2005 Nevada Revised Statutes - Chapter 391 — Personnel

CHAPTER 391 - PERSONNEL

GENERAL PROVISIONS

NRS 391.002 Definitions.

NRS 391.005 Commissiondefined.

NRS 391.008 Paraprofessionaldefined.

COMMISSION ON PROFESSIONAL STANDARDS IN EDUCATION

NRS 391.011 Creation;membership.

NRS 391.013 Limitationon terms of certain members.

NRS 391.015 Officers.

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

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

NRS 391.021 Regulationsgoverning examinations for initial licensure; Commission authorized to provideexemption.

NRS 391.023 Regulationsfor relief from other regulations and for resolution of medical oradministrative conflicts.

NRS 391.027 Approvalor disapproval of Commissions regulations by State Board of Education.

NRS 391.029 Provisionof personnel; location of offices.

LICENSING OF EDUCATIONAL PERSONNEL

NRS 391.031 Kindsof licenses.

NRS 391.032 Conditionallicenses; reciprocal licensure of educational personnel from other states;Commission authorized to adopt regulations for reciprocal licensure thatprovide exemption from examinations.

NRS 391.033 Issuanceof licenses; fingerprinting of applicants; provisional licensure authorized.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 391.033 Issuanceof licenses; fingerprinting of applicants; provisional licensure authorized.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 391.034 Additionalrequirements for issuance and renewal of license: Statement regardingobligation of child support; grounds for denial of license; duty ofSuperintendent of Public Instruction. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 391.035 Confidentialityof application.

NRS 391.037 Regulationsby State Board for approval of teacher training courses offered by educationalinstitutions; satisfactory completion of course of study required of applicantsfor licensure; exception.

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

NRS 391.040 Feesfor issuance and renewal of licenses.

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

NRS 391.051 Licenseis revocable privilege.

QUALIFICATIONS AND REQUIREMENTS OF TEACHERS AND OTHEREMPLOYEES

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

NRS 391.070 Employmentof alien teacher through program of exchange permitted.

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

NRS 391.090 Educationalpersonnel required to show knowledge of United States Constitution and NevadasConstitution.

NRS 391.092 Certificationin cardiopulmonary resuscitation: Establishment and submission of plan fortraining; requirements of plan; certain educational personnel required toestablish and maintain certification; agreement to provide training.

NRS 391.094 StateBoard required to prescribe examination for certain paraprofessionals.

NRS 391.095 Assignmentof students of Nevada System of Higher Education or accredited postsecondaryeducational institution for training as student teachers, as counselors ortrainees in library, or for experience in teaching laboratory.

NOTICE TO PARENTS AND GUARDIANS REGARDING QUALIFICATIONS OFTEACHERS AND PARAPROFESSIONALS

NRS 391.097 Parentor guardian may request information regarding professional qualifications ofteachers and paraprofessionals; annual notice of right to request information.

NRS 391.098 Noticeto parent or guardian of pupil in Title I school if teacher is not highlyqualified.

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

NRS 391.100 Employmentof personnel by trustees; certain teachers and paraprofessionals required topossess qualifications prescribed by federal law; school district prohibitedfrom requiring licensed employees on approved leave to submit fingerprints ascondition of return to employment; exception; school police officers; contractfor police services.

NRS 391.110 Superintendentof schools: Employment; qualifications; term; dismissal; administration ofoaths.

NRS 391.120 Writtencontract of employment for licensed personnel; notice of reemployment;limitations on employment; suspension or termination for failure to maintainvalid license; submission of employment information to Department.

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

NRS 391.150 Paymentof employees salaries from apportionment of public money; deductions fromsalary.

NRS 391.160 Determinationof salaries of teachers and other employees; increased salary for certainteachers and speech pathologists who acquire additional certification; creditfor previous teaching and administrative service.

NRS 391.165 Purchaseof retirement credit for certain teachers and school psychologists.

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

NRS 391.180 Absencesof employees: Compensation; deductions; accumulation and transfer of sickleave; intermission and extension of days of school.

NRS 391.200 Salariesof teachers are prior claims on school district fund.

NRS 391.205 Involuntarytransfer or reassignment of unlicensed employees.

NURSING SERVICES

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

NRS 391.208 Dutiesof school nurse.

POWERS, DUTIES AND SUPERVISION OF PERSONNEL

NRS 391.210 Exerciseof trustees authority in school by certain personnel.

NRS 391.230 Filingof licenses with superintendent of school district; exception for unlicensedteachers of charter school.

NRS 391.240 Teachers:Keeping register of pupils.

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

NRS 391.270 Teachers:Holding pupils to account for conduct.

NRS 391.271 Schooldistrict to provide for legal defense of employee charged with certain crimescommitted within scope of employment; exceptions.

NRS 391.273 Supervisionof unlicensed personnel required; exemptions; reduction of basic supportallocation for failure to comply; exception for certain unlicensed personnel ofcharter school.

NRS 391.275 Jurisdictionof school police officers.

PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS

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

EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT

NRS 391.280 Attendanceof licensed employees at conference.

NRS 391.285 Suspensionof licensed employee for unexcused absence from conference.

NRS 391.290 Paymentof expenses of travel and living for administrators and teachers attendingconference.

NRS 391.295 Transportationof personnel to and from conference.

NRS 391.298 Focusand structure of scheduled professional development.

DISCIPLINARY ACTION

Suspension and Termination of Employee for Failure to Maintain ValidLicense

NRS 391.301 Employeedefined.

NRS 391.302 Suspensionand termination required; reinstatement if extension of time or other relief isgranted.

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

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

NRS 391.309 Effectof provisions.

 

Suspensions, Demotions, Dismissals and Refusals to Reemploy;Reemployment

NRS 391.311 Definitions.

NRS 391.3115 Applicabilityof NRS 391.311 to 391.3197, inclusive.

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

NRS 391.312 Groundsfor suspension, demotion, dismissal and refusal to reemploy teachers andadministrators; consideration of evaluations and standards of performance.

NRS 391.3125 Evaluationsof licensed personnel: Development of policy; number of evaluations; notice toprobationary employee that he may not be reemployed; recommendations andassistance; copy of evaluation.

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

NRS 391.313 Admonitionof licensed employee: Duty of administrator; removal from records; whenadmonition not required.

NRS 391.314 Suspensionof licensed employee; dismissal proceedings; reinstatement; salary duringsuspension or dismissal proceedings; forfeiture of right of employment forcertain offenses; period of suspension.

NRS 391.315 Recommendationsfor demotion, dismissal and against reemployment; request for appointment ofhearing officer.

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

NRS 391.317 Noticeof intention to recommend demotion, dismissal or refusal to reemploy; rights ofemployee.

NRS 391.318 Requestfor hearing: Action by superintendent.

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

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

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

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

NRS 391.3193 Writtenreport of hearing: Contents; final and binding if so agreed; time limited forfiling.

NRS 391.3194 Actionby superintendent upon receipt of report; action by board; notice to licensedemployee; judicial review.

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

NRS 391.31965 Certainpostprobationary employees subsequently employed by another school district orcharter school not required to serve probationary period; exception.

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

 

Suspension and Revocation of Licenses

NRS 391.320 Suspensionor revocation of teachers license by State Board.

NRS 391.321 Mandatorysuspension of license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of license. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 391.322 Noticeto licensee by State Board of Education of receipt of recommendation forsuspension or revocation of license; written request for hearing; selection ofhearing officer.

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

NRS 391.330 Groundsfor suspension or revocation of license.

NRS 391.340 Revocationor forfeiture for falsely reporting pupils attendance.

NRS 391.350 Suspensionor revocation of license for employees failure to fulfill employmentobligations or breach of contract; suspension or revocation of administratorslicense for wrongfully securing employees acceptance of employment; notice toother agencies of revocation.

NRS 391.355 Procedurefor conduct of hearings.

NRS 391.361 Chargesnot to become part of employees permanent record if State Board of Educationdetermines evidence insufficient.

BENEFITS AND ANNUITIES

NRS 391.375 Planof school district for extension of benefits of social security to substituteteachers; approval by state agency.

NRS 391.380 Annuitiesor shares for employees: Purchase; conditions.

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

NRS 391.500 Definitions.

NRS 391.504 Regionaltraining program defined.

NRS 391.508 StatewideCouncil defined.

NRS 391.512 Creationof 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 StatewideCouncil for the Coordination of the Regional Training Programs: Creation;membership; terms; compensation; administrative support authorized.

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

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

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

NRS 391.532 Governingbody of regional training program: Employment and salary of coordinator; dutiesof coordinator.

NRS 391.536 Governingbody of regional training program: Annual review of budget; submission ofproposed budget to Legislative Committee on Education; acceptance of gifts andgrants authorized.

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

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

NRS 391.545 Governingbody authorized to facilitate and coordinate access to information related tosuicide; receipt of information by teachers and administrators does not createadditional duty.

NRS 391.548 Paymentof certain costs and expenses by regional training program.

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

NRS 391.556 Submissionof annual report by board of trustees.

PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTINGADMINISTRATION AND SECURITY

NRS 391.600 Definitions.

NRS 391.604 Examinationdefined.

NRS 391.608 Irregularityin testing administration defined.

NRS 391.612 Irregularityin testing security defined.

NRS 391.616 Reprisalor retaliatory action defined.

NRS 391.620 Schoolofficial defined.

NRS 391.624 Declarationof policy concerning disclosure of irregularities in testing administration andsecurity.

NRS 391.628 Schoolofficial prohibited from using authority or influence to prevent disclosure ofinformation.

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

NRS 391.636 StateBoard authorized to issue subpoenas during investigation or hearing concerningreprisal or retaliatory action; enforcement of subpoena by court.

NRS 391.640 Useof provisions for harassment prohibited; penalty for willful disclosure ofuntruthful information.

NRS 391.644 Departmentrequired to provide written summary of provisions to school districts andcharter schools; distribution of written summary to school officials.

NRS 391.648 Provisionsdo 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 391.005and 391.008 have the meanings ascribedto them in those sections.

(Added to NRS by 2003, 19th SpecialSession, 69)

NRS 391.005 Commissiondefined. Commission means the Commission onProfessional Standards in Education.

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

NRS 391.008 Paraprofessionaldefined.

1. Paraprofessional means a person who is employedby 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 inconjunction 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 thedirect supervision of a licensed teacher.

2. The term paraprofessional does not include aperson who:

(a) Is proficient in the English language and alanguage other than English and who provides services as a translator primarilyto enhance the participation of children in programs that are financiallysupported pursuant to the No Child Left Behind Act of 2001, 20 U.S.C. 6301et seq.

(b) Solely conducts parental involvement activities.

(Added to NRS by 2003, 19th SpecialSession, 69)

COMMISSION ON PROFESSIONAL STANDARDS IN EDUCATION

NRS 391.011 Creation;membership.

1. The Commission on Professional Standards inEducation, consisting of nine members appointed by the Governor, is herebycreated.

2. Four members of the Commission must be teachers whoteach in the classroom as follows:

(a) One who teaches in a secondary school.

(b) One who teaches in a middle school or junior highschool.

(c) One who teaches in an elementary school.

(d) One who teaches special education.

3. The remaining members of the Commission mustinclude:

(a) One counselor or psychologist employed by a schooldistrict.

(b) Two administrators of schools, at least one of whommust be a principal of a school.

(c) The dean of the College of Education at one of theuniversities in the Nevada System of Higher Education, or a representative ofone of the Colleges of Education nominated by such a dean for appointment bythe Governor.

(d) One member who is a representative of the generalpublic.

4. The appointments of a counselor, the administratorsand three of the four teachers must be made from a list of names of at leastthree persons for each position that is submitted to the Governor:

(a) For the counselor and teachers, by an employeeorganization representing the majority of counselors and the majority ofteachers in the State of Nevada who teach in the educational level from whichthe appointment is being made; or

(b) For administrators, by an organization ofadministrators for schools in which the majority of administrators of schoolsin this State have membership.

5. One member of the Commission who is a teacher,administrator, counselor or psychologist must be employed by a private schoollicensed pursuant to chapter 394 of NRS.

(Added to NRS by 1987, 994; A 1991, 2378; 1993, 339;1997, 1115)

NRS 391.013 Limitationon terms of certain members. No member of theCommission who is a teacher, counselor, administrator or representative of thegeneral 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 asPresident, to serve at the pleasure of the Commission.

2. The Superintendent of Public Instruction or hisdesignee shall serve as the nonvoting Secretary to the Commission. TheSecretary 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 quorumfor the transaction of business.

3. The members of the Commission are entitled to thetravel expenses and subsistence allowances provided by law for state officersand employees generally while attending meetings of the Commission.

(Added to NRS by 1987, 995)

NRS 391.019 Regulationsprescribing 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 licensingteachers and other educational personnel, including, without limitation, thequalifications for a license to teach middle school or junior high schooleducation, and the procedures for the issuance and renewal of such licenses.

(2) Identifying fields of specialization inteaching which require the specialized training of teachers.

(3) Except as otherwise provided in NRS 391.125, requiring teachers to obtainfrom the Department an endorsement in a field of specialization to be eligibleto teach in that field of specialization.

(4) Setting forth the educational requirements ateacher must satisfy to qualify for an endorsement in each field ofspecialization.

(5) Setting forth the qualifications andrequirements for obtaining a license or endorsement to teach American SignLanguage, including, without limitation, being qualified to engage in thepractice of interpreting pursuant to subsection 3 of NRS 656A.100.

(6) Except as otherwise authorized by subsection4 of NRS 656A.100, requiring teachersand other educational personnel to satisfy the qualifications set forth insubsection 3 of NRS 656A.100 if they:

(I) Provide instruction or othereducational services; and

(II) Concurrently engage in the practiceof interpreting, as defined in NRS656A.060.

(7) Providing for the issuance and renewal of aspecial qualifications license to an applicant who holds a masters degree or adoctoral degree from an accredited degree-granting postsecondary educationalinstitution in a field for which the applicant will provide instruction in aclassroom and who has:

(I) At least 2 years of experienceteaching at an accredited degree-granting postsecondary educational institutionin a field for which the applicant will provide instruction in a classroom andat least 3 years of experience working in that field; or

(II) At least 5 years of experienceworking in a field for which the applicant will provide instruction in aclassroom.

(8) Requiring an applicant for a special qualificationslicense to:

(I) Pass each examination required by NRS 391.021 for the specific subject orsubjects in which the applicant will provide instruction; or

(II) Hold a valid license issued by aprofessional licensing board of any state that is directly related to thesubject area of the masters degree or doctoral degree held by the applicant.

(9) Setting forth the subject areas that may betaught by a person who holds a special qualifications license, based upon thesubject area of the masters degree or doctoral degree held by that person.

(10) Providing for the issuance of a license toteach to a person who:

(I) Holds a graduate degree from anaccredited college or university in the field for which he will be providinginstruction;

(II) Is not licensed to teach publicschool in another state;

(III) Has at least 5 years of experienceteaching with satisfactory evaluations at a school that is accredited by anational or regional accrediting agency recognized by the United StatesDepartment of Education; and

(IV) Submits proof of participation in aprogram of student teaching or mentoring or agrees to participate in a programof mentoring for the first year of his employment as a teacher with a schooldistrict or charter school.

An applicantfor licensure pursuant to this subparagraph is exempt from each examinationrequired by NRS 391.021 if the applicantsuccessfully passed the examination in another state.

(b) May adopt such other regulations as it deemsnecessary for its own government or to carry out its duties.

2. Any regulation which increases the amount ofeducation, training or experience required for licensing:

(a) Must, in addition to the requirements forpublication in chapter 233B of NRS, bepublicized before its adoption in a manner reasonably calculated to informthose persons affected by the change.

(b) Must not become effective until at least 1 yearafter the date it is adopted by the Commission.

(c) Is not applicable to a license in effect on thedate 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 andregulations.

(b) Except as otherwise provided by specific statute,is entitled to all benefits, rights and privileges conferred by statutes andregulations 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 orthe governing body of a charter school, is entitled to all benefits, rights andprivileges conferred by statutes and regulations on the licensed employees of aschool 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 SpecialSession, 70, 71;2005, 92, 1670, 2548)

NRS 391.021 Regulationsgoverning examinations for initial licensure; Commission authorized to provideexemption. Except as otherwise provided insubparagraph (10) of paragraph (a) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adoptregulations governing examinations for the initial licensing of teachers andother educational personnel. The examinations must test the ability of theapplicant to teach and his knowledge of each specific subject he proposes toteach. 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.

