[Rev. 5/24/2016 3:38:09 PM--2015]

CHAPTER 391 - PERSONNEL

GENERAL PROVISIONS

NRS 391.002           Definitions.

NRS 391.005           “Commission” defined.

NRS 391.008           “Paraprofessional” defined.

COMMISSION ON PROFESSIONAL STANDARDS IN EDUCATION

NRS 391.009           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.

NRS 391.019           Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes. [Effective through June 30, 2019.]

NRS 391.019           Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes. [Effective July 1, 2019.]

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

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

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

NRS 391.028           Annual report concerning status of Commission’s regulations and work plan.

NRS 391.029           Provision of personnel; location of offices.

LICENSING OF EDUCATIONAL PERSONNEL

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

NRS 391.033           Issuance of licenses; fingerprinting of applicants; provisional licensure authorized. [Effective until the date of the repeal of 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 of applicants; provisional licensure authorized. [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 registration; 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.

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

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

NRS 391.039           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.

NRS 391.042           Department required to maintain directory of licensed educational personnel and provide school districts with electronic list of licenses that will expire; school district required to notify licensee of date of expiration.

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

NRS 391.051           License is revocable privilege.

PROCEDURE FOR NOTIFICATION AND TRACKING OF CRIMINAL CASES INVOLVING LICENSEES

NRS 391.053           “Arrest” defined.

NRS 391.055           Adoption of procedure by Department; notification of arrest required of school district or charter school; 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 who provide information or conduct investigation.

QUALIFICATIONS AND REQUIREMENTS OF TEACHERS AND OTHER EMPLOYEES

NRS 391.060           Citizenship requirements for licensure and employment; exception for certain qualified persons who are not citizens; limitation on licensure and employment of persons who are not citizens; notification upon termination of employment; penalty.

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

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

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

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

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

NRS 391.095           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.

NOTICE TO PARENTS AND GUARDIANS REGARDING QUALIFICATIONS OF TEACHERS AND PARAPROFESSIONALS

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

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

EMPLOYMENT AND SALARIES OF TEACHERS, PARAPROFESSIONALS AND OTHER EMPLOYEES

Employment

NRS 391.100           Employment of personnel by trustees; certain teachers and paraprofessionals required to possess qualifications prescribed by federal law. [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 minimally effective or ineffective to another school; development of plan to address such assignments when principal of school does not consent.

NRS 391.104           School district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception.

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

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.

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

NRS 391.145           Involuntary transfer or reassignment of unlicensed employees.

NRS 391.150           Payment of employees’ salaries from apportionment of public money; deductions from salary. [Replaced in revision by NRS 391.175.]

NRS 391.155           School districts required to submit biannual report to Interim Finance Committee concerning employment of consultants.

 

Salaries and Other Compensation

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 391.166           Grant Fund for Incentives for Licensed Educational Personnel; program of incentive pay; submission of application for grant; approval of financial incentives by Interim Finance Committee; limitation on individual incentive; evaluation of program. [Replaced in revision by NRS 391A.400.]

NRS 391.167           Determination of salaries: Credit for previous teaching service.

NRS 391.168           Establishment of program of performance pay and enhanced compensation for recruitment and retention of teachers and administrators. [Replaced in revision by NRS 391A.450.]

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 391.175           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. [Effective through June 30, 2016.]

NRS 391.180           Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school. [Effective July 1, 2016.]

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

NRS 391.205           Involuntary transfer or reassignment of unlicensed employees. [Replaced in revision by NRS 391.145.]

NURSING SERVICES

NRS 391.207           Supervision by chief nurse required; qualifications for employment as school nurse; designation of school employees authorized to administer auto-injectable epinephrine. [Replaced in revision by NRS 391.291.]

NRS 391.208           Duties of school nurse. [Replaced in revision by NRS 391.292.]

POWERS, DUTIES AND SUPERVISION OF PERSONNEL

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

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

NRS 391.235           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 required; exemptions; reduction of basic support allocation for failure to comply; exception for certain unlicensed personnel of charter school.

NRS 391.274           Policy prescribing duties, roles and responsibilities of school counselors; limitation on time school counselors required to assist with test administration.

NRS 391.275           Jurisdiction of school police officers. [Replaced in revision by NRS 391.282.]

PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS

NRS 391.278           Program to train employees who operate boiler or other pressure vessel. [Replaced in revision by NRS 391A.300.]

EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT

NRS 391.280           Attendance of licensed employees at conference. [Replaced in revision by NRS 391A.350.]

SCHOOL POLICE OFFICERS; POLICE SERVICES

NRS 391.281           School police officers; contract for police services.

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 391.285           Suspension of licensed employee for unexcused absence from conference. [Replaced in revision by NRS 391A.355.]

NRS 391.290           Payment of expenses of travel and living for administrators and teachers attending conference. [Replaced in revision by NRS 391A.360.]

SCHOOL NURSES

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 391.295           Transportation of personnel to and from conference. [Replaced in revision by NRS 391A.365.]

NRS 391.298           Focus and structure of scheduled professional development. [Replaced in revision by NRS 391A.375.]

SUSPENSION AND TERMINATION OF EMPLOYEE FOR FAILURE TO MAINTAIN VALID LICENSE

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 391.311           Definitions. [Replaced in revision by NRS 391.650.]

NRS 391.3115         Applicability of NRS 391.311 to 391.3197, inclusive; exceptions. [Replaced in revision by NRS 391.655.]

NRS 391.3116         Contract negotiated by collective bargaining may supersede provisions of NRS 391.311 to 391.3197, inclusive; exception for certain employees deemed probationary. [Replaced in revision by NRS 391.660.]

NRS 391.31211       For 2013-2014 school year: Application by school district to opt out of delay of implementation of statewide performance evaluation system; school district with approved application not required to participate in validation study. [Repealed.]

NRS 391.31212       For 2014-2015 school year: Application by school district to opt out of delay of implementation of statewide performance evaluation system; school district with approved application not required to participate in validation study. [Repealed.]

NRS 391.31213       Validation study of statewide performance evaluation system; selection of representative sample of teachers and administrators to participate; disciplinary decisions must not be based on evaluations conducted under validation study. [Repealed.]

NRS 391.31214       Policy for evaluations of teachers and other licensed educational personnel instead of NRS 391.3125 during validation study. [Repealed.]

NRS 391.31215       Policy for evaluation of administrators instead of NRS 391.3127 during validation study. [Repealed.]

NRS 391.31216       Status of probationary employees during validation study. [Repealed.]

NRS 391.31217       Report to Interim Finance Committee on results of 2013-2014 validation study; determination by Interim Finance Committee whether all school districts prepared to implement statewide performance evaluation system. [Repealed.]

NRS 391.31218       Observation schedule for postprobationary teachers and administrators if statewide performance evaluation system implemented for 2014-2015 school year. [Repealed.]

NRS 391.31219       Observation schedule for postprobationary teachers and administrators if statewide performance evaluation system implemented for 2015-2016 school year. [Repealed.]

NRS 391.3122         Validation study of counselors, librarians and certain other educational personnel for 2014-2015 school year. [Repealed.]

NRS 391.3123         Implementation of statewide performance evaluation system for counselors, librarians and certain other licensed educational personnel for 2015-2016 school year. [Replaced in revision by NRS 391.675.]

NRS 391.3125         Policy for evaluations of licensed educational personnel; number of evaluations and observation schedule; request by postprobationary teacher for another evaluator; recommendations and assistance for employee; copy of evaluation. [Replaced in revision by NRS 391.680, 391.685, 391.690 and 391.695.]

NRS 391.3127         Policy for evaluations of administrators; number of evaluations and observation schedule; request by postprobationary administrator for another evaluator; recommendations and assistance for employee; procedures for transfer or reassignment and appeal to board. [Replaced in revision by NRS 391.700, 391.705, 391.710, 391.715 and 391.720.]

NRS 391.3128         Evaluation designating performance of probationary employee as minimally effective or ineffective: Contents of written statement included in evaluation; request for another evaluator; request for assistance in improving performance. [Replaced in revision by NRS 391.725.]

NRS 391.3129         Evaluation designating performance of postprobationary employee as minimally effective or ineffective: Circumstances under which employee deemed probationary and required to serve additional probationary period. [Replaced in revision by NRS 391.730.]

