2017 Nevada Revised Statutes
Chapter 391 - Personnel
NRS 391.060 - Citizenship requirements for licensure and employment; exception for certain qualified persons who are not citizens; limitation on licensure and employment of persons who are not citizens; notification upon termination of employment; penalty.

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 or the governing body of the charter school, as applicable, 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 or the governing body of the charter school, as applicable, has demonstrated to the satisfaction of the Superintendent of Public Instruction that:

(1) A shortage of teachers exists; or

(2) The school district or governing body of the charter school, as applicable, has not been able to employ a person possessing the skills, experience or abilities of the person to be licensed and such skills, experience or abilities are needed to address an area of concern for the school district or charter school;

(b) The person is otherwise qualified to teach, except that the person does not meet the requirements of subsection 1; and

(c) The school district or governing body of the charter school, as applicable, agrees to employ the person.

3. If the employment of a person to whom a license is issued pursuant to subsection 2 is terminated, the school district or governing body of the charter school, as applicable, must notify the Superintendent of Public Instruction within 5 business days.

4. 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 or charter school that submitted the request for the issuance of the license to that person; and

(2) Subject area for which the person is qualified.

5. Upon compliance with all applicable federal laws and regulations, the board of trustees of a school district or the governing body of a charter school 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 or the governing body of a charter school, as applicable, pursuant to this subsection automatically expires on the date that he or she is no longer entitled to work in the United States pursuant to federal laws and regulations.

6. The State Controller or a county auditor may issue a warrant to a teacher who is employed pursuant to subsection 5.

7. 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; 2015, 239)