Theprovisions of this section do not prohibit the Commission from adopting regulationspursuant to subsection 2 of NRS 391.032that provide an exemption from the examinations for teachers and othereducational personnel who have previous experience in teaching or performingother educational functions in another state.

(Added to NRS by 1987, 996; A 2001, 365; 2005, 1671)

NRS 391.023 Regulationsfor relief from other regulations and for resolution of medical oradministrative conflicts. The Commission mayadopt regulations which provide relief from the strict application of the termsof its regulations relating to the licensure of teachers and other educationalpersonnel for the resolution of medical or administrative conflicts. Theconflicts must be resolved within 6 months after the date the relief isgranted.

(Added to NRS by 1987, 1490)

NRS 391.027 Approvalor disapproval of Commissions regulations by State Board of Education.

1. The State Board may disapprove any regulationadopted by the Commission if the regulation:

(a) Threatens the efficient operation of the publicschools in this state; or

(b) Creates an undue financial hardship for anyteacher, administrator or other educational personnel or any county schooldistrict.

2. A regulation shall be deemed approved if the StateBoard does not disapprove the regulation within 90 days after it is adopted bythe Commission.

(Added to NRS by 1987, 996)

NRS 391.029 Provisionof personnel; location of offices.

1. The personnel necessary to enable the Commission tocarry out its duties must be provided by the Department.

2. The offices for the Commission may be located inthe same building as the offices of the Department.

(Added to NRS by 1987, 996)

LICENSING OF EDUCATIONALPERSONNEL

NRS 391.031 Kindsof licenses. There are the following kinds oflicenses for teachers and other educational personnel in this State:

1. A license to teach elementary education, whichauthorizes the holder to teach in any elementary school in the State.

2. A license to teach middle school or junior highschool education, which authorizes the holder to teach in his major or minorfield of preparation or in both fields in grades 7, 8 and 9 at any middleschool or junior high school. He may teach only in these fields unless anexception is approved pursuant to regulations adopted by the Commission.

3. A license to teach secondary education, whichauthorizes the holder to teach in his major or minor field of preparation or inboth fields in any secondary school. He may teach only in these fields unlessan exception is approved pursuant to regulations adopted by the Commission.

4. A special license, which authorizes the holder toteach or perform other educational functions in a school or program asdesignated in the license.

5. A special license designated as a specialqualifications license, which authorizes the holder to teach only in the gradesand subject areas designated in the license. A special qualifications licenseis valid for 3 years and may be renewed in accordance with the regulations ofthe Commission adopted pursuant to subparagraph (7) of paragraph (a) of subsection1 of NRS 391.019.

[323:32:1956](NRS A 1977, 222; 1979, 1601; 1987,997; 2003, 19thSpecial Session, 71; 2005,93)

NRS 391.032 Conditionallicenses; reciprocal licensure of educational personnel from other states;Commission authorized to adopt regulations for reciprocal licensure thatprovide exemption from examinations.

1. Except as otherwise provided in NRS 391.027, the Commission shall:

(a) Consider and may adopt regulations which providefor the issuance of conditional licenses to teachers and other educationalpersonnel before completion of all courses of study or other requirements for alicense in this State.

(b) Adopt regulations which provide for the reciprocallicensure 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 forinitial licensure for teachers and other educational personnel who haveprevious experience in teaching or performing other educational functions inanother state. If the Commission adopts regulations providing such anexemption, the Commission shall identify the examinations to which theexemption applies.

3. A person who is issued a conditional license mustcomplete all courses of study and other requirements for a license in thisState which is not conditional within 3 years after the date on which aconditional license is issued.

(Added to NRS by 1989, 1162; A 1995, 9; 2001, 365)

NRS 391.033 Issuanceof licenses; fingerprinting of applicants; provisional licensure authorized.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. All licenses for teachers and other educationalpersonnel are granted by the Superintendent of Public Instruction pursuant toregulations adopted by the Commission and as otherwise provided by law.

2. An application for the issuance of a license mustinclude the social security number of the applicant.

3. Every applicant for a license must submit with hisapplication a complete set of his fingerprints and written permissionauthorizing the Superintendent to forward the fingerprints to the CentralRepository for Nevada Records of Criminal History for its report on thecriminal history of the applicant and for submission to the Federal Bureau ofInvestigation for its report on the criminal history of the applicant.

4. The Superintendent may issue a provisional licensepending receipt of the reports of the Federal Bureau of Investigation and theCentral Repository for Nevada Records of Criminal History if he determines thatthe applicant is otherwise qualified.

5. A license must be issued to an applicant if:

(a) The Superintendent determines that the applicant isqualified;

(b) The reports on the criminal history of theapplicant from the Federal Bureau of Investigation and the Central Repositoryfor Nevada Records of Criminal History:

(1) Do not indicate that the applicant has beenconvicted of a felony or any offense involving moral turpitude; or

(2) Indicate that the applicant has beenconvicted of a felony or an offense involving moral turpitude but the Superintendentdetermines that the conviction is unrelated to the position within the countyschool district or charter school for which the applicant applied; and

(c) The applicant submits the statement requiredpursuant 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)

NRS 391.033 Issuance of licenses; fingerprintingof applicants; provisional licensure authorized. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. All licenses for teachers and other educationalpersonnel are granted by the Superintendent of Public Instruction pursuant toregulations adopted by the Commission and as otherwise provided by law.

2. Every applicant for a license must submit with hisapplication a complete set of his fingerprints and written permissionauthorizing the Superintendent to forward the fingerprints to the CentralRepository for Nevada Records of Criminal History for its report on thecriminal history of the applicant and for submission to the Federal Bureau ofInvestigation for its report on the criminal history of the applicant. TheSuperintendent may issue a provisional license pending receipt of the reportsif he determines that the applicant is otherwise qualified.

3. A license must be issued to an applicant if theSuperintendent determines that the applicant is qualified and:

(a) The reports on the criminal history of theapplicant from the Federal Bureau of Investigation and the Central Repositoryfor Nevada Records of Criminal History do not indicate that the applicant hasbeen 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 theapplicant is unrelated to the position within the county school district orcharter 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 onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 391.034 Additionalrequirements for issuance and renewal of license: Statement regardingobligation of child support; grounds for denial of license; duty ofSuperintendent of Public Instruction. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. An applicant for the issuance or renewal of alicense issued pursuant to this chapter shall submit to the Superintendent ofPublic Instruction the statement prescribed by the Division of Welfare andSupportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completedand signed by the applicant.

2. The Commission shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 theSuperintendent of Public Instruction pursuant to this chapter if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Superintendent ofPublic Instruction shall advise the applicant to contact the district attorneyor other public agency enforcing the order to determine the actions that theapplicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2049)

NRS 391.035 Confidentialityof application.

1. An application to the Superintendent of PublicInstruction for a license as a teacher or to perform other educationalfunctions and all documents in the Departments file relating to theapplication, including:

(a) The applicants health records;

(b) His fingerprints and any report from the FederalBureau of Investigation or the Central Repository for Nevada Records ofCriminal History;

(c) Transcripts of his record at colleges or othereducational institutions;

(d) His scores on the examinations administeredpursuant to the regulations adopted by the Commission;

(e) Any correspondence concerning the application; and

(f) Any other personal information,

areconfidential.

2. It is unlawful to disclose or release theinformation in an application or any related document except pursuant toparagraph (d) of subsection 6 of NRS179A.075 or the applicants written authorization.

3. The Department shall, upon request, make availablethe applicants file for his inspection during regular business hours.

(Added to NRS by 1983, 769; A 1987, 998; 1995, 1910)

NRS 391.037 Regulationsby State Board for approval of teacher training courses offered by educationalinstitutions; satisfactory completion of course of study required of applicantsfor licensure; exception.

1. The State Board shall:

(a) Prescribe by regulation the standards for approvalof a course of study or training offered by an educational institution toqualify a person to be a teacher or administrator or to perform othereducational functions.

(b) Maintain descriptions of the approved courses ofstudy required to qualify for endorsements in fields of specialization andprovide to an applicant, upon request, the approved course of study for aparticular endorsement.

2. Except for an applicant who submits an applicationfor the issuance of a license pursuant to subparagraph (7) or (10) of paragraph(a) of subsection 1 of NRS 391.019, anapplicant for a license as a teacher or administrator or to perform some othereducational function must submit with his application, in the form prescribedby the Superintendent of Public Instruction, proof that he has satisfactorilycompleted a course of study and training approved by the State Board pursuantto 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 licensureof educational personnel; fee for review.

1. The State Board, in consultation with educationalinstitutions in this State which offer courses of study and training for theeducation of teachers, the board of trustees of each school district in thisState and other educational personnel, shall review and evaluate a course ofstudy and training offered by an educational institution which is designed toprovide the education required for:

(a) The licensure of teachers or other educationalpersonnel;

(b) The renewal of licenses of teachers or other educationalpersonnel; or

(c) An endorsement in a field of specialization.

If thecourse of study and training meets the requirements established by the StateBoard, it must be approved by the State Board. The State Board shall notapprove a course of study or training unless the course of study and trainingprovides instruction, to the extent deemed necessary by the State Board, in thestandards of content and performance prescribed by the Council to EstablishAcademic Standards for Public Schools pursuant to NRS 389.520.

2. The State Board may review and evaluate suchcourses of study and training itself or may recognize a course of study andtraining approved by a national agency for accreditation acceptable to theBoard.

3. The State Board shall adopt regulations establishingfees for the review by the Board of a course of study and training submitted tothe Board by an educational institution.

4. The State Board, in consultation with educationalinstitutions in this State which offer courses of study and training for theeducation of teachers and other educational personnel, and the NevadaAssociation of Colleges for Teacher Education and the Nevada Association ofTeacher Educators, shall adopt regulations governing the approval by the StateBoard of courses of study and training which are accredited by the NationalCouncil for Accreditation of Teacher Education, and those which are not soaccredited.

5. If the State Board denies or withdraws its approvalof a course of study or training, the educational institution is entitled to ahearing and judicial review of the decision of the State Board.

(Added to NRS by 1987, 996; A 1995, 1382; 1999, 3389)

NRS 391.040 Feesfor issuance and renewal of licenses.

1. The Commission shall fix fees of not less than $65for the issuance and renewal of a license. The fee for issuing a duplicatelicense is the same as for issuing the original.

2. The portion of each fee which represents the amountcharged by the Federal Bureau of Investigation for processing the fingerprintsof the applicant must be deposited with the State Treasurer for credit to theappropriate account of the Department of Public Safety. The remaining portionof the money received from the fees must be deposited with the State Treasurerfor 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 Directoryof licensed personnel to be filed with clerk of board of trustees. The Superintendent of Public Instruction shall file withthe clerk of the board of trustees of each local school district a directory ofall 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 salariesfrom the county school district fund, and shall advise the clerk from time totime of any changes or additions to the directory.

(Added to NRS by 1979, 1600; A 1987, 998; 1997, 1871)

NRS 391.051 Licenseis revocable privilege. The purpose oflicensing teachers and other educational personnel is to protect the generalwelfare of the people of this state. Any license issued by the Superintendentof Public Instruction is a revocable privilege and no holder of such a licenseacquires thereby any vested right.

(Added to NRS by 1987, 996)

QUALIFICATIONS AND REQUIREMENTS OF TEACHERS AND OTHEREMPLOYEES

NRS 391.060 Citizenshiprequirements for licensure and employment; exception for certain qualifiedpersons who are not citizens if school district demonstrates shortage;limitation on licensure and employment of persons who are not citizens;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 alicense to, or a board of trustees of a school district or a governing body ofa charter school to employ, any teacher, instructor, principal orsuperintendent of schools who is not a citizen of the United States or a personwho has filed a valid declaration to become a citizen or valid petition fornaturalization, or who is not a lawful permanent resident of the United States.

(b) The State Controller or any county auditor to issueany warrant to any teacher, instructor, principal or superintendent of schoolswho is not a citizen of the United States or a person who has filed a validdeclaration to become a citizen or valid petition for naturalization, or who isnot a lawful permanent resident of the United States.

2. Upon the request of a school district, theSuperintendent of Public Instruction may issue a license to a person who doesnot meet the requirements of subsection 1 but is otherwise entitled to work inthe United States pursuant to federal laws and regulations if:

(a) The school district has demonstrated to thesatisfaction of the Superintendent of Public Instruction that a shortage ofteachers exists in the subject area for which the person is qualified;

(b) The person is otherwise qualified to teach in thesubject area for which there is a shortage of teachers, except that he does notmeet the requirements of subsection 1; and

(c) The school district agrees to employ the person toteach in the subject area for which there is a shortage of teachers.

3. A license issued by the Superintendent of PublicInstruction pursuant to subsection 2:

(a) Automatically expires on the date that the licenseeis no longer entitled to work in the United States pursuant to federal laws andregulations; and

(b) Authorizes the person who holds the license toteach only in the:

(1) School district that submitted the requestfor the issuance of the license to that person; and

(2) Subject area for which the person isqualified.

4. Upon compliance with all applicable federal lawsand regulations, the board of trustees of a school district may employ a personwho does not meet the requirements of subsection 1 if the person holds alicense issued by the Superintendent of Public Instruction pursuant tosubsection 2. A teachers employment with a school district pursuant to thissubsection automatically expires on the date that he is no longer entitled towork in the United States pursuant to federal laws and regulations.

5. The State Controller or a county auditor may issuea warrant to a teacher who is employed pursuant to subsection 4.

6. Any person who violates any of the provisions ofthis section is guilty of a misdemeanor.

[328:32:1956](NRS A 1967, 564; 1971, 218; 1979,1601; 1987, 998; 1999,3313; 2001Special Session, 181)

NRS 391.070 Employmentof alien teacher through program of exchange permitted. The board of trustees of a school district or thegoverning body of a charter school may employ a teacher or instructorauthorized to teach in the United States under the teacher exchange programsauthorized by laws of the Congress of the United States.

[329:32:1956](NRS A 1979, 1602; 1999, 3314)

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

1. Each teacher or other licensed employee employed inthis state whose compensation is payable out of public money, except teachersemployed pursuant to the provisions of subsection 4 of NRS 391.060 or NRS 391.070, must take and subscribe to theconstitutional oath of office before entering upon the discharge of his duties.

2. The oath of office, when taken and subscribed, mustbe filed with the Department.

3. The Superintendent of Public Instruction, hisdeputy superintendents and other members of the professional staff of theDepartment designated by the Superintendent, members of boards of trustees ofschool districts, superintendents of schools, principals of schools andnotaries public may administer the oath of office to teachers and otherlicensed employees.

[330:32:1956](NRS A 1959, 805; 1969, 127; 1979,1602; 1987, 830, 999; 2001 Special Session,182)

NRS 391.090 Educationalpersonnel required to show knowledge of United States Constitution and NevadasConstitution.

1. Any person who is:

(a) Granted a license to teach or perform othereducational functions in the public schools of Nevada, in the school conductedat the Nevada Youth Training Center, the Caliente Youth Center or any otherstate facility for the detention of children that is operated pursuant to title5 of NRS or for any program of instruction for kindergarten or grades 1 to 12,inclusive, conducted at any correctional institution in the Department ofCorrections; or

(b) Charged with the duty at the Nevada Youth TrainingCenter, the Caliente Youth Center or any other state facility for the detentionof children that is operated pursuant to title 5 of NRS of giving instructionin the Constitution of the United States and the Constitution of the State ofNevada,

must show,by examination or credentials showing college, university or normal schoolstudy, satisfactory evidence of adequate knowledge of the origin, history,provisions and principles of the Constitution of the United States and theConstitution of the State of Nevada.

2. The Commission may grant a reasonable time forcompliance 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)

NRS 391.092 Certificationin cardiopulmonary resuscitation: Establishment and submission of plan fortraining; requirements of plan; certain educational personnel required toestablish and maintain certification; agreement to provide training.