NRS 391.31297       Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance. [Replaced in revision by NRS 391.750.]

NRS 391.313           Admonition of licensed employee: Duty of administrator; removal from records; when admonition not required. [Replaced in revision by NRS 391.755.]

NRS 391.314           Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension. [Replaced in revision by NRS 391.760.]

NRS 391.315           Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer. [Replaced in revision by NRS 391.765.]

NRS 391.3161         Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer. [Replaced in revision by NRS 391.770.]

NRS 391.317           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. [Replaced in revision by NRS 391.775.]

NRS 391.318           Request for hearing: Action by superintendent. [Replaced in revision by NRS 391.780.]

NRS 391.3192         Procedures for hearing; payment for expenses of hearing officer and transcript. [Replaced in revision by NRS 391.785.]

NRS 391.31925       Person with communications disability entitled to use of registered legal interpreter at hearing. [Replaced in revision by NRS 391.790.]

NRS 391.3193         Written report of hearing: Contents; final and binding if so agreed; time limited for filing. [Replaced in revision by NRS 391.795.]

NRS 391.3194         Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review. [Replaced in revision by NRS 391.800.]

NRS 391.3196         Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment. [Replaced in revision by NRS 391.810.]

NRS 391.31965       Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception. [Replaced in revision by NRS 391.815.]

NRS 391.3197         Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances; request for expedited hearing if dismissed before completion of current school year. [Replaced in revision by NRS 391.820.]

SUSPENSION AND REVOCATION OF LICENSES

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

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

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

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

NRS 391.355           Procedure for conduct of hearings.

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

BENEFITS AND ANNUITIES

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

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

TRAINING AND EDUCATION OF PERSONNEL WHO WORK WITH PUPILS WITH AUTISM SPECTRUM DISORDERS

NRS 391.400           Definitions. [Replaced in revision by NRS 391A.250.]

NRS 391.405           Creation of Grant Fund; acceptance of gifts and grants; uses of money in Fund; application for grant by school districts and charter schools. [Replaced in revision by NRS 391A.255.]

NRS 391.410           Training required for certain personnel; authorization for school districts and charter schools to contract for provision of training; limitation on requirements to extent of available money. [Replaced in revision by NRS 391A.260.]

NRS 391.415           Training required for certain personnel to assist parents and guardians of pupils with autism spectrum disorders; limitation on requirements to extent of available money. [Replaced in revision by NRS 391A.265.]

NRS 391.420           Training required for certain paraprofessionals; authorization for school districts and charter schools to contract for provision of training; limitation on requirements to extent of available money. [Replaced in revision by NRS 391A.270.]

TEACHERS AND LEADERS COUNCIL OF NEVADA; STATEWIDE PERFORMANCE EVALUATION SYSTEM

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.

NRS 391.460           Recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces. [Effective through June 30, 2016.]

NRS 391.460           Recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces. [Effective July 1, 2016.]

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. [Effective through June 30, 2016.]

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. [Effective July 1, 2016, through June 30, 2017.]

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. [Effective July 1, 2017.]

NRS 391.470           Annual report by school districts concerning process for peer evaluations of teachers.

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

NRS 391.500           Definitions. [Replaced in revision by NRS 391A.100.]

NRS 391.504           “Regional training program” defined. [Replaced in revision by NRS 391A.110.]

NRS 391.508           “Statewide Council” defined. [Replaced in revision by NRS 391A.115.]

NRS 391.510           Superintendent of Public Instruction required to ensure Statewide Council and regional training programs carry out duties successfully. [Replaced in revision by NRS 391A.140.]

NRS 391.512           Creation of regional training programs and Nevada Early Literacy Intervention Programs; provision of services to teachers and administrators in certain geographical areas; designation of certain school districts as fiscal agent. [Replaced in revision by NRS 391A.120.]

NRS 391.516           Statewide Council for the Coordination of the Regional Training Programs: Creation; membership; terms; vacancy; compensation; administrative support. [Replaced in revision by NRS 391A.130.]

NRS 391.520           Statewide Council for the Coordination of the Regional Training Programs: Duties; acceptance of gifts and grants authorized. [Replaced in revision by NRS 391A.135.]

NRS 391.524           Governing body of regional training program: Membership; terms; vacancy. [Replaced in revision by NRS 391A.150.]

NRS 391.528           Governing body of regional training program: Meetings; no salary or compensation. [Replaced in revision by NRS 391A.155.]

NRS 391.532           Governing body of regional training program: Employment and salary of coordinator; duties of coordinator. [Replaced in revision by NRS 391A.160.]

NRS 391.536           Governing body of regional training program: Submission of proposed biennial budget to Statewide Council; approval or denial of proposed budget by Statewide Council; inclusion of approved budget in Department’s biennial budget; acceptance of gifts and grants authorized. [Replaced in revision by NRS 391A.165.]

NRS 391.538           Governing body of regional training program: Request for revision of budget; form and submission; approval or disapproval by Statewide Council; determination whether work program revision is necessary. [Replaced in revision by NRS 391A.170.]

NRS 391.540           Governing body of regional training program: Adoption of training model; assessment of training needs; preparation and review of 5-year plan; request by another entity for regional training program to perform additional services or duties. [Replaced in revision by NRS 391A.175.]

NRS 391.542           Governing body of regional training program: Establishment of evaluation system for teachers and other personnel participating in program. [Replaced in revision by NRS 391A.180.]

NRS 391.544           Provision of training to teachers, other licensed educational personnel and administrators; maintenance and distribution of training list; authority to contract with board of trustees for additional training; training for paraprofessionals authorized. [Replaced in revision by NRS 391A.125.]

NRS 391.545           Governing body authorized to facilitate and coordinate access to information related to suicide; receipt of information by teachers and administrators does not create additional duty. [Replaced in revision by NRS 391A.185.]

NRS 391.548           Payment of certain costs and expenses by regional training program. [Replaced in revision by NRS 391A.200.]

NRS 391.552           Evaluation of regional training program by governing body; submission of annual report. [Replaced in revision by NRS 391A.190.]

NRS 391.556           Submission of annual report by board of trustees. [Replaced in revision by NRS 391A.205.]

NRS 391.600           Definitions. [Replaced in revision by NRS 390.350.]

NRS 391.602           “Assessment” defined. [Replaced in revision by NRS 390.355.]

NRS 391.604           “Examination” defined. [Replaced in revision by NRS 390.360.]

NRS 391.608           “Irregularity in testing administration” defined. [Replaced in revision by NRS 390.365.]

NRS 391.612           “Irregularity in testing security” defined. [Replaced in revision by NRS 390.370.]

NRS 391.616           “Reprisal or retaliatory action” defined. [Replaced in revision by NRS 390.375.]

NRS 391.620           “School official” defined. [Replaced in revision by NRS 390.380.]

NRS 391.624           Declaration of policy concerning disclosure of irregularities in testing administration and security. [Replaced in revision by NRS 390.395.]

NRS 391.628           School official prohibited from using authority or influence to prevent disclosure of information. [Replaced in revision by NRS 390.405.]

NRS 391.632           School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings. [Replaced in revision by NRS 390.410.]

NRS 391.636           State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court. [Replaced in revision by NRS 390.415.]

NRS 391.640           Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information. [Replaced in revision by NRS 390.420.]

NRS 391.644           Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials. [Replaced in revision by NRS 390.425.]

NRS 391.648           Provisions do not abrogate or decrease effect of crimes or punishments. [Replaced in revision by NRS 390.430.]

EVALUATIONS OF LICENSED PERSONNEL; PROBATIONARY AND POSTPROBATIONARY EMPLOYMENT; DISCIPLINARY ACTION

General Provisions

NRS 391.650           Definitions.

NRS 391.655           Applicability of NRS 391.650 to 391.830, inclusive; exceptions.

NRS 391.660           Contract negotiated by collective bargaining may supersede provisions of NRS 391.650 to 391.830, inclusive; exceptions.

 

Evaluations

NRS 391.675           Evaluations of counselors, librarians and certain other licensed educational personnel.

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 observations.

NRS 391.690           Evaluations of postprobationary teachers; evaluations based upon certain number of scheduled observations; 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 observations.

NRS 391.710           Evaluations of postprobationary administrators; evaluations to be based upon certain number of scheduled observations.

