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2020 Nevada Revised Statutes
Chapter 391 - Personnel
GENERAL PROVISIONS
Employment
General Provisions
- NRS 391.002 - Definitions.
- NRS 391.005 - "Commission" defined.
- NRS 391.008 - "Paraprofessional" defined.
- NRS 391.0085 - "Statewide Central Registry" defined.
- NRS 391.0088 - "Veteran" defined.
- NRS 391.009 - Superintendent of Public Instruction required to ensure Commission carries out duties successfully.
- NRS 391.011 - Creation; membership.
- NRS 391.013 - Limitation on terms of certain members.
- NRS 391.015 - Officers.
- NRS 391.017 - Meetings; quorum; travel expenses and subsistence allowances; payment of certain costs by school district or charter school.
- NRS 391.019 - Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes.
- NRS 391.021 - Regulations governing examinations for initial licensure; exemption for teachers and educational personnel who obtain reciprocal license.
- NRS 391.023 - Regulations for relief from other regulations and for resolution of medical or administrative conflicts.
- NRS 391.027 - Approval or disapproval of Commission’s regulations by State Board of Education.
- NRS 391.028 - Annual report concerning status of Commission’s regulations and work plan.
- NRS 391.029 - Provision of personnel; location of offices.
- NRS 391.031 - Kinds of licenses.
- NRS 391.0315 - Issuance of additional license to teach outside grade level of experience; application; qualifications; exemption from student teaching under certain circumstances.
- NRS 391.032 - Provisional licenses; reciprocal licensure of educational personnel from other states; licensure of member or veteran of Armed Forces or spouse of member or veteran.
- NRS 391.033 - Issuance of licenses; fingerprinting and investigation into the background of applicants; provisional licensure authorized; denial of license; transfer and use of investigative information; immunity from liability; reciprocal agreements. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
- NRS 391.033 - Issuance of licenses; fingerprinting and investigation into the background of applicants; provisional licensure authorized; denial of license; transfer and use of investigative information; immunity from liability; reciprocal agreements. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
- NRS 391.034 - Additional requirements for issuance and renewal of license: Statement regarding obligation of child support; grounds for denial of license; duty of Superintendent of Public Instruction. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
- NRS 391.0345 - Additional requirements for renewal of license: Information regarding whether applicant has state business license; grounds for nonrenewal.
- NRS 391.0347 - Additional requirements for renewal of license of certain teachers: Proof of completion of course in multicultural education; regulations.
- NRS 391.035 - Confidentiality of application; exceptions; authorization for Department to require background investigation of certain employees.
- NRS 391.036 - Regulations of Commission providing for expedited licensure of spouse of member of Armed Forces on active duty.
- NRS 391.0365 - Prohibition on denial of licensure based on immigration or citizenship status; provision of personally identifying number required; confidentiality.
- NRS 391.037 - Regulations by Commission for approval of training offered by educational institutions to qualify person to be a teacher or administrator; satisfactory completion of course of study required of applicants for licensure; exception.
- NRS 391.038 - Review, evaluation and approval of course of study and training required for licensure of educational personnel; fee for review; hearing and judicial review of adverse action by Commission.
- NRS 391.039 - Annual evaluation by State Board concerning courses of study and training approved by Commission for licensure as teacher or administrator; posting of evaluation on Department’s website.
- NRS 391.040 - Fees for issuance and renewal of licenses; fee for duplicate license; waiver of fees for certain persons affiliated with Armed Forces.
- NRS 391.042 - Department required to maintain directory of licensed educational personnel, provide school districts with electronic list of licenses that will expire and notify licensee of date of expiration.
- NRS 391.051 - License is revocable privilege.
- NRS 391.053 - "Arrest" defined.
- NRS 391.055 - Adoption of regulations to establish procedure for notification, tracking and monitoring the status of criminal cases; maintenance of file on licensee.
- NRS 391.056 - Adoption of policy by board of trustees requiring licensed employees to report arrests for or convictions of a crime; contents of policy.
- NRS 391.057 - Timely submission of information by school district or charter school.
- NRS 391.059 - Immunity from liability for certain persons involved in making report, conducting investigation or submitting information concerning arrest.
- NRS 391.060 - Authorization for school district or charter school to employ licensee who has legal right to work in United States; warrant; penalty.
- NRS 391.070 - Employment of alien teacher through program of exchange permitted.
- NRS 391.080 - Official oath for licensed employees; exception; persons authorized to administer oath.
- NRS 391.091 - Licensed teachers to complete training in certain state laws and provisions of Nevada’s Constitution; establishment of contents of training and standards of proficiency.
- NRS 391.092 - Certification in cardiopulmonary resuscitation: Establishment and submission of plan for training; requirements of plan; certain educational personnel required to establish and maintain certification; agreement to provide training.