1. The board of trustees of each school district:

(a) Shall establish a plan for the teachers and otherlicensed educational personnel in the school district who teach or supervisepupils in physical education; and

(b) May establish a plan for the teachers and otherlicensed educational personnel in the school district who teach or supervisepupils in courses of study or activities other than physical education whichinvolve a high risk that cardiopulmonary resuscitation will need to beadministered during the course of study or activity,

to receivethe training which is necessary for certification in the administration ofcardiopulmonary resuscitation.

2. A plan established by the board of trusteespursuant to subsection 1 must:

(a) Comply with the guidelines established by theAmerican National Red Cross or the American Heart Association for thecertification of persons in the administration of cardiopulmonaryresuscitation;

(b) Set forth the courses of study and activitiesoffered at schools within the district other than physical education whichinvolve a high risk that cardiopulmonary resuscitation will need to beadministered during the course of study or activity, including, withoutlimitation, laboratory sciences, vocational education, special education,competitive sports and the transportation of pupils; and

(c) Set forth an estimation of the time and resourcesnecessary for all personnel of the district to obtain certification in theadministration of cardiopulmonary resuscitation.

3. The board of trustees of each school district shallsubmit to the State Board any plan that it establishes pursuant to subsection1.

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 theboard of trustees of the school district in which the person is employed hasidentified as involving a high risk that cardiopulmonary resuscitation willneed to be administered during the course of study or activity and for whichthe board of trustees has established a plan pursuant to subsection 1,

shallestablish and maintain current certification in the administration of cardiopulmonaryresuscitation in accordance with the plan established by the board of trustees.

5. The board of trustees of a school district mayenter into an agreement with a local fire department, a local law enforcementagency or a nonprofit organization to provide the training and certificationrequired by the plan.

(Added to NRS by 1997, 1715)

NRS 391.094 StateBoard required to prescribe examination for certain paraprofessionals. The State Board shall prescribe by regulation at least oneexamination for those paraprofessionals who desire to satisfy the requirementsof 20 U.S.C. 6319(c) by passing an examination prescribed by this State. Theregulations must include the passing score required to demonstrate satisfactionof the requirements of 20 U.S.C. 6319(c).

(Added to NRS by 2003, 19th SpecialSession, 69)

NRS 391.095 Assignmentof students of Nevada System of Higher Education or accredited postsecondaryeducational institution for training as student teachers, as counselors ortrainees in library, or for experience in teaching laboratory.

1. A school district may enter into an agreement witha branch of the Nevada System of Higher Education or an accreditedpostsecondary educational institution which is licensed by the Commission onPostsecondary Education and which offers courses of study and training for theeducation of teachers which are approved or recognized by the State Boardpursuant to NRS 391.038, for theassignment of students for training purposes as student teachers, counselors ortrainees in a library, or for experience in a teaching laboratory. Students soassigned within the school district for training purposes may, under thedirection and supervision of a licensed teacher, instruct and supervise pupilsin the school, on the school grounds or on authorized field trips. The studentsso assigned are employees of the school district for purposes of NRS 41.038 and 41.039, while performing such authorizedduties, whether or not the duties are performed entirely in the presence of thelicensed teacher.

2. As used in this section:

(a) Accredited has the meaning ascribed to it in NRS 394.006.

(b) Postsecondary educational institution has themeaning 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 OFTEACHERS AND PARAPROFESSIONALS

NRS 391.097 Parentor guardian may request information regarding professional qualifications ofteachers and paraprofessionals; annual notice of right to request information.

1. Upon the request of a parent or legal guardian of apupil who is enrolled in a public school, the board of trustees of the schooldistrict in which the school is located or the governing body of the charterschool, as applicable, shall provide to the parent or guardian informationregarding the professional qualifications of the pupils teachers. The StateBoard shall prescribe the time by which such information must be provided afterreceipt of the request by the school district or charter school. Theinformation provided must include, without limitation:

(a) For each teacher who provides instruction to thepupil:

(1) Whether the teacher holds a license for thegrade 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 awaiver of the requirements for licensure for the grade level or subject area inwhich the teacher is employed; or

(III) Otherwise providing instructionwithout an endorsement for the subject area in which the teacher is employed;and

(3) The degree held by the teacher and any othergraduate certification or degree held by the teacher, including, withoutlimitation, the field in which each degree or certification was obtained; and

(b) If a paraprofessional, as defined in NRS 391.008, provides services to thepupil, the qualifications of the paraprofessional.

2. At the beginning of each school year, the board oftrustees of each school district and the governing body of each charter schoolshall provide written notice to the parents and guardians of each pupilenrolled in a school within the school district or enrolled in the charterschool, as applicable, that a parent or guardian may request informationpursuant to subsection 1. The State Board shall prescribe the date by which thenotice required by this subsection must be provided.

3. The information required pursuant to subsection 1and the notice required pursuant to subsection 2 must be provided in a uniformand understandable format and, to the extent practicable, in a language thatparents and guardians can understand.

(Added to NRS by 2003, 19th SpecialSession, 69)

NRS 391.098 Noticeto parent or guardian of pupil in Title I school if teacher is not highlyqualified.

1. If a pupil enrolled in a Title I school or a schoolthat is designated as needing improvement pursuant to NRS 385.3623:

(a) Is assigned to a teacher, as his regular classroomteacher, who is not highly qualified; or

(b) Has been taught for 4 consecutive weeks or more bya teacher who is not the pupils regular classroom teacher and who is nothighly qualified,

theprincipal 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 whichthe notice required by subsection 1 must be provided. The notice must beprovided 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 themeaning ascribed to it in 20 U.S.C. 7801(23).

(Added to NRS by 2003, 19th SpecialSession, 70)

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

NRS 391.100 Employmentof personnel by trustees; certain teachers and paraprofessionals required topossess qualifications prescribed by federal law; school district prohibitedfrom requiring licensed employees on approved leave to submit fingerprints ascondition of return to employment; exception; school police officers; contractfor police services.

1. The board of trustees of a school district mayemploy a superintendent of schools, teachers and all other necessary employees.

2. A person who is initially hired by the board oftrustees of a school district on or after January 8, 2002, to teach in a programsupported with money from Title I must possess the qualifications required by20 U.S.C. 6319(a). For the purposes of this subsection, a person is notinitially hired if he has been employed as a teacher by another schooldistrict or charter school in this State without an interruption in employmentbefore the date of hire by his current employer.

3. A person who is employed as a teacher, regardlessof the date of hire, must possess, on or before July 1, 2006, thequalifications 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 orsupervision of children, either in the classroom or at any other place in theschool or on the grounds thereof. A person who is initially hired as aparaprofessional by a school district on or after January 8, 2002, to work in aprogram supported with Title I money must possess the qualifications requiredby 20 U.S.C. 6319(c). A person who is employed as a paraprofessional by aschool district, regardless of the date of hire, to work in a program supportedwith Title I money must possess, on or before January 8, 2006, the qualificationsrequired by 20 U.S.C. 6319(c). For the purposes of this paragraph, a personis not initially hired if he has been employed as a paraprofessional byanother school district or charter school in this State without an interruptionin employment before the date of hire by his current employer.

(b) Shall establish policies governing the duties andperformance of teacher aides.

5. Each applicant for employment pursuant to thissection, except a teacher or other person licensed by the Superintendent ofPublic Instruction, must, as a condition to employment, submit to the schooldistrict a full set of his fingerprints and written permission authorizing theschool district to forward the fingerprints to the Central Repository forNevada Records of Criminal History for its report on the criminal history ofthe applicant and for submission to the Federal Bureau of Investigation for itsreport on the criminal history of the applicant.

6. Except as otherwise provided in subsection 7, theboard of trustees of a school district shall not require a licensed teacher orother person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave ofabsence from employment authorized by the school district, including, withoutlimitation:

(a) Sick leave;

(b) Sabbatical leave;

(c) Personal leave;

(d) Leave for attendance at a regular or specialsession 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 Actof 1993, 29 U.S.C. 2601 et seq.,

to submit aset of his fingerprints as a condition of return to or continued employmentwith the school district if the employee is in good standing when the employeebegan the leave.

7. A board of trustees of a school district may askthe Superintendent of Public Instruction to require a person licensed by theSuperintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave ofabsence from employment authorized by the school district to submit a set ofhis fingerprints as a condition of return to or continued employment with theschool district if the board of trustees has probable cause to believe that theperson has committed a felony or an offense involving moral turpitude duringthe period of his leave of absence.

8. The board of trustees of a school district mayemploy or appoint persons to serve as school police officers. If the board oftrustees of a school district employs or appoints persons to serve as schoolpolice officers, the board of trustees shall employ a law enforcement officerto serve as the chief of school police who is supervised by the superintendentof schools of the school district. The chief of school police shall superviseeach person appointed or employed by the board of trustees as a school policeofficer. In addition, persons who provide police services pursuant to subsection9 or 10 shall be deemed school police officers.

9. The board of trustees of a school district in acounty that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with themetropolitan police department for the provision and supervision of policeservices in the public schools within the jurisdiction of the metropolitanpolice department and on property therein that is owned by the school district.If a contract is entered into pursuant to this subsection, the contract mustmake provision for the transfer of each school police officer employed by theboard of trustees to the metropolitan police department. If the board oftrustees of a school district contracts with a metropolitan police departmentpursuant to this subsection, the board of trustees shall, if applicable,cooperate with appropriate local law enforcement agencies within the schooldistrict for the provision and supervision of police services in the publicschools within the school district and on property owned by the schooldistrict, but outside the jurisdiction of the metropolitan police department.

10. The board of trustees of a school district in acounty that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriffof that county for the provision of police services in the public schoolswithin the school district and on property therein that is owned by the schooldistrict.

[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 SpecialSession, 72)

NRS 391.110 Superintendentof schools: Employment; qualifications; term; dismissal; administration ofoaths.

1. The board of trustees of a school district may:

(a) Employ any person whom the board of trusteesdetermines is qualified to serve as the superintendent of schools of the schooldistrict. The Commission may require the superintendent of any school districtto hold a masters degree.

(b) Define his powers and fix his duties.

(c) Fix his salary.

2. If the board of trustees of a school districtemploys a person who is not licensed as an administrator to serve as thesuperintendent of schools, the board of trustees shall employ a person who islicensed as an administrator to oversee the academic programs of the publicschools within the school district.

3. A superintendent of schools may be employed for aninitial term not to exceed 4 years. The term of any subsequent employment maybe of any duration.

4. A superintendent of schools may be dismissed at anytime for cause.

5. A superintendent of schools may administer oaths oraffirmations relating to public schools.

[333:32:1956](NRS A 1971, 549; 1979, 1603; 1985,868; 1987, 1000; 1995, 33; 1999, 1134)

NRS 391.120 Writtencontract of employment for licensed personnel; notice of reemployment;limitations on employment; suspension or termination for failure to maintainvalid license; submission of employment information to Department.

1. Boards of trustees of the school districts in thisState may employ legally qualified teachers and other licensed personnel andmay determine their salaries and the length of the term of school for whichthey are employed. These conditions and any other conditions agreed upon by theparties must be embodied in a written contract, or notice of reemployment, tobe approved by the board of trustees and accepted and signed by the employee. Acopy of the contract or notice of reemployment, properly written, must bedelivered to each teacher or other licensed employee not later than the openingof the term of school.

2. A board of trustees may not employ teachers orother licensed personnel for any school year commencing after the expiration ofthe time for which any member of the board of trustees was elected orappointed.

3. It is unlawful for the board of trustees of anyschool district to employ any teacher who is not legally qualified to teach allthe grades which the teacher is engaged to teach. The board of trustees shallsuspend or terminate, as applicable, the employment of any teacher who fails tomaintain a license issued pursuant to this chapter in force, if such a licenseis required for employment. Any such suspension or termination must comply withthe requirements of NRS 391.301 to 391.309, inclusive.

4. On or before November 15 of each year, the schooldistrict shall submit to the Department, in a form prescribed by theSuperintendent of Public Instruction, the following information for eachlicensed 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 definedby 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 Requestby board of trustees to employ teachers who do not hold appropriate endorsementif shortage exists; limitations; duty of Commission if request granted.

1. If the board of trustees of a school districtdetermines that a shortage of teachers exists within the school district in aparticular subject area, the board of trustees may submit a written request tothe Superintendent of Public Instruction to employ persons who are licensedteachers but who do not hold an endorsement to teach in the subject area forwhich there is a shortage of teachers at a public school within the schooldistrict that is not designated as demonstrating need for improvement pursuantto NRS 385.3623. The Superintendent ofPublic Instruction may grant such a request if the Superintendent determinesthat a shortage of teachers exists in the subject area. If the Superintendentof Public Instruction grants a request pursuant to this subsection, a personwho holds a license to teach but not an endorsement in the subject area forwhich the request was granted may be employed by the school district for notmore than 2 school years to teach in that subject area at a public schoolwithin the school district that is not designated as needing improvementpursuant to NRS 385.3623.

2. If the Superintendent of Public Instruction grantsa request pursuant to subsection 1, the Superintendent shall submit a writtenreport to the Commission that includes the name of the school district forwhich the request was granted and the subject area for which the request wasgranted. Upon receipt of such a report, the Commission shall consider whetherto adopt revisions to the requirements for an endorsement in that subject areato address the shortage of teachers.

(Added to NRS by 2001 Special Session,176; A 2003,19th Special Session, 74)

NRS 391.150 Paymentof employees salaries from apportionment of public money; deductions fromsalary.

1. Boards of trustees of school districts in thisstate may pay toward the salaries of teachers and other employees the public moneyapportioned to school districts for that purpose, by giving them orderstherefor on the county auditor.

2. Boards of trustees may:

(a) Deduct from the salary of any teacher or otheremployee, upon the written request of the teacher or other employee, money forthe payment of premiums on insurance of any kind;

(b) Reduce or withhold increases in the salary of anyteacher or other employee, upon the written request of the teacher or otheremployee, by or in an amount sufficient to purchase an annuity contractpursuant to the provisions of NRS 391.380;and

(c) Reduce or withhold from the salary of any teacheror other employee, upon the written request of the teacher or employee, an amountspecified in the request to be held by the trustees pursuant to a deferredcompensation agreement between the trustees and the teacher or other employee.

[337:32:1956](NRS A 1965, 712; 1977, 804; 1979,1604)

NRS 391.160 Determinationof salaries of teachers and other employees; increased salary for certainteachers and speech pathologists who acquire additional certification; creditfor previous teaching and administrative service.

1. The salaries of teachers and other employees mustbe determined by the character of the service required. A school district shallnot discriminate between male and female employees in the matter of salary.

2. Each year when determining the salary of a teacherwho holds certification issued by the National Board for Professional TeachingStandards, a school district shall add 5 percent to the salary that the teacherwould otherwise receive in 1 year for his classification on the schedule ofsalaries for the school district if:

(a) On or before January 31 of the school year, theteacher has submitted evidence satisfactory to the school district of hiscurrent certification; and

(b) The teacher is assigned by the school district toprovide classroom instruction during that school year.

No increasein salary may be given pursuant to this subsection during a particular schoolyear to a teacher who submits evidence of certification after January 31 ofthat school year. For the first school year that a teacher submits evidence ofhis current certification, the board of trustees of the school district to whomthe evidence was submitted shall pay the increase in salary required by thissubsection retroactively to the beginning of that school year. Once a teacherhas submitted evidence of such certification to the school district, the schooldistrict shall retain the evidence in its records, as applicable, for futureschool years. An increase in salary given in accordance with this subsection isin addition to any other increase to which the teacher may otherwise beentitled.

3. Each year when determining the salary of a personwho is employed by a school district as a speech pathologist, the schooldistrict shall add 5 percent to the salary that the employee would otherwisereceive in 1 year for his classification on the schedule of salaries for theschool district if:

(a) On or before September 15 of the school year, theemployee has submitted evidence satisfactory to the school district of his:

(1) Licensure as a speech pathologist by theBoard of Examiners for Audiology and Speech Pathology; and

(2) Certification as being clinically competentin speech-language pathology by:

(I) The American Speech-Language-HearingAssociation; or

(II) A successor organization to theAmerican Speech-Language-Hearing Association that is recognized and determinedto be acceptable by the Board of Examiners for Audiology and Speech Pathology;and

(b) The employee is assigned by the school district toserve as a speech pathologist during the school year.