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 minimally effective or 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 minimally effective or ineffective deemed probationary and required to serve additional probationary period in certain circumstances.

 

Disciplinary Action

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.

 

Probationary and Postprobationary Employment

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; request for expedited hearing if dismissed before completion of current school year.

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 391.830           Reappointment of certain postprobationary administrators.

_________

NOTE:                    Section 9 of chapter 133, Statutes of Nevada 2011, at p. 654, has been codified as NRS 392.860.

 

GENERAL PROVISIONS

      NRS 391.002  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 391.005 and 391.008 have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 19th Special Session, 69)

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

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

      NRS 391.008  “Paraprofessional” defined.

      1.  “Paraprofessional” means a person who is employed by and assigned by a school district or charter school to:

      (a) Provide one-on-one tutoring for a pupil;

      (b) Assist with the management of a classroom, including, without limitation, organizing instructional materials;

      (c) Provide assistance in a computer laboratory;

      (d) Conduct parental involvement activities in conjunction with one or more duties set forth in this subsection;

      (e) Provide support in a library or media center;

      (f) Except as otherwise provided in subsection 2, provide services as a translator; or

      (g) Provide instructional services to pupils under the direct supervision of a licensed teacher.

      2.  The term “paraprofessional” does not include a person who:

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

      (b) Solely conducts parental involvement activities.

      (Added to NRS by 2003, 19th Special Session, 69)

COMMISSION ON PROFESSIONAL STANDARDS IN EDUCATION

      NRS 391.009  Superintendent of Public Instruction required to ensure Commission carries out duties successfully.  The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities of the Commission set forth in this chapter are carried out by the Commission successfully.

      (Added to NRS by 2011, 2309)

      NRS 391.011  Creation; membership.

      1.  The Commission on Professional Standards in Education, consisting of nine members appointed by the Governor, is hereby created.

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

      (a) One who teaches in a secondary school.

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

      (c) One who teaches in an elementary school.

      (d) One who teaches special education.

      3.  The remaining members of the Commission must include:

      (a) One counselor or psychologist employed by a school district.

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

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

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

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

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

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

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

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

      NRS 391.013  Limitation on terms of certain members.  No member of the Commission who is a teacher, counselor, administrator or representative of the general public may serve more than two terms.

      (Added to NRS by 1987, 995)

      NRS 391.015  Officers.

      1.  The Commission shall elect one of its members as President, to serve at the pleasure of the Commission.

      2.  The Superintendent of Public Instruction or the Superintendent’s designee shall serve as the nonvoting Secretary to the Commission. The Secretary shall coordinate the activities of the Commission.

      (Added to NRS by 1987, 995)

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

      1.  The Commission may meet at least once each month.

      2.  A majority of the Commission constitutes a quorum for the transaction of business.

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

      (Added to NRS by 1987, 995)

      NRS 391.019  Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes. [Effective through June 30, 2019.]

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

      (a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                   (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                   (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization, including, without limitation, an endorsement to teach English as a second language based upon the recommendations of the English Mastery Council pursuant to NRS 388.411.

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

      (g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

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

             (2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this paragraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicant’s employment as a teacher with a school district or charter school.

      (h) Requiring an applicant for a special qualifications license to:

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

             (2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

      (i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

      (j) Providing for the issuance and renewal of a special qualifications license to an applicant who:

             (1) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;

             (2) Is not licensed to teach public school in another state;

             (3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

             (4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicant’s employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this paragraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (k) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

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

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      4.  A person who is licensed pursuant to paragraph (g) or (j) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      (Added to NRS by 1987, 995; A 1993, 441; 1995, 149; 2001, 1777; 2001 Special Session, 181, 188; 2003, 19th Special Session, 70, 71; 2005, 92, 1670, 2548; 2007, 172, 501; 2009, 470, 472, 601, 603, 1850, 2374, 2376; 2011, 1980, 2622, 3097; 2013, 3413)

      NRS 391.019  Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes. [Effective July 1, 2019.]

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

      (a) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (III) Require a qualified provider to provide supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                   (V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                   (VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization, including, without limitation, an endorsement to teach English as a second language.

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

      (g) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

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

             (2) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this paragraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of the applicant’s employment as a teacher with a school district or charter school.

      (h) Requiring an applicant for a special qualifications license to:

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

             (2) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

      (i) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

      (j) Providing for the issuance and renewal of a special qualifications license to an applicant who:

             (1) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which the applicant will be providing instruction;

             (2) Is not licensed to teach public school in another state;

             (3) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

             (4) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of the applicant’s employment as a teacher with a school district or charter school if the applicant holds a graduate degree or, if the applicant holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his or her employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this paragraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (k) Prescribing course work on parental involvement and family engagement. The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

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

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      4.  A person who is licensed pursuant to paragraph (g) or (j) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if the person is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      (Added to NRS by 1987, 995; A 1993, 441; 1995, 149; 2001, 1777; 2001 Special Session, 181, 188; 2003, 19th Special Session, 70, 71; 2005, 92, 1670, 2548; 2007, 172, 501; 2009, 470, 472, 601, 603, 1850, 2374, 2376; 2011, 1980, 2622, 3097; 2013, 3413, 3415, effective July 1, 2019)

      NRS 391.021  Regulations governing examinations for initial licensure; Commission authorized to provide exemption.  Except as otherwise provided in paragraph (j) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and the applicant’s knowledge of each specific subject he or she proposes to teach. Each examination must include the following subjects:

      1.  The laws of Nevada relating to schools;

      2.  The Constitution of the State of Nevada; and

      3.  The Constitution of the United States.

Ê The provisions of this section do not prohibit the Commission from adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the examinations for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

      (Added to NRS by 1987, 996; A 2001, 365; 2005, 1671; 2009, 604; 2011, 2624, 3099)

      NRS 391.023  Regulations for relief from other regulations and for resolution of medical or administrative conflicts.  The Commission may adopt regulations which provide relief from the strict application of the terms of its regulations relating to the licensure of teachers and other educational personnel for the resolution of medical or administrative conflicts. The conflicts must be resolved within 6 months after the date the relief is granted.

      (Added to NRS by 1987, 1490)

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

      1.  The State Board may disapprove any regulation adopted by the Commission.

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

      (Added to NRS by 1987, 996; A 2011, 2310)

      NRS 391.028  Annual report concerning status of Commission’s regulations and work plan.  On or before December 1 of each year, the Commission shall submit a written report to the State Board and the Legislative Committee on Education. The report must include, without limitation:

      1.  A summary of the regulations adopted by the Commission and the status of those regulations;

      2.  A work plan which designates the proposed activities of the Commission during the next year; and

      3.  A description of the progress and status of each regulation relating to the licensure of educational personnel which the Commission is required to adopt pursuant to a legislative measure enacted within the two previous regular sessions of the Legislature or any special session of the Legislature occurring within that time. If the Commission has not adopted a required regulation, the Commission shall include in the report a detailed explanation describing the reasons each regulation was not adopted.

      (Added to NRS by 2011, 2309)

      NRS 391.029  Provision of personnel; location of offices.

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

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

      (Added to NRS by 1987, 996)

LICENSING OF EDUCATIONAL PERSONNEL

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

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

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

      3.  A license to teach secondary education, which authorizes the holder to teach in his or her major or minor field of preparation or in both fields in any secondary school. He or she may teach only in these fields unless an exception is approved pursuant to regulations adopted by the Commission.

      4.  A license to teach special education, which authorizes the holder to teach pupils with disabilities or gifted and talented pupils, or both.

      5.  A special license, which authorizes the holder to teach or perform other educational functions in a school or program as designated in the license.

      6.  A special license designated as a special qualifications license, which authorizes the holder to teach only in the grades and subject areas designated in the license. A special qualifications license is valid for 3 years and may be renewed in accordance with the applicable regulations of the Commission adopted pursuant to paragraph (g) or (j) of subsection 1 of NRS 391.019.

      [323:32:1956] — (NRS A 1977, 222; 1979, 1601; 1987, 997; 2003, 19th Special Session, 71; 2005, 93; 2007, 503; 2009, 1852; 2011, 788, 2625, 3100)

      NRS 391.0315  Issuance of additional license to teach outside grade level of experience; application; qualifications; exemption from student teaching under certain circumstances.

