school district if the board of trustees has probable cause to believe
that the person has committed a felony or an offense involving moral
turpitude during the period of his leave of absence.
8. The board of trustees of a school district may employ or
appoint persons to serve as school police officers. If the board of
trustees of a school district employs or appoints persons to serve as
school police officers, the board of trustees shall employ a law
enforcement officer to serve as the chief of school police who is
supervised by the superintendent of schools of the school district. The
chief of school police shall supervise each person appointed or employed
by the board of trustees as a school police officer. In addition, persons
who provide police services pursuant to subsection 9 or 10 shall be
deemed school police officers.
9. The board of trustees of a school district in a county that has
a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police
department for the provision and supervision of police services in the
public schools within the jurisdiction of the metropolitan police
department and on property therein that is owned by the school district.
If a contract is entered into pursuant to this subsection, the contract
must make provision for the transfer of each school police officer
employed by the board of trustees to the metropolitan police department.
If the board of trustees of a school district contracts with a
metropolitan police department pursuant to this subsection, the board of
trustees shall, if applicable, cooperate with appropriate local law
enforcement agencies within the school district for the provision and
supervision of police services in the public schools within the school
district and on property owned by the school district, but outside the
jurisdiction of the metropolitan police department.
10. The board of trustees of a school district in a county that
does not have a metropolitan police department created pursuant to
chapter 280 of NRS may contract with the
sheriff of that county for the provision of police services in the public
schools within the school district and on property therein that is owned
by the school district.
[332:32:1956]—(NRS A 1967, 450; 1971, 175; 1975, 614; 1979, 871,
1603; 1985, 287; 1987, 1000, 1481; 1989, 630; 1993, 2531; 1995, 1910;
1999, 3462 ; 2001, 2482 ; 2003, 2848 ; 2003, 19th Special Session, 72 )
1. The board of trustees of a school district may:
(a) Employ any person whom the board of trustees determines is
qualified to serve as the superintendent of schools of the school
district. The Commission may require the superintendent of any school
district to hold a master’s degree.
(b) Define his powers and fix his duties.
(c) Fix his salary.
2. If the board of trustees of a school district employs a person
who is not licensed as an administrator to serve as the superintendent of
schools, the board of trustees shall employ a person who is licensed as
an administrator to oversee the academic programs of the public schools
within the school district.
3. A superintendent of schools may be employed for an initial term
not to exceed 4 years. The term of any subsequent employment may be of
any duration.
4. A superintendent of schools may be dismissed at any time for
cause.
5. A superintendent of schools may administer oaths or
affirmations relating to public schools.
[333:32:1956]—(NRS A 1971, 549; 1979, 1603; 1985, 868; 1987, 1000;
1995, 33; 1999, 1134 )
1. Boards of trustees of the school districts in this State may
employ legally qualified teachers and other licensed personnel and may
determine their salaries and the length of the term of school for which
they are employed. These conditions and any other conditions agreed upon
by the parties must be embodied in a written contract, or notice of
reemployment, to be approved by the board of trustees and accepted and
signed by the employee. A copy of the contract or notice of reemployment,
properly written, must be delivered to each teacher or other licensed
employee not later than the opening of the term of school.
2. A board of trustees may not employ teachers or other licensed
personnel for any school year commencing after the expiration of the time
for which any member of the board of trustees was elected or appointed.
3. It is unlawful for the board of trustees of any school district
to employ any teacher who is not legally qualified to teach all the
grades which the teacher is engaged to teach. The board of trustees shall
suspend or terminate, as applicable, the employment of any teacher who
fails to maintain a license issued pursuant to this chapter in force, if
such a license is required for employment. Any such suspension or
termination must comply with the requirements of NRS 391.301 to 391.309 ,
inclusive.
4. On or before November 15 of each year, the school district
shall submit to the Department, in a form prescribed by the
Superintendent of Public Instruction, the following information for each
licensed employee employed by the school district on October 1 of that
year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the
Department of Education, of the employee.
[334:32:1956]—(NRS A 1967, 449; 1969, 127; 1979, 1604; 1987, 1001;
1993, 1432; 2003, 2820 )
1. If the board of trustees of a school district determines that a
shortage of teachers exists within the school district in a particular
subject area, the board of trustees may submit a written request to the
Superintendent of Public Instruction to employ persons who are licensed
teachers but who do not hold an endorsement to teach in the subject area
for which there is a shortage of teachers at a public school within the
school district that is not designated as demonstrating need for
improvement pursuant to NRS 385.3623 .
The Superintendent of Public Instruction may grant such a request if the
Superintendent determines that a shortage of teachers exists in the
subject area. If the Superintendent of Public Instruction grants a
request pursuant to this subsection, a person who holds a license to
teach but not an endorsement in the subject area for which the request
was granted may be employed by the school district for not more than 2
school years to teach in that subject area at a public school within the
school district that is not designated as needing improvement pursuant to
NRS 385.3623 .
2. If the Superintendent of Public Instruction grants a request
pursuant to subsection 1, the Superintendent shall submit a written
report to the Commission that includes the name of the school district
for which the request was granted and the subject area for which the
request was granted. Upon receipt of such a report, the Commission shall
consider whether to adopt revisions to the requirements for an
endorsement in that subject area to address the shortage of teachers.
(Added to NRS by 2001 Special Session, 176 ; A 2003, 19th Special Session, 74
)
1. Boards of trustees of school districts in this state may pay
toward the salaries of teachers and other employees the public money
apportioned to school districts for that purpose, by giving them orders
therefor on the county auditor.
2. Boards of trustees may:
(a) Deduct from the salary of any teacher or other employee, upon
the written request of the teacher or other employee, money for the
payment of premiums on insurance of any kind;
(b) Reduce or withhold increases in the salary of any teacher or
other employee, upon the written request of the teacher or other
employee, by or in an amount sufficient to purchase an annuity contract
pursuant to the provisions of NRS 391.380 ; and
(c) Reduce or withhold from the salary of any teacher or other
employee, upon the written request of the teacher or employee, an amount
specified in the request to be held by the trustees pursuant to a
deferred compensation agreement between the trustees and the teacher or
other employee.
[337:32:1956]—(NRS A 1965, 712; 1977, 804; 1979, 1604)
1. The salaries of teachers and other employees must be determined
by the character of the service required. A school district shall not
discriminate between male and female employees in the matter of salary.
2. Each year when determining the salary of a teacher who holds
certification issued by the National Board for Professional Teaching
Standards, a school district shall add 5 percent to the salary that the
teacher would otherwise receive in 1 year for his classification on the
schedule of salaries for the school district if:
(a) On or before January 31 of the school year, the teacher has
submitted evidence satisfactory to the school district of his current
certification; and
(b) The teacher is assigned by the school district to provide
classroom instruction during that school year.
Ê No increase in salary may be given pursuant to this subsection during a
particular school year to a teacher who submits evidence of certification
after January 31 of that school year. For the first school year that a
teacher submits evidence of his current certification, the board of
trustees of the school district to whom the evidence was submitted shall
pay the increase in salary required by this subsection retroactively to
the beginning of that school year. Once a teacher has submitted evidence
of such certification to the school district, the school district shall
retain the evidence in its records, as applicable, for future school
years. An increase in salary given in accordance with this subsection is
in addition to any other increase to which the teacher may otherwise be
entitled.
3. Each year when determining the salary of a person who is
employed by a school district as a speech pathologist, the school
district shall add 5 percent to the salary that the employee would
otherwise receive in 1 year for his classification on the schedule of
salaries for the school district if:
(a) On or before September 15 of the school year, the employee has
submitted evidence satisfactory to the school district of his:
(1) Licensure as a speech pathologist by the Board of
Examiners for Audiology and Speech Pathology; and
(2) Certification as being clinically competent in
speech-language pathology by:
(I) The American Speech-Language-Hearing Association;
or
(II) A successor organization to the American
Speech-Language-Hearing Association that is recognized and determined to
be acceptable by the Board of Examiners for Audiology and Speech
Pathology; and
(b) The employee is assigned by the school district to serve as a
speech pathologist during the school year.
Ê No increase in salary may be given pursuant to this subsection during a
particular school year to an employee who submits evidence of licensure
and certification after September 15 of that school year. Once an
employee has submitted evidence of such licensure and certification to
the school district, the school district shall retain the evidence in its
records, as applicable, for future school years. An increase in salary
given in accordance with this subsection is in addition to any other
increase to which the employee may otherwise be entitled.
4. In determining the salary of a licensed teacher who is employed
by a school district after the teacher has been employed by another
school district in this State, the present employer shall, except as
otherwise provided in subsection 7:
(a) Give the teacher the same credit for previous teaching service
as he was receiving from his former employer at the end of his former
employment;
(b) Give the teacher credit for his final year of service with his
former employer, if credit for that service is not included in credit
given pursuant to paragraph (a); and
(c) Place the teacher on the schedule of salaries of the school
district in a classification that is commensurate with the level of
education acquired by the teacher, as set forth in the applicable
negotiated agreement with the present employer.
5. A school district may give the credit required by subsection 4
for previous teaching service earned in another state if the Commission
has approved the standards for licensing teachers of that state. The
Commission shall adopt regulations that establish the criteria by which
the Commission will consider the standards for licensing teachers of
other states for the purposes of this subsection. The criteria may
include, without limitation, whether the Commission has authorized
reciprocal licensure of educational personnel from the state under
consideration.
6. In determining the salary of a licensed administrator, other
than the superintendent of schools, who is employed by a school district
after the administrator has been employed by another school district in
this State, the present employer shall, except as otherwise provided in
subsection 7:
(a) Give the administrator the same credit for previous
administrative service as he was receiving from his former employer, at
the end of his former employment;
(b) Give the administrator credit for his final year of service
with his former employer, if credit for that service is not otherwise
included in the credit given pursuant to paragraph (a); and
(c) Place the administrator on the schedule of salaries of the
school district in a classification that is comparable to the
classification the administrator had attained on the schedule of salaries
of his former employer.
7. This section does not:
(a) Require a school district to allow a teacher or administrator
more credit for previous teaching or administrative service than the
maximum credit for teaching or administrative experience provided for in
the schedule of salaries established by it for its licensed personnel.
(b) Permit a school district to deny a teacher or administrator
credit for his previous teaching or administrative service on the ground
that the service differs in kind from the teaching or administrative
experience for which credit is otherwise given by the school district.
8. As used in this section:
(a) “Previous administrative service” means the total of:
(1) Any period of administrative service for which an
administrator received credit from his former employer at the beginning
of his former employment; and
(2) His period of administrative service in his former
employment.
(b) “Previous teaching service” means the total of:
(1) Any period of teaching service for which a teacher
received credit from his former employer at the beginning of his former
employment; and
(2) His period of teaching service in his former employment.