No increasein salary may be given pursuant to this subsection during a particular schoolyear to an employee who submits evidence of licensure and certification afterSeptember 15 of that school year. Once an employee has submitted evidence ofsuch licensure and certification to the school district, the school districtshall retain the evidence in its records, as applicable, for future schoolyears. An increase in salary given in accordance with this subsection is inaddition to any other increase to which the employee may otherwise be entitled.

4. In determining the salary of a licensed teacher whois employed by a school district after the teacher has been employed by anotherschool district in this State, the present employer shall, except as otherwiseprovided in subsection 7:

(a) Give the teacher the same credit for previousteaching service as he was receiving from his former employer at the end of hisformer employment;

(b) Give the teacher credit for his final year ofservice with his former employer, if credit for that service is not included incredit given pursuant to paragraph (a); and

(c) Place the teacher on the schedule of salaries ofthe school district in a classification that is commensurate with the level ofeducation acquired by the teacher, as set forth in the applicable negotiatedagreement with the present employer.

5. A school district may give the credit required bysubsection 4 for previous teaching service earned in another state if theCommission has approved the standards for licensing teachers of that state. TheCommission shall adopt regulations that establish the criteria by which theCommission will consider the standards for licensing teachers of other statesfor the purposes of this subsection. The criteria may include, withoutlimitation, whether the Commission has authorized reciprocal licensure ofeducational personnel from the state under consideration.

6. In determining the salary of a licensedadministrator, other than the superintendent of schools, who is employed by aschool district after the administrator has been employed by another schooldistrict in this State, the present employer shall, except as otherwiseprovided in subsection 7:

(a) Give the administrator the same credit for previousadministrative service as he was receiving from his former employer, at the endof his former employment;

(b) Give the administrator credit for his final year ofservice with his former employer, if credit for that service is not otherwiseincluded in the credit given pursuant to paragraph (a); and

(c) Place the administrator on the schedule of salariesof the school district in a classification that is comparable to theclassification the administrator had attained on the schedule of salaries ofhis former employer.

7. This section does not:

(a) Require a school district to allow a teacher oradministrator more credit for previous teaching or administrative service thanthe maximum credit for teaching or administrative experience provided for inthe schedule of salaries established by it for its licensed personnel.

(b) Permit a school district to deny a teacher oradministrator credit for his previous teaching or administrative service on theground that the service differs in kind from the teaching or administrativeexperience for which credit is otherwise given by the school district.

8. As used in this section:

(a) Previous administrative service means the totalof:

(1) Any period of administrative service forwhich an administrator received credit from his former employer at thebeginning of his former employment; and

(2) His period of administrative service in hisformer employment.

(b) Previous teaching service means the total of:

(1) Any period of teaching service for which ateacher received credit from his former employer at the beginning of his formeremployment; and

(2) His period of teaching service in his formeremployment.

[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 Purchaseof retirement credit for certain teachers and school psychologists.

1. Except as otherwise provided in subsection 3 andexcept as otherwise required as a result of NRS286.537, the board of trustees of a school district shall pay the cost fora licensed teacher or licensed school psychologist to purchase one-fifth of ayear of service pursuant to subsection 2 of NRS286.300 if:

(a) The teacher or school psychologist is a member ofthe Public Employees Retirement System and has at least 5 years of service;

(b) The teacher or school psychologist has beenemployed as a licensed teacher or licensed school psychologist in this State forat least 5 consecutive school years, regardless of whether the employment waswith one or more school districts in this State;

(c) Each evaluation of the teacher or schoolpsychologist conducted pursuant to NRS391.3125 is at least satisfactory for the years of employment required byparagraph (b); and

(d) In addition to the years of employment required byparagraph (b):

(1) The teacher has been employed as a licensedteacher for 2 school years at a school within the school district during hisemployment at the school:

(I) Which carried the designation ofdemonstrating need for improvement; or

(II) At which at least 65 percent of thepupils who are enrolled in the school are children who are at risk;

(2) The teacher holds an endorsement in thefield of mathematics, science, special education or English as a secondlanguage and has been employed for at least 1 school year to teach in thesubject area for which he holds an endorsement; or

(3) The school psychologist has been employed asa licensed school psychologist for at least 1 school year.

Theprovisions of this paragraph do not require consecutive years of employment oremployment at the same school within the school district.

2. Except as otherwise provided in subsection 3, theboard of trustees of a school district shall pay the cost for a licensedteacher or school psychologist to purchase one-fifth of a year of service foreach year that a teacher or school psychologist satisfies the requirements ofsubsection 1. If, in 1 school year, a teacher satisfies the criteria set forthin both subparagraphs (1) and (2) of paragraph (d) of subsection 1, the schooldistrict in which the teacher is employed is not required to pay for more thanone-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 alicensed 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 shallnot:

(a) Assign or reassign a licensed teacher or schoolpsychologist to circumvent the requirements of this section.

(b) Include as part of a teachers or schoolpsychologists salary the costs of paying the teacher or school psychologist topurchase service pursuant to this section.

5. As used in this section:

(a) A child is at risk if he is eligible for free orreduced-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, 20thSpecial Session, 204, 205)

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

1. Except as otherwise provided in subsection 2, ateacher or other employee for whom a license is required is not entitled toreceive any portion of public money for schools as compensation for servicesrendered unless:

(a) He is legally employed by the board of trustees ofthe school district or the governing body of the charter school in which he isteaching or performing other educational functions.

(b) He has a license authorizing him to teach orperform other educational functions at the level and, except as otherwiseprovided in NRS 391.125, in the fieldfor which he is employed, issued in accordance with law and in full force atthe time the services are rendered.

2. The provisions of subsection 1 do not prohibit thepayment of public money to teachers or other employees who are employed by acharter school for whom a license is not required pursuant to the provisions ofNRS 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 Absencesof employees: Compensation; deductions; accumulation and transfer of sickleave; intermission and extension of days of school.

1. As used in this section, employee means anyemployee of a school district or charter school in this State.

2. A school month in any public school in this Stateconsists of 4 weeks of 5 days each.

3. Nothing contained in this section prohibits thepayment of employees compensation in 12 equal monthly payments for 9 or moremonths work.

4. The per diem deduction from the salary of anemployee because of absence from service for reasons other than those specifiedin this section is that proportion of the yearly salary which is determined bythe ratio between the duration of the absence and the total number ofcontracted workdays in the year.

5. Boards of trustees shall either prescribe byregulation or negotiate pursuant to chapter 288of NRS, with respect to sick leave, accumulation of sick leave, payment forunused sick leave, sabbatical leave, personal leave, professional leave, militaryleave and such other leave as they determine to be necessary or desirable foremployees. In addition, boards of trustees may either prescribe by regulationor negotiate pursuant to chapter 288 of NRSwith respect to the payment of unused sick leave to licensed teachers in theform of purchase of service pursuant to subsection 4 of NRS 286.300. The amount of service sopurchased must not exceed the number of hours of unused sick leave or 1 year,whichever is less.

6. The salary of any employee unavoidably absentbecause 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 sickleave accumulated by the employee. An employee may not be credited with morethan 15 days of sick leave in any 1 school year. Except as otherwise providedin this subsection, if an employee takes a position with another schooldistrict or charter school, all sick leave that he has accumulated must betransferred from his former school district or charter school to his new schooldistrict or charter school. The amount of sick leave so transferred may notexceed the maximum amount of sick leave which may be carried forward from oneyear to the next according to the applicable negotiated agreement or the policyof the district or charter school into which the employee transferred. Unlessthe applicable negotiated agreement or policy of the employing district orcharter school provides otherwise, such an employee:

(a) Shall first use the sick leave credited to theemployee from the district or charter school into which he transferred beforeusing any of the transferred leave; and

(b) Is not entitled to compensation for any sick leavetransferred pursuant to this subsection.

7. Subject to the provisions of subsection 8:

(a) If an intermission of less than 6 days is orderedby the board of trustees of a school district or the governing body of acharter school for any good reason, no deduction of salary may be made therefor.

(b) If, on account of sickness, epidemic or otheremergency in the community, a longer intermission is ordered by the board oftrustees of a school district, the governing body of a charter school or aboard of health and the intermission or closing does not exceed 30 days at anyone time, there may be no deduction or discontinuance of salaries.

8. If the board of trustees of a school district orthe governing body of a charter school orders an extension of the number ofdays of school to compensate for the days lost as the result of an intermissionbecause of those reasons contained in paragraph (b) of subsection 7, anemployee may be required to render his services to the school district orcharter school during that extended period. If the salary of the employee wascontinued during the period of intermission as provided in subsection 7, theemployee is not entitled to additional compensation for services renderedduring the extended period.

9. If any subject referred to in this section is includedin an agreement or contract negotiated by:

(a) The board of trustees of a school district pursuantto chapter 288 of NRS; or

(b) The governing body of a charter school pursuant to NRS 386.595,

theprovisions of the agreement or contract regarding that subject supersede anyconflicting provisions of this section or of a regulation of the board oftrustees.

[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)

NRS 391.200 Salariesof teachers are prior claims on school district fund. Thesalaries of:

1. Teachers and other licensed personnel in a schooldistrict, as determined by the contracts between the teachers and otherlicensed employees and the board of trustees; and

2. Teachers in a charter school,

are priorclaims upon the school district fund.

[342:32:1956](NRS A 1979, 1605; 1987, 1002; 1999, 3314)

NRS 391.205 Involuntarytransfer or reassignment of unlicensed employees.

1. Except as otherwise provided in subsection 2, anyinvoluntary transfer or reassignment of an unlicensed employee must be based onassignment and seniority and may not be made as a form of discipline.

2. An unlicensed employee may be reassigned for lessthan 30 days in response to temporary requirements for work.

3. If an unlicensed employee believes an involuntarytransfer or reassignment was made as a form of discipline, he is entitled to ahearing on that issue.

(Added to NRS by 1987, 1162)

NURSING SERVICES

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

1. The provision of nursing services in a schooldistrict by school nurses and other qualified personnel must be under thedirection and supervision of a chief nurse who is a registered nurse asprovided in NRS 632.240 and who:

(a) Holds an endorsement to serve as a school nurseissued pursuant to regulations adopted by the Commission; or

(b) Is employed by a state, county, city or districthealth department and provides nursing services to the school district in thecourse of that employment.

2. A school district shall not employ a person toserve as a school nurse unless he holds an endorsement to serve as a schoolnurse issued pursuant to regulations adopted by the Commission.

(Added to NRS by 1991, 1697; A 2001, 540)

NRS 391.208 Dutiesof school nurse. A school nurse shall, foreach school at which he is responsible for providing nursing services:

1. Ensure that each pupil enrolled in the school hasbeen immunized in accordance with, is exempt from or has otherwise compliedwith, the requirements set forth in NRS392.435 to 392.446, inclusive.

2. Assess and evaluate the general health and physicaldevelopment of the pupils enrolled in the school to identify those pupils whohave physical or mental conditions that impede their ability to learn.

3. Report the results of an evaluation conducted pursuantto subsection 2 to:

(a) A parent or guardian of the pupil;

(b) Each administrator and teacher directly involvedwith the education of the pupil; and

(c) Other professional personnel within the schooldistrict who need the information to assist the pupil with his health oreducation.

4. Design and carry out a plan of nursing care for apupil with special needs which incorporates any plan specified by the pupilsphysician or provider of health care, as defined in NRS 629.031, and which is approved by thepupils parent or guardian. The nursing services provided pursuant to a plan ofnursing care must be performed in compliance with chapter632 of NRS.

5. When appropriate, refer a pupil and his parent orguardian to other sources in the community to obtain services necessary for thehealth of the pupil.

6. Interpret medical and nursing information thatrelates to a pupils individual educational plan or individualizedaccommodation plan and make recommendations to:

(a) Professional personnel directly involved with thatpupil; and

(b) The parents or guardian of that pupil.

(Added to NRS by 1991, 1697; A 2001, 540)

POWERS, DUTIES AND SUPERVISION OF PERSONNEL

NRS 391.210 Exerciseof trustees authority in school by certain personnel.The board of trustees of a school district may direct theadministrators, principals, teachers and other licensed personnel employed bythem to exercise such powers and authority in the schools as the board oftrustees has under this title of NRS.

[343:32:1956](NRS A 1967, 456; 1979, 1605; 1987,1002)

NRS 391.230 Filingof licenses with superintendent of school district; exception for unlicensedteachers of charter school.

1. Except as otherwise provided in subsection 3, uponthe opening of any public school in this state, every teacher and otherlicensed employee employed for that school shall file with the superintendentof the county school district a Nevada license entitling the holder to teach orperform 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 districtshall acknowledge the receipt of each license and shall make a proper recordthereof in his office. The license must remain on file and be safely kept inthe office of the superintendent of the county school district.

3. This section does not apply to unlicensed teacherswho 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)

NRS 391.240 Teachers:Keeping register of pupils.

1. Except as otherwise provided in subsection 2, eachteacher in the public schools shall keep a true, full and correct register ofall pupils attending such school as required by the board of trustees of theschool district in accordance with the regulations prescribed by theSuperintendent of Public Instruction.

2. Each teacher in a charter school shall keep arecord of the enrollment of pupils in the charter school in accordance with theregulations prescribed by the Superintendent of Public Instruction.

[346:32:1956](NRS A 1971, 549; 1979, 1605; 1999, 3314)

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

1. Except as otherwise provided in subsection 2, eachteacher in the public schools shall enforce the course of study as prescribedby law, the use of legally authorized textbooks, and the rules and regulationsprescribed for teachers and schools.

2. The provisions of subsection 1 do not prohibit acharter school from:

(a) Offering courses of study other than the courses ofstudy prescribed by law;

(b) Using textbooks other than the textbooks that arelegally authorized for use in the school district; or

(c) Enforcing rules and regulations other than therules and regulations prescribed.

[348:32:1956](NRS A 1997, 1873)

NRS 391.270 Teachers:Holding pupils to account for conduct. Everyteacher in the public schools shall hold pupils to a strict account of theirconduct on and in close proximity to the school grounds, on the play ground,and during any intermission.

[349:32:1956]

NRS 391.271 Schooldistrict to provide for legal defense of employee charged with certain crimescommitted within scope of employment; exceptions.

1. If a person who is or was employed by a schooldistrict is charged by criminal complaint with assault, battery or a similarcrime as a result of his actions in attempting to maintain a safe or peacefulschool environment, the school district shall, as soon as practicable, providefor the legal defense of the employee in that case. The school district shallnot require a waiver of the attorney-client privilege as a condition ofproviding the defense.

2. In any case in which the school district isrequired to provide for an employees legal defense pursuant to subsection 1,the court shall include in its judgment a finding as to whether the conduct ofthe defendant which was alleged to be criminal was within the scope of hisemployment and whether the conduct was malicious or wanton.

3. If the court finds that the conduct of thedefendant was not within the scope of his employment or was wanton ormalicious, the employee or former employee is liable to the school district forthe amount expended by the school district for his defense.

(Added to NRS by 1989, 1991)

NRS 391.273 Supervisionof unlicensed personnel required; exemptions; reduction of basic supportallocation for failure to comply; exception for certain unlicensed personnel ofcharter school.

1. Except as otherwise provided in subsections 4 and10, the unlicensed personnel of a school district must be directly supervisedby licensed personnel in all duties which are instructional in nature. To theextent practicable, the direct supervision must be such that the unlicensedpersonnel are in the immediate location of the licensed personnel and arereadily available during such times when supervision is required.

2. Unlicensed personnel who are exempted pursuant tosubsection 4 must be under administrative supervision when performing dutieswhich are instructional in nature.

3. Unlicensed personnel may temporarily perform dutiesunder administrative supervision which are not primarily instructional innature.

4. Except as otherwise provided in subsection 5, uponapplication by a superintendent of schools, the Superintendent of PublicInstruction may grant an exemption from the provisions of subsection 1. TheSuperintendent shall not grant an exemption unless:

(a) The duties are within the employees specialexpertise or training;

(b) The duties relate to the humanities or an electivecourse of study, or are supplemental to the basic curriculum of a school;

(c) The performance of the duties does not result inthe replacement of a licensed employee or prevent the employment of a licensedperson willing to perform those duties;

(d) The secondary or combined school in which theduties will be performed has less than 100 pupils enrolled and is at least 30miles from a school in which the duties are performed by licensed personnel;and

(e) The unlicensed employee submits his fingerprintsfor an investigation pursuant to NRS 391.033.