      1.  A person licensed to teach elementary education, middle school or junior high school education or secondary education in this State may apply for and the Superintendent of Public Instruction may issue to that person an additional license to teach elementary education, middle school or junior high school education or secondary education, other than for teaching pupils with disabilities, which is outside the person’s grade level of experience if the applicant meets the course work requirements and qualifications for the license.

      2.  A licensed teacher who applies for an additional license pursuant to this section must not be required to participate in a program of student teaching as a condition for the issuance of the additional license if the applicant has 3 years of verified teaching experience.

      (Added to NRS by 2009, 601)

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

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

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

      (b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions for the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Commission determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

      2.  The regulations adopted pursuant to paragraph (b) of subsection 1 may provide an exemption from the examinations required for initial licensure for teachers and other educational personnel from another state if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

      3.  A person who is issued a conditional license must complete all courses of study and other requirements for a license in this State which is not conditional within 3 years after the date on which a conditional license is issued.

      (Added to NRS by 1989, 1162; A 1995, 9; 2001, 365; 2009, 605; 2011, 789, 2625)

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

      1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

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

      3.  Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      4.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

      5.  A license must be issued to, or renewed for, as applicable, an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

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

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

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and

      (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

      [324:32:1956] — (NRS A 1967, 817; 1969, 128; 1977, 223; 1979, 1601; 1987, 997; 1995, 1909; 1997, 2050; 2003, 2848; 2005, 2420; 2011, 993; 2015, 845)

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

      1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant. The Superintendent may issue a provisional license pending receipt of the reports if the Superintendent determines that the applicant is otherwise qualified.

      3.  A license must be issued to, or renewed for, as applicable, an applicant if the Superintendent determines that the applicant is qualified and:

      (a) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

      (b) The Superintendent determines, in his or her discretion, that any conviction indicated in the reports on the criminal history of the applicant is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable.

      [324:32:1956] — (NRS A 1967, 817; 1969, 128; 1977, 223; 1979, 1601; 1987, 997; 1995, 1909; 1997, 2050; 2003, 2848; 2005, 2420, 2421; 2011, 993; 2015, 845, 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.]

      1.  An applicant for the issuance or renewal of a license issued pursuant to this chapter shall submit to the Superintendent of Public Instruction the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Commission.

      3.  A license may not be issued or renewed by the Superintendent of Public Instruction pursuant to this chapter if the applicant:

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

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Superintendent of Public Instruction shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1997, 2049)

      NRS 391.0345  Additional requirements for renewal of license: Information regarding whether applicant has state business registration; grounds for nonrenewal.

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a license as a teacher or other educational personnel must indicate in the application submitted to the Superintendent of Public Instruction whether the applicant has a state business registration. If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license may not be renewed by the Superintendent of Public Instruction if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Superintendent of Public Instruction pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2013, 2728)

      NRS 391.0347  Additional requirements for renewal of license of certain teachers: Proof of completion of course in multicultural education; regulations.

      1.  Any licensed teacher who is initially licensed on or after July 1, 2015, except for a teacher who is licensed only as a substitute teacher, must submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education. If the licensed teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.

      2.  The Commission shall adopt regulations:

      (a) That prescribe the required contents of a course in multicultural education which must be completed pursuant to this section;

      (b) That prescribe the number of credits which must be earned by a licensed teacher in a course in multicultural education; and

      (c) As otherwise necessary to carry out the requirements of this section.

      (Added to NRS by 2015, 2073)

      NRS 391.035  Confidentiality of application; exceptions.

      1.  Except as otherwise provided in NRS 239.0115, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Department’s file relating to the application, including:

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History;

      (c) Transcripts of the applicant’s records at colleges or other educational institutions;

      (d) The applicant’s scores on the examinations administered pursuant to the regulations adopted by the Commission;

      (e) Any correspondence concerning the application; and

      (f) Any other personal information,

Ê are confidential.

      2.  It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection 7 of NRS 179A.075 or the applicant’s written authorization.

      3.  The Department shall, upon request, make available the applicant’s file for inspection by the applicant during regular business hours.

      (Added to NRS by 1983, 769; A 1987, 998; 1995, 1910; 2007, 2099; 2015, 846)

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

      1.  The State Board shall:

      (a) Prescribe by regulation the standards for approval of a course of study or training offered by an educational institution to qualify a person to be a teacher or administrator or to perform other educational functions. The regulations prescribed pursuant to this paragraph must include, without limitation, training on how to identify a pupil who is at risk for dyslexia or related disorders.

      (b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of study for a particular endorsement.

      2.  Except for an applicant who submits an application for the issuance of a license pursuant to subparagraph (1) of paragraph (a) or paragraph (g) or (j) of subsection 1 of NRS 391.019, an applicant for a license as a teacher or administrator or to perform some other educational function must submit with his or her application, in the form prescribed by the Superintendent of Public Instruction, proof that the applicant has satisfactorily completed a course of study and training approved by the State Board pursuant to subsection 1.

      (Added to NRS by 1987, 996; A 1993, 442; 2005, 93, 1672; 2007, 504; 2011, 2626, 3100; 2015, 2386)

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

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

      (a) The licensure of teachers or other educational personnel;

      (b) The renewal of licenses of teachers or other educational personnel; or

      (c) An endorsement in a field of specialization.

Ê If the course of study and training meets the requirements established by the State Board, it must be approved by the State Board. The State Board shall not approve a course of study or training unless the course of study and training provides instruction, to the extent deemed necessary by the State Board, in the standards of content and performance prescribed by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

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

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

      4.  The State Board, in consultation with educational institutions in this State which offer courses of study and training for the education of teachers and other educational personnel, shall adopt regulations governing the approval by the State Board of courses of study and training.

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

      (Added to NRS by 1987, 996; A 1995, 1382; 1999, 3389; 2015, 2099)

      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.

      1.  The State Board shall, on an annual basis, evaluate each provider approved by the State Board or the Commission to offer a course of study or training designed to qualify a person to be a teacher or administrator or to perform other educational functions, including, without limitation, a qualified provider approved by the Commission pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019 to offer an alternative route to licensure. The evaluation must include, without limitation, for each provider, the number of persons:

      (a) Who received a license pursuant to this chapter after completing the education, course of study or training offered by the provider; and

      (b) Identified in paragraph (a) who are employed by a school district or a charter school in this State after receiving a license and information relating to the performance evaluations of those persons conducted by the school district or charter school. The information relating to the performance evaluations must be reported in an aggregated format and not reveal the identity of a person.

      2.  The Department shall post on its Internet website the evaluation conducted pursuant to subsection 1.

      (Added to NRS by 2011, 2621, 3096)

      NRS 391.040  Fees for issuance and renewal of licenses.

      1.  The Commission shall fix fees of not less than $65 for the:

      (a) Initial issuance of a license, which must include the fees for processing the fingerprints of the applicant by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation; and

      (b) Renewal of a license, which must include the fees for processing the fingerprints of the applicant for renewal by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation.

      2.  The fee for issuing a duplicate license is the same as for issuing the original.

      3.  The portion of each fee which represents the amount charged by the Federal Bureau of Investigation for processing the fingerprints of the applicant must be deposited with the State Treasurer for credit to the appropriate account of the Department of Public Safety. The remaining portion of the money received from the fees must be deposited with the State Treasurer for credit to the appropriate account of the Department of Education.

      [326:32:1956] — (NRS A 1965, 1074; 1977, 223; 1979, 1601; 1983, 676; 1987, 998; 1995, 172; 2001, 2603; 2011, 993)

      NRS 391.042  Department required to maintain directory of licensed educational personnel and provide school districts with electronic list of licenses that will expire; school district required to notify licensee of date of expiration.

      1.  The Department shall:

      (a) Maintain a directory of the name of each person who holds a license issued pursuant to this chapter and the date on which his or her license expires;

      (b) Make the directory readily available to licensed educational personnel and to the general public on the Internet website maintained by the Department; and

      (c) Provide to the board of trustees of each school district, at the end of each calendar month, an electronic file with a list of each licensed employee who is employed by the board of trustees and whose license will expire within the 9 months immediately following that calendar month.