[338:32:1956]—(NRS A 1969, 1178; 1971, 75; 1979, 307, 1605; 1991,
817; 1993, 426; 1999, 1037 , 1559 ; 2001, 1904 ; 2001 Special Session, 182 ; 2005, 2446 )
1. Except as otherwise provided in subsection 3 and except as
otherwise required as a result of NRS 286.537 , the board of trustees of a school district
shall pay the cost for a licensed teacher or licensed school psychologist
to purchase one-fifth of a year of service pursuant to subsection 2 of
NRS 286.300 if:
(a) The teacher or school psychologist is a member of the Public
Employees’ Retirement System and has at least 5 years of service;
(b) The teacher or school psychologist has been employed as a
licensed teacher or licensed school psychologist in this State for at
least 5 consecutive school years, regardless of whether the employment
was with one or more school districts in this State;
(c) Each evaluation of the teacher or school psychologist conducted
pursuant to NRS 391.3125 is at least
satisfactory for the years of employment required by paragraph (b); and
(d) In addition to the years of employment required by paragraph
(b):
(1) The teacher has been employed as a licensed teacher for
2 school years at a school within the school district during his
employment at the school:
(I) Which carried the designation of demonstrating
need for improvement; or
(II) At which at least 65 percent of the pupils who
are enrolled in the school are children who are at risk;
(2) The teacher holds an endorsement in the field of
mathematics, science, special education or English as a second language
and has been employed for at least 1 school year to teach in the subject
area for which he holds an endorsement; or
(3) The school psychologist has been employed as a licensed
school psychologist for at least 1 school year.
Ê The provisions of this paragraph do not require consecutive years of
employment or employment at the same school within the school district.
2. Except as otherwise provided in subsection 3, the board of
trustees of a school district shall pay the cost for a licensed teacher
or school psychologist to purchase one-fifth of a year of service for
each year that a teacher or school psychologist satisfies the
requirements of subsection 1. If, in 1 school year, a teacher satisfies
the criteria set forth in both subparagraphs (1) and (2) of paragraph (d)
of subsection 1, the school district in which the teacher is employed is
not required to pay for more than one-fifth of a year of service pursuant
to subsection 2 of NRS 286.300 for that
school year.
3. In no event may the years of service purchased by a licensed
teacher or school psychologist as a result of subsection 2 of NRS 286.300
exceed 5 years.
4. The board of trustees of a school district shall not:
(a) Assign or reassign a licensed teacher or school psychologist to
circumvent the requirements of this section.
(b) Include as part of a teacher’s or school psychologist’s salary
the costs of paying the teacher or school psychologist to purchase
service pursuant to this section.
5. As used in this section:
(a) A child is “at risk” if he is eligible for free or
reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq.
(b) “Service” has the meaning ascribed to it in NRS 286.078 .
(Added to NRS by 1999, 1965 ; A 2001, 140 ; 2003, 20th Special Session, 204 , 205 )
1. Except as otherwise provided in subsection 2, a teacher or
other employee for whom a license is required is not entitled to receive
any portion of public money for schools as compensation for services
rendered unless:
(a) He is legally employed by the board of trustees of the school
district or the governing body of the charter school in which he is
teaching or performing other educational functions.
(b) He has a license authorizing him to teach or perform other
educational functions at the level and, except as otherwise provided in
NRS 391.125 , in the field for which he
is employed, issued in accordance with law and in full force at the time
the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of
public money to teachers or other employees who are employed by a charter
school for whom a license is not required pursuant to the provisions of
NRS 386.590 .
[339:32:1956]—(NRS A 1967, 818; 1977, 223; 1979, 1605; 1987, 1001;
1997, 1872; 2001, 3161 ; 2001 Special Session, 184 ; 2003, 282 )
1. As used in this section, “employee” means any employee of a
school district or charter school in this State.
2. A school month in any public school in this State consists of 4
weeks of 5 days each.
3. Nothing contained in this section prohibits the payment of
employees’ compensation in 12 equal monthly payments for 9 or more
months’ work.
4. The per diem deduction from the salary of an employee because
of absence from service for reasons other than those specified in this
section is that proportion of the yearly salary which is determined by
the ratio between the duration of the absence and the total number of
contracted workdays in the year.
5. Boards of trustees shall either prescribe by regulation or
negotiate pursuant to chapter 288 of NRS,
with respect to sick leave, accumulation of sick leave, payment for
unused sick leave, sabbatical leave, personal leave, professional leave,
military leave and such other leave as they determine to be necessary or
desirable for employees. In addition, boards of trustees may either
prescribe by regulation or negotiate pursuant to chapter 288 of NRS with respect to the payment of unused sick
leave to licensed teachers in the form of purchase of service pursuant to
subsection 4 of NRS 286.300 . The amount
of service so purchased must not exceed the number of hours of unused
sick leave or 1 year, whichever is less.
6. The salary of any employee unavoidably absent because of
personal illness or accident, or because of serious illness, accident or
death in the family, may be paid up to the number of days of sick leave
accumulated by the employee. An employee may not be credited with more
than 15 days of sick leave in any 1 school year. Except as otherwise
provided in this subsection, if an employee takes a position with another
school district or charter school, all sick leave that he has accumulated
must be transferred from his former school district or charter school to
his new school district or charter school. The amount of sick leave so
transferred may not exceed the maximum amount of sick leave which may be
carried forward from one year to the next according to the applicable
negotiated agreement or the policy of the district or charter school into
which the employee transferred. Unless the applicable negotiated
agreement or policy of the employing district or charter school provides
otherwise, such an employee:
(a) Shall first use the sick leave credited to the employee from
the district or charter school into which he transferred before using any
of the transferred leave; and
(b) Is not entitled to compensation for any sick leave transferred
pursuant to this subsection.
7. Subject to the provisions of subsection 8:
(a) If an intermission of less than 6 days is ordered by the board
of trustees of a school district or the governing body of a charter
school for any good reason, no deduction of salary may be made therefor.
(b) If, on account of sickness, epidemic or other emergency in the
community, a longer intermission is ordered by the board of trustees of a
school district, the governing body of a charter school or a board of
health and the intermission or closing does not exceed 30 days at any one
time, there may be no deduction or discontinuance of salaries.
8. If the board of trustees of a school district or the governing
body of a charter school orders an extension of the number of days of
school to compensate for the days lost as the result of an intermission
because of those reasons contained in paragraph (b) of subsection 7, an
employee may be required to render his services to the school district or
charter school during that extended period. If the salary of the employee
was continued during the period of intermission as provided in subsection
7, the employee is not entitled to additional compensation for services
rendered during the extended period.
9. If any subject referred to in this section is included in an
agreement or contract negotiated by:
(a) The board of trustees of a school district pursuant to chapter
288 of NRS; or
(b) The governing body of a charter school pursuant to NRS 386.595
,
Ê the provisions of the agreement or contract regarding that subject
supersede any conflicting provisions of this section or of a regulation
of the board of trustees.
[340:32:1956]—(NRS A 1959, 205, 806; 1960, 31; 1965, 707; 1971,
648; 1973, 1292; 1977, 514; 1979, 296; 1987, 1001; 1991, 958; 1993, 1334;
1997, 1872; 1999, 1557 ; 2005, 951 )
The salaries of:
1. Teachers and other licensed personnel in a school district, as
determined by the contracts between the teachers and other licensed
employees and the board of trustees; and
2. Teachers in a charter school,
Ê are prior claims upon the school district fund.
[342:32:1956]—(NRS A 1979, 1605; 1987, 1002; 1999, 3314 )
1. Except as otherwise provided in subsection 2, any involuntary
transfer or reassignment of an unlicensed employee must be based on
assignment and seniority and may not be made as a form of discipline.
2. An unlicensed employee may be reassigned for less than 30 days
in response to temporary requirements for work.
3. If an unlicensed employee believes an involuntary transfer or
reassignment was made as a form of discipline, he is entitled to a
hearing on that issue.
(Added to NRS by 1987, 1162)
NURSING SERVICES
1. The provision of nursing services in a school district by
school nurses and other qualified personnel must be under the direction
and supervision of a chief nurse who is a registered nurse as provided in
NRS 632.240 and who:
(a) Holds an endorsement to serve as a school nurse issued pursuant
to regulations adopted by the Commission; or
(b) Is employed by a state, county, city or district health
department and provides nursing services to the school district in the
course of that employment.
2. A school district shall not employ a person to serve as a
school nurse unless he holds an endorsement to serve as a school nurse
issued pursuant to regulations adopted by the Commission.
(Added to NRS by 1991, 1697; A 2001, 540 )
A school nurse shall, for
each school at which he is responsible for providing nursing services:
1. Ensure that each pupil enrolled in the school has been
immunized in accordance with, is exempt from or has otherwise complied
with, the requirements set forth in NRS 392.435 to 392.446 ,
inclusive.
2. Assess and evaluate the general health and physical development
of the pupils enrolled in the school to identify those pupils who have
physical or mental conditions that impede their ability to learn.
3. Report the results of an evaluation conducted pursuant to
subsection 2 to:
(a) A parent or guardian of the pupil;
(b) Each administrator and teacher directly involved with the
education of the pupil; and
(c) Other professional personnel within the school district who
need the information to assist the pupil with his health or education.
4. Design and carry out a plan of nursing care for a pupil with
special needs which incorporates any plan specified by the pupil’s
physician or provider of health care, as defined in NRS 629.031 , and which is approved by the pupil’s parent
or guardian. The nursing services provided pursuant to a plan of nursing
care must be performed in compliance with chapter 632 of NRS.
5. When appropriate, refer a pupil and his parent or guardian to
other sources in the community to obtain services necessary for the
health of the pupil.
6. Interpret medical and nursing information that relates to a
pupil’s individual educational plan or individualized accommodation plan
and make recommendations to:
(a) Professional personnel directly involved with that pupil; and
(b) The parents or guardian of that pupil.
(Added to NRS by 1991, 1697; A 2001, 540 )
POWERS, DUTIES AND SUPERVISION OF PERSONNEL
The board of trustees of a school district may direct the
administrators, principals, teachers and other licensed personnel
employed by them to exercise such powers and authority in the schools as
the board of trustees has under this title of NRS.
[343:32:1956]—(NRS A 1967, 456; 1979, 1605; 1987, 1002)
1. Except as otherwise provided in subsection 3, upon the opening
of any public school in this state, every teacher and other licensed
employee employed for that school shall file with the superintendent of
the county school district a Nevada license entitling the holder to teach
or perform other educational functions in the school in which he will be
employed, and any other report that the Superintendent of Public
Instruction requires.
2. The superintendent of the county school district shall
acknowledge the receipt of each license and shall make a proper record
thereof in his office. The license must remain on file and be safely kept
in the office of the superintendent of the county school district.
3. This section does not apply to unlicensed teachers who are
employed by a charter school.
[345:32:1956]—(NRS A 1959, 806; 1960, 29; 1969, 128; 1971, 524;
1979, 1605; 1987, 1002; 1999, 3314 )
1. Except as otherwise provided in subsection 2, each teacher in
the public schools shall keep a true, full and correct register of all
pupils attending such school as required by the board of trustees of the
school district in accordance with the regulations prescribed by the
Superintendent of Public Instruction.
2. Each teacher in a charter school shall keep a record of the
enrollment of pupils in the charter school in accordance with the
regulations prescribed by the Superintendent of Public Instruction.
[346:32:1956]—(NRS A 1971, 549; 1979, 1605; 1999, 3314 )
1. Except as otherwise provided in subsection 2, each teacher in
the public schools shall enforce the course of study as prescribed by
law, the use of legally authorized textbooks, and the rules and
regulations prescribed for teachers and schools.
2. The provisions of subsection 1 do not prohibit a charter school
from:
(a) Offering courses of study other than the courses of study
prescribed by law;
(b) Using textbooks other than the textbooks that are legally
authorized for use in the school district; or
(c) Enforcing rules and regulations other than the rules and
regulations prescribed.
[348:32:1956]—(NRS A 1997, 1873)
Every teacher in the public schools shall hold pupils to a strict
account of their conduct on and in close proximity to the school grounds,
on the play ground, and during any intermission.