5. The exemption authorized by subsection 4 does notapply to a paraprofessional if the provisions of 20 U.S.C. 6319 and theregulations adopted pursuant thereto require the paraprofessional to bedirectly supervised by a licensed teacher.

6. The Superintendent of Public Instruction shall filea record of all exempt personnel with the clerk of the board of trustees ofeach local school district, and advise the clerk of any changes therein. Therecord 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 deemedappropriate by the Superintendent of Public Instruction; and

(d) The date the exemption expires or a statement thatthe exemption is valid as long as the employee remains in the same position atthe same school.

7. The Superintendent of Public Instruction may adoptregulations prescribing the procedure to apply for an exemption pursuant tothis section and the criteria for the granting of such exemptions.

8. Except in an emergency, it is unlawful for theboard of trustees of a school district to allow a person employed as ateachers aide to serve as a teacher unless the person is a legally qualifiedteacher licensed by the Superintendent of Public Instruction. As used in thissubsection, emergency means an unforeseen circumstance which requiresimmediate action and includes the fact that a licensed teacher or substituteteacher is not immediately available.

9. If the Superintendent of Public Instructiondetermines that the board of trustees of a school district has violated theprovisions of subsection 8, he shall take such actions as are necessary toreduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to theproduct 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 theteachers aide; and

(c) The number of dollars of basic support apportionedto the district per pupil per day pursuant to NRS 387.1233.

10. The provisions of this section do not apply tounlicensed personnel who are employed by the governing body of a charterschool, unless a paraprofessional employed by the governing body is required tobe directly supervised by a licensed teacher pursuant to the provisions of 20U.S.C. 6319 and the regulations adopted pursuant thereto.

(Added to NRS by 1987, 1480; A 1989, 2146; 1999, 3314; 2003, 19th SpecialSession, 74)

NRS 391.275 Jurisdictionof school police officers. The jurisdiction ofeach 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, orreal or personal property; or

2. Cooperating with local law enforcement agencies inmatters relating to personnel, pupils or real or personal property of theschool district.

(Added to NRS by 1971, 2078; A 1979, 1606; 1989, 630)

PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS

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

1. The board of trustees of each school district,individually or in conjunction with other school districts, shall develop andcarry out a program to train employees who operate a boiler or other pressurevessel which has a burner input of more than 2,500,000 British thermal unitsand is located in a public or private elementary or secondary school in thisstate.

2. The program must consist of instruction in theclassroom 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 andwater treatment;

(g) Care and maintenance of boilers;

(h) Safety and emergency procedures; and

(i) Any other subjects determined to be appropriate bythe board.

3. The board of trustees of each school district shallsubmit its program and any subsequent modifications to the program, includingcurricula and materials, to the Division of Industrial Relations of theDepartment of Business and Industry for its review and comment.

(Added to NRS by 1995, 908)

EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT

NRS 391.280 Attendanceof licensed employees at conference. Everyteacher or other licensed employee, without loss of salary for the timeemployed, shall attend the educational conferences held in the school districtin which he is employed unless excused for good cause by the superintendent ofschools of the district.

[350:32:1956](NRS A 1971, 549; 1973, 396; 1979, 1606;1987, 1003)

NRS 391.285 Suspensionof licensed employee for unexcused absence from conference. The Superintendent of Public Instruction may suspend, fora time not to exceed 1 year, the license of any teacher or other licensedemployee who has an unexcused absence from any educational conference he isrequired to attend.

(Added to NRS by 1979, 1601; A 1987, 1003)

NRS 391.290 Paymentof expenses of travel and living for administrators and teachers attendingconference.

1. Whenever an educational conference is called by theSuperintendent of Public Instruction, the board of trustees of a schooldistrict whose school administrators and teachers are required to attend theeducational conference shall, unless such school administrators or teachers areexcused for cause by the superintendent of schools of the district fromattendance:

(a) Pay the actual necessary transportation expenses ofschool administrators and teachers of the school district to and from theeducational conference.

(b) Pay the actual necessary living expenses of schooladministrators and teachers of the school district while attending theeducational conference.

2. Expenses shall be paid out of the school districtfund and claims therefor shall not exceed the statutory rate fixed for stateofficers.

[351:32:1956](NRS A 1979, 1606)

NRS 391.295 Transportationof personnel to and from conference. A boardof trustees of a school district may authorize the use of school buses to transportteachers, school administrators and other school employees to educational conferencesconvened by the State Board of Education.

[396:32:1956](NRS A 1979, 1616)(Substituted inrevision for NRS 392.370)

NRS 391.298 Focusand structure of scheduled professional development. Ifthe board of trustees of a school district or the superintendent of schools ofa school district schedules a day or days for the professional development ofteachers or administrators employed by the school district:

1. The primary focus of that scheduled professionaldevelopment must be to improve the achievement of the pupils enrolled in theschool district, as set forth in the plan to improve the achievement of pupilsprepared pursuant to NRS 385.348 or 385.357, as applicable.

2. The scheduled professional development must bestructured so that teachers attend professional development that is designedfor 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 toMaintain Valid License

NRS 391.301 Employeedefined. As used in NRS 391.301 to 391.309, inclusive, unless the contextotherwise 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, tohold a license issued pursuant to this chapter.

(Added to NRS by 2003, 2817)

NRS 391.302 Suspensionand termination required; reinstatement if extension of time or other relief isgranted.

1. If an employee fails to maintain his license inforce, the school district that employs him shall:

(a) Immediately suspend the employee without pay; and

(b) Terminate his employment if he fails to reinstatehis license within the time prescribed by subsection 2 of NRS 391.305.

2. If an employee is suspended pursuant to thissection and, within 90 days after the date of suspension, is granted by theDepartment or Commission an extension of time or any other relief which has theeffect of reinstating or continuing his license in force, the suspension of theemployee is ineffective and the school district shall immediately reinstate theemployee while his license remains in force. The employee must be reinstated tothe position he held at the time of his suspension. If the employee thereafterfails again to maintain his license in force, the school district shall againsuspend the employee without pay and proceed in accordance with NRS 391.305, 391.308 and 391.309.

(Added to NRS by 2003, 2817)

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

1. If a school district is required to suspend anemployee pursuant to NRS 391.302, thesuperintendent of schools of the school district shall provide written noticeof 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 beterminated unless he reinstates his license within the time prescribed bysubsection 2;

(c) Set forth the date on which the period forreinstatement of his license will expire;

(d) Advise the employee of his right to a hearingpursuant to NRS 391.308;

(e) Include a copy of the form upon which the employeemay request a hearing; and

(f) Set forth the name and address of the person towhom 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 ofsuspension; or

(b) Within any longer period authorized by thesuperintendent of schools of the school district or his designee pursuant to NRS 391.308,

the schooldistrict shall immediately reinstate the employee to the position that he heldat the time of his suspension.

3. If an employee fails to reinstate his licensewithin the time prescribed by subsection 2, his employment shall be deemed tohave terminated as of the date of his suspension pursuant to NRS 391.302. The superintendent of schoolsof the school district shall provide written notice of the termination to theemployee by personal delivery or by certified mail. The failure of the employeeto receive the notice required by this subsection does not render thetermination ineffective.

(Added to NRS by 2003, 2817)

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

1. An employee who is suspended by a school districtpursuant to NRS 391.302 is entitled to ahearing if he makes a timely request for a hearing, as set forth in thissection. A request for a hearing must:

(a) Be received, within 15 days after the date of thenotice of suspension, by the person designated by the school district pursuantto paragraph (f) of subsection 1 of NRS391.305;

(b) Set forth any facts which the employee believes arerelevant; and

(c) Be accompanied by a copy of any documents which theemployee believes are relevant.

2. If an employee fails to make a timely request for ahearing pursuant to this section, the right of the employee to reinstatement bythe school district pursuant to subsection 2 of NRS 391.305 is not affected if he satisfiesthe requirements of that subsection.

3. If a timely request for a hearing is made, thesuperintendent of schools of the school district or his designee shall convenea hearing to consider whether extenuating circumstances exist that warrant anextension of the time prescribed by paragraph (a) of subsection 2 of NRS 391.305 for reinstatement of hislicense.

4. A hearing required by this section must be heldwithin 20 days after the date of notice of suspension. The employee and theschool 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, thesuperintendent of schools of the school district or his designee shall issue aruling. The ruling must:

(a) State whether the employee will be granted anextension 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, willexpire.

6. In addition to the requirements of subsection 5,the ruling must be set forth in writing. Not later than 3 working days afterthe conclusion of the hearing, a copy of the written ruling must be mailed orpersonally delivered to the employee and the person who represented theemployee during the hearing, if any. The failure of an employee to receive acopy of the written ruling does not render the ruling ineffective.

7. If an employee is granted an extension of timepursuant to this section, that extension is effective only for the purposes ofthe employment relationship between the school district and the employee and isnot binding on the Department or Commission.

(Added to NRS by 2003, 2818)

NRS 391.309 Effectof provisions. The provisions of NRS 391.301 to 391.309, inclusive, do not:

1. Limit any right or remedy an employee may haveagainst an agency or official of this state based upon the loss of his license.

2. Preclude a school district from employing a personas a substitute teacher or in any other position for which he is legallyqualified.

(Added to NRS by 2003, 2819)

Suspensions, Demotions, Dismissals and Refusals toReemploy; Reemployment

NRS 391.311 Definitions. As used in NRS 391.311to 391.3197, inclusive, unless thecontext otherwise requires:

1. Administrator means any employee who holds alicense as an administrator and who is employed in that capacity by a schooldistrict.

2. Board means the board of trustees of the schooldistrict in which a licensed employee affected by NRS 391.311 to 391.3197, inclusive, is employed.

3. Demotion means demotion of an administrator to aposition of lesser rank, responsibility or pay and does not include transfer orreassignment 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 orattempted sexual conduct with a pupil enrolled in an elementary or secondaryschool. As used in this paragraph, sexual conduct has the meaning ascribed toit in NRS 201.520.

5. Postprobationary employee means an administratoror a teacher who has completed the probationary period as provided in NRS 391.3197 and has been given notice ofreemployment.

6. Probationary employee means an administrator or ateacher who is employed for the period set forth in NRS 391.3197.

7. Superintendent means the superintendent of aschool district or a person designated by the board or superintendent to act assuperintendent during the absence of the superintendent.

8. Teacher means a licensed employee the majority ofwhose working time is devoted to the rendering of direct educational service topupils 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)

NRS 391.3115 Applicabilityof NRS391.311 to 391.3197, inclusive.

1. The demotion, suspension, dismissal and nonreemploymentprovisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

(a) Substitute teachers; or

(b) Adult education teachers.

2. The provisions of NRS391.311 to 391.3194, inclusive, donot apply to a teacher whose employment is suspended or terminated pursuant tosubsection 3 of NRS 391.120 for failureto maintain a license in force.

3. A licensed employee who is employed in a positionfully funded by a federal or private categorical grant or to replace anotherlicensed employee during that employees leave of absence is employed only forthe duration of the grant or leave. Such a licensed employee and licensedemployees who are employed on temporary contracts for 90 school days or less,or its equivalent in a school district operating under an alternative scheduleauthorized pursuant to NRS 388.090, toreplace licensed employees whose employment has terminated after the beginningof the school year are entitled to credit for that time in fulfilling anyperiod 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)

NRS 391.3116 Contractnegotiated by collective bargaining may supersede provisions of NRS 391.311to 391.3197,inclusive. The provisions of NRS 391.311 to 391.3197, inclusive, do not apply to ateacher, administrator, or other licensed employee who has entered into acontract with the board negotiated pursuant to chapter288 of NRS if the contract contains separate provisions relating to theboards right to dismiss or refuse to reemploy the employee or demote anadministrator.

(Added to NRS by 1973, 790; A 1979, 1607, 1830; 1987,1004)

NRS 391.312 Groundsfor suspension, demotion, dismissal and refusal to reemploy teachers andadministrators; consideration of evaluations and standards of performance.

1. A teachermay 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) Unprofessionalconduct;

(d) Insubordination;

(e) Neglect ofduty;

(f) Physical ormental incapacity;

(g) Ajustifiable decrease in the number of positions due to decreased enrollment ordistrict reorganization;

(h) Convictionof a felony or of a crime involving moral turpitude;

(i) Inadequateperformance;

(j) Evidentunfitness for service;

(k) Failure tocomply with such reasonable requirements as a board may prescribe;

(l) Failure toshow normal improvement and evidence of professional training and growth;

(m) Advocatingoverthrow of the Government of the United States or of the State of Nevada byforce, violence or other unlawful means, or the advocating or teaching ofcommunism with the intent to indoctrinate pupils to subscribe to communisticphilosophy;

(n) Any causewhich constitutes grounds for the revocation of a teachers license;

(o) Willfulneglect or failure to observe and carry out the requirements of this title;

(p) Dishonesty;

(q) Breaches inthe security or confidentiality of the questions and answers of the achievementand proficiency examinations that are administered pursuant to NRS 389.015;

(r) Intentionalfailure to observe and carry out the requirements of a plan to ensure thesecurity of examinations adopted pursuant to NRS389.616 or 389.620; or

(s) Anintentional violation of NRS 388.5265or 388.527.

2. In determining whether the professional performanceof a licensed employee is inadequate, consideration must be given to theregular and special evaluation reports prepared in accordance with the policyof the employing school district and to any written standards of performancewhich may have been adopted by the board.

(Added to NRS by 1967, 968; A 1973, 791; 1987, 1004; 1999, 1434, 3241; 2001, 1211)

NRS 391.3125 Evaluationsof licensed personnel: Development of policy; number of evaluations; notice toprobationary employee that he may not be reemployed; recommendations andassistance; copy of evaluation.

1. It is the intent of the Legislature that a uniformsystem be developed for objective evaluation of teachers and other licensedpersonnel in each school district.

2. Each board, following consultation with andinvolvement of elected representatives of the teachers or their designees,shall develop a policy for objective evaluations in narrative form. The policymust set forth a means according to which an employees overall performance maybe determined to be satisfactory or unsatisfactory. The policy may include anevaluation by the teacher, pupils, administrators or other teachers or anycombination thereof. In a similar manner, counselors, librarians and otherlicensed personnel must be evaluated on forms developed specifically for theirrespective specialties. A copy of the policy adopted by the board must be filedwith the Department. The primary purpose of an evaluation is to provide aformat for constructive assistance. Evaluations, while not the sole criterion,must be used in the dismissal process.

3. A conference and a written evaluation for aprobationary employee must be concluded no later than:

(a) December 1;

(b) February 1; and

(c) April 1,

of eachschool year of the probationary period, except that a probationary employeeassigned to a school that operates all year must be evaluated at least threetimes during each 12 months of employment on a schedule determined by theboard.

4. Whenever an administrator charged with theevaluation of a probationary employee believes the employee will not bereemployed for the second year of the probationary period or the school yearfollowing the probationary period, he shall bring the matter to the employeesattention in a written document which is separate from the evaluation no laterthan February 15 of the current school year. The notice must include thereasons for the potential decision not to reemploy or refer to the evaluationin which the reasons are stated. Such a notice is not required if the probationaryemployee has received a letter of admonition during the current school year.

5. Each postprobationary teacher must be evaluated atleast once each year.

6. The evaluation of a probationary teacher or apostprobationary teacher must, if necessary, include recommendations forimprovements in his performance. A reasonable effort must be made to assist theteacher to correct any deficiencies noted in the evaluation. The teacher mustreceive a copy of each evaluation not later than 15 days after the evaluation.A copy of the evaluation and the teachers response must be permanentlyattached to the teachers personnel file.

(Added to NRS by 1973, 790; A 1975, 614; 1979, 1607,1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393)

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

1. Each board, following consultation with andinvolvement of elected representatives of administrative personnel or theirdesignated representatives, shall develop an objective policy for the objectiveevaluation of administrators in narrative form. The policy must set forth ameans according to which an administrators overall performance may bedetermined to be satisfactory or unsatisfactory. The policy may include anevaluation by the administrator, superintendent, pupils or other administratorsor any combination thereof. A copy of the policy adopted by the board must befiled with the Department and made available to the Commission.