      2.  The board of trustees of a school district shall notify each licensed employee identified in the list received pursuant to paragraph (c) of subsection 1 of the date on which his or her license will expire. The notice must be provided not later than 6 months before the date of expiration of the license.

      (Added to NRS by 2007, 311; A 2011, 1958)

      NRS 391.045  Directory of licensed personnel to be filed with clerk of board of trustees.  The Superintendent of Public Instruction shall file with the clerk of the board of trustees of each local school district a directory of all teachers and other educational personnel, including, without limitation, teachers and educational personnel employed by a charter school pursuant to NRS 388A.518, 388A.521, 388A.524, 388A.530 to 388A.544, inclusive, and 388B.400 to 388B.450, inclusive, who are entitled to draw salaries from the county school district fund, and shall advise the clerk from time to time of any changes or additions to the directory.

      (Added to NRS by 1979, 1600; A 1987, 998; 1997, 1871; 2015, 3813)

      NRS 391.051  License is revocable privilege.  The purpose of licensing teachers and other educational personnel is to protect the general welfare of the people of this state. Any license issued by the Superintendent of Public Instruction is a revocable privilege and no holder of such a license acquires thereby any vested right.

      (Added to NRS by 1987, 996)

PROCEDURE FOR NOTIFICATION AND TRACKING OF CRIMINAL CASES INVOLVING LICENSEES

      NRS 391.053  “Arrest” defined.  As used in NRS 391.053 to 391.059, inclusive, “arrest” has the meaning ascribed to it in NRS 171.104.

      (Added to NRS by 2007, 425; A 2011, 994)

      NRS 391.055  Adoption of procedure by Department; notification of arrest required of school district or charter school; maintenance of file on licensee.

      1.  The Department shall adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving persons who are licensed pursuant to this chapter. The procedure must include, without limitation:

      (a) A method by which the superintendent of schools of a school district and the administrative head of a charter school must notify the Department in a timely manner of the arrest of a person who is licensed pursuant to this chapter if:

             (1) The act for which the licensee is arrested:

                   (I) May be a ground for the suspension or revocation of the person’s license pursuant to NRS 391.330; and

                   (II) Is not excluded by the Department from the notification requirements of this section; and

             (2) The school district or charter school has knowledge of that arrest.

      (b) A method by which the superintendent of schools of a school district and the administrative head of a charter school must notify the Department in a timely manner of:

             (1) Each action, if any, taken against the licensee by the school district or charter school after the arrest; and

             (2) The conviction of the licensee, if the licensee is convicted of the act for which he or she was arrested.

      (c) The steps that the Department must follow in response to the receipt of notice pursuant to this section, including, without limitation, the preparation of a separate file on the licensee for the documentation and monitoring of the status of the case.

      2.  Each file that is maintained on a licensee pursuant to subsection 1 must include, without limitation:

      (a) The date on which the person was arrested and the date on which the Department received notice of the arrest from the school district or charter school;

      (b) The reason why the licensee was arrested;

      (c) The steps taken by the Department in response to all notices received by the Department from a school district or charter school pursuant to subsection 1;

      (d) An indication whether the case was referred to the Attorney General’s office for review and the date of the referral, if any;

      (e) An indication whether the Superintendent of Public Instruction has presented the case to the State Board for action and the type of action recommended by the Superintendent, if any;

      (f) A description of any action taken by the State Board against the licensee and the reason for that action or, if no action is taken by the State Board, the reason for the inaction; and

      (g) The final resolution of the case and the date of resolution.

      3.  If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license, the Superintendent of Public Instruction shall immediately recommend that the State Board proceed in accordance with the provisions of NRS 391.320 to 391.361, inclusive.

      4.  If the Department maintains a file on a licensee pursuant to this section and the State Board determines that there is not sufficient evidence to suspend or revoke the license, the file and any related documents must not be made a part of that licensee’s permanent employment record.

      (Added to NRS by 2007, 425)

      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.  The board of trustees of each school district and the governing body of each charter school shall adopt a policy which requires a licensed employee of the school district or charter school to report to the school district or charter school if the employee is arrested for or convicted of a crime. The policy must include, without limitation, an identification of:

      1.  The crimes for which an arrest or conviction must be reported;

      2.  The person to whom the report must be made; and

      3.  The time period after the arrest or conviction in which the report must be made.

      (Added to NRS by 2011, 992)

      NRS 391.057  Timely submission of information by school district or charter school.  The superintendent of schools of each school district and the administrative head of each charter school shall submit all information required by the Department pursuant to NRS 391.055 within the time prescribed by the Department.

      (Added to NRS by 2007, 426)

      NRS 391.059  Immunity from liability for certain persons who provide information or conduct investigation.  Immunity from civil or criminal liability extends to every person who, pursuant to NRS 391.053 to 391.059, inclusive, in good faith:

      1.  Participates in the making of a report;

      2.  Causes or conducts an investigation of a person who is licensed pursuant to this chapter and who is arrested; or

      3.  Submits information to the Department concerning a person who is licensed pursuant to this chapter and who is arrested.

      (Added to NRS by 2007, 426; A 2011, 994)

QUALIFICATIONS AND REQUIREMENTS OF TEACHERS AND OTHER EMPLOYEES

      NRS 391.060  Citizenship requirements for licensure and employment; exception for certain qualified persons who are not citizens; limitation on licensure and employment of persons who are not citizens; notification upon termination of employment; penalty.

      1.  Except as otherwise provided in this section and NRS 391.070, it is unlawful for:

      (a) The Superintendent of Public Instruction to issue a license to, or a board of trustees of a school district or a governing body of a charter school to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

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

      2.  Upon the request of a school district or the governing body of the charter school, as applicable, the Superintendent of Public Instruction may issue a license to a person who does not meet the requirements of subsection 1 but is otherwise entitled to work in the United States pursuant to federal laws and regulations if:

      (a) The school district or the governing body of the charter school, as applicable, has demonstrated to the satisfaction of the Superintendent of Public Instruction that:

             (1) A shortage of teachers exists; or

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

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

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

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

      4.  A license issued by the Superintendent of Public Instruction pursuant to subsection 2:

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

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

             (1) School district or charter school that submitted the request for the issuance of the license to that person; and

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

      5.  Upon compliance with all applicable federal laws and regulations, the board of trustees of a school district or the governing body of a charter school may employ a person who does not meet the requirements of subsection 1 if the person holds a license issued by the Superintendent of Public Instruction pursuant to subsection 2. A teacher’s employment with a school district or the governing body of a charter school, as applicable, pursuant to this subsection automatically expires on the date that he or she is no longer entitled to work in the United States pursuant to federal laws and regulations.

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

      7.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      [328:32:1956] — (NRS A 1967, 564; 1971, 218; 1979, 1601; 1987, 998; 1999, 3313; 2001 Special Session, 181; 2015, 239)

      NRS 391.070  Employment of alien teacher through program of exchange permitted.  The board of trustees of a school district or the governing body of a charter school may employ a teacher or instructor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.

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

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

      1.  Each teacher or other licensed employee employed in this state whose compensation is payable out of public money, except teachers employed pursuant to the provisions of subsection 5 of NRS 391.060 or NRS 391.070, must take and subscribe to the constitutional oath of office before entering upon the discharge of his or her duties.

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

      3.  The Superintendent of Public Instruction, the deputy superintendents and other members of the professional staff of the Department designated by the Superintendent, members of boards of trustees of school districts, superintendents of schools, principals of schools and notaries public may administer the oath of office to teachers and other licensed employees.

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

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

      1.  Any person who is:

      (a) Granted a license to teach or perform other educational functions in the public schools of Nevada, in the school conducted at the Nevada Youth Training Center, the Caliente Youth Center or any other state facility for the detention of children that is operated pursuant to title 5 of NRS or for any program of instruction for kindergarten or grades 1 to 12, inclusive, conducted at any correctional institution in the Department of Corrections; or

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

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

      2.  The Commission may grant a reasonable time for compliance with the terms of this section.

      [331:32:1956] — (NRS A 1961, 383, 628; 1979, 1602; 1987, 999; 1989, 1960; 2001 Special Session, 238; 2003, 1146)

      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.