[349:32:1956]
1. If a person who is or was employed by a school district is
charged by criminal complaint with assault, battery or a similar crime as
a result of his actions in attempting to maintain a safe or peaceful
school environment, the school district shall, as soon as practicable,
provide for the legal defense of the employee in that case. The school
district shall not require a waiver of the attorney-client privilege as a
condition of providing the defense.
2. In any case in which the school district is required to provide
for an employee’s legal defense pursuant to subsection 1, the court shall
include in its judgment a finding as to whether the conduct of the
defendant which was alleged to be criminal was within the scope of his
employment and whether the conduct was malicious or wanton.
3. If the court finds that the conduct of the defendant was not
within the scope of his employment or was wanton or malicious, the
employee or former employee is liable to the school district for the
amount expended by the school district for his defense.
(Added to NRS by 1989, 1991)
1. Except as otherwise provided in subsections 4 and 10, the
unlicensed personnel of a school district must be directly supervised by
licensed personnel in all duties which are instructional in nature. To
the extent practicable, the direct supervision must be such that the
unlicensed personnel are in the immediate location of the licensed
personnel and are readily available during such times when supervision is
required.
2. Unlicensed personnel who are exempted pursuant to subsection 4
must be under administrative supervision when performing duties which are
instructional in nature.
3. Unlicensed personnel may temporarily perform duties under
administrative supervision which are not primarily instructional in
nature.
4. Except as otherwise provided in subsection 5, upon application
by a superintendent of schools, the Superintendent of Public Instruction
may grant an exemption from the provisions of subsection 1. The
Superintendent shall not grant an exemption unless:
(a) The duties are within the employee’s special expertise or
training;
(b) The duties relate to the humanities or an elective course of
study, or are supplemental to the basic curriculum of a school;
(c) The performance of the duties does not result in the
replacement of a licensed employee or prevent the employment of a
licensed person willing to perform those duties;
(d) The secondary or combined school in which the duties will be
performed has less than 100 pupils enrolled and is at least 30 miles from
a school in which the duties are performed by licensed personnel; and
(e) The unlicensed employee submits his fingerprints for an
investigation pursuant to NRS 391.033 .
5. The exemption authorized by subsection 4 does not apply to a
paraprofessional if the provisions of 20 U.S.C. § 6319 and the
regulations adopted pursuant thereto require the paraprofessional to be
directly supervised by a licensed teacher.
6. The Superintendent of Public Instruction shall file a record of
all exempt personnel with the clerk of the board of trustees of each
local school district, and advise the clerk of any changes therein. The
record must contain:
(a) The name of the exempt employee;
(b) The specific instructional duties he may perform;
(c) Any terms or conditions of the exemption deemed appropriate by
the Superintendent of Public Instruction; and
(d) The date the exemption expires or a statement that the
exemption is valid as long as the employee remains in the same position
at the same school.
7. The Superintendent of Public Instruction may adopt regulations
prescribing the procedure to apply for an exemption pursuant to this
section and the criteria for the granting of such exemptions.
8. Except in an emergency, it is unlawful for the board of
trustees of a school district to allow a person employed as a teacher’s
aide to serve as a teacher unless the person is a legally qualified
teacher licensed by the Superintendent of Public Instruction. As used in
this subsection, “emergency” means an unforeseen circumstance which
requires immediate action and includes the fact that a licensed teacher
or substitute teacher is not immediately available.
9. If the Superintendent of Public Instruction determines that the
board of trustees of a school district has violated the provisions of
subsection 8, he shall take such actions as are necessary to reduce the
amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the
following numbers are multiplied together:
(a) The number of days on which the violation occurred;
(b) The number of pupils in the classroom taught by the teacher’s
aide; and
(c) The number of dollars of basic support apportioned to the
district per pupil per day pursuant to NRS 387.1233 .
10. The provisions of this section do not apply to unlicensed
personnel who are employed by the governing body of a charter school,
unless a paraprofessional employed by the governing body is required to
be directly supervised by a licensed teacher pursuant to the provisions
of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto.
(Added to NRS by 1987, 1480; A 1989, 2146; 1999, 3314 ; 2003, 19th Special Session, 74 )
The
jurisdiction of each school police officer of a school district extends
to all school property, buildings and facilities within the school
district, for the purpose of:
1. Protecting school district personnel, pupils, or real or
personal property; or
2. Cooperating with local law enforcement agencies in matters
relating to personnel, pupils or real or personal property of the school
district.
(Added to NRS by 1971, 2078; A 1979, 1606; 1989, 630)
PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS
1. The board of trustees of each school district, individually or
in conjunction with other school districts, shall develop and carry out a
program to train employees who operate a boiler or other pressure vessel
which has a burner input of more than 2,500,000 British thermal units and
is located in a public or private elementary or secondary school in this
state.
2. The program must consist of instruction in the classroom and
applied instruction regarding:
(a) Various types of boilers;
(b) General procedures for the operation of boilers;
(c) Instrumentation, controls and safety devices;
(d) Methods used to control combustion and the flame;
(e) Equipment related to the burning of fuel;
(f) Equipment and accessories related to feed water and water
treatment;
(g) Care and maintenance of boilers;
(h) Safety and emergency procedures; and
(i) Any other subjects determined to be appropriate by the board.
3. The board of trustees of each school district shall submit its
program and any subsequent modifications to the program, including
curricula and materials, to the Division of Industrial Relations of the
Department of Business and Industry for its review and comment.
(Added to NRS by 1995, 908)
EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT
Every
teacher or other licensed employee, without loss of salary for the time
employed, shall attend the educational conferences held in the school
district in which he is employed unless excused for good cause by the
superintendent of schools of the district.
[350:32:1956]—(NRS A 1971, 549; 1973, 396; 1979, 1606; 1987, 1003)
The Superintendent of Public Instruction may suspend,
for a time not to exceed 1 year, the license of any teacher or other
licensed employee who has an unexcused absence from any educational
conference he is required to attend.
(Added to NRS by 1979, 1601; A 1987, 1003)
1. Whenever an educational conference is called by the
Superintendent of Public Instruction, the board of trustees of a school
district whose school administrators and teachers are required to attend
the educational conference shall, unless such school administrators or
teachers are excused for cause by the superintendent of schools of the
district from attendance:
(a) Pay the actual necessary transportation expenses of school
administrators and teachers of the school district to and from the
educational conference.
(b) Pay the actual necessary living expenses of school
administrators and teachers of the school district while attending the
educational conference.
2. Expenses shall be paid out of the school district fund and
claims therefor shall not exceed the statutory rate fixed for state
officers.
[351:32:1956]—(NRS A 1979, 1606)
A
board of trustees of a school district may authorize the use of school
buses to transport teachers, school administrators and other school
employees to educational conferences convened by the State Board of
Education.
[396:32:1956]—(NRS A 1979, 1616)—(Substituted in revision for NRS
392.370)
If the board of trustees of a school district or the
superintendent of schools of a school district schedules a day or days
for the professional development of teachers or administrators employed
by the school district:
1. The primary focus of that scheduled professional development
must be to improve the achievement of the pupils enrolled in the school
district, as set forth in the plan to improve the achievement of pupils
prepared pursuant to NRS 385.348 or
385.357 , as applicable.
2. The scheduled professional development must be structured so
that teachers attend professional development that is designed for the
specific subject areas or grades taught by those teachers.
(Added to NRS by 2005, 713 )
DISCIPLINARY ACTION
Suspension and Termination of Employee for Failure to Maintain Valid
License
As used in NRS 391.301 to 391.309 ,
inclusive, unless the context otherwise requires, “employee” means a
person who:
1. Is employed by a school district in this state; and
2. Is required, as a condition of his employment, to hold a
license issued pursuant to this chapter.
(Added to NRS by 2003, 2817 )
1. If an employee fails to maintain his license in force, the
school district that employs him shall:
(a) Immediately suspend the employee without pay; and
(b) Terminate his employment if he fails to reinstate his license
within the time prescribed by subsection 2 of NRS 391.305 .
2. If an employee is suspended pursuant to this section and,
within 90 days after the date of suspension, is granted by the Department
or Commission an extension of time or any other relief which has the
effect of reinstating or continuing his license in force, the suspension
of the employee is ineffective and the school district shall immediately
reinstate the employee while his license remains in force. The employee
must be reinstated to the position he held at the time of his suspension.
If the employee thereafter fails again to maintain his license in force,
the school district shall again suspend the employee without pay and
proceed in accordance with NRS 391.305 ,
391.308 and 391.309 .
(Added to NRS by 2003, 2817 )
1. If a school district is required to suspend an employee
pursuant to NRS 391.302 , the
superintendent of schools of the school district shall provide written
notice of the suspension to the employee by personal delivery or by
certified mail. The notice must:
(a) Include a copy of the text of the provisions of NRS 391.301
to 391.309 , inclusive;
(b) Inform the employee that his employment will be terminated
unless he reinstates his license within the time prescribed by subsection
2;
(c) Set forth the date on which the period for reinstatement of his
license will expire;
(d) Advise the employee of his right to a hearing pursuant to NRS
391.308 ;
(e) Include a copy of the form upon which the employee may request
a hearing; and
(f) Set forth the name and address of the person to whom a request
for a hearing should be directed.
2. If an employee reinstates his license:
(a) Within 90 days after the date of the notice of suspension; or
(b) Within any longer period authorized by the superintendent of
schools of the school district or his designee pursuant to NRS 391.308
,
Ê the school district shall immediately reinstate the employee to the
position that he held at the time of his suspension.
3. If an employee fails to reinstate his license within the time
prescribed by subsection 2, his employment shall be deemed to have
terminated as of the date of his suspension pursuant to NRS 391.302
. The superintendent of schools of the
school district shall provide written notice of the termination to the
employee by personal delivery or by certified mail. The failure of the
employee to receive the notice required by this subsection does not
render the termination ineffective.
(Added to NRS by 2003, 2817 )
1. An employee who is suspended by a school district pursuant to
NRS 391.302 is entitled to a hearing if
he makes a timely request for a hearing, as set forth in this section. A
request for a hearing must:
(a) Be received, within 15 days after the date of the notice of
suspension, by the person designated by the school district pursuant to
paragraph (f) of subsection 1 of NRS 391.305 ;
(b) Set forth any facts which the employee believes are relevant;
and
(c) Be accompanied by a copy of any documents which the employee
believes are relevant.
2. If an employee fails to make a timely request for a hearing
pursuant to this section, the right of the employee to reinstatement by
the school district pursuant to subsection 2 of NRS 391.305 is not affected if he satisfies the
requirements of that subsection.
3. If a timely request for a hearing is made, the superintendent
of schools of the school district or his designee shall convene a hearing
to consider whether extenuating circumstances exist that warrant an
extension of the time prescribed by paragraph (a) of subsection 2 of NRS
391.305 for reinstatement of his
license.
4. A hearing required by this section must be held within 20 days
after the date of notice of suspension. The employee and the school
district are each entitled to:
(a) Present evidence;
(b) Cross-examine witnesses; and
(c) Be represented by counsel or any other person.
5. Immediately upon conclusion of the hearing, the superintendent
of schools of the school district or his designee shall issue a ruling.
The ruling must:
(a) State whether the employee will be granted an extension of time
for reinstatement of his license;
(b) Set forth the factual basis for his determination; and
(c) State the date on which an extension, if any, will expire.
6. In addition to the requirements of subsection 5, the ruling
must be set forth in writing. Not later than 3 working days after the
conclusion of the hearing, a copy of the written ruling must be mailed or
personally delivered to the employee and the person who represented the
employee during the hearing, if any. The failure of an employee to
receive a copy of the written ruling does not render the ruling
ineffective.
