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Chapter 391 — Personnel

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CHAPTER 391 - PERSONNEL

GENERAL PROVISIONS

NRS 391.002 Definitions.

NRS 391.005 “Commission” defined.

NRS 391.008 “Paraprofessional” defined.

COMMISSION ON PROFESSIONAL STANDARDS IN EDUCATION

NRS 391.011 Creation; membership.

NRS 391.013 Limitation on terms of certain members.

NRS 391.015 Officers.

NRS 391.017 Meetings; quorum; travel expenses and subsistence allowances.

NRS 391.019 Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes.

NRS 391.021 Regulations governing examinations for initial licensure; Commission authorized to provide exemption.

NRS 391.023 Regulations for relief from other regulations and for resolution of medical or administrative conflicts.

NRS 391.027 Approval or disapproval of Commission’s regulations by State Board of Education.

NRS 391.029 Provision of personnel; location of offices.

LICENSING OF EDUCATIONAL PERSONNEL

NRS 391.031 Kinds of licenses.

NRS 391.032 Conditional licenses; reciprocal licensure of educational personnel from other states; Commission authorized to adopt regulations for reciprocal licensure that provide exemption from examinations.

NRS 391.033 Issuance of licenses; fingerprinting of applicants; provisional licensure authorized. [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.]

NRS 391.033 Issuance of licenses; fingerprinting of applicants; provisional licensure authorized. [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.]

NRS 391.034 Additional requirements for issuance and renewal of license: Statement regarding obligation of child support; grounds for denial of license; duty of Superintendent of Public Instruction. [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.]

NRS 391.035 Confidentiality of application.

NRS 391.037 Regulations by State Board for approval of teacher training courses offered by educational institutions; satisfactory completion of course of study required of applicants for licensure; exception.

NRS 391.038 Review, evaluation and approval of course of study and training required for licensure of educational personnel; fee for review.

NRS 391.040 Fees for issuance and renewal of licenses.

NRS 391.045 Directory of licensed personnel to be filed with clerk of board of trustees.

NRS 391.051 License is revocable privilege.

QUALIFICATIONS AND REQUIREMENTS OF TEACHERS AND OTHER EMPLOYEES

NRS 391.060 Citizenship requirements for licensure and employment; exception for certain qualified persons who are not citizens if school district demonstrates shortage; limitation on licensure and employment of persons who are not citizens; penalty.

NRS 391.070 Employment of alien teacher through program of exchange permitted.

NRS 391.080 Official oath for licensed employees; exception; persons authorized to administer oath.

NRS 391.090 Educational personnel required to show knowledge of United States Constitution and Nevada’s Constitution.

NRS 391.092 Certification in cardiopulmonary resuscitation: Establishment and submission of plan for training; requirements of plan; certain educational personnel required to establish and maintain certification; agreement to provide training.

NRS 391.094 State Board required to prescribe examination for certain paraprofessionals.

NRS 391.095 Assignment of students of Nevada System of Higher Education or accredited postsecondary educational institution for training as student teachers, as counselors or trainees in library, or for experience in teaching laboratory.

NOTICE TO PARENTS AND GUARDIANS REGARDING QUALIFICATIONS OF TEACHERS AND PARAPROFESSIONALS

NRS 391.097 Parent or guardian may request information regarding professional qualifications of teachers and paraprofessionals; annual notice of right to request information.

NRS 391.098 Notice to parent or guardian of pupil in Title I school if teacher is not highly qualified.

EMPLOYMENT AND SALARIES OF TEACHERS, PARAPROFESSIONALS AND OTHER EMPLOYEES; POLICE SERVICES

NRS 391.100 Employment of personnel by trustees; certain teachers and paraprofessionals required to possess qualifications prescribed by federal law; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; school police officers; contract for police services.

NRS 391.110 Superintendent of schools: Employment; qualifications; term; dismissal; administration of oaths.

NRS 391.120 Written contract of employment for licensed personnel; notice of reemployment; limitations on employment; suspension or termination for failure to maintain valid license; submission of employment information to Department.

NRS 391.125 Request by board of trustees to employ teachers who do not hold appropriate endorsement if shortage exists; limitations; duty of Commission if request granted.

NRS 391.150 Payment of employees’ salaries from apportionment of public money; deductions from salary.

NRS 391.160 Determination of salaries of teachers and other employees; increased salary for certain teachers and speech pathologists who acquire additional certification; credit for previous teaching and administrative service.

NRS 391.165 Purchase of retirement credit for certain teachers and school psychologists.

NRS 391.170 Conditions for receipt of public money as compensation; exception for charter schools.

NRS 391.180 Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school.

NRS 391.200 Salaries of teachers are prior claims on school district fund.

NRS 391.205 Involuntary transfer or reassignment of unlicensed employees.

NURSING SERVICES

NRS 391.207 Supervision by chief nurse required; qualifications for employment as school nurse.

NRS 391.208 Duties of school nurse.

POWERS, DUTIES AND SUPERVISION OF PERSONNEL

NRS 391.210 Exercise of trustees’ authority in school by certain personnel.