2. Each administrator must be evaluated in writing atleast once a year.

3. Before a superintendent transfers or assigns anadministrator to another administrative position as part of an administrativereorganization, if the transfer or reassignment is to a position of lower rank,responsibility or pay, he shall give written notice of the proposed transfer orassignment to the administrator at least 30 days before the date on which it isto be effective. The administrator may appeal the decision of thesuperintendent to the board by requesting a hearing in writing to the presidentof 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 therequest, and shall render its decision within 5 days after the hearing. Thedecision of the board is final.

(Added to NRS by 1973, 790; A 1975, 615; 1979, 1608,1831; 1985, 1085; 1987, 1005)

NRS 391.313 Admonitionof licensed employee: Duty of administrator; removal from records; whenadmonition not required.

1. Whenever an administrator charged with supervisionof a licensed employee believes it is necessary to admonish the employee for areason that he believes may lead to demotion, dismissal or cause the employeenot to be reemployed under the provisions of NRS391.312, he shall:

(a) Except as otherwise provided in subsection 2, bringthe matter to the attention of the employee involved, in writing, stating thereasons for the admonition and that it may lead to his demotion, dismissal or arefusal to reemploy him, and make a reasonable effort to assist the employee tocorrect whatever appears to be the cause for his potential demotion, dismissalor a potential recommendation not to reemploy him; and

(b) Except as otherwise provided in NRS 391.314, allow reasonable time forimprovement, which must not exceed 3 months for the first admonition.

Anadmonition issued to a licensed employee who, within the time granted forimprovement, has met the standards set for him by the administrator who issuedthe admonition must be removed from the records of the employee together withall notations and indications of its having been issued. The admonition must beremoved from the records of the employee not later than 3 years after it isissued.

2. An administrator need not admonish an employeepursuant to paragraph (a) of subsection 1 if his employment will be terminatedpursuant to NRS 391.3197. If byFebruary 15 of the first or second year of his probationary period a probationaryemployee does not receive a written notice pursuant to subsection 4 of NRS 391.3125 of a potential decision notto reemploy him, he must receive an admonition before any such decision ismade.

3. A licensed employee is subject to immediatedismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without theadmonition required by this section, on grounds contained in paragraphs (b),(f), (g), (h) and (p) of subsection 1 of NRS391.312.

(Added to NRS by 1967, 968; A 1969, 853; 1973, 792;1977, 1379; 1979, 1831; 1985, 1085; 1987, 1006; 1989, 1427; 1995, 394)

NRS 391.314 Suspensionof licensed employee; dismissal proceedings; reinstatement; salary duringsuspension or dismissal proceedings; forfeiture of right of employment forcertain offenses; period of suspension.

1. If a superintendent has reason to believe thatcause exists for the dismissal of a licensed employee and he is of the opinionthat the immediate suspension of the employee is necessary in the bestinterests of the pupils in the district, the superintendent may suspend theemployee without notice and without a hearing. Notwithstanding the provisionsof NRS 391.312, a superintendent maysuspend a licensed employee who has been officially charged but not yetconvicted of a felony or a crime involving moral turpitude or immorality. Ifthe charge is dismissed or if the employee is found not guilty, he must be reinstatedwith back pay, plus interest, and normal seniority. The superintendent shallnotify 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 theemployees dismissal. The employee is entitled to continue to receive hissalary and other benefits after the suspension becomes effective until the dateon which the dismissal proceedings are commenced. The superintendent may recommendthat an employee who has been charged with a felony or a crime involvingimmorality 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 schooldistrict a bond or other security which is acceptable to the board as aguarantee that he will repay any amounts paid to him pursuant to thissubsection as salary during a period of suspension is entitled to continue toreceive his salary from the date on which the dismissal proceedings arecommenced 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 toaccept security other than a bond. An employee who receives salary pursuant tothis subsection shall repay it if he is dismissed or not reemployed as a resultof a decision of the board or a report of a hearing officer.

5. A licensed employee who is convicted of a crimewhich requires registration pursuant to NRS179D.200 to 179D.290, inclusive,or 179D.350 to 179D.550, inclusive, or is convicted ofan act forbidden by NRS 200.508, 201.190, 201.265,201.540, 201.560 or 207.260 forfeits all rights of employmentfrom the date of his arrest.

6. A licensed employee who is convicted of any crimeand who is sentenced to and serves any sentence of imprisonment forfeits allrights of employment from the date of his arrest or the date on which hisemployment terminated, whichever is later.

7. A licensed employee who is charged with a felony ora crime involving immorality or moral turpitude and who waives his right to aspeedy trial while suspended may receive no more than 12 months of back pay andseniority upon reinstatement if he is found not guilty or the charges aredismissed, unless proceedings have been begun to dismiss the employee upon oneof the other grounds set forth in NRS391.312.

8. A superintendent may discipline a licensed employeeby suspending the employee with loss of pay at any time after a hearing hasbeen held which affords the due process provided for in this chapter. Thegrounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspendedmore than once during the employees contract year, but the total number ofdays of suspension may not exceed 20 in 1 contract year. Unless circumstancesrequire 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)

NRS 391.315 Recommendationsfor demotion, dismissal and against reemployment; request for appointment ofhearing officer.

1. A superintendent may recommend that a teacher bedismissed or not reemployed.

2. A superintendent may recommend that anadministrator be demoted, dismissed or not reemployed.

3. The board may recommend that a superintendent bedismissed or not reemployed.

4. If the board recommends that a superintendent bedemoted, dismissed or not reemployed, it may request the appointment of ahearing officer, depending upon the grounds for the recommendation.

(Added to NRS by 1967, 969; A 1973, 793; 1979, 1833)

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

1. Each request for the appointment of a person toserve as a hearing officer must be submitted to the Superintendent of PublicInstruction.

2. Within 10 days after receipt of such a request, theSuperintendent of Public Instruction shall request that the Hearings Divisionof the Department of Administration appoint a hearing officer.

3. The State Board shall prescribe the procedures forexercising challenges to a hearing officer, including, without limitation, thenumber of challenges that may be exercised and the time limits in which thechallenges must be exercised.

4. A hearing officer shall conduct hearings in casesof demotion, dismissal or a refusal to reemploy based on the grounds containedin subsection 1 of NRS 391.312.

5. This section does not preclude the employee and thesuperintendent from mutually selecting an attorney who is a resident of thisState, an arbitrator provided by the American Arbitration Association or arepresentative of an agency or organization that provides alternative disputeresolution services to serve as a hearing officer to conduct a particularhearing.

(Added to NRS by 1973, 789; A 1979, 1608, 1833; 1985,1048; 1993, 183; 2005,464)

NRS 391.317 Noticeof intention to recommend demotion, dismissal or refusal to reemploy; rights ofemployee.

1. At least 15 days before recommending to a boardthat it demote, dismiss or not reemploy a postprobationary employee, or dismissor demote a probationary employee, the superintendent shall give written noticeto the employee, by registered or certified mail, of his intention to make therecommendation.

2. The notice must:

(a) Inform the licensed employee of the grounds for therecommendation.

(b) Inform the employee that, if a written requesttherefor is directed to the superintendent within 10 days after receipt of thenotice, the employee is entitled to a hearing before a hearing officer.

(c) Refer to chapter 391of NRS.

(Added to NRS by 1967, 969; A 1973, 793; 1979, 1833;1985, 1087; 1987, 1008; 1989, 1427; 2005, 465)

NRS 391.318 Requestfor hearing: Action by superintendent.

1. If a request for a hearing is not made within thetime 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, thesuperintendent shall not file his recommendation with the board until a reportof the hearing officer is filed with him.

(Added to NRS by 1967, 970; A 1973, 794; 1979, 1834)

NRS 391.3191 Submissionof request for appointment of hearing officer; challenge of members of list ofhearing officers before designation. Repealed. (See chapter 136, Statutes of Nevada 2005,at page 466.)

 

NRS 391.31915 Designationof hearing officers; peremptory challenges of designated officers. Repealed.(See chapter 136, Statutesof Nevada 2005, at page 466.)

 

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

1. As soon as possible after the time of hisdesignation, the hearing officer shall hold a hearing to determine whether thegrounds for the recommendation are substantiated.

2. The Superintendent of Public Instruction shallfurnish the hearing officer with any assistance which is reasonably required toconduct the hearing, and the hearing officer may require witnesses to givetestimony under oath and produce evidence relevant to the investigation.

3. The licensed employee and superintendent areentitled to be heard, to be represented by an attorney and to call witnesses intheir behalf.

4. The hearing officer is entitled to be reimbursedfor his reasonable actual expenses.

5. If requested by the hearing officer, an officialtranscript must be made.

6. The board and the licensed employee are equallyresponsible for the expense of and compensation for the hearing officer and theexpense of the official transcript.

7. The State Board shall develop a set of uniformstandards and procedures to be used in such a hearing. The technical rules ofevidence do not apply to this hearing.

(Added to NRS by 1967, 970; A 1973, 794; 1979, 1610,1834; 1985, 1049; 1987, 1009; 2005, 465)

NRS 391.31925 Personwith disability entitled to services of qualified interpreter at hearing. The licensed employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a person witha disability as defined in NRS 50.050,is entitled to the services of an interpreter at public expense, subject to theprovisions of NRS 50.052 and 50.053. The interpreter must be:

1. Qualified to engage in the practice of interpretingin this state pursuant to subsection 2 of NRS656A.100; and

2. Appointed by the hearing officer.

(Added to NRS by 1979, 658; A 1987, 1009; 2001, 1778)

NRS 391.3193 Writtenreport of hearing: Contents; final and binding if so agreed; time limited forfiling.

1. Except as otherwise provided in subsection 3,within 30 days after the time of his designation, the hearing officer shallcomplete the hearing and shall prepare and file a written report with thesuperintendent and the licensed employee involved not later than 15 days afterthe conclusion of the hearing.

2. The report must contain an outline of the scope ofthe hearing, findings of fact and conclusions of law, and recommend a course ofaction to be taken by the board. The report of the hearing officer is final andbinding on the employee and the board if the employee and the superintendenthave so agreed before the selection of the hearing officer was begun.

3. If it appears that the report cannot be preparedwithin 15 days, the licensed employee and the superintendent shall be sonotified before the end of that period, and the hearing officer may take thetime necessary not exceeding 30 days following the conclusion of the hearing tofile the written report and recommendation.

4. The licensed employee and the superintendent or hisdesignee may mutually agree to waive any of the time limits applicable to thehearing procedure.

(Added to NRS by 1967, 970; A 1971, 381; 1973, 795;1979, 1610, 1835; 1987, 1009)

NRS 391.3194 Actionby superintendent upon receipt of report; action by board; notice to licensedemployee; judicial review.

1. Within 5 days after the superintendent receives thereport of the hearing officer he shall either withdraw the recommendation todemote, dismiss or not reemploy the licensed employee or file hisrecommendation with the board.

2. Within 15 days after the receipt of therecommendation of the superintendent, the board shall either accept or rejectthe hearing officers recommendation and notify the licensed employee inwriting of its decision.

3. The board may, before making a decision, refer thereport back to the hearing officer for further evidence and recommendations.Within 15 days after the report is referred to him, the hearing officer shallcomplete the report and file it with the board and mail a copy to thesuperintendent and licensed employee.

4. The licensed employee may appeal the decision to adistrict court within the time limits and in the manner provided by law forappeals of administrative decisions of state agencies. If the report of thehearing officer is final and binding, the employee or the board may requestjudicial 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)

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

1. On or before May 1 of each year, the board shallnotify postprobationary employees in their employ, in writing, by certifiedmail or by delivery of the employees contract, concerning their reemploymentfor the ensuing year. If the board, or the person designated by it, fails tonotify a postprobationary employee who has been employed by a school districtof his status for the ensuing year, the employee shall be deemed to bereemployed for the ensuing year under the same terms and conditions as he isemployed for the current year.

2. This section does not apply to any licensedemployee who has been recommended to be demoted, dismissed or not reemployed ifproceedings have commenced and no final decision has been made by the board. Alicensed employee may be demoted or dismissed for grounds set forth in NRS 391.312 after he has been notified thathe is to be reemployed for the ensuing year.

3. Any licensed employee who is reemployed pursuant tosubsection 1 shall, by May 10, notify the board in writing of his acceptance ofemployment. Failure on the part of the employee to notify the board of hisacceptance within the specified time is conclusive evidence of the employeesrejection of the contract.

4. If the licensed employees are represented by arecognized employee organization and negotiation has been commenced pursuant toNRS 288.180, then the provisions ofsubsections 1, 2 and 3 do not apply except in the case of a demotion, dismissalor decision not to reemploy an employee. Before May 10 of each year, theemployees shall notify the board in writing, on forms provided by the board, oftheir acceptance of reemployment. Any agreement negotiated by the recognizedemployee organization and the board becomes a part of the contract ofemployment between the board and the employee. The board shall mail contracts,by certified mail with return receipts requested, to each employee to bereemployed at his last known address or shall deliver the contract in person toeach employee, obtaining a receipt therefor. Failure on the part of theemployee to notify the board of his acceptance within 10 days after receipt ofthe contract is conclusive evidence of the employees rejection of thecontract.

(Added to NRS by 1967, 971; A 1971, 10; 1973, 796;1979, 1611, 1836; 1985, 1087; 1987, 1010; 1989, 1428)

NRS 391.31965 Certainpostprobationary employees subsequently employed by another school district orcharter school not required to serve probationary period; exception. Except as otherwise provided in this section, if apostprobationary 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 leftthat employment, employed by any school district or charter school in thisstate in a position that is comparable to the position in which he attained hispostprobationary status,

he must beallowed to continue as a postprobationary employee and must not be required toserve the probationary period required by subsection 1 of NRS 391.3197. This section does not applyto a postprobationary employee who voluntarily leaves his employment during thependency of a proceeding for the suspension, demotion, dismissal or refusal toreemploy the postprobationary employee.

(Added to NRS by 1985, 1083; A 1989, 325; 2001, 1906, 3162)

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

1. A probationary employee is employed on a contractbasis for two 1-year periods and has no right to employment after either of thetwo probationary contract years.

2. The board shall notify each probationary employeein writing on or before May 1 of the first and second school years of hisprobationary period, as appropriate, whether he is to be reemployed for thesecond year of the probationary period or for the next school year as apostprobationary employee. The employee must advise the board in writing on orbefore May 10 of the first or second year of his probationary period, asappropriate, of his acceptance of reemployment. If a probationary employee isassigned to a school that operates all year, the board shall notify him inwriting, in both the first and second years of his probationary period, nolater than 45 days before his last day of work for the year under his contractwhether he is to be reemployed for the second year of the probationary periodor for the next school year as a postprobationary employee. He must advise theboard in writing within 10 days after the date of notification of hisacceptance or rejection of reemployment for another year. Failure to advise theboard of his acceptance of reemployment constitutes rejection of the contract.

3. A probationary employee who completes his 2-yearprobationary period and receives a notice of reemployment from the schooldistrict in the second year of his probationary period is entitled to be apostprobationary employee in the ensuing year of employment.

4. A probationary employee who receives anunsatisfactory evaluation may request a supplemental evaluation by anotheradministrator in the school district selected by him and the superintendent. Ifa school district has five or fewer administrators, the supplemental evaluatormay be an administrator from another school district in the State. If aprobationary employee has received during the first school year of hisprobationary period three evaluations which state that the employees overallperformance has been satisfactory, the superintendent of schools of the schooldistrict or his designee shall waive the second year of the employees probationaryperiod by expressly providing in writing on the final evaluation of the employeefor the first probationary year that the second year of his probationary periodis waived. Such an employee is entitled to be a postprobationary employee inthe ensuing year of employment.

5. If a probationary employee is notified that he willnot be reemployed for the second year of his probationary period or the ensuingschool 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 thereasons for that decision.