      1.  The board of trustees of each school district:

      (a) Shall establish a plan for the teachers and other licensed educational personnel in the school district who teach or supervise pupils in physical education; and

      (b) May establish a plan for the teachers and other licensed educational personnel in the school district who teach or supervise pupils in courses of study or activities other than physical education which involve a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity,

Ê to receive the training which is necessary for certification in the administration of cardiopulmonary resuscitation.

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

      (a) Comply with the guidelines established by the American National Red Cross or the American Heart Association for the certification of persons in the administration of cardiopulmonary resuscitation;

      (b) Set forth the courses of study and activities offered at schools within the district other than physical education which involve a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity, including, without limitation, laboratory sciences, vocational education, special education, competitive sports and the transportation of pupils; and

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

      3.  The board of trustees of each school district shall submit to the State Board any plan that it establishes pursuant to subsection 1.

      4.  A teacher or other person who:

      (a) Is licensed pursuant to this chapter; and

      (b) Teaches or supervises:

             (1) Physical education; or

             (2) A course of study or an activity that the board of trustees of the school district in which the person is employed has identified as involving a high risk that cardiopulmonary resuscitation will need to be administered during the course of study or activity and for which the board of trustees has established a plan pursuant to subsection 1,

Ê shall establish and maintain current certification in the administration of cardiopulmonary resuscitation in accordance with the plan established by the board of trustees.

      5.  The board of trustees of a school district may enter into an agreement with a local fire department, a local law enforcement agency or a nonprofit organization to provide the training and certification required by the plan.

      (Added to NRS by 1997, 1715)

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

      (Added to NRS by 2003, 19th Special Session, 69)

      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.

      1.  A school district may enter into an agreement with a branch of the Nevada System of Higher Education or an accredited postsecondary educational institution which is licensed by the Commission on Postsecondary Education and which offers courses of study and training for the education of teachers which are approved or recognized by the State Board pursuant to NRS 391.038, for the assignment of students for training purposes as student teachers, counselors or trainees in a library, or for experience in a teaching laboratory. Students so assigned within the school district for training purposes may, under the direction and supervision of a licensed teacher, instruct and supervise pupils in the school, on the school grounds or on authorized field trips. The students so assigned are employees of the school district for purposes of NRS 41.038 and 41.039, while performing such authorized duties, whether or not the duties are performed entirely in the presence of the licensed teacher.

      2.  As used in this section:

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

      (b) “Postsecondary educational institution” has the meaning ascribed to it in NRS 394.099.

      (Added to NRS by 1975, 312; A 1987, 999; 1993, 340, 2203; 1995, 1383)

      NRS 391.096  Student teachers: Employment as substitute teachers; compensation; supervision by licensed teacher.

      1.  A board of trustees of a school district that has entered into an agreement pursuant to NRS 391.095 shall, before assigning a long-term substitute who is not a licensed teacher, assign a student teacher who satisfies the requirements of subsection 2 as a substitute teacher.

      2.  A student teacher who has completed not less than 4 weeks of student teaching in a school district pursuant to NRS 391.095 may apply to the board of trustees of that school district for employment as a substitute teacher. The application must include the written approval of:

      (a) The teacher who supervises the student teacher through the Nevada System of Higher Education or accredited postsecondary educational institution, as applicable; and

      (b) The teacher who is responsible for supervising the student teacher in the classroom.

      3.  If a school district employs a student teacher as a substitute teacher pursuant to this section, the school district shall ensure that the student teacher is:

      (a) Assigned to teach in the subject area and grade level, as applicable, in which the student teacher is completing his or her student teaching.

      (b) Supervised by a licensed teacher. A licensed teacher so assigned must:

             (1) Be available to assist the student teacher and observe the student teacher on a periodic basis; and

             (2) Oversee the management of the classroom, instructional duties and administrative duties of the student teacher.

      4.  A student teacher who is employed as a substitute teacher pursuant to this section is entitled to the rate of pay otherwise payable to substitute teachers employed by the school district for each day the student teacher works as a substitute teacher. Nothing in this section entitles a student teacher who is not employed as a substitute teacher to be paid for time spent completing his or her student teaching, including, without limitation, time spent completing course work and assignments required for completion of a program of study offered by the Nevada System of Higher Education or an accredited postsecondary educational institution.

      5.  Except as otherwise provided in this subsection, the board of trustees of a school district that employs a student teacher as a substitute teacher pursuant to this section shall, in consultation with the employee organization representing licensed teachers in the school district, provide for compensation of the licensed teacher who supervises the student teacher pursuant to subsection 3 that is in addition to the regular salary of the licensed teacher. The board of trustees is not required to provide additional compensation to:

      (a) A licensed teacher who is employed by the school district for the primary purpose of supervising student teachers and who is not otherwise employed for the purpose of providing classroom instruction to pupils; or

      (b) A licensed teacher who receives compensation from the Nevada System of Higher Education or an accredited postsecondary educational institution for supervising student teachers.

      6.  As used in this section, “student teacher” means a student of a branch of the Nevada System of Higher Education or an accredited postsecondary educational institution who is assigned to teach for training purposes pursuant to NRS 391.095.

      (Added to NRS by 2007, 1137)

NOTICE TO PARENTS AND GUARDIANS REGARDING QUALIFICATIONS OF TEACHERS AND PARAPROFESSIONALS

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

      1.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a public school, the board of trustees of the school district in which the school is located or the governing body of the charter school, as applicable, shall provide to the parent or guardian information regarding the professional qualifications of the pupil’s teachers. The State Board shall prescribe the time by which such information must be provided after receipt of the request by the school district or charter school. The information provided must include, without limitation:

      (a) For each teacher who provides instruction to the pupil:

             (1) Whether the teacher holds a license for the grade level and subject area in which the teacher provides instruction;

             (2) Whether the teacher is:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teacher is employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teacher is employed; and

             (3) The degree held by the teacher and any other graduate certification or degree held by the teacher, including, without limitation, the field in which each degree or certification was obtained; and

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

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

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

      (Added to NRS by 2003, 19th Special Session, 69)

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

      1.  If a pupil enrolled in a Title I school or a school that is rated as underperforming pursuant to the statewide system of accountability for public schools:

      (a) Is assigned to a teacher, as the pupil’s regular classroom teacher, who is not highly qualified; or

      (b) Has been taught for 4 consecutive weeks or more by a teacher who is not the pupil’s regular classroom teacher and who is not highly qualified,

Ê the principal of the school or the administrative head of the charter school, as applicable, shall provide notice of that fact to the parent or legal guardian of the pupil.

      2.  The State Board shall prescribe the date on which the notice required by subsection 1 must be provided. The notice must be provided in a uniform and understandable format and, to the extent practicable, in a language that parents and guardians can understand.

      3.  As used in this section, “highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (Added to NRS by 2003, 19th Special Session, 70; A 2013, 1932)

EMPLOYMENT AND SALARIES OF TEACHERS, PARAPROFESSIONALS AND OTHER EMPLOYEES

Employment

      NRS 391.100  Employment of personnel by trustees; certain teachers and paraprofessionals required to possess qualifications prescribed by federal law. [Parts of this section were replaced in revision in 2015 by NRS 391.102, 391.104 and 391.281.]

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

      2.  A person who is initially hired by the board of trustees of a school district on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he or she has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

      3.  A person who is employed as a teacher, regardless of the date of hire, must possess, on or before July 1, 2006, the qualifications required by 20 U.S.C. § 6319(a) if the person teaches:

      (a) English language arts;

      (b) Mathematics;

      (c) Science;

      (d) A foreign or world language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      4.  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. A person who is initially hired as a paraprofessional by a school district on or after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c). A person who is employed as a paraprofessional by a school district, regardless of the date of hire, to work in a program supported with Title I money must possess, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c). For the purposes of this paragraph, a person is not “initially hired” if he or she has been employed as a paraprofessional by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

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

      [332:32:1956] — (NRS A 1967, 450; 1971, 175; 1975, 614; 1979, 871, 1603; 1985, 287; 1987, 1000, 1481; 1989, 630; 1993, 2531; 1995, 1910; 1999, 3462; 2001, 2482; 2003, 2848; 2003, 19th Special Session, 72; 2015, 1737, 2100, 3827)

      NRS 391.102  Transfer of teacher or administrator evaluated as minimally effective or ineffective to another school; development of plan to address such assignments when principal of school does not consent.