7. If an employee is granted an extension of time pursuant to this
section, that extension is effective only for the purposes of the
employment relationship between the school district and the employee and
is not binding on the Department or Commission.
(Added to NRS by 2003, 2818 )
The provisions of NRS 391.301
to 391.309 , inclusive, do not:
1. Limit any right or remedy an employee may have against an
agency or official of this state based upon the loss of his license.
2. Preclude a school district from employing a person as a
substitute teacher or in any other position for which he is legally
qualified.
(Added to NRS by 2003, 2819 )
Suspensions, Demotions, Dismissals and Refusals to Reemploy; Reemployment
As used in NRS 391.311 to 391.3197 , inclusive, unless the context otherwise
requires:
1. “Administrator” means any employee who holds a license as an
administrator and who is employed in that capacity by a school district.
2. “Board” means the board of trustees of the school district in
which a licensed employee affected by NRS 391.311 to 391.3197 , inclusive, is employed.
3. “Demotion” means demotion of an administrator to a position of
lesser rank, responsibility or pay and does not include transfer or
reassignment for purposes of an administrative reorganization.
4. “Immorality” means:
(a) An act forbidden by NRS 200.366 , 200.368 ,
200.400 , 200.508 , 201.180 ,
201.190 , 201.210 , 201.220 ,
201.230 , 201.265 , 201.540 ,
201.560 , 207.260 , 453.316 to
453.336 , inclusive, 453.337 , 453.338 ,
453.3385 to 453.3405 , inclusive, 453.560 or 453.562 ;
or
(b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted
sexual conduct with a pupil enrolled in an elementary or secondary
school. As used in this paragraph, “sexual conduct” has the meaning
ascribed to it in NRS 201.520 .
5. “Postprobationary employee” means an administrator or a teacher
who has completed the probationary period as provided in NRS 391.3197
and has been given notice of
reemployment.
6. “Probationary employee” means an administrator or a teacher who
is employed for the period set forth in NRS 391.3197 .
7. “Superintendent” means the superintendent of a school district
or a person designated by the board or superintendent to act as
superintendent during the absence of the superintendent.
8. “Teacher” means a licensed employee the majority of whose
working time is devoted to the rendering of direct educational service to
pupils of a school district.
(Added to NRS by 1967, 968; A 1969, 271; 1971, 380; 1973, 790;
1979, 658, 1606, 1829; 1985, 1083; 1987, 1003; 2003, 431 , 1394 , 2819 )
311 to 391.3197 , inclusive.
1. The demotion, suspension, dismissal and nonreemployment
provisions of NRS 391.311 to 391.3197
, inclusive, do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. The provisions of NRS 391.311
to 391.3194 , inclusive, do not apply
to a teacher whose employment is suspended or terminated pursuant to
subsection 3 of NRS 391.120 for failure
to maintain a license in force.
3. A licensed employee who is employed in a position fully funded
by a federal or private categorical grant or to replace another licensed
employee during that employee’s leave of absence is employed only for the
duration of the grant or leave. Such a licensed employee and licensed
employees who are employed on temporary contracts for 90 school days or
less, or its equivalent in a school district operating under an
alternative schedule authorized pursuant to NRS 388.090 , to replace licensed employees whose
employment has terminated after the beginning of the school year are
entitled to credit for that time in fulfilling any period of probation
and during that time the provisions of NRS 391.311 to 391.3197 , inclusive, for demotion, suspension or
dismissal apply to them.
(Added to NRS by 1971, 380; A 1973, 791; 1979, 1607, 1830; 1987,
1003; 2003, 2820 , 3217 )
311 to
391.3197 , inclusive. The provisions
of NRS 391.311 to 391.3197 , inclusive, do not apply to a teacher,
administrator, or other licensed employee who has entered into a contract
with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions
relating to the board’s right to dismiss or refuse to reemploy the
employee or demote an administrator.
(Added to NRS by 1973, 790; A 1979, 1607, 1830; 1987, 1004)
1. A teacher may be suspended, dismissed or not reemployed and an
administrator may be demoted, suspended, dismissed or not reemployed for
the following reasons:
(a) Inefficiency;
(b) Immorality;
(c) Unprofessional conduct;
(d) Insubordination;
(e) Neglect of duty;
(f) Physical or mental incapacity;
(g) A justifiable decrease in the number of positions due to
decreased enrollment or district reorganization;
(h) Conviction of a felony or of a crime involving moral turpitude;
(i) Inadequate performance;
(j) Evident unfitness for service;
(k) Failure to comply with such reasonable requirements as a board
may prescribe;
(l) Failure to show normal improvement and evidence of professional
training and growth;
(m) Advocating overthrow of the Government of the United States or
of the State of Nevada by force, violence or other unlawful means, or the
advocating or teaching of communism with the intent to indoctrinate
pupils to subscribe to communistic philosophy;
(n) Any cause which constitutes grounds for the revocation of a
teacher’s license;
(o) Willful neglect or failure to observe and carry out the
requirements of this title;
(p) Dishonesty;
(q) Breaches in the security or confidentiality of the questions
and answers of the achievement and proficiency examinations that are
administered pursuant to NRS 389.015 ;
(r) Intentional failure to observe and carry out the requirements
of a plan to ensure the security of examinations adopted pursuant to NRS
389.616 or 389.620 ; or
(s) An intentional violation of NRS 388.5265 or 388.527 .
2. In determining whether the professional performance of a
licensed employee is inadequate, consideration must be given to the
regular and special evaluation reports prepared in accordance with the
policy of the employing school district and to any written standards of
performance which may have been adopted by the board.
(Added to NRS by 1967, 968; A 1973, 791; 1987, 1004; 1999, 1434
, 3241 ; 2001, 1211 )
1. It is the intent of the Legislature that a uniform system be
developed for objective evaluation of teachers and other licensed
personnel in each school district.
2. Each board, following consultation with and involvement of
elected representatives of the teachers or their designees, shall develop
a policy for objective evaluations in narrative form. The policy must set
forth a means according to which an employee’s overall performance may be
determined to be satisfactory or unsatisfactory. The policy may include
an evaluation by the teacher, pupils, administrators or other teachers or
any combination thereof. In a similar manner, counselors, librarians and
other licensed personnel must be evaluated on forms developed
specifically for their respective specialties. A copy of the policy
adopted by the board must be filed with the Department. The primary
purpose of an evaluation is to provide a format for constructive
assistance. Evaluations, while not the sole criterion, must be used in
the dismissal process.
3. A conference and a written evaluation for a probationary
employee must be concluded no later than:
(a) December 1;
(b) February 1; and
(c) April 1,
Ê of each school year of the probationary period, except that a
probationary employee assigned to a school that operates all year must be
evaluated at least three times during each 12 months of employment on a
schedule determined by the board.
4. Whenever an administrator charged with the evaluation of a
probationary employee believes the employee will not be reemployed for
the second year of the probationary period or the school year following
the probationary period, he shall bring the matter to the employee’s
attention in a written document which is separate from the evaluation no
later than February 15 of the current school year. The notice must
include the reasons for the potential decision not to reemploy or refer
to the evaluation in which the reasons are stated. Such a notice is not
required if the probationary employee has received a letter of admonition
during the current school year.
5. Each postprobationary teacher must be evaluated at least once
each year.
6. The evaluation of a probationary teacher or a postprobationary
teacher must, if necessary, include recommendations for improvements in
his performance. A reasonable effort must be made to assist the teacher
to correct any deficiencies noted in the evaluation. The teacher must
receive a copy of each evaluation not later than 15 days after the
evaluation. A copy of the evaluation and the teacher’s response must be
permanently attached to the teacher’s personnel file.
(Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985,
1084; 1987, 1005; 1989, 1426; 1995, 393)
1. Each board, following consultation with and involvement of
elected representatives of administrative personnel or their designated
representatives, shall develop an objective policy for the objective
evaluation of administrators in narrative form. The policy must set forth
a means according to which an administrator’s overall performance may be
determined to be satisfactory or unsatisfactory. The policy may include
an evaluation by the administrator, superintendent, pupils or other
administrators or any combination thereof. A copy of the policy adopted
by the board must be filed with the Department and made available to the
Commission.
2. Each administrator must be evaluated in writing at least once a
year.
3. Before a superintendent transfers or assigns an administrator
to another administrative position as part of an administrative
reorganization, if the transfer or reassignment is to a position of lower
rank, responsibility or pay, he shall give written notice of the proposed
transfer or assignment to the administrator at least 30 days before the
date on which it is to be effective. The administrator may appeal the
decision of the superintendent to the board by requesting a hearing in
writing to the president of the board within 5 days after receiving the
notice from the superintendent. The board shall hear the matter within 10
days after the president receives the request, and shall render its
decision within 5 days after the hearing. The decision of the board is
final.
(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985,
1085; 1987, 1005)
1. Whenever an administrator charged with supervision of a
licensed employee believes it is necessary to admonish the employee for a
reason that he believes may lead to demotion, dismissal or cause the
employee not to be reemployed under the provisions of NRS 391.312 , he shall:
(a) Except as otherwise provided in subsection 2, bring the matter
to the attention of the employee involved, in writing, stating the
reasons for the admonition and that it may lead to his demotion,
dismissal or a refusal to reemploy him, and make a reasonable effort to
assist the employee to correct whatever appears to be the cause for his
potential demotion, dismissal or a potential recommendation not to
reemploy him; and
(b) Except as otherwise provided in NRS 391.314 , allow reasonable time for improvement, which
must not exceed 3 months for the first admonition.
Ê An admonition issued to a licensed employee who, within the time
granted for improvement, has met the standards set for him by the
administrator who issued the admonition must be removed from the records
of the employee together with all notations and indications of its having
been issued. The admonition must be removed from the records of the
employee not later than 3 years after it is issued.
2. An administrator need not admonish an employee pursuant to
paragraph (a) of subsection 1 if his employment will be terminated
pursuant to NRS 391.3197 . If by
February 15 of the first or second year of his probationary period a
probationary employee does not receive a written notice pursuant to
subsection 4 of NRS 391.3125 of a
potential decision not to reemploy him, he must receive an admonition
before any such decision is made.
3. A licensed employee is subject to immediate dismissal or a
refusal to reemploy according to the procedures provided in NRS 391.311
to 391.3197 , inclusive, without the admonition required
by this section, on grounds contained in paragraphs (b), (f), (g), (h)
and (p) of subsection 1 of NRS 391.312 .
(Added to NRS by 1967, 968; A 1969, 853; 1973, 792; 1977, 1379;
1979, 1831; 1985, 1085; 1987, 1006; 1989, 1427; 1995, 394)
1. If a superintendent has reason to believe that cause exists for
the dismissal of a licensed employee and he is of the opinion that the
immediate suspension of the employee is necessary in the best interests
of the pupils in the district, the superintendent may suspend the
employee without notice and without a hearing. Notwithstanding the
provisions of NRS 391.312 , a
superintendent may suspend a licensed employee who has been officially
charged but not yet convicted of a felony or a crime involving moral
turpitude or immorality. If the charge is dismissed or if the employee is
found not guilty, he must be reinstated with back pay, plus interest, and
normal seniority. The superintendent shall notify the employee in writing
of the suspension.