6. A new employee or a postprobationary teacher who isemployed as an administrator shall be deemed to be a probationary employee forthe purposes of this section and must serve a 2-year probationary period as anadministrator in accordance with the provisions of this section. If theadministrator does not receive an unsatisfactory evaluation during the firstyear of probation, the superintendent or his designee shall waive the secondyear of the administrators probationary period. Such an administrator is entitledto be a postprobationary employee in the ensuing year of employment. If:

(a) A postprobationary teacher who is an administratoris not reemployed as an administrator after either year of his probationaryperiod; and

(b) There is a position as a teacher available for theensuing school year in the school district in which the person is employed,

the board oftrustees of the school district shall, on or before May 1, offer the person acontract as a teacher for the ensuing school year. The person may accept thecontract in writing on or before May 10. If the person fails to accept thecontract as a teacher, the person shall be deemed to have rejected the offer ofa contract as a teacher.

7. An administrator who has completed his probationaryperiod pursuant to subsection 6 and is thereafter promoted to the position ofprincipal must serve an additional probationary period of 1 year in theposition of principal. If the administrator serving the additional probationaryperiod is not reemployed as a principal after the expiration of the additionalprobationary period, the board of trustees of the school district in which theperson is employed shall, on or before May 1, offer the person a contract forthe ensuing school year for the administrative position in which the personattained postprobationary status. The person may accept the contract in writingon or before May 10. If the person fails to accept such a contract, the personshall be deemed to have rejected the offer of employment.

8. Before dismissal, the probationary employee isentitled to a hearing before a hearing officer which affords due process as setout 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

NRS 391.320 Suspensionor revocation of teachers license by State Board. TheState Board of Education may suspend or revoke the license of any teacher forany cause specified by law.

[354:32:1956](NRS A 1979, 1612; 1987, 1011)

NRS 391.321 Mandatorysuspension of license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of license. [Expires by limitation on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. If the State Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a licenseissued pursuant to this chapter, the State Board shall deem the license issuedto that person to be suspended at the end of the 30th day after the date onwhich the court order was issued unless the State Board receives a letterissued to the holder of the license by the district attorney or other publicagency pursuant to NRS 425.550 statingthat the holder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The State Board shall reinstate a license issuedpursuant to this chapter that has been suspended by a district court pursuantto NRS 425.540 if the State Boardreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license was suspended stating that the person whose license was suspendedhas complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

(Added to NRS by 1997, 2049)

NRS 391.322 Noticeto licensee by State Board of Education of receipt of recommendation forsuspension or revocation of license; written request for hearing; selection ofhearing officer.

1. If the board of trustees of a school district orthe Superintendent of Public Instruction or his designee submits arecommendation to the State Board for the suspension or revocation of a licenseissued pursuant to this chapter, the State Board shall give written notice ofthe recommendation to the person to whom the license has been issued.

2. A notice given pursuant to subsection 1 mustcontain:

(a) A statement of the charge upon which therecommendation is based;

(b) A copy of the recommendation received by the StateBoard;

(c) A statement that the licensee is entitled to ahearing before a hearing officer if the licensee makes a written request forthe hearing as provided by subsection 3; and

(d) A statement that the grounds and procedure for thesuspension 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 pursuantto this section may request a hearing before a hearing officer selectedpursuant to subsection 4. Such a request must be in writing and must be filedwith the Superintendent of Public Instruction within 15 days after receipt ofthe notice by the licensee.

4. Upon receipt of a request filed pursuant tosubsection 3, the Superintendent of Public Instruction shall request from theHearings Division of the Department of Administration a list of potentialhearing officers. The licensee requesting a hearing and the Superintendent ofPublic Instruction shall select a person to serve as hearing officer from thelist provided by the Hearings Division of the Department of Administration byalternately striking one name until the name of only one hearing officerremains. The Superintendent of Public Instruction shall strike the first name.

5. If no request for a hearing is filed within thetime specified in subsection 3, the State Board may suspend or revoke thelicense or take no action on the recommendation.

(Added to NRS by 1993, 857; A 2005, 465)

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

1. Within 30 days after his selection as hearingofficer pursuant to NRS 391.322, ahearing officer shall conduct a hearing. Within 15 days after the conclusion ofthe hearing, the hearing officer shall prepare and file with the Superintendentof Public Instruction a report containing:

(a) A recommendation as to whether the license of thelicensee should be suspended or revoked; and

(b) Findings of fact and conclusions of law whichsupport the recommendation.

2. The State Board may accept or reject therecommendation or refer the report back to the hearing officer for furtherevidence and recommendation, and shall notify the teacher, administrator orother licensed employee in writing of its decision. The decision of the StateBoard is a final decision in a contested case.

(Added to NRS by 1993, 858)

NRS 391.330 Grounds for suspension or revocationof license. The State Board may suspend orrevoke 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 orunprofessional conduct.

2. Evidentunfitness for service.

3. Physical ormental incapacity which renders the teacher, administrator or other licensedemployee unfit for service.

4. Convictionof a felony or crime involving moral turpitude.

5. Convictionof a sex offense under NRS 200.366, 200.368, 201.190,201.220, 201.230, 201.540or 201.560 in which a pupil enrolled ina school of a county school district was the victim.

6. Knowinglyadvocating the overthrow of the Federal Government or of the State of Nevada byforce, violence or unlawful means.

7. Persistentdefiance of or refusal to obey the regulations of the State Board, theCommission or the Superintendent of Public Instruction, defining and governingthe duties of teachers, administrators and other licensed employees.

8. Breaches inthe security or confidentiality of the questions and answers of the achievementand proficiency examinations that are administered pursuant to NRS 389.015.

9. Intentional failure to observe and carry out therequirements of a plan to ensure the security of examinations adopted pursuantto 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)

NRS 391.340 Revocationor forfeiture for falsely reporting pupils attendance. Any teacher, principal or superintendent who knowinglyreports, causes to be reported, or permits the report of the presence of anypupil 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 berestored or a new one granted within 1 year after the forfeiture or revocation.

[356:32:1956](NRS A 1987, 1011)

NRS 391.350 Suspensionor revocation of license for employees failure to fulfill employment obligationsor breach of contract; suspension or revocation of administrators license forwrongfully securing employees acceptance of employment; notice to otheragencies of revocation.

1. Any teacher or other licensed employee employed byany board for a specified time who willfully refuses or fails to fulfill hisemployment obligations after he has notified the board of his acceptance ofemployment under subsection 3 of NRS391.3196 or subsection 2 of NRS391.3197 or to comply with the provisions of his contract after it has beensigned without first obtaining the written consent of the board may be foundguilty of unprofessional conduct. The board shall not unreasonably withhold itsconsent. Any administrator who willfully secures the signature on a statementof intent to accept employment of any teacher or other licensed employee whohas notified the board of another school district in this state of his acceptanceof employment is guilty of unprofessional conduct, unless the employee hasfirst obtained the written consent of the board to which he has given notice ofacceptance. If the failure or refusal to comply with the provisions of thecontract is the result of having subsequently executed an employment contractwith another board in this state without the written consent of the board firstemploying him, the second contract is void.

2. Upon receiving a formal complaint from the board,substantiated by conclusive evidence of a teachers failure or refusal undersubsection 1 or that an administrator has willfully secured such a signature,the State Board may suspend or revoke the license of the teacher oradministrator after notice and opportunity for a hearing have been providedpursuant to NRS 391.322 and 391.323.

3. The Superintendent of Public Instruction shallnotify state agencies for education in other states of any revocation pursuantto this section.

[357:32:1956](NRS A 1959, 807; 1967, 967; 1975, 539;1979, 1612; 1985, 1089; 1987, 1012; 1993, 858)

NRS 391.355 Procedurefor conduct of hearings.

1. The State Board shall adopt rules of procedure forthe conduct of hearings conducted pursuant to NRS391.323.

2. The rules of procedure must provide for boards oftrustees of school districts or the Superintendent of Public Instruction or hisdesignee to bring charges, when cause exists.

3. A hearing officer selected pursuant to NRS 391.322 shall, upon the request of aparty, issue subpoenas to compel the attendance of witnesses and the productionof books, records, documents or other pertinent information to be used asevidence in hearings conducted pursuant to NRS391.323.

(Added to NRS by 1965, 542; A 1975, 539; 1979, 1612,1837; 1981, 512; 1987, 1012; 1993, 859)

NRS 391.361 Chargesnot to become part of employees permanent record if State Board of Educationdetermines evidence insufficient. If chargesare brought against a teacher, administrator or other educational personnel forthe suspension or revocation of his license and the State Board of Educationdetermines 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 thatpersons permanent employment record.

(Added to NRS by 1987, 997)

BENEFITS AND ANNUITIES

NRS 391.375 Planof school district for extension of benefits of social security to substituteteachers; approval by state agency. Everyschool district in the State shall submit, for approval by the state agency, asthat term is defined in NRS 287.130, itsplan for extending the benefits of Title II of the Social Security Act tolicensed public school teachers in the position of substitute teachers,immediately upon receiving a request for such coverage pursuant to theprovisions of NRS 287.190.

(Added to NRS by 1971, 19; A 1987, 1013)

NRS 391.380 Annuitiesor shares for employees: Purchase; conditions.

1. The board of trustees of any school district inthis state may purchase an annuity or shares for any teacher, principal,superintendent of schools or other employee of that district under a plan whichmeets the requirements 26 U.S.C. 403(b).

2. That purchase must be made only upon the writtenrequest of the employee and upon an agreement in writing that:

(a) The payments made constitute an allocable part ofhis total compensation, as that term is defined in NRS 286.025;

(b) The annuity or shares so purchased are the propertyof that employee and all rights thereunder are nontransferable andnonforfeitable except for a failure to make required payments; and

(c) The board of trustees has no liability under anysuch arrangement.

3. All requests under this section must be receivedand acted upon without discrimination so long as the employee is within theclass of persons entitled by law to enjoy the benefits of the provisions of 26U.S.C. 403(b).

4. The shares purchased must be those of a regulatedinvestment 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 DEVELOPMENTOF TEACHERS AND ADMINISTRATORS; NEVADA EARLY LITERACY INTERVENTION PROGRAMS

NRS 391.500 Definitions. As used in NRS 391.500to 391.556, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 391.504 and 391.508 have the meanings ascribed to themin those sections.

(Added to NRS by 2001 Special Session,176; A 2003, 914)

NRS 391.504 Regionaltraining program defined. Regional trainingprogram means a regional training program for the professional development ofteachers and administrators created pursuant to NRS 391.512.

(Added to NRS by 2001 Special Session,176)

NRS 391.508 StatewideCouncil defined. Statewide Council meansthe Statewide Council for the Coordination of the Regional Training Programscreated by NRS 391.516.

(Added to NRS by 2001 Special Session,176)

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

1. There are hereby created the Southern NevadaRegional Training Program, the Western Nevada Regional Training Program, theNortheastern Nevada Regional Training Program and the Northwestern NevadaRegional Training Program. The governing body of each regional training programshall establish and operate a:

(a) Regional training program for the professionaldevelopment of teachers and administrators.

(b) Nevada Early Literacy Intervention Program throughthe regional training program established pursuant to paragraph (a).

2. Except as otherwise provided in subsection 6, theSouthern Nevada Regional Training Program must primarily provide services toteachers 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, theWestern Nevada Regional Training Program must primarily provide services toteachers 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, theNortheastern Nevada Regional Training Program must primarily provide servicesto 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, theNorthwestern Nevada Regional Training Program must primarily provide servicesto 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, whenpracticable, make reasonable accommodations for the attendance of teachers andadministrators who are employed by school districts outside the primaryjurisdiction of the regional training program.

7. The board of trustees of the:

(a) Clark County School District shall serve as thefiscal agent for the Southern Nevada Regional Training Program.

(b) Douglas County School District shall serve as thefiscal agent for the Western Nevada Regional Training Program.

(c) Elko County School District shall serve as thefiscal agent for the Northeastern Nevada Regional Training Program.

(d) Washoe County School District shall serve as thefiscal agent for the Northwestern Nevada Regional Training Program.

As fiscalagent, each school district is responsible for the payment, collection andholding of all money received from this State for the maintenance and supportof the regional training program and Nevada Early Intervention Programestablished and operated by the applicable governing body.

(Added to NRS by 2001 Special Session,176; A 2003, 2795;2005, 1341)

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

1. The Statewide Council for the Coordination of theRegional Training Programs, consisting of nine members, is hereby created. Themembership of the Council consists of:

(a) Each coordinator hired by the governing body ofeach regional training program pursuant to NRS391.532.

(b) One member of the governing body of each regionaltraining program, appointed by the governing body. The member appointedpursuant to this paragraph may appoint a designee to serve in his place.

(c) One representative of the Nevada State EducationAssociation, appointed by the President of that Association.

2. Each coordinator who serves on the StatewideCouncil is a member of the Statewide Council only for the period of his serviceas coordinator of the regional training program pursuant to NRS 391.532.

3. Each member appointed by the governing bodypursuant to paragraph (b) of subsection 1 and the member appointed pursuant toparagraph (c) of subsection 1 serve a term of 2 years.

4. Members of the Statewide Council serve withoutsalary, but are entitled to receive the per diem allowance and travel expensesprovided for state officers and employees generally for each day or portion ofa day during which a member attends a meeting of the Statewide Council or isotherwise engaged in the work of the Statewide Council. For the members of theStatewide Council who are appointed pursuant to paragraphs (a) and (b) ofsubsection 1, the governing body of the regional training program representedby those members shall pay the per diem allowance and travel expenses. For themember of the Statewide Council who is appointed pursuant to paragraph (c) ofsubsection 1, the Nevada State Education Association shall pay the per diemallowance and travel expenses.

5. The governing bodies of the regional trainingprograms may mutually agree to expend a portion of their respective budgets topay for the administrative support of the Statewide Council.

(Added to NRS by 2001 Special Session,177; A 2003, 2796;2005, 1657)

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

1. The Statewide Council shall meet not less than fourtimes per year.

2. The Statewide Council shall:

(a) Adopt uniform standards for use by the governingbody of each regional training program in the review and approval by thegoverning body of the training to be provided by the regional training programpursuant to NRS 391.540 and 391.544. The standards must ensure that thetraining provided by the regional training programs includes activities setforth 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 programsspecified in subsection 1 of NRS 391.544.

(b) Coordinate the dissemination of information toschool districts, administrators and teachers concerning the training, programsand services provided by the regional training programs.

(c) Disseminate information to the regional trainingprograms concerning innovative and effective methods to provide professionaldevelopment.

(d) Conduct long-range planning concerning theprofessional development needs of teachers and administrators employed in thisstate.

(e) Adopt uniform procedures for use by the governingbody of each regional training program to report the evaluation conductedpursuant to NRS 391.552.

3. TheStatewide Council may:

(a) Acceptgifts and grants from any source for use by the Statewide Council in carryingout its duties pursuant to this section and accept gifts and grants from anysource on behalf of one or more regional training programs to assist with thetraining provided pursuant to NRS 391.544;and

(b) Comply with applicable federal laws and regulationsgoverning the provision of federal grants to assist the Statewide Council incarrying out its duties pursuant to this section and comply with applicablefederal laws and regulations governing the provision of federal grants toassist with the training provided pursuant to NRS391.544, including, without limitation, providing money from the budget ofthe Statewide Council to match the money received from a federal grant.

(Added to NRS by 2001 Special Session,177; A 2003, 2797;2003, 19thSpecial Session, 75)

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

1. Each regional training program must have agoverning body consisting of:

(a) The superintendent of schools, or his designee, foreach school district that is included within the primary jurisdiction of theregional training program. The superintendent of schools serves ex officio.

(b) Teachers who are considered masters, appointed bythe superintendents of schools of the school districts that are included withinthe primary jurisdiction of the regional training program and therepresentatives of higher education appointed to the governing body. Eachteacher who wishes to be considered for appointment to the governing body mustsubmit an application explaining his qualifications as a master teacher. Atleast one teacher must be appointed from each school district within theprimary jurisdiction of the regional training program.

(c) Representatives of the Nevada System of HigherEducation, appointed by the Board of Regents, and representatives of otherinstitutions of higher education, as determined by the superintendents ofschool districts included within the primary jurisdiction of the regional trainingprogram.

(d) A nonvoting member who is an employee of theDepartment.