NRS 391.230 Filing of licenses with superintendent of school district; exception for unlicensed teachers of charter school.

NRS 391.240 Teachers: Keeping register of pupils.

NRS 391.260 Teachers: Enforcement of courses of study, textbooks and regulations; exception for charter schools.

NRS 391.270 Teachers: Holding pupils to account for conduct.

NRS 391.271 School district to provide for legal defense of employee charged with certain crimes committed within scope of employment; exceptions.

NRS 391.273 Supervision of unlicensed personnel required; exemptions; reduction of basic support allocation for failure to comply; exception for certain unlicensed personnel of charter school.

NRS 391.275 Jurisdiction of school police officers.

PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS

NRS 391.278 Program to train employees who operate boiler or other pressure vessel.

EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT

NRS 391.280 Attendance of licensed employees at conference.

NRS 391.285 Suspension of licensed employee for unexcused absence from conference.

NRS 391.290 Payment of expenses of travel and living for administrators and teachers attending conference.

NRS 391.295 Transportation of personnel to and from conference.

NRS 391.298 Focus and structure of scheduled professional development.

DISCIPLINARY ACTION

Suspension and Termination of Employee for Failure to Maintain Valid License

NRS 391.301 “Employee” defined.

NRS 391.302 Suspension and termination required; reinstatement if extension of time or other relief is granted.

NRS 391.305 Notice of suspension; effect of reinstatement of license within prescribed period; termination for failure to reinstate license.

NRS 391.308 Hearing to determine whether additional time to reinstate license should be granted; transmittal of written ruling; effect of ruling.

NRS 391.309 Effect of provisions.

Suspensions, Demotions, Dismissals and Refusals to Reemploy; Reemployment

NRS 391.311 Definitions.

NRS 391.3115 Applicability of NRS 391.311 to 391.3197, inclusive.

NRS 391.3116 Contract negotiated by collective bargaining may supersede provisions of NRS 391.311 to 391.3197, inclusive.

NRS 391.312 Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance.

NRS 391.3125 Evaluations of licensed personnel: Development of policy; number of evaluations; notice to probationary employee that he may not be reemployed; recommendations and assistance; copy of evaluation.

NRS 391.3127 Administrators: Policy for evaluations; annual evaluation; procedures for demotion and appeal to board.

NRS 391.313 Admonition of licensed employee: Duty of administrator; removal from records; when admonition not required.

NRS 391.314 Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension.

NRS 391.315 Recommendations for demotion, dismissal and against reemployment; request for appointment of hearing officer.

NRS 391.3161 Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer.

NRS 391.317 Notice of intention to recommend demotion, dismissal or refusal to reemploy; rights of employee.

NRS 391.318 Request for hearing: Action by superintendent.

NRS 391.3191 Submission of request for appointment of hearing officer; challenge of members of list of hearing officers before designation. [Repealed.]

NRS 391.31915 Designation of hearing officers; peremptory challenges of designated officers. [Repealed.]

NRS 391.3192 Procedures for hearing; payment for expenses of hearing officer and transcript.

NRS 391.31925 Person with disability entitled to services of qualified interpreter at hearing.

NRS 391.3193 Written report of hearing: Contents; final and binding if so agreed; time limited for filing.

NRS 391.3194 Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.

NRS 391.3196 Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.

NRS 391.31965 Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception.

NRS 391.3197 Probationary employment: Term; notice of reemployment; request for supplemental evaluation; school district required to offer probationary administrator contract as teacher under certain circumstances; hearing before dismissal.

Suspension and Revocation of Licenses

NRS 391.320 Suspension or revocation of teacher’s license by State Board.

NRS 391.321 Mandatory suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [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.]

NRS 391.322 Notice to licensee by State Board of Education of receipt of recommendation for suspension or revocation of license; written request for hearing; selection of hearing officer.

NRS 391.323 Time of hearing; report and recommendation by hearing officer; action by State Board of Education upon receipt of report.

NRS 391.330 Grounds for suspension or revocation of license.

NRS 391.340 Revocation or forfeiture for falsely reporting pupils’ attendance.

NRS 391.350 Suspension or revocation of license for employee’s failure to fulfill employment obligations or breach of contract; suspension or revocation of administrator’s license for wrongfully securing employee’s acceptance of employment; notice to other agencies of revocation.

NRS 391.355 Procedure for conduct of hearings.

NRS 391.361 Charges not to become part of employee’s permanent record if State Board of Education determines evidence insufficient.

BENEFITS AND ANNUITIES

NRS 391.375 Plan of school district for extension of benefits of social security to substitute teachers; approval by state agency.

NRS 391.380 Annuities or shares for employees: Purchase; conditions.

REGIONAL TRAINING PROGRAMS FOR THE PROFESSIONAL DEVELOPMENT OF TEACHERS AND ADMINISTRATORS; NEVADA EARLY LITERACY INTERVENTION PROGRAMS

NRS 391.500 Definitions.

NRS 391.504 “Regional training program” defined.

NRS 391.508 “Statewide Council” defined.