- NRS 391.094 - State Board required to prescribe examination for certain paraprofessionals.
- NRS 391.095 - Student teachers: Agreement between school district and Nevada System of Higher Education or accredited postsecondary educational institution for assignment; instruction and supervision of pupils.
- NRS 391.096 - Student teachers: Employment as substitute teachers; compensation; supervision by licensed teacher.
- NRS 391.0965 - Review of person’s qualifications for license to teach or perform other educational functions; Department authorized to assess fee for such review.
- NRS 391.097 - Parent or guardian may request information regarding professional qualifications of licensed employees; annual notice of right to request information.
- NRS 391.098 - Notice to parent or guardian of pupil in Title I school if teacher is not licensed to teach or does not hold endorsement to teach in certain subject area.
Employment
- NRS 391.100 - Employment of personnel by trustees; certain paraprofessionals required to possess qualifications prescribed by State Board. [Parts of this section were replaced in revision in 2015 by NRS 391.102, 391.104 and 391.281.]
- NRS 391.102 - Transfer of teacher or administrator evaluated as developing or ineffective to another school; development of plan to address such assignments when principal of school does not consent; submission of plan to State Board.
- NRS 391.1025 - Definitions.
- NRS 391.103 - "Unsupervised contact" defined.
- NRS 391.1035 - "Volunteer" defined.
- NRS 391.104 - Fingerprinting and investigation into the background of certain applicants for employment, employees and volunteers; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; use of certain information; acceptance of gifts, grants and donations; immunity from liability.
- NRS 391.105 - Conditions under which volunteer not required to submit fingerprints.
- NRS 391.106 - List of approved entities for which volunteer of entity is authorized to be volunteer for school without investigation into criminal background.
- NRS 391.110 - Superintendent of schools: Employment; qualifications; term; dismissal; administration of oaths.
- NRS 391.115 - Consideration of military education, training or occupational experience.
- NRS 391.120 - Written contract of employment for licensed personnel; limitations on employment; suspension or termination for failure to maintain valid license; exception; submission of employment information to Department; confidentiality of employment information.
- NRS 391.125 - Request by board of trustees to employ teachers who do not hold appropriate endorsement if shortage exists; limitations; duty of Commission and State Board if request granted.
- NRS 391.145 - Involuntary transfer or reassignment of unlicensed employees.
- NRS 391.155 - School districts required to submit biannual report to Interim Finance Committee concerning employment of consultants.
- NRS 391.160 - Determination of salaries: Standards for determining. [Parts of this section were replaced in revision in 2015 by NRS 391.161, 391.162, 391.163, 391.167 and 391.169.]
- NRS 391.161 - Determination of salaries: Increased salary for certain teachers who are certified by the National Board for Professional Teaching Standards.
- NRS 391.162 - Determination of salaries: Increased salary for certain speech-language pathologists.
- NRS 391.163 - Determination of salaries: Increased salary for certain professional school library media specialists with additional certification.
- NRS 391.167 - Determination of salaries: Credit for previous teaching service.
- NRS 391.169 - Determination of salaries: Credit for previous administrative service.
- NRS 391.170 - Conditions for receipt of public money as compensation by certain teachers and other employees; exception for charter schools.
- NRS 391.172 - Reservation of money for negotiated salary increase; money does not revert and must not be subtracted from operating expenses.
- NRS 391.175 - Payment of salaries of certain teachers and other employees from apportionment of public money; deductions from salary.
- NRS 391.180 - Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school.
- NRS 391.200 - Salaries of teachers are prior claims on school district fund.
- NRS 391.2055 - Legislative declaration.
- NRS 391.2056 - Establishment of Code; training on Code to teachers, administrators and others; posting of Code on Internet website.
- NRS 391.2057 - Nevada Educator Code of Ethics Advisory Group: Creation; membership; vacancies; Chair; meetings; members serve without compensation; leave for members who are public employees; payment of certain costs by school district or charter school.
- NRS 391.2058 - Nevada Educator Code of Ethics Advisory Group: Duties.
- NRS 391.2059 - Nevada Educator Code of Ethics Advisory Group: Report.
- NRS 391.210 - Exercise of trustees’ authority in school by certain personnel.
- NRS 391.230 - Filing of licenses with superintendent of school district; exception for unlicensed teachers of charter school.
- NRS 391.235 - Board of trustees authorized to adopt policy to engage district-level administrators in classroom.
- NRS 391.240 - Teachers: Keeping register of pupils.
- NRS 391.260 - Teachers: Enforcement of courses of study, textbooks and regulations; exception for charter schools.
- NRS 391.270 - Teachers: Holding pupils to account for conduct.
- NRS 391.271 - School district to provide for legal defense of employee charged with certain crimes committed within scope of employment; exceptions.