2. After the appointments are made, the governing bodyshall select a chairman from among its membership.

3. Each member of the governing body shall serve aterm of 2 years. A person must not be appointed to serve more than threeconsecutive terms.

4. A vacancy in the governing body must be filled inthe same manner as the original appointment.

(Added to NRS by 2001 Special Session,178)

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

1. Each governing body shall meet not less than twotimes per year and at the call of the chairman.

2. Members of the governing body serve without salaryor compensation for their travel or per diem expenses.

(Added to NRS by 2001 Special Session,178)

NRS 391.532 Governingbody of regional training program: Employment and salary of coordinator; dutiesof coordinator.

1. The governing body of each regional trainingprogram shall:

(a) Employ or otherwise contract with a coordinator ofthe program, who serves at the pleasure of the governing body.

(b) Set the salary or other compensation of thecoordinator.

2. The coordinator of each regional training programshall:

(a) Serve on the Statewide Council;

(b) Assist in the evaluation of the regional trainingprogram, as directed by the governing body; and

(c) Perform such other duties as directed by thegoverning body.

(Added to NRS by 2001 Special Session,178; A 2005, 1658)

NRS 391.536 Governingbody of regional training program: Annual review of budget; submission ofproposed budget to Legislative Committee on Education; acceptance of gifts andgrants authorized.

1. On an annual basis, the governing body of eachregional training program shall review the budget for the program and submit aproposed budget to the Legislative Committee on Education. The proposed budgetmust include, without limitation, the amount of money requested by thegoverning body to pay for the salary or other compensation of the coordinatorof the program hired pursuant to NRS 391.532.In even-numbered years, the proposed budget must be submitted to theLegislative Committee on Education at least 4 months before the commencement ofthe next regular session of the Legislature.

2. The governing body of a regional training programmay:

(a) Accept gifts and grants from any source to assistthe governing body in providing the training required by NRS 391.544.

(b) Comply with applicable federal laws and regulationsgoverning the provision of federal grants to assist with the training providedpursuant to NRS 391.544, including,without limitation, providing money from the budget of the governing body tomatch the money received from a federal grant.

(Added to NRS by 2001 Special Session,178; A 2003, 2798;2003, 19thSpecial Session, 76; 2005, 1658)

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

1. The governing body of each regional trainingprogram shall:

(a) Adopt a training model, taking into considerationother model programs, including, without limitation, the program used by theGeographic Alliance in Nevada.

(b) Assess the training needs of teachers andadministrators who are employed by the school districts within the primaryjurisdiction of the regional training program and adopt priorities of trainingfor the program based upon the assessment of needs. The board of trustees ofeach such school district may submit recommendations to the appropriate governingbody for the types of training that should be offered by the regional trainingprogram.

(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 withinthe primary jurisdiction of the regional training program and, as deemednecessary by the governing body, review the plans to improve the achievement ofpupils prepared pursuant to NRS 385.357for individual schools within the primary jurisdiction of the regional trainingprogram.

(d) Prepare a 5-year plan for the regional trainingprogram, which includes, without limitation:

(1) An assessment of the training needs ofteachers and administrators who are employed by the school districts within theprimary jurisdiction of the regional training program; and

(2) Specific details of the training that willbe offered by the regional training program for the first 2 years covered bythe plan.

(e) Review the 5-year plan on an annual basis and makerevisions to the plan as are necessary to serve the training needs of teachersand administrators employed by the school districts within the primaryjurisdiction of the regional training program.

2. The Department, the Nevada System of HigherEducation and the board of trustees of a school district may request thegoverning body of the regional training program that serves the school districtto provide training, participate in a program or otherwise perform a servicethat is in addition to the duties of the regional training program that are setforth in the plan adopted pursuant to this section or otherwise required bystatute. An entity may not represent that a regional training program willperform certain duties or otherwise obligate the regional training program aspart of an application by that entity for a grant unless the entity has firstobtained the written confirmation of the governing body of the regionaltraining program to perform those duties or obligations. The governing body ofa regional training program may, but is not required to, grant a requestpursuant to this subsection.

(Added to NRS by 2001 Special Session,179; A 2003,19th Special Session, 76; 2005, 713, 1658)

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

1. Based upon the assessment of needs for trainingwithin the region and priorities of training adopted by the governing bodypursuant to NRS 391.540, each regionaltraining program must provide:

(a) Training for teachers in the standards establishedby the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

(b) Through the Nevada Early Literacy InterventionProgram established for the regional training program, training for teacherswho teach kindergarten and grades 1, 2 or 3 on methods to teach fundamentalreading 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 schooladministrators in the assessment and measurement of pupil achievement and theeffective methods to analyze the test results and scores of pupils to improvethe achievement and proficiency of pupils.

(2) Training for teachers in specific contentareas to enable the teachers to provide a higher level of instruction in theirrespective fields of teaching. Such training must include instruction ineffective methods to teach in a content area provided by teachers who areconsidered masters in that content area.

(3) In addition to the training providedpursuant to paragraph (b) of subsection 1, training for teachers in the methodsto teach basic skills to pupils, such as providing instruction in reading withthe use of phonics and providing instruction in basic skills of mathematicscomputation.

2. The training required pursuant to subsection 1must:

(a) Include the activities set forth in 20 U.S.C. 7801(34), as deemed appropriate by the governing body for the type of trainingoffered.

(b) Include appropriate procedures to ensure follow-uptraining for teachers and administrators who have received training through theprogram.

(c) Incorporate training that addresses the educationalneeds of:

(1) Pupils with disabilities who participate inprograms of special education; and

(2) Pupils who are limited English proficient.

3. The governing body of each regional trainingprogram shall prepare and maintain a list that identifies programs for theprofessional development of teachers and administrators that successfullyincorporate:

(a) The standards of content and performanceestablished by the Council to Establish Academic Standards for Public Schoolspursuant to NRS 389.520;

(b) Fundamental reading skills; and

(c) Other training listed in subsection 1.

Thegoverning body shall provide a copy of the list on an annual basis to schooldistricts for dissemination to teachers and administrators.

4. A regional training program may include modelclassrooms that demonstrate the use of educational technology for teaching andlearning.

5. A regional training program may contract with theboard of trustees of a school district that is served by the regional trainingprogram as set forth in NRS 391.512 toprovide professional development to the teachers and administrators employed bythe school district that is in addition to the training required by this section.Any training provided pursuant to this subsection must include the activitiesset forth in 20 U.S.C. 7801(34), as deemed appropriate by the governing bodyfor the type of training offered.

6. To the extent money is available from legislativeappropriation or otherwise, a regional training program may provide training toparaprofessionals.

(Added to NRS by 2001 Special Session,179; A 2003, 2798;2003, 19thSpecial Session, 77)

NRS 391.545 Governingbody authorized to facilitate and coordinate access to information related tosuicide; receipt of information by teachers and administrators does not createadditional duty.

1. The governing body of a regional training programmay facilitate and coordinate access to information by teachers andadministrators concerning issues related to suicide among pupils. Suchinformation must be offered for educational purposes only.

2. Receipt of or access to information pursuant tosubsection 1 does not create a duty for any person in addition to those dutiesotherwise required in the course of his employment.

(Added to NRS by 2003, 913)

NRS 391.548 Paymentof certain costs and expenses by regional training program.

1. To the extent that money is available fromlegislative appropriation or otherwise, a regional training program must pay:

(a) The salaries and travel expenses of staff and otherpersonnel necessary to the operation of the program;

(b) Related administrative expenses; and

(c) The costs incurred to acquire equipment and spaceto operate the program.

2. To the extent that money is available fromlegislative appropriation or otherwise, a regional training program may provideincentives for teachers to attend the regional training program, including,without limitation:

(a) Arrangement for credit toward renewal of a licenseor an endorsement for a license;

(b) Provision of books, supplies or instructionalmaterials for the classrooms; and

(c) Provision of stipends.

(Added to NRS by 2001 Special Session,180)

NRS 391.552 Evaluationof regional training program by governing body; submission of annual report. The governing body of each regional training programshall:

1. Establish a method for the evaluation of thesuccess of the regional training program, including, without limitation, theNevada Early Literacy Intervention Program. The method must be consistent withthe uniform procedures adopted by the Statewide Council pursuant to NRS 391.520.

2. On or before September 1 of each year, submit anannual report to the State Board, the Commission, the Legislative Committee onEducation and the Legislative Bureau of Educational Accountability and ProgramEvaluation that includes:

(a) The priorities for training adopted by thegoverning body pursuant to NRS 391.540.

(b) The type of training offered through the program inthe immediately preceding year.

(c) The number of teachers and administrators whoreceived training through the program in the immediately preceding year.

(d) The number of paraprofessionals, if any, whoreceived 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 giftsand grants, if any, received by the Statewide Council during the immediately precedingyear on behalf of the regional training program. The description must includethe manner in which the gifts and grants were expended.

(g) The 5-year plan for the program prepared pursuantto NRS 391.540 and any revisions to theplan made by the governing body in the immediately preceding year.

(Added to NRS by 2001 Special Session,180; A 2003, 2799;2003, 19thSpecial Session, 78; 2005, 1342)

NRS 391.556 Submissionof annual report by board of trustees. Theboard of trustees of each school district shall submit an annual report to theState Board, the Commission, the Legislative Committee on Education and theLegislative Bureau of Educational Accountability and Program Evaluation thatincludes for the immediately preceding year:

1. The number of teachers and administrators employedby the school district who received training through the program; and

2. An evaluation of whether that training included thestandards of content and performance established by the Council to EstablishAcademic Standards for Public Schools pursuant To NRS 389.520.

(Added to NRS by 2001 Special Session,180)

PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTINGADMINISTRATION AND SECURITY

NRS 391.600 Definitions. As used in NRS 391.600to 391.648, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 391.604 to 391.620, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1209)

NRS 391.604 Examinationdefined. Examination means:

1. Achievement and proficiency examinations that areadministered to pupils pursuant to NRS389.015 or 389.550; and

2. Any other examinations which measure theachievement and proficiency of pupils and which are administered to pupils on adistrict-wide basis.

(Added to NRS by 2001, 1209)

NRS 391.608 Irregularityin testing administration defined. Irregularityin testing administration means the failure to administer an examination inthe manner intended by the person or entity that created the examination.

(Added to NRS by 2001, 1209)

NRS 391.612 Irregularityin testing security defined. Irregularity intesting security means an act or omission that tends to corrupt or impair thesecurity of an examination, including, without limitation:

1. The failure to comply with security proceduresadopted pursuant to NRS 389.616 or 389.620;

2. The disclosure of questions or answers to questionson an examination in a manner not otherwise approved by law; and

3. Other breaches in the security or confidentialityof the questions or answers to questions on an examination.

(Added to NRS by 2001, 1209)

NRS 391.616 Reprisalor retaliatory action defined. Reprisal or retaliatoryaction includes, without limitation:

1. Frequent or undesirable changes in the location ofan office;

2. Frequent or undesirable transfers or reassignments;

3. The issuance of letters of reprimand, letters ofadmonition 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,

if such actionis taken, in whole or in part, because the school official disclosedinformation concerning irregularities in testing administration or testingsecurity.

(Added to NRS by 2001, 1209)

NRS 391.620 Schoolofficial defined. School official means:

1. A member of a board of trustees of a schooldistrict;

2. A member of a governing body of a charter school;or

3. A licensed or unlicensed person employed by the boardof trustees of a school district or the governing body of a charter school.

(Added to NRS by 2001, 1209)

NRS 391.624 Declarationof policy concerning disclosure of irregularities in testing administration andsecurity. It is hereby declared to be thepolicy of this state that a school official is encouraged to disclose, to theextent not expressly prohibited by law, irregularities in testingadministration and testing security, and it is the intent of the Legislature toprotect the rights of a school official who makes such a disclosure.

(Added to NRS by 2001, 1209)

NRS 391.628 Schoolofficial prohibited from using authority or influence to prevent disclosure ofinformation.

1. A school official shall not directly or indirectlyuse 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 interferewith or prevent the disclosure of information concerning irregularities intesting administration or testing security.

2. As used in this section, official authority orinfluence includes taking, directing others to take, recommending, processingor approving any personnel action such as an appointment, promotion, transfer,assignment, reassignment, reinstatement, restoration, reemployment, evaluationor other disciplinary action.

(Added to NRS by 2001, 1210)

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

1. If any reprisal or retaliatory action is takenagainst a school official who discloses information concerning irregularitiesin testing administration or testing security within 2 years after theinformation is disclosed, the school official may file a written appeal withthe State Board for a hearing on the matter and determination of whether theaction taken was a reprisal or retaliatory action. The written appeal must beaccompanied by a statement that sets forth with particularity:

(a) The facts and circumstances pursuant to which thedisclosure of information concerning irregularities in testing administrationor testing security was made; and

(b) The reprisal or retaliatory action that is allegedto have been taken against the school official.

The hearingmust be conducted in accordance with the rules of procedure adopted by theState Board pursuant to subsection 4.

2. If the State Board determines that the action takenwas a reprisal or retaliatory action, it may issue an order directing theproper person to desist and refrain from engaging in such action.

3. The State Board may not rule against the schoolofficial based on the identity of the person or persons to whom the informationconcerning irregularities in testing administration or testing security wasdisclosed.

4. The State Board shall adopt rules of procedure forconducting a hearing pursuant to this section.

(Added to NRS by 2001, 1210)

NRS 391.636 StateBoard authorized to issue subpoenas during investigation or hearing concerningreprisal or retaliatory action; enforcement of subpoena by court.

1. During any stage of an investigation or hearingconcerning allegations of reprisal or retaliatory action, the State Board mayissue a subpoena to compel the attendance or testimony of a witness or theproduction of any relevant materials, including, but not limited to, books,papers, documents, records, photographs, recordings, reports and tangibleobjects.

2. If a witness refuses to attend, testify or producematerials as required by the subpoena, the State Board may report to thedistrict court by petition, setting forth that:

(a) Due notice has been given of the time and place ofattendance or testimony of the witness or the production of materials;

(b) The witness has been subpoenaed by the State Boardpursuant to this section; and

(c) The witness has failed or refused to attend,testify or produce materials as required by the subpoena before the StateBoard, or has refused to answer questions propounded to him,

and askingfor an order of the court compelling the witness to attend, testify or producematerials before the State Board.

3. Upon receipt of such a petition, the court shallenter an order directing the witness to appear before the court at a time andplace to be fixed by the court in its order, the time to be not more than 10days after the date of the order, and then and there show cause why he has notattended, testified or produced materials before the State Board. A certifiedcopy of the order must be served upon the witness.

4. If it appears to the court that the subpoena wasregularly issued by the State Board, the court shall enter an order that thewitness appear before the State Board at a time and place fixed in the orderand testify or produce materials, and that upon failure to obey the order the witnessmust be dealt with as for contempt of court.

(Added to NRS by 2001, 1210)

NRS 391.640 Useof provisions for harassment prohibited; penalty for willful disclosure ofuntruthful information.

1. No school official may use the provisions of NRS 391.600 to 391.648, inclusive, to harass anotherschool official.

2. A person who willfully discloses untruthfulinformation concerning irregularities in testing administration or testingsecurity:

(a) Is guilty of a misdemeanor; and

(b) Is subject to appropriate disciplinary action.

(Added to NRS by 2001, 1211)

NRS 391.644 Departmentrequired to provide written summary of provisions to school districts andcharter schools; distribution of written summary to school officials. Each year, the Department shall provide to the board oftrustees of each school district and to the governing body of each charterschool a written summary of NRS 391.600to 391.648, inclusive. Upon receipt ofthe written summary, the board of trustees or governing body, as appropriate,shall provide a copy of the written summary to all other school officials withinthe school district or charter school.

(Added to NRS by 2001, 1211)

NRS 391.648 Provisionsdo not abrogate or decrease effect of crimes or punishments. Except as otherwise provided in NRS 391.640, the provisions of NRS 391.600 to 391.648, inclusive, are intended to bedirectory and preventive rather than punitive. The provisions of NRS 391.600 to 391.648, inclusive, do not abrogate ordecrease the effect of any of the provisions of NRS that define crimes orprescribe punishments with respect to the conduct of school officials.

(Added to NRS by 2001, 1211)

 

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