      1.  Notwithstanding the provisions of any collective bargaining agreement or contract of employment to the contrary, before the board of trustees of a school district may transfer a teacher or administrator who has received an evaluation designating his or her overall performance as minimally effective or ineffective to another school as a result of decreased enrollment, administrative transfer or a reduction in workforce at a public school, the board of trustees of the school district must obtain the consent of the principal of the school to which the teacher or administrator is proposed to be transferred. If such consent is not obtained, the superintendent of schools of the school district:

      (a) May assign the teacher or administrator to a school within the district other than the school from which the teacher or administrator was transferred; and

      (b) May assign the teacher or administrator to the school at which the principal did not consent to the transfer of the teacher or administrator.

      2.  The superintendent of schools of a school district shall develop a plan to address the assignment of teachers or administrators who have received evaluations designating their overall performance as minimally effective or ineffective when the consent of a principal to a transfer pursuant to subsection 1 is not obtained. Such a plan must include, without limitation, a plan for any such teacher or administrator to receive assistance to help the teacher or administrator, as applicable, meet the standards for effective teaching, which may include, without limitation, peer assistance and review, participation in programs of professional development and other appropriate training.

      [332:32:1956] — (NRS A 1967, 450; 1971, 175; 1975, 614; 1979, 871, 1603; 1985, 287; 1987, 1000, 1481; 1989, 630; 1993, 2531; 1995, 1910; 1999, 3462; 2001, 2482; 2003, 2848; 2003, 19th Special Session, 72; 2015, 1737, 2100, 3827) — (Substituted in revision for part of NRS 391.100)

      NRS 391.104  School district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception.

      1.  Each applicant for employment pursuant to NRS 391.100, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the school district a full set of the applicant’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      2.  Except as otherwise provided in subsection 3, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

      (a) Sick leave;

      (b) Sabbatical leave;

      (c) Personal leave;

      (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;

      (e) Maternity leave; and

      (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

Ê to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

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

      [332:32:1956] — (NRS A 1967, 450; 1971, 175; 1975, 614; 1979, 871, 1603; 1985, 287; 1987, 1000, 1481; 1989, 630; 1993, 2531; 1995, 1910; 1999, 3462; 2001, 2482; 2003, 2848; 2003, 19th Special Session, 72; 2015, 1737, 2100, 3827) — (Substituted in revision for part of NRS 391.100)

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

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

      (a) Employ any person the board of trustees determines is qualified to serve as the superintendent of schools of the school district. The Commission may require the superintendent of any school district to hold a master’s degree.

      (b) Define the powers and fix the duties of the superintendent of schools.

      (c) Fix the salary of the superintendent of schools.

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

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

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

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

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

      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.

      1.  Boards of trustees of the school districts in this State may employ legally qualified teachers and other licensed personnel and may determine their salaries and the length of the term of school for which they are employed. These conditions and any other conditions agreed upon by the parties must be embodied in a written contract, or notice of reemployment, to be approved by the board of trustees and accepted and signed by the employee. A copy of the contract or notice of reemployment, properly written, must be delivered to each teacher or other licensed employee not later than the opening of the term of school.

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

      3.  It is unlawful for the board of trustees of any school district to employ any teacher who is not legally qualified to teach all the grades which the teacher is engaged to teach. Except as otherwise provided in NRS 391.3015, the board of trustees shall suspend or terminate, as applicable, the employment of any teacher who fails to maintain a license issued pursuant to this chapter in force, if such a license is required for employment. Any such suspension or termination must comply with the requirements of NRS 391.301 to 391.309, inclusive.

      4.  On or before November 15 of each year, the school district shall submit to the Department, in a form prescribed by the Superintendent of Public Instruction, the following information for each licensed employee employed by the school district on October 1 of that year:

      (a) The amount of salary of the employee; and

      (b) The designated assignment, as that term is defined by the Department, of the employee.

      [334:32:1956] — (NRS A 1967, 449; 1969, 127; 1979, 1604; 1987, 1001; 1993, 1432; 2003, 2820; 2007, 312)

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

      1.  If the board of trustees of a school district determines that a shortage of teachers exists within the school district in a particular subject area, the board of trustees may submit a written request to the Superintendent of Public Instruction to employ persons who are licensed teachers but who do not hold an endorsement to teach in the subject area for which there is a shortage of teachers at a public school within the school district that is not rated as underperforming pursuant to the statewide system of accountability for public schools. The Superintendent of Public Instruction may grant such a request if the Superintendent determines that a shortage of teachers exists in the subject area. If the Superintendent of Public Instruction grants a request pursuant to this subsection, a person who holds a license to teach but not an endorsement in the subject area for which the request was granted may be employed by the school district for not more than 2 school years to teach in that subject area at a public school within the school district that is not rated as underperforming pursuant to the statewide system of accountability for public schools.

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

      (Added to NRS by 2001 Special Session, 176; A 2003, 19th Special Session, 74; 2013, 1932)

      NRS 391.145  Involuntary transfer or reassignment of unlicensed employees.

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

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

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

      (Added to NRS by 1987, 1162) — (Substituted in revision for NRS 391.205)

      NRS 391.150  Payment of employees’ salaries from apportionment of public money; deductions from salary.  [Replaced in revision by NRS 391.175.]

 

      NRS 391.155  School districts required to submit biannual report to Interim Finance Committee concerning employment of consultants.  Each school district in this State that employs a consultant shall, at least once every 6 months, submit to the Interim Finance Committee a report setting forth:

      1.  The number of consultants employed by the school district;

      2.  The purpose for which the school district employs each consultant;

      3.  The amount of money or other remuneration received by each consultant from the school district; and

      4.  The length of time each consultant has been employed by the school district.

      (Added to NRS by 2011, 3104)

Salaries and Other Compensation

      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.]  The salaries of teachers and other employees must be determined by the character of the service required as described in NRS 391.161 to 391.169, inclusive. A school district shall not discriminate between male and female employees in the matter of salary.

      [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; 2007, 2385; 2015, 2314)

      NRS 391.161  Determination of salaries: Increased salary for certain teachers who are certified by the National Board for Professional Teaching Standards.  Each year when determining the salary of a teacher who holds certification issued by the National Board for Professional Teaching Standards, a school district shall add 5 percent to the salary that the teacher would otherwise receive in 1 year for the teacher’s classification on the schedule of salaries for the school district if:

      1.  On or before January 31 of the school year, the teacher has submitted evidence satisfactory to the school district of his or her current certification; and

      2.  The teacher is assigned by the school district to provide classroom instruction during that school year.

Ê No increase in salary may be given pursuant to this section during a particular school year to a teacher who submits evidence of certification after January 31 of that school year. For the first school year that a teacher submits evidence of his or her current certification, the board of trustees of the school district to whom the evidence was submitted shall pay the increase in salary required by this section retroactively to the beginning of that school year. Once a teacher has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this section is in addition to any other increase to which the teacher may otherwise be entitled.

      [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; 2007, 2385; 2015, 2314) — (Substituted in revision for part of NRS 391.160)

      NRS 391.162  Determination of salaries: Increased salary for certain speech-language pathologists.  Each year when determining the salary of a person who is employed by a school district as a speech-language pathologist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for the employee’s classification on the schedule of salaries for the school district if:

      1.  On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of the employee’s:

      (a) Licensure as a speech-language pathologist by the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board;

      (b) Certification as being clinically competent in speech-language pathology by:

             (1) The American Speech-Language-Hearing Association; or

             (2) A successor organization to the American Speech-Language-Hearing Association that is recognized and determined to be acceptable by the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board; and

      2.  The employee is assigned by the school district to serve as a speech-language pathologist during the school year.

Ê No increase in salary may be given pursuant to this section during a particular school year to an employee who submits evidence of licensure and certification after September 15 of that school year. Once an employee has submitted evidence of such licensure and certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this section is in addition to any other increase to which the employee may otherwise be entitled.

      [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; 2007, 2385; 2015, 2314) — (Substituted in revision for part of NRS 391.160)

      NRS 391.163  Determination of salaries: Increased salary for certain professional school library media specialists with additional certification.  Each year when determining the salary of a person who is employed by a school district as a professional school library media specialist, the school district shall add 5 percent to the salary that the employee would otherwise receive in 1 year for the employee’s classification on the schedule of salaries of the school district if:

      1.  On or before September 15 of the school year, the employee has submitted evidence satisfactory to the school district of the employee’s current certification as a professional school library media specialist issued by the National Board for Professional Teaching Standards; and

      2.  The employee is assigned by the school district to serve as a professional school library media specialist during that school year.