2. Within 5 days after a suspension becomes effective, the
superintendent shall begin proceedings pursuant to the provisions of NRS
391.312 to 391.3196 , inclusive, to effect the employee’s
dismissal. The employee is entitled to continue to receive his salary and
other benefits after the suspension becomes effective until the date on
which the dismissal proceedings are commenced. The superintendent may
recommend that an employee who has been charged with a felony or a crime
involving immorality be dismissed for another ground set forth in NRS
391.312 .
3. If sufficient grounds for dismissal do not exist, the employee
must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond
or other security which is acceptable to the board as a guarantee that he
will repay any amounts paid to him pursuant to this subsection as salary
during a period of suspension is entitled to continue to receive his
salary from the date on which the dismissal proceedings are commenced
until the decision of the board or the report of the hearing officer, if
the report is final and binding. The board shall not unreasonably refuse
to accept security other than a bond. An employee who receives salary
pursuant to this subsection shall repay it if he is dismissed or not
reemployed as a result of a decision of the board or a report of a
hearing officer.
5. A licensed employee who is convicted of a crime which requires
registration pursuant to NRS 179D.200
to 179D.290 , inclusive, or 179D.350
to 179D.550 , inclusive, or is convicted of an act
forbidden by NRS 200.508 , 201.190
, 201.265 , 201.540 ,
201.560 or 207.260 forfeits all rights of employment from the
date of his arrest.
6. A licensed employee who is convicted of any crime and who is
sentenced to and serves any sentence of imprisonment forfeits all rights
of employment from the date of his arrest or the date on which his
employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime
involving immorality or moral turpitude and who waives his right to a
speedy trial while suspended may receive no more than 12 months of back
pay and seniority upon reinstatement if he is found not guilty or the
charges are dismissed, unless proceedings have been begun to dismiss the
employee upon one of the other grounds set forth in NRS 391.312 .
8. A superintendent may discipline a licensed employee by
suspending the employee with loss of pay at any time after a hearing has
been held which affords the due process provided for in this chapter. The
grounds for suspension are the same as the grounds contained in NRS
391.312 . An employee may be suspended
more than once during the employee’s contract year, but the total number
of days of suspension may not exceed 20 in 1 contract year. Unless
circumstances require otherwise, the suspensions must be progressively
longer.
(Added to NRS by 1967, 969; A 1971, 380; 1973, 792; 1977, 1380;
1979, 1832; 1985, 1086; 1987, 1007; 1991, 945; 1997, 1687; 2003, 432
, 1394 )
1. A superintendent may recommend that a teacher be dismissed or
not reemployed.
2. A superintendent may recommend that an administrator be
demoted, dismissed or not reemployed.
3. The board may recommend that a superintendent be dismissed or
not reemployed.
4. If the board recommends that a superintendent be demoted,
dismissed or not reemployed, it may request the appointment of a hearing
officer, depending upon the grounds for the recommendation.
(Added to NRS by 1967, 969; A 1973, 793; 1979, 1833)
1. Each request for the appointment of a person to serve as a
hearing officer must be submitted to the Superintendent of Public
Instruction.
2. Within 10 days after receipt of such a request, the
Superintendent of Public Instruction shall request that the Hearings
Division of the Department of Administration appoint a hearing officer.
3. The State Board shall prescribe the procedures for exercising
challenges to a hearing officer, including, without limitation, the
number of challenges that may be exercised and the time limits in which
the challenges must be exercised.
4. A hearing officer shall conduct hearings in cases of demotion,
dismissal or a refusal to reemploy based on the grounds contained in
subsection 1 of NRS 391.312 .
5. This section does not preclude the employee and the
superintendent from mutually selecting an attorney who is a resident of
this State, an arbitrator provided by the American Arbitration
Association or a representative of an agency or organization that
provides alternative dispute resolution services to serve as a hearing
officer to conduct a particular hearing.
(Added to NRS by 1973, 789; A 1979, 1608, 1833; 1985, 1048; 1993,
183; 2005, 464 )
1. At least 15 days before recommending to a board that it demote,
dismiss or not reemploy a postprobationary employee, or dismiss or demote
a probationary employee, the superintendent shall give written notice to
the employee, by registered or certified mail, of his intention to make
the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the
recommendation.
(b) Inform the employee that, if a written request therefor is
directed to the superintendent within 10 days after receipt of the
notice, the employee is entitled to a hearing before a hearing officer.
(c) Refer to chapter 391 of NRS.
(Added to NRS by 1967, 969; A 1973, 793; 1979, 1833; 1985, 1087;
1987, 1008; 1989, 1427; 2005, 465 )
1. If a request for a hearing is not made within the time allowed,
the superintendent shall file his recommendation with the board. The
board may, by resolution, act on the recommendation as it sees fit.
2. If a request for a hearing is made, the superintendent shall
not file his recommendation with the board until a report of the hearing
officer is filed with him.
(Added to NRS by 1967, 970; A 1973, 794; 1979, 1834)
Repealed. (See chapter 136, Statutes of Nevada 2005, at
page 466 .)
Repealed. (See chapter 136, Statutes
of Nevada 2005, at page 466 .)
1. As soon as possible after the time of his designation, the
hearing officer shall hold a hearing to determine whether the grounds for
the recommendation are substantiated.
2. The Superintendent of Public Instruction shall furnish the
hearing officer with any assistance which is reasonably required to
conduct the hearing, and the hearing officer may require witnesses to
give testimony under oath and produce evidence relevant to the
investigation.
3. The licensed employee and superintendent are entitled to be
heard, to be represented by an attorney and to call witnesses in their
behalf.
4. The hearing officer is entitled to be reimbursed for his
reasonable actual expenses.
5. If requested by the hearing officer, an official transcript
must be made.
6. The board and the licensed employee are equally responsible for
the expense of and compensation for the hearing officer and the expense
of the official transcript.
7. The State Board shall develop a set of uniform standards and
procedures to be used in such a hearing. The technical rules of evidence
do not apply to this hearing.
(Added to NRS by 1967, 970; A 1973, 794; 1979, 1610, 1834; 1985,
1049; 1987, 1009; 2005, 465 )
The licensed employee or a witness at
a hearing under NRS 391.311 to 391.3196
, inclusive, who is a person with a
disability as defined in NRS 50.050 , is
entitled to the services of an interpreter at public expense, subject to
the provisions of NRS 50.052 and 50.053
. The interpreter must be:
1. Qualified to engage in the practice of interpreting in this
state pursuant to subsection 2 of NRS 656A.100 ; and
2. Appointed by the hearing officer.
(Added to NRS by 1979, 658; A 1987, 1009; 2001, 1778 )
1. Except as otherwise provided in subsection 3, within 30 days
after the time of his designation, the hearing officer shall complete the
hearing and shall prepare and file a written report with the
superintendent and the licensed employee involved not later than 15 days
after the conclusion of the hearing.
2. The report must contain an outline of the scope of the hearing,
findings of fact and conclusions of law, and recommend a course of action
to be taken by the board. The report of the hearing officer is final and
binding on the employee and the board if the employee and the
superintendent have so agreed before the selection of the hearing officer
was begun.
3. If it appears that the report cannot be prepared within 15
days, the licensed employee and the superintendent shall be so notified
before the end of that period, and the hearing officer may take the time
necessary not exceeding 30 days following the conclusion of the hearing
to file the written report and recommendation.
4. The licensed employee and the superintendent or his designee
may mutually agree to waive any of the time limits applicable to the
hearing procedure.
(Added to NRS by 1967, 970; A 1971, 381; 1973, 795; 1979, 1610,
1835; 1987, 1009)
1. Within 5 days after the superintendent receives the report of
the hearing officer he shall either withdraw the recommendation to
demote, dismiss or not reemploy the licensed employee or file his
recommendation with the board.
2. Within 15 days after the receipt of the recommendation of the
superintendent, the board shall either accept or reject the hearing
officer’s recommendation and notify the licensed employee in writing of
its decision.
3. The board may, before making a decision, refer the report back
to the hearing officer for further evidence and recommendations. Within
15 days after the report is referred to him, the hearing officer shall
complete the report and file it with the board and mail a copy to the
superintendent and licensed employee.
4. The licensed employee may appeal the decision to a district
court within the time limits and in the manner provided by law for
appeals of administrative decisions of state agencies. If the report of
the hearing officer is final and binding, the employee or the board may
request judicial review of the report in the manner provided in NRS
38.241 and 38.242 .
(Added to NRS by 1967, 971; A 1971, 381; 1973, 795; 1979, 1611,
1835; 1987, 1010; 2001, 1285 ; 2003, 35 , 41 )
1. On or before May 1 of each year, the board shall notify
postprobationary employees in their employ, in writing, by certified mail
or by delivery of the employee’s contract, concerning their reemployment
for the ensuing year. If the board, or the person designated by it, fails
to notify a postprobationary employee who has been employed by a school
district of his status for the ensuing year, the employee shall be deemed
to be reemployed for the ensuing year under the same terms and conditions
as he is employed for the current year.
2. This section does not apply to any licensed employee who has
been recommended to be demoted, dismissed or not reemployed if
proceedings have commenced and no final decision has been made by the
board. A licensed employee may be demoted or dismissed for grounds set
forth in NRS 391.312 after he has been
notified that he is to be reemployed for the ensuing year.
3. Any licensed employee who is reemployed pursuant to subsection
1 shall, by May 10, notify the board in writing of his acceptance of
employment. Failure on the part of the employee to notify the board of
his acceptance within the specified time is conclusive evidence of the
employee’s rejection of the contract.
4. If the licensed employees are represented by a recognized
employee organization and negotiation has been commenced pursuant to NRS
288.180 , then the provisions of
subsections 1, 2 and 3 do not apply except in the case of a demotion,
dismissal or decision not to reemploy an employee. Before May 10 of each
year, the employees shall notify the board in writing, on forms provided
by the board, of their acceptance of reemployment. Any agreement
negotiated by the recognized employee organization and the board becomes
a part of the contract of employment between the board and the employee.
The board shall mail contracts, by certified mail with return receipts
requested, to each employee to be reemployed at his last known address or
shall deliver the contract in person to each employee, obtaining a
receipt therefor. Failure on the part of the employee to notify the board
of his acceptance within 10 days after receipt of the contract is
conclusive evidence of the employee’s rejection of the contract.
(Added to NRS by 1967, 971; A 1971, 10; 1973, 796; 1979, 1611,
1836; 1985, 1087; 1987, 1010; 1989, 1428)
Except as otherwise provided in
this section, if a postprobationary employee of a school district or
charter school in this state:
1. Voluntarily leaves his employment; and
2. Is, within 5 years after the date on which he left that
employment, employed by any school district or charter school in this
state in a position that is comparable to the position in which he
attained his postprobationary status,
Ê he must be allowed to continue as a postprobationary employee and must
not be required to serve the probationary period required by subsection 1
of NRS 391.3197 . This section does not
apply to a postprobationary employee who voluntarily leaves his
employment during the pendency of a proceeding for the suspension,
demotion, dismissal or refusal to reemploy the postprobationary employee.
(Added to NRS by 1985, 1083; A 1989, 325; 2001, 1906 , 3162 )
1. A probationary employee is employed on a contract basis for two
1-year periods and has no right to employment after either of the two
probationary contract years.
2. The board shall notify each probationary employee in writing on
or before May 1 of the first and second school years of his probationary
period, as appropriate, whether he is to be reemployed for the second
year of the probationary period or for the next school year as a
postprobationary employee. The employee must advise the board in writing
on or before May 10 of the first or second year of his probationary
period, as appropriate, of his acceptance of reemployment. If a
probationary employee is assigned to a school that operates all year, the
board shall notify him in writing, in both the first and second years of
his probationary period, no later than 45 days before his last day of
work for the year under his contract whether he is to be reemployed for
the second year of the probationary period or for the next school year as
a postprobationary employee. He must advise the board in writing within
10 days after the date of notification of his acceptance or rejection of
reemployment for another year. Failure to advise the board of his
acceptance of reemployment constitutes rejection of the contract.