NRS 391.512 Creation of regional training programs and Nevada Early Literacy Intervention Programs; provision of services to teachers and administrators in certain geographical areas; designation of certain school districts as fiscal agent.

NRS 391.516 Statewide Council for the Coordination of the Regional Training Programs: Creation; membership; terms; compensation; administrative support authorized.

NRS 391.520 Statewide Council for the Coordination of the Regional Training Programs: Duties; acceptance of gifts and grants authorized.

NRS 391.524 Governing body of regional training program: Membership; terms; vacancy.

NRS 391.528 Governing body of regional training program: Meetings; no salary or compensation.

NRS 391.532 Governing body of regional training program: Employment and salary of coordinator; duties of coordinator.

NRS 391.536 Governing body of regional training program: Annual review of budget; submission of proposed budget to Legislative Committee on Education; acceptance of gifts and grants authorized.

NRS 391.540 Governing body of regional training program: Adoption of training model; assessment of training needs; preparation and review of 5-year plan; request by another entity for regional training program to perform additional services or duties.

NRS 391.544 Provision of training to teachers and administrators; maintenance and distribution of training list; authority to contract with board of trustees for additional training; training for paraprofessionals authorized.

NRS 391.545 Governing body authorized to facilitate and coordinate access to information related to suicide; receipt of information by teachers and administrators does not create additional duty.

NRS 391.548 Payment of certain costs and expenses by regional training program.

NRS 391.552 Evaluation of regional training program by governing body; submission of annual report.

NRS 391.556 Submission of annual report by board of trustees.

PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTING ADMINISTRATION AND SECURITY

NRS 391.600 Definitions.

NRS 391.604 “Examination” defined.

NRS 391.608 “Irregularity in testing administration” defined.

NRS 391.612 “Irregularity in testing security” defined.

NRS 391.616 “Reprisal or retaliatory action” defined.

NRS 391.620 “School official” defined.

NRS 391.624 Declaration of policy concerning disclosure of irregularities in testing administration and security.

NRS 391.628 School official prohibited from using authority or influence to prevent disclosure of information.

NRS 391.632 School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.

NRS 391.636 State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.

NRS 391.640 Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information.

NRS 391.644 Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials.

NRS 391.648 Provisions do not abrogate or decrease effect of crimes or punishments.

_________

GENERAL PROVISIONS

NRS 391.002 Definitions. 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)

NRS 391.005 “Commission” defined. “Commission” means the Commission on Professional Standards in Education.

(Added to NRS by 1987, 994; A 2003, 19th Special Session, 70)

NRS 391.008 “Paraprofessional” defined.

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;

(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

NRS 391.011 Creation; membership.

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.

(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)

NRS 391.013 Limitation on terms of certain members. 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)

NRS 391.015 Officers.

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)

NRS 391.017 Meetings; quorum; travel expenses and subsistence allowances.

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)

NRS 391.019 Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes.

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.

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)

NRS 391.021 Regulations governing examinations for initial licensure; Commission authorized to provide exemption. 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)

NRS 391.023 Regulations for relief from other regulations and for resolution of medical or administrative conflicts. 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)

NRS 391.027 Approval or disapproval of Commission’s regulations by State Board of Education.

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)

NRS 391.029 Provision of personnel; location of offices.

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

NRS 391.031 Kinds of licenses. 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)

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

[324:32:1956]—(NRS A 1967, 817; 1969, 128; 1977, 223; 1979, 1601; 1987, 997; 1995, 1909; 1997, 2050; 2003, 2848; 2005, 2420)

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)

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)

NRS 391.035 Confidentiality of application.

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;

(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)

NRS 391.038 Review, evaluation and approval of course of study and training required for licensure of educational personnel; fee for review.

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

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)

NRS 391.040 Fees for issuance and renewal of licenses.

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)

NRS 391.045 Directory of licensed personnel to be filed with clerk of board of trustees. 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)

NRS 391.051 License is revocable privilege. 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)

NRS 391.070 Employment of alien teacher through program of exchange permitted. 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)

NRS 391.080 Official oath for licensed employees; exception; persons authorized to administer oath.

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)

NRS 391.090 Educational personnel required to show knowledge of United States Constitution and Nevada’s Constitution.

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)

NRS 391.094 State Board required to prescribe examination for certain paraprofessionals. 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

NRS 391.097 Parent or guardian may request information regarding professional qualifications of teachers and paraprofessionals; annual notice of right to request information.

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)

NRS 391.098 Notice to parent or guardian of pupil in Title I school if teacher is not highly qualified.

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;

(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;

(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)

NRS 391.110 Superintendent of schools: Employment; qualifications; term; dismissal; administration of oaths.

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.

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)

NRS 391.125 Request by board of trustees to employ teachers who do not hold appropriate endorsement if shortage exists; limitations; duty of Commission if request granted.

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)

NRS 391.150 Payment of employees’ salaries from apportionment of public money; deductions from salary.

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)

NRS 391.165 Purchase of retirement credit for certain teachers and school psychologists.

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)

NRS 391.170 Conditions for receipt of public money as compensation; exception for charter schools.

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)

NRS 391.180 Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school.

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

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Chapter 391 — Personnel

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