- NRS 391.273 - Supervision of unlicensed personnel; exemptions; reduction of basic support allocation for failure to comply; exception for certain unlicensed personnel of charter school; record of exempt personnel. [Effective through June 30, 2021.]
- NRS 391.273 - Supervision of unlicensed personnel; exemptions; reduction of adjusted base per pupil funding for failure to comply; exception for certain unlicensed personnel of charter school; record of exempt personnel. [Effective July 1, 2021.]
- NRS 391.274 - Policy prescribing duties, roles and responsibilities of school counselors; limitation on time school counselors required to assist with test administration.
- NRS 391.281 - Fingerprinting and investigation into the background of applicant for employment or appointment as school police officer and certain nonlicensed employees; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability; employment of school police officers; contract for police services; training in prevention of suicide.
- NRS 391.282 - Jurisdiction of school police officers; law enforcement agency to respond to request for assistance by school district which does not have school police according to agency protocol.
- NRS 391.283 - Policy for procedures to be followed by peace officers in arresting pupil on school grounds during school hours.
- NRS 391.291 - Supervision by chief nurse required; qualifications for employment as school nurse; designation of school employees authorized to administer auto-injectable epinephrine.
- NRS 391.292 - Duties of school nurse.
- NRS 391.293 - Duties, authority and supervision of school counselor.
- NRS 391.294 - Authority and supervision of school psychologist.
- NRS 391.296 - Authority and supervision of school social worker.
- NRS 391.301 - "Employee" defined.
- NRS 391.3015 - Limited exception from provisions for lapse of license during time school is in session.
- NRS 391.302 - Suspension and termination required; exception; reinstatement if extension of time or other relief granted.
- NRS 391.305 - Notice of suspension; effect of reinstatement of license within prescribed period; termination for failure to reinstate license.
- NRS 391.308 - Hearing to determine whether additional time to reinstate license should be granted; transmittal of written ruling; effect of ruling.
- NRS 391.309 - Effect of provisions.
- NRS 391.320 - Suspension or revocation of teacher’s license by State Board.
- NRS 391.321 - Mandatory suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
- NRS 391.322 - Notice to licensee of receipt of recommendation for suspension or revocation of license; written request for hearing; selection of hearing officer; immediate processing required upon receipt of notice of conviction of licensee.
- NRS 391.323 - Time of hearing; report and recommendation by hearing officer; action by State Board of Education upon receipt of report.
- NRS 391.330 - Grounds for suspension or revocation of license or letter of reprimand; process for issuance of letter of reprimand; reinstatement of suspended license.
- NRS 391.340 - Revocation or forfeiture for falsely reporting pupils’ attendance.
- NRS 391.350 - Suspension or revocation of license for employee’s failure to fulfill employment obligations or breach of contract; suspension or revocation of administrator’s license for wrongfully securing employee’s acceptance of employment; notice to other agencies of revocation.
- NRS 391.355 - Procedure for conduct of hearings.
- NRS 391.361 - Charges not to become part of employee’s permanent record if State Board of Education determines evidence insufficient.
- NRS 391.365 - Reimbursement for cost of course work to receive endorsement.
- NRS 391.369 - Account for Computer Education and Technology.
- NRS 391.375 - Plan of school district for extension of benefits of social security to substitute teachers; approval by state agency.
- NRS 391.380 - Annuities or shares for employees: Purchase; conditions.
- NRS 391.450 - "Council" defined.
- NRS 391.455 - Creation of Council; membership; terms; election of Chair; meetings and quorum; allowance and travel expenses; administrative support by Department; payment of certain costs by school district or charter school.
- NRS 391.460 - Recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces.
- NRS 391.465 - State Board to establish statewide performance evaluation system and prescribe tools to be used by schools to measure performance; school district authorized to apply to use different performance evaluation system and tools; prohibition against evaluating certain administrators using statewide performance evaluation system.
- NRS 391.470 - Annual report by school districts concerning process for peer observations of teachers.
- NRS 391.475 - Electronic tool for providing documents concerning evaluations.
- NRS 391.480 - Development of learning goals for pupils; Department to establish list of assessments to measure achievement of learning goals; evaluation of educational personnel based on achievement of learning goals; regulations.
- NRS 391.485 - Annual review of statewide performance evaluation system; annual review of manner in which schools carry out evaluations pursuant to system.
- NRS 391.490 - "Task Force" defined.
- NRS 391.492 - Creation; members; terms; vacancies; Chair; quorum; members serve without compensation; members holding office or employed by governmental entity; administrative support.
- NRS 391.494 - Qualifications of members; application for membership.
- NRS 391.496 - Duties.
General Provisions
- NRS 391.650 - Definitions.
- NRS 391.655 - Applicability of NRS 391.650 to 391.826, inclusive; exceptions.
- NRS 391.660 - Contract negotiated by collective bargaining may supersede provisions of NRS 391.650 to 391.826, inclusive; exceptions.