3. A probationary employee who completes his 2-year probationary
period and receives a notice of reemployment from the school district in
the second year of his probationary period is entitled to be a
postprobationary employee in the ensuing year of employment.
4. A probationary employee who receives an unsatisfactory
evaluation may request a supplemental evaluation by another administrator
in the school district selected by him and the superintendent. If a
school district has five or fewer administrators, the supplemental
evaluator may be an administrator from another school district in the
State. If a probationary employee has received during the first school
year of his probationary period three evaluations which state that the
employee’s overall performance has been satisfactory, the superintendent
of schools of the school district or his designee shall waive the second
year of the employee’s probationary period by expressly providing in
writing on the final evaluation of the employee for the first
probationary year that the second year of his probationary period is
waived. Such an employee is entitled to be a postprobationary employee in
the ensuing year of employment.
5. If a probationary employee is notified that he will not be
reemployed for the second year of his probationary period or the ensuing
school year, his employment ends on the last day of the current school
year. The notice that he will not be reemployed must include a statement
of the reasons for that decision.
6. A new employee or a postprobationary teacher who is employed as
an administrator shall be deemed to be a probationary employee for the
purposes of this section and must serve a 2-year probationary period as
an administrator in accordance with the provisions of this section. If
the administrator does not receive an unsatisfactory evaluation during
the first year of probation, the superintendent or his designee shall
waive the second year of the administrator’s probationary period. Such an
administrator is entitled to be a postprobationary employee in the
ensuing year of employment. If:
(a) A postprobationary teacher who is an administrator is not
reemployed as an administrator after either year of his probationary
period; and
(b) There is a position as a teacher available for the ensuing
school year in the school district in which the person is employed,
Ê the board of trustees of the school district shall, on or before May 1,
offer the person a contract as a teacher for the ensuing school year. The
person may accept the contract in writing on or before May 10. If the
person fails to accept the contract as a teacher, the person shall be
deemed to have rejected the offer of a contract as a teacher.
7. An administrator who has completed his probationary period
pursuant to subsection 6 and is thereafter promoted to the position of
principal must serve an additional probationary period of 1 year in the
position of principal. If the administrator serving the additional
probationary period is not reemployed as a principal after the expiration
of the additional probationary period, the board of trustees of the
school district in which the person is employed shall, on or before May
1, offer the person a contract for the ensuing school year for the
administrative position in which the person attained postprobationary
status. The person may accept the contract in writing on or before May
10. If the person fails to accept such a contract, the person shall be
deemed to have rejected the offer of employment.
8. Before dismissal, the probationary employee is entitled to a
hearing before a hearing officer which affords due process as set out in
NRS 391.311 to 391.3196 , inclusive.
(Added to NRS by 1969, 272; A 1971, 382; 1973, 790, 797; 1975, 615;
1977, 1380; 1979, 1836; 1985, 1088; 1989, 1428; 1995, 395; 2001, 606
)
Suspension and Revocation of Licenses
The State Board of Education may suspend or revoke the license of
any teacher for any cause specified by law.
[354:32:1956]—(NRS A 1979, 1612; 1987, 1011)
[Expires by limitation on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the State Board receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a license issued pursuant to this chapter, the State Board shall deem
the license issued to that person to be suspended at the end of the 30th
day after the date on which the court order was issued unless the State
Board receives a letter issued to the holder of the license by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The State Board shall reinstate a license issued pursuant to
this chapter that has been suspended by a district court pursuant to NRS
425.540 if the State Board receives a
letter issued by the district attorney or other public agency pursuant to
NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2049)
1. If the board of trustees of a school district or the
Superintendent of Public Instruction or his designee submits a
recommendation to the State Board for the suspension or revocation of a
license issued pursuant to this chapter, the State Board shall give
written notice of the recommendation to the person to whom the license
has been issued.
2. A notice given pursuant to subsection 1 must contain:
(a) A statement of the charge upon which the recommendation is
based;
(b) A copy of the recommendation received by the State Board;
(c) A statement that the licensee is entitled to a hearing before a
hearing officer if the licensee makes a written request for the hearing
as provided by subsection 3; and
(d) A statement that the grounds and procedure for the suspension
or revocation of a license are set forth in NRS 391.320 to 391.361 ,
inclusive.
3. A licensee to whom notice has been given pursuant to this
section may request a hearing before a hearing officer selected pursuant
to subsection 4. Such a request must be in writing and must be filed with
the Superintendent of Public Instruction within 15 days after receipt of
the notice by the licensee.
4. Upon receipt of a request filed pursuant to subsection 3, the
Superintendent of Public Instruction shall request from the Hearings
Division of the Department of Administration a list of potential hearing
officers. The licensee requesting a hearing and the Superintendent of
Public Instruction shall select a person to serve as hearing officer from
the list provided by the Hearings Division of the Department of
Administration by alternately striking one name until the name of only
one hearing officer remains. The Superintendent of Public Instruction
shall strike the first name.
5. If no request for a hearing is filed within the time specified
in subsection 3, the State Board may suspend or revoke the license or
take no action on the recommendation.
(Added to NRS by 1993, 857; A 2005, 465 )
1. Within 30 days after his selection as hearing officer pursuant
to NRS 391.322 , a hearing officer shall
conduct a hearing. Within 15 days after the conclusion of the hearing,
the hearing officer shall prepare and file with the Superintendent of
Public Instruction a report containing:
(a) A recommendation as to whether the license of the licensee
should be suspended or revoked; and
(b) Findings of fact and conclusions of law which support the
recommendation.
2. The State Board may accept or reject the recommendation or
refer the report back to the hearing officer for further evidence and
recommendation, and shall notify the teacher, administrator or other
licensed employee in writing of its decision. The decision of the State
Board is a final decision in a contested case.
(Added to NRS by 1993, 858)
The
State Board may suspend or revoke the license of any teacher,
administrator or other licensed employee, after notice and an opportunity
for hearing have been provided pursuant to NRS 391.322 and 391.323 ,
for:
1. Immoral or unprofessional conduct.
2. Evident unfitness for service.
3. Physical or mental incapacity which renders the teacher,
administrator or other licensed employee unfit for service.
4. Conviction of a felony or crime involving moral turpitude.
5. Conviction of a sex offense under NRS 200.366 , 200.368 ,
201.190 , 201.220 , 201.230 ,
201.540 or 201.560 in which a pupil enrolled in a school of a
county school district was the victim.
6. Knowingly advocating the overthrow of the Federal Government or
of the State of Nevada by force, violence or unlawful means.
7. Persistent defiance of or refusal to obey the regulations of
the State Board, the Commission or the Superintendent of Public
Instruction, defining and governing the duties of teachers,
administrators and other licensed employees.
8. Breaches in the security or confidentiality of the questions
and answers of the achievement and proficiency examinations that are
administered pursuant to NRS 389.015 .
9. Intentional failure to observe and carry out the requirements
of a plan to ensure the security of examinations adopted pursuant to NRS
389.616 or 389.620 .
10. An intentional violation of NRS 388.5265 or 388.527 .
[355:32:1956]—(NRS A 1975, 538; 1977, 1634; 1979, 1612; 1987, 1011;
1993, 858; 1999, 1435 , 3242 ; 2001, 1212 ; 2003, 1396 )
Any teacher, principal or superintendent who knowingly
reports, causes to be reported, or permits the report of the presence of
any pupil at school when the pupil is absent, or when school is not in
session, forfeits his license or subjects it to revocation. The license
may not be restored or a new one granted within 1 year after the
forfeiture or revocation.
[356:32:1956]—(NRS A 1987, 1011)
1. Any teacher or other licensed employee employed by any board
for a specified time who willfully refuses or fails to fulfill his
employment obligations after he has notified the board of his acceptance
of employment under subsection 3 of NRS 391.3196 or subsection 2 of NRS 391.3197 or to comply with the provisions of his
contract after it has been signed without first obtaining the written
consent of the board may be found guilty of unprofessional conduct. The
board shall not unreasonably withhold its consent. Any administrator who
willfully secures the signature on a statement of intent to accept
employment of any teacher or other licensed employee who has notified the
board of another school district in this state of his acceptance of
employment is guilty of unprofessional conduct, unless the employee has
first obtained the written consent of the board to which he has given
notice of acceptance. If the failure or refusal to comply with the
provisions of the contract is the result of having subsequently executed
an employment contract with another board in this state without the
written consent of the board first employing him, the second contract is
void.
2. Upon receiving a formal complaint from the board, substantiated
by conclusive evidence of a teacher’s failure or refusal under subsection
1 or that an administrator has willfully secured such a signature, the
State Board may suspend or revoke the license of the teacher or
administrator after notice and opportunity for a hearing have been
provided pursuant to NRS 391.322 and
391.323 .
3. The Superintendent of Public Instruction shall notify state
agencies for education in other states of any revocation pursuant to this
section.
[357:32:1956]—(NRS A 1959, 807; 1967, 967; 1975, 539; 1979, 1612;
1985, 1089; 1987, 1012; 1993, 858)
1. The State Board shall adopt rules of procedure for the conduct
of hearings conducted pursuant to NRS 391.323 .
2. The rules of procedure must provide for boards of trustees of
school districts or the Superintendent of Public Instruction or his
designee to bring charges, when cause exists.
3. A hearing officer selected pursuant to NRS 391.322 shall, upon the request of a party, issue
subpoenas to compel the attendance of witnesses and the production of
books, records, documents or other pertinent information to be used as
evidence in hearings conducted pursuant to NRS 391.323 .
(Added to NRS by 1965, 542; A 1975, 539; 1979, 1612, 1837; 1981,
512; 1987, 1012; 1993, 859)
If
charges are brought against a teacher, administrator or other educational
personnel for the suspension or revocation of his license and the State
Board of Education determines that there is not sufficient evidence to
suspend or revoke the license, the complaint and any related documents
must not be made a part of that person’s permanent employment record.
(Added to NRS by 1987, 997)
BENEFITS AND ANNUITIES
Every
school district in the State shall submit, for approval by the state
agency, as that term is defined in NRS 287.130 , its plan for extending the benefits of Title
II of the Social Security Act to licensed public school teachers in the
position of substitute teachers, immediately upon receiving a request for
such coverage pursuant to the provisions of NRS 287.190 .
(Added to NRS by 1971, 19; A 1987, 1013)
1. The board of trustees of any school district in this state may
purchase an annuity or shares for any teacher, principal, superintendent
of schools or other employee of that district under a plan which meets
the requirements 26 U.S.C. § 403(b).
2. That purchase must be made only upon the written request of the
employee and upon an agreement in writing that:
(a) The payments made constitute an allocable part of his total
compensation, as that term is defined in NRS 286.025 ;
(b) The annuity or shares so purchased are the property of that
employee and all rights thereunder are nontransferable and nonforfeitable
except for a failure to make required payments; and
(c) The board of trustees has no liability under any such
arrangement.
3. All requests under this section must be received and acted upon
without discrimination so long as the employee is within the class of
persons entitled by law to enjoy the benefits of the provisions of 26
U.S.C. § 403(b).
4. The shares purchased must be those of a regulated investment
company as permitted under 26 U.S.C. § 403(b)(7).
(Added to NRS by 1965, 712; A 1975, 1065; 1985, 794)
REGIONAL TRAINING PROGRAMS FOR THE PROFESSIONAL DEVELOPMENT OF TEACHERS
AND ADMINISTRATORS; NEVADA EARLY LITERACY INTERVENTION PROGRAMS
As used in NRS 391.500 to 391.556 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 391.504 and 391.508
have the meanings ascribed to them in
those sections.
(Added to NRS by 2001 Special Session, 176 ; A 2003, 914 )
“Regional
training program” means a regional training program for the professional
development of teachers and administrators created pursuant to NRS
391.512 .
(Added to NRS by 2001 Special Session, 176 )
“Statewide Council”
means the Statewide Council for the Coordination of the Regional Training
Programs created by NRS 391.516 .
(Added to NRS by 2001 Special Session, 176 )
1. There are hereby created the Southern Nevada Regional Training
Program, the Western Nevada Regional Training Program, the Northeastern
Nevada Regional Training Program and the Northwestern Nevada Regional
Training Program. The governing body of each regional training program
shall establish and operate a:
(a) Regional training program for the professional development of
teachers and administrators.
(b) Nevada Early Literacy Intervention Program through the regional
training program established pursuant to paragraph (a).
2. Except as otherwise provided in subsection 6, the Southern
Nevada Regional Training Program must primarily provide services to
teachers and administrators who are employed by school districts in:
(a) Clark County;
(b) Esmeralda County;
(c) Lincoln County; and
(d) Nye County.
3. Except as otherwise provided in subsection 6, the Western
Nevada Regional Training Program must primarily provide services to
teachers and administrators who are employed by school districts in:
(a) Carson City;
(b) Churchill County;
(c) Douglas County;
(d) Lyon County; and
(e) Mineral County.
4. Except as otherwise provided in subsection 6, the Northeastern
Nevada Regional Training Program must primarily provide services to
teachers and administrators who are employed by school districts in:
(a) Elko County;
(b) Eureka County;
(c) Lander County;
(d) Humboldt County; and
(e) White Pine County.
5. Except as otherwise provided in subsection 6, the Northwestern
Nevada Regional Training Program must primarily provide services to
teachers and administrators who are employed by school districts in:
(a) Pershing County;
(b) Storey County; and
(c) Washoe County.
6. Each regional training program shall, when practicable, make
reasonable accommodations for the attendance of teachers and
administrators who are employed by school districts outside the primary
jurisdiction of the regional training program.
7. The board of trustees of the:
(a) Clark County School District shall serve as the fiscal agent
for the Southern Nevada Regional Training Program.
(b) Douglas County School District shall serve as the fiscal agent
for the Western Nevada Regional Training Program.
(c) Elko County School District shall serve as the fiscal agent for
the Northeastern Nevada Regional Training Program.
(d) Washoe County School District shall serve as the fiscal agent
for the Northwestern Nevada Regional Training Program.
Ê As fiscal agent, each school district is responsible for the payment,
collection and holding of all money received from this State for the
maintenance and support of the regional training program and Nevada Early
Intervention Program established and operated by the applicable governing
body.
(Added to NRS by 2001 Special Session, 176 ; A 2003, 2795 ; 2005, 1341 )
1. The Statewide Council for the Coordination of the Regional
Training Programs, consisting of nine members, is hereby created. The
membership of the Council consists of:
(a) Each coordinator hired by the governing body of each regional
training program pursuant to NRS 391.532 .
(b) One member of the governing body of each regional training
program, appointed by the governing body. The member appointed pursuant
to this paragraph may appoint a designee to serve in his place.
(c) One representative of the Nevada State Education Association,
appointed by the President of that Association.
2. Each coordinator who serves on the Statewide Council is a
member of the Statewide Council only for the period of his service as
coordinator of the regional training program pursuant to NRS 391.532
.
3. Each member appointed by the governing body pursuant to
paragraph (b) of subsection 1 and the member appointed pursuant to
paragraph (c) of subsection 1 serve a term of 2 years.
4. Members of the Statewide Council serve without salary, but are
entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally for each day or portion of a
day during which a member attends a meeting of the Statewide Council or
is otherwise engaged in the work of the Statewide Council. For the
members of the Statewide Council who are appointed pursuant to paragraphs
(a) and (b) of subsection 1, the governing body of the regional training
program represented by those members shall pay the per diem allowance and
travel expenses. For the member of the Statewide Council who is appointed
pursuant to paragraph (c) of subsection 1, the Nevada State Education
Association shall pay the per diem allowance and travel expenses.
5. The governing bodies of the regional training programs may
mutually agree to expend a portion of their respective budgets to pay for
the administrative support of the Statewide Council.
(Added to NRS by 2001 Special Session, 177 ; A 2003, 2796 ; 2005, 1657 )
1. The Statewide Council shall meet not less than four times per
year.
2. The Statewide Council shall:
(a) Adopt uniform standards for use by the governing body of each
regional training program in the review and approval by the governing
body of the training to be provided by the regional training program
pursuant to NRS 391.540 and 391.544
. The standards must ensure that the
training provided by the regional training programs includes activities
set forth in 20 U.S.C. § 7801(34), as appropriate for the type of
training offered, is of high quality and is effective in addressing the
training programs specified in subsection 1 of NRS 391.544 .
(b) Coordinate the dissemination of information to school
districts, administrators and teachers concerning the training, programs
and services provided by the regional training programs.
(c) Disseminate information to the regional training programs
concerning innovative and effective methods to provide professional
development.
(d) Conduct long-range planning concerning the professional
development needs of teachers and administrators employed in this state.
(e) Adopt uniform procedures for use by the governing body of each
regional training program to report the evaluation conducted pursuant to
NRS 391.552 .
3. The Statewide Council may:
(a) Accept gifts and grants from any source for use by the
Statewide Council in carrying out its duties pursuant to this section and
accept gifts and grants from any source on behalf of one or more regional
training programs to assist with the training provided pursuant to NRS
391.544 ; and
(b) Comply with applicable federal laws and regulations governing
the provision of federal grants to assist the Statewide Council in
carrying out its duties pursuant to this section and comply with
applicable federal laws and regulations governing the provision of
federal grants to assist with the training provided pursuant to NRS
391.544 , including, without limitation,
providing money from the budget of the Statewide Council to match the
money received from a federal grant.
(Added to NRS by 2001 Special Session, 177 ; A 2003, 2797 ; 2003, 19th Special Session, 75 )
1. Each regional training program must have a governing body
consisting of:
(a) The superintendent of schools, or his designee, for each school
district that is included within the primary jurisdiction of the regional
training program. The superintendent of schools serves ex officio.
(b) Teachers who are considered masters, appointed by the
superintendents of schools of the school districts that are included
within the primary jurisdiction of the regional training program and the
representatives of higher education appointed to the governing body. Each
teacher who wishes to be considered for appointment to the governing body
must submit an application explaining his qualifications as a master
teacher. At least one teacher must be appointed from each school district
within the primary jurisdiction of the regional training program.
(c) Representatives of the Nevada System of Higher Education,
appointed by the Board of Regents, and representatives of other
institutions of higher education, as determined by the superintendents of
school districts included within the primary jurisdiction of the regional
training program.
(d) A nonvoting member who is an employee of the Department.
2. After the appointments are made, the governing body shall
select a chairman from among its membership.
3. Each member of the governing body shall serve a term of 2
years. A person must not be appointed to serve more than three
consecutive terms.
4. A vacancy in the governing body must be filled in the same
manner as the original appointment.
(Added to NRS by 2001 Special Session, 178 )
1. Each governing body shall meet not less than two times per year
and at the call of the chairman.
2. Members of the governing body serve without salary or
compensation for their travel or per diem expenses.
(Added to NRS by 2001 Special Session, 178 )
1. The governing body of each regional training program shall:
(a) Employ or otherwise contract with a coordinator of the program,
who serves at the pleasure of the governing body.
(b) Set the salary or other compensation of the coordinator.
2. The coordinator of each regional training program shall:
(a) Serve on the Statewide Council;
(b) Assist in the evaluation of the regional training program, as
directed by the governing body; and
(c) Perform such other duties as directed by the governing body.
(Added to NRS by 2001 Special Session, 178 ; A 2005, 1658 )
1. On an annual basis, the governing body of each regional
training program shall review the budget for the program and submit a
proposed budget to the Legislative Committee on Education. The proposed
budget must include, without limitation, the amount of money requested by
the governing body to pay for the salary or other compensation of the
coordinator of the program hired pursuant to NRS 391.532 . In even-numbered years, the proposed budget
must be submitted to the Legislative Committee on Education at least 4
months before the commencement of the next regular session of the
Legislature.
2. The governing body of a regional training program may:
(a) Accept gifts and grants from any source to assist the governing
body in providing the training required by NRS 391.544 .
(b) Comply with applicable federal laws and regulations governing
the provision of federal grants to assist with the training provided
pursuant to NRS 391.544 , including,
without limitation, providing money from the budget of the governing body
to match the money received from a federal grant.
(Added to NRS by 2001 Special Session, 178 ; A 2003, 2798 ; 2003, 19th Special Session, 76 ; 2005, 1658 )
1. The governing body of each regional training program shall:
(a) Adopt a training model, taking into consideration other model
programs, including, without limitation, the program used by the
Geographic Alliance in Nevada.
(b) Assess the training needs of teachers and administrators who
are employed by the school districts within the primary jurisdiction of
the regional training program and adopt priorities of training for the
program based upon the assessment of needs. The board of trustees of each
such school district may submit recommendations to the appropriate
governing body for the types of training that should be offered by the
regional training program.
(c) In making the assessment required by paragraph (b), review the
plans to improve the achievement of pupils prepared pursuant to NRS
385.348 by the school districts within
the primary jurisdiction of the regional training program and, as deemed
necessary by the governing body, review the plans to improve the
achievement of pupils prepared pursuant to NRS 385.357 for individual schools within the primary
jurisdiction of the regional training program.
(d) Prepare a 5-year plan for the regional training program, which
includes, without limitation:
(1) An assessment of the training needs of teachers and
administrators who are employed by the school districts within the
primary jurisdiction of the regional training program; and
(2) Specific details of the training that will be offered by
the regional training program for the first 2 years covered by the plan.
(e) Review the 5-year plan on an annual basis and make revisions to
the plan as are necessary to serve the training needs of teachers and
administrators employed by the school districts within the primary
jurisdiction of the regional training program.
2. The Department, the Nevada System of Higher Education and the
board of trustees of a school district may request the governing body of
the regional training program that serves the school district to provide
training, participate in a program or otherwise perform a service that is
in addition to the duties of the regional training program that are set
forth in the plan adopted pursuant to this section or otherwise required
by statute. An entity may not represent that a regional training program
will perform certain duties or otherwise obligate the regional training
program as part of an application by that entity for a grant unless the
entity has first obtained the written confirmation of the governing body
of the regional training program to perform those duties or obligations.
The governing body of a regional training program may, but is not
required to, grant a request pursuant to this subsection.
(Added to NRS by 2001 Special Session, 179 ; A 2003, 19th Special Session, 76
; 2005, 713 , 1658 )
1. Based upon the assessment of needs for training within the
region and priorities of training adopted by the governing body pursuant
to NRS 391.540 , each regional training
program must provide:
(a) Training for teachers in the standards established by the
Council to Establish Academic Standards for Public Schools pursuant to
NRS 389.520 .