- NRS 391.675 - Evaluations of counselors, librarians and certain other licensed educational personnel; provision of copy of evaluation and assistance to employee.
- NRS 391.680 - Policy for evaluations of teachers; conference required before and after each scheduled observation.
- NRS 391.685 - Evaluations of probationary teachers; evaluations to be based upon certain number of scheduled observation cycles.
- NRS 391.690 - Evaluations of postprobationary teachers; evaluations based upon certain number of scheduled observation cycles; request by postprobationary teacher for another evaluator.
- NRS 391.695 - Requirements for evaluations of teachers; performance of pupils not included in evaluation of certain teachers; evaluation to be provided to teacher; effort must be made to provide assistance to teacher to improve performance upon request.
- NRS 391.700 - Policy for evaluations of administrators; conference required before and after each scheduled observation.
- NRS 391.705 - Evaluations of probationary administrators; evaluations to be based upon certain number of scheduled observation cycles.
- NRS 391.710 - Evaluations of postprobationary administrators; evaluations to be based upon certain number of scheduled observation cycles.
- NRS 391.715 - Requirements for evaluations of administrators; performance of pupils not included in evaluation of certain administrators; evaluation to be provided to administrator; effort must be made to provide assistance to administrator to improve performance upon request.
- NRS 391.720 - Procedures for transfer or reassignment of administrators and appeal to board.
- NRS 391.725 - Evaluation designating performance of probationary employee as ineffective: Contents of written statement included in evaluation; request for another evaluator; request for assistance in improving performance.
- NRS 391.730 - Postprobationary employee whose performance is designated as developing or ineffective deemed probationary and required to serve additional probationary period in certain circumstances.
- NRS 391.750 - Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance.
- NRS 391.755 - Duties of administrator when admonishing employee in certain circumstances; removal of admonition from records; when admonition not required; grounds for immediate action without admonition.
- NRS 391.760 - Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension.
- NRS 391.765 - Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer.
- NRS 391.770 - Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer.
- NRS 391.775 - Notice of intention to recommend demotion, dismissal or refusal to reemploy; rights of employee; request for expedited hearing if dismissed before completion of current school year.
- NRS 391.780 - Request for hearing: Action by superintendent.
- NRS 391.785 - Procedures for hearing; payment for expenses of hearing officer and transcript.
- NRS 391.790 - Person with communications disability entitled to use of registered legal interpreter at hearing.
- NRS 391.795 - Written report of hearing: Contents; final and binding if so agreed; time limited for filing.
- NRS 391.800 - Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.
- NRS 391.810 - Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.
- NRS 391.815 - Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception.
- NRS 391.820 - Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances.
- NRS 391.822 - Written notice of intent to dismiss probationary employee required; contents of notice.
- NRS 391.824 - Request and procedures for expedited hearing concerning dismissal of probationary employee; actions of superintendent upon receipt of report from arbitrator.
- NRS 391.825 - Period of at-will employment of principals; reassignment of principal; survey of teachers at certain schools required; principal subject to immediate dismissal in certain circumstances.
- NRS 391.826 - Actions of board upon recommendation to dismiss probationary employee; decision of board final.
- NRS 391.830 - Reappointment of certain postprobationary administrators.
- NRS 391.850 - Definitions.
- NRS 391.855 - "Local educational agency" defined.
- NRS 391.860 - "Sexual misconduct" defined.
- NRS 391.865 - "Sexual offense" defined.
- NRS 391.875 - Prohibition on assisting person who has engaged in sexual misconduct with minor or pupil to obtain new employment at public school; exception; regulations.
- NRS 391.880 - Agreement to keep conviction of sexual offense involving minor confidential prohibited.
- NRS 391.885 - Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information.
- NRS 391.890 - Actions to be taken to verify information provided by applicant; employer or former employer required to provide such information; immunity from liability for providing information; penalties for willful failure to disclose information.
- NRS 391.895 - Certain employers to provide additional information and records concerning former employee; exception; immunity from liability; penalties for willful failure to disclose information.
- NRS 391.900 - Consideration of certain additional information provided by former employer of applicant; report of additional information to appropriate authority; immunity from liability for certain acts or omissions.
- NRS 391.905 - Duties of independent contractor who employs a person who may have direct contact with pupils; required disclosures by independent contractor before assigning employee to public school; prohibition on assignment of employee upon objection.
- NRS 391.910 - Provisional employment pending review of information.
- NRS 391.915 - Certain rights not affected by provisions.
- NRS 391.920 - Prohibition on agreement that affects the ability to obtain or provide information relating to suspected abuse or sexual misconduct; employer to maintain certain information in personnel file.
- NRS 391.925 - Confidentiality.
- NRS 391.930 - Civil penalties; Department to maintain list of independent contractors who have willfully violated certain provisions; prohibition against contracting with such independent contractors.
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