(b) Through the Nevada Early Literacy Intervention Program
established for the regional training program, training for teachers who
teach kindergarten and grades 1, 2 or 3 on methods to teach fundamental
reading skills, including, without limitation:
(1) Phonemic awareness;
(2) Phonics;
(3) Vocabulary;
(4) Fluency;
(5) Comprehension; and
(6) Motivation.
(c) At least one of the following types of training:
(1) Training for teachers and school administrators in the
assessment and measurement of pupil achievement and the effective methods
to analyze the test results and scores of pupils to improve the
achievement and proficiency of pupils.
(2) Training for teachers in specific content areas to
enable the teachers to provide a higher level of instruction in their
respective fields of teaching. Such training must include instruction in
effective methods to teach in a content area provided by teachers who are
considered masters in that content area.
(3) In addition to the training provided pursuant to
paragraph (b) of subsection 1, training for teachers in the methods to
teach basic skills to pupils, such as providing instruction in reading
with the use of phonics and providing instruction in basic skills of
mathematics computation.
2. The training required pursuant to subsection 1 must:
(a) Include the activities set forth in 20 U.S.C. § 7801(34), as
deemed appropriate by the governing body for the type of training offered.
(b) Include appropriate procedures to ensure follow-up training for
teachers and administrators who have received training through the
program.
(c) Incorporate training that addresses the educational needs of:
(1) Pupils with disabilities who participate in programs of
special education; and
(2) Pupils who are limited English proficient.
3. The governing body of each regional training program shall
prepare and maintain a list that identifies programs for the professional
development of teachers and administrators that successfully incorporate:
(a) The standards of content and performance established by the
Council to Establish Academic Standards for Public Schools pursuant to
NRS 389.520 ;
(b) Fundamental reading skills; and
(c) Other training listed in subsection 1.
Ê The governing body shall provide a copy of the list on an annual basis
to school districts for dissemination to teachers and administrators.
4. A regional training program may include model classrooms that
demonstrate the use of educational technology for teaching and learning.
5. A regional training program may contract with the board of
trustees of a school district that is served by the regional training
program as set forth in NRS 391.512 to
provide professional development to the teachers and administrators
employed by the school district that is in addition to the training
required by this section. Any training provided pursuant to this
subsection must include the activities set forth in 20 U.S.C. § 7801(34),
as deemed appropriate by the governing body for the type of training
offered.
6. To the extent money is available from legislative appropriation
or otherwise, a regional training program may provide training to
paraprofessionals.
(Added to NRS by 2001 Special Session, 179 ; A 2003, 2798 ; 2003, 19th Special Session, 77 )
1. The governing body of a regional training program may
facilitate and coordinate access to information by teachers and
administrators concerning issues related to suicide among pupils. Such
information must be offered for educational purposes only.
2. Receipt of or access to information pursuant to subsection 1
does not create a duty for any person in addition to those duties
otherwise required in the course of his employment.
(Added to NRS by 2003, 913 )
1. To the extent that money is available from legislative
appropriation or otherwise, a regional training program must pay:
(a) The salaries and travel expenses of staff and other personnel
necessary to the operation of the program;
(b) Related administrative expenses; and
(c) The costs incurred to acquire equipment and space to operate
the program.
2. To the extent that money is available from legislative
appropriation or otherwise, a regional training program may provide
incentives for teachers to attend the regional training program,
including, without limitation:
(a) Arrangement for credit toward renewal of a license or an
endorsement for a license;
(b) Provision of books, supplies or instructional materials for the
classrooms; and
(c) Provision of stipends.
(Added to NRS by 2001 Special Session, 180 )
The governing body of each regional
training program shall:
1. Establish a method for the evaluation of the success of the
regional training program, including, without limitation, the Nevada
Early Literacy Intervention Program. The method must be consistent with
the uniform procedures adopted by the Statewide Council pursuant to NRS
391.520 .
2. On or before September 1 of each year, submit an annual report
to the State Board, the Commission, the Legislative Committee on
Education and the Legislative Bureau of Educational Accountability and
Program Evaluation that includes:
(a) The priorities for training adopted by the governing body
pursuant to NRS 391.540 .
(b) The type of training offered through the program in the
immediately preceding year.
(c) The number of teachers and administrators who received training
through the program in the immediately preceding year.
(d) The number of paraprofessionals, if any, who received training
through the program in the immediately preceding year.
(e) An evaluation of the success of the program, including, without
limitation, the Nevada Early Literacy Intervention Program, in accordance
with the method established pursuant to subsection 1.
(f) A description of the gifts and grants, if any, received by the
governing body in the immediately preceding year and the gifts and
grants, if any, received by the Statewide Council during the immediately
preceding year on behalf of the regional training program. The
description must include the manner in which the gifts and grants were
expended.
(g) The 5-year plan for the program prepared pursuant to NRS
391.540 and any revisions to the plan
made by the governing body in the immediately preceding year.
(Added to NRS by 2001 Special Session, 180 ; A 2003, 2799 ; 2003, 19th Special Session, 78 ; 2005, 1342 )
The
board of trustees of each school district shall submit an annual report
to the State Board, the Commission, the Legislative Committee on
Education and the Legislative Bureau of Educational Accountability and
Program Evaluation that includes for the immediately preceding year:
1. The number of teachers and administrators employed by the
school district who received training through the program; and
2. An evaluation of whether that training included the standards
of content and performance established by the Council to Establish
Academic Standards for Public Schools pursuant To NRS 389.520 .
(Added to NRS by 2001 Special Session, 180 )
PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTING ADMINISTRATION AND
SECURITY
As used in NRS 391.600 to 391.648 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 391.604 to 391.620
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2001, 1209 )
“Examination” means:
1. Achievement and proficiency examinations that are administered
to pupils pursuant to NRS 389.015 or
389.550 ; and
2. Any other examinations which measure the achievement and
proficiency of pupils and which are administered to pupils on a
district-wide basis.
(Added to NRS by 2001, 1209 )
“Irregularity in testing administration” means the failure to administer
an examination in the manner intended by the person or entity that
created the examination.
(Added to NRS by 2001, 1209 )
“Irregularity in testing security” means an act or omission that tends
to corrupt or impair the security of an examination, including, without
limitation:
1. The failure to comply with security procedures adopted pursuant
to NRS 389.616 or 389.620 ;
2. The disclosure of questions or answers to questions on an
examination in a manner not otherwise approved by law; and
3. Other breaches in the security or confidentiality of the
questions or answers to questions on an examination.
(Added to NRS by 2001, 1209 )
“Reprisal
or retaliatory action” includes, without limitation:
1. Frequent or undesirable changes in the location of an office;
2. Frequent or undesirable transfers or reassignments;
3. The issuance of letters of reprimand, letters of admonition or
evaluations of poor performance;
4. A demotion;
5. A reduction in pay;
6. The denial of a promotion;
7. A suspension;
8. A dismissal;
9. A transfer; or
10. Frequent changes in working hours or workdays,
Ê if such action is taken, in whole or in part, because the school
official disclosed information concerning irregularities in testing
administration or testing security.
(Added to NRS by 2001, 1209 )
“School official” means:
1. A member of a board of trustees of a school district;
2. A member of a governing body of a charter school; or
3. A licensed or unlicensed person employed by the board of
trustees of a school district or the governing body of a charter school.
(Added to NRS by 2001, 1209 )
It is hereby
declared to be the policy of this state that a school official is
encouraged to disclose, to the extent not expressly prohibited by law,
irregularities in testing administration and testing security, and it is
the intent of the Legislature to protect the rights of a school official
who makes such a disclosure.
(Added to NRS by 2001, 1209 )
1. A school official shall not directly or indirectly use or
attempt to use his official authority or influence to intimidate,
threaten, coerce, command, influence or attempt to intimidate, threaten,
coerce, command or influence another school official in an effort to
interfere with or prevent the disclosure of information concerning
irregularities in testing administration or testing security.
2. As used in this section, “official authority or influence”
includes taking, directing others to take, recommending, processing or
approving any personnel action such as an appointment, promotion,
transfer, assignment, reassignment, reinstatement, restoration,
reemployment, evaluation or other disciplinary action.
(Added to NRS by 2001, 1210 )
1. If any reprisal or retaliatory action is taken against a school
official who discloses information concerning irregularities in testing
administration or testing security within 2 years after the information
is disclosed, the school official may file a written appeal with the
State Board for a hearing on the matter and determination of whether the
action taken was a reprisal or retaliatory action. The written appeal
must be accompanied by a statement that sets forth with particularity:
(a) The facts and circumstances pursuant to which the disclosure of
information concerning irregularities in testing administration or
testing security was made; and
(b) The reprisal or retaliatory action that is alleged to have been
taken against the school official.
Ê The hearing must be conducted in accordance with the rules of procedure
adopted by the State Board pursuant to subsection 4.
2. If the State Board determines that the action taken was a
reprisal or retaliatory action, it may issue an order directing the
proper person to desist and refrain from engaging in such action.
3. The State Board may not rule against the school official based
on the identity of the person or persons to whom the information
concerning irregularities in testing administration or testing security
was disclosed.
4. The State Board shall adopt rules of procedure for conducting a
hearing pursuant to this section.
(Added to NRS by 2001, 1210 )
1. During any stage of an investigation or hearing concerning
allegations of reprisal or retaliatory action, the State Board may issue
a subpoena to compel the attendance or testimony of a witness or the
production of any relevant materials, including, but not limited to,
books, papers, documents, records, photographs, recordings, reports and
tangible objects.
2. If a witness refuses to attend, testify or produce materials as
required by the subpoena, the State Board may report to the district
court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance
or testimony of the witness or the production of materials;
(b) The witness has been subpoenaed by the State Board pursuant to
this section; and
(c) The witness has failed or refused to attend, testify or produce
materials as required by the subpoena before the State Board, or has
refused to answer questions propounded to him,
Ê and asking for an order of the court compelling the witness to attend,
testify or produce materials before the State Board.
3. Upon receipt of such a petition, the court shall enter an order
directing the witness to appear before the court at a time and place to
be fixed by the court in its order, the time to be not more than 10 days
after the date of the order, and then and there show cause why he has not
attended, testified or produced materials before the State Board. A
certified copy of the order must be served upon the witness.
4. If it appears to the court that the subpoena was regularly
issued by the State Board, the court shall enter an order that the
witness appear before the State Board at a time and place fixed in the
order and testify or produce materials, and that upon failure to obey the
order the witness must be dealt with as for contempt of court.
(Added to NRS by 2001, 1210 )
1. No school official may use the provisions of NRS 391.600 to 391.648 ,
inclusive, to harass another school official.
2. A person who willfully discloses untruthful information
concerning irregularities in testing administration or testing security:
(a) Is guilty of a misdemeanor; and
(b) Is subject to appropriate disciplinary action.
(Added to NRS by 2001, 1211 )
Each year, the Department shall
provide to the board of trustees of each school district and to the
governing body of each charter school a written summary of NRS 391.600
to 391.648 , inclusive. Upon receipt of the written
summary, the board of trustees or governing body, as appropriate, shall
provide a copy of the written summary to all other school officials
within the school district or charter school.
(Added to NRS by 2001, 1211 )
Except as otherwise provided in NRS 391.640
, the provisions of NRS 391.600 to 391.648 ,
inclusive, are intended to be directory and preventive rather than
punitive. The provisions of NRS 391.600
to 391.648 , inclusive, do not abrogate
or decrease the effect of any of the provisions of NRS that define crimes
or prescribe punishments with respect to the conduct of school officials.
(Added to NRS by 2001, 1211 )