Ê No increase in salary may be given pursuant to this section during a particular school year to an employee who submits evidence of certification after September 15 of that school year. Once an employee has submitted evidence of such certification to the school district, the school district shall retain the evidence in its records, as applicable, for future school years. An increase in salary given in accordance with this section is in addition to any other increase to which the employee may otherwise be entitled.

      [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; 2007, 2385; 2015, 2314) — (Substituted in revision for part of NRS 391.160)

      NRS 391.166  Grant Fund for Incentives for Licensed Educational Personnel; program of incentive pay; submission of application for grant; approval of financial incentives by Interim Finance Committee; limitation on individual incentive; evaluation of program.  [Replaced in revision by NRS 391A.400.]

 

      NRS 391.167  Determination of salaries: Credit for previous teaching service.

      1.  In determining the salary of a licensed teacher who is employed by a school district after the teacher has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection 3:

      (a) Give the teacher the same credit for previous teaching service as the teacher was receiving from the teacher’s former employer at the end of his or her former employment;

      (b) Give the teacher credit for the teacher’s final year of service with his or her former employer, if credit for that service is not included in credit given pursuant to paragraph (a); and

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

      2.  A school district may give the credit required by subsection 1 for previous teaching service earned in another state if the Commission has approved the standards for licensing teachers of that state. The Commission shall adopt regulations that establish the criteria by which the Commission will consider the standards for licensing teachers of other states for the purposes of this subsection. The criteria may include, without limitation, whether the Commission has authorized reciprocal licensure of educational personnel from the state under consideration.

      3.  This section does not:

      (a) Require a school district to allow a teacher more credit for previous teaching service than the maximum credit for teaching experience provided for in the schedule of salaries established by it for its licensed personnel.

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

      4.  As used in this section, “previous teaching service” means the total of:

      (a) Any period of teaching service for which a teacher received credit from the teacher’s former employer at the beginning of his or her former employment; and

      (b) The teacher’s period of teaching service in his or her former employment.

      [338:32:1956] — (NRS A 1969, 1178; 1971, 75; 1979, 307, 1605; 1991, 817; 1993, 426; 1999, 1037, 1559; 2001, 1904; 2001 Special Session, 182; 2005, 2446; 2007, 2385; 2015, 2314) — (Substituted in revision for part of NRS 391.160)

      NRS 391.168  Establishment of program of performance pay and enhanced compensation for recruitment and retention of teachers and administrators.  [Replaced in revision by NRS 391A.450.]

 

      NRS 391.169  Determination of salaries: Credit for previous administrative service.

      1.  In determining the salary of a licensed administrator, other than the superintendent of schools, who is employed by a school district after the administrator has been employed by another school district in this State, the present employer shall, except as otherwise provided in subsection 2:

      (a) Give the administrator the same credit for previous administrative service as the administrator was receiving from the administrator’s former employer, at the end of his or her former employment;

      (b) Give the administrator credit for the administrator’s final year of service with his or her former employer, if credit for that service is not otherwise included in the credit given pursuant to paragraph (a); and

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

      2.  This section does not:

      (a) Require a school district to allow an administrator more credit for previous administrative service than the maximum credit for administrative experience provided for in the schedule of salaries established by it for its licensed personnel.

      (b) Permit a school district to deny an administrator credit for his or her previous administrative service on the ground that the service differs in kind from the administrative experience for which credit is otherwise given by the school district.

      3.  As used in this section, “previous administrative service” means the total of:

      (a) Any period of administrative service for which an administrator received credit from the administrator’s former employer at the beginning of his or her former employment; and

      (b) The administrator’s period of administrative service in his or her former employment.

      [338:32:1956] — (NRS A 1969, 1178; 1971, 75; 1979, 307, 1605; 1991, 817; 1993, 426; 1999, 1037, 1559; 2001, 1904; 2001 Special Session, 182; 2005, 2446; 2007, 2385; 2015, 2314) — (Substituted in revision for part of NRS 391.160)

      NRS 391.170  Conditions for receipt of public money as compensation by certain teachers and other employees; exception for charter schools.

      1.  Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless he or she:

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

      (b) Has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125, in the field for which he or she is employed, issued in accordance with law and in full force at the time the services are rendered.

      2.  The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school who are not required to be highly qualified pursuant to the provisions of NRS 388A.518.

      3.  As used in this section, “highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801.

      [339:32:1956] — (NRS A 1967, 818; 1977, 223; 1979, 1605; 1987, 1001; 1997, 1872; 2001, 3161; 2001 Special Session, 184; 2003, 282; 2015, 3307)

      NRS 391.175  Payment of salaries of certain teachers and other employees from apportionment of public money; deductions from salary.

      1.  Boards of trustees of school districts in this state may pay toward the salaries of teachers and other employees the public money apportioned to school districts for that purpose, by giving them orders therefor on the county auditor.

      2.  Boards of trustees may:

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

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

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

      [337:32:1956] — (NRS A 1965, 712; 1977, 804; 1979, 1604) — (Substituted in revision for NRS 391.150)

      NRS 391.180  Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school. [Effective through June 30, 2016.]

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

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

      3.  Nothing contained in this section prohibits the payment of employees’ compensation in 12 equal monthly payments for 9 or more months’ work.

      4.  The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted workdays in the year.

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

      6.  The salary of any employee unavoidably absent because of personal illness, accident or motor vehicle crash, or because of serious illness, accident, motor vehicle crash or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that the employee has accumulated must be transferred from the employee’s former school district or charter school to his or her new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:

      (a) Shall first use the sick leave credited to the employee from the district or charter school into which the employee transferred before using any of the transferred leave; and

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

      7.  Subject to the provisions of subsection 8:

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

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

      8.  If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his or her services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.

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

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

      (b) The governing body of a charter school pursuant to NRS 388A.533,

Ê the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.

      [340:32:1956] — (NRS A 1959, 205, 806; 1960, 31; 1965, 707; 1971, 648; 1973, 1292; 1977, 514; 1979, 296; 1987, 1001; 1991, 958; 1993, 1334; 1997, 1872; 1999, 1557; 2005, 951; 2015, 1667)

      NRS 391.180  Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school. [Effective July 1, 2016.]

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

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

      3.  Nothing contained in this section prohibits the payment of employees’ compensation in 12 equal monthly payments for 9 or more months’ work.

      4.  The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted workdays in the year.

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

      6.  The salary of any employee unavoidably absent because of personal illness, accident or motor vehicle crash, or because of serious illness, accident, motor vehicle crash or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that the employee has accumulated must be transferred from the employee’s former school district or charter school to his or her new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:

      (a) Shall first use the sick leave credited to the employee from the district or charter school into which the employee transferred before using any of the transferred leave; and

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

      7.  Subject to the provisions of subsection 8:

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

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

      8.  If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his or her services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.

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

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

      (b) The governing body of a charter school pursuant to NRS 388A.533 or 388B.400 to 388B.450, inclusive,

Ê the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.

      [340:32:1956] — (NRS A 1959, 205, 806; 1960, 31; 1965, 707; 1971, 648; 1973, 1292; 1977, 514; 1979, 296; 1987, 1001; 1991, 958; 1993, 1334; 1997, 1872; 1999, 1557; 2005, 951; 2015, 1667, 3813, effective July 1, 2016)

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

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

      2.  Teachers in a charter school,

Ê are prior claims upon the school district fund.

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

      NRS 391.205  Involuntary transfer or reassignment of unlicensed employees.  [Replaced in revision by NRS 391.145.]

 

NURSING SERVICES

      NRS 391.207  Supervision by chief nurse required; qualifications for employment as school nurse; designation of school employees authorized to administer auto-injectable epinephrine.  [Replaced in revision by NRS 391.291.]

 

      NRS 391.208  Duties of school nurse.  [Replaced in revision by NRS 391.292.]

 

POWERS, DUTIES AND SUPERVISION OF PERSONNEL

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

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

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

      1.  Except as otherwise provided in subsection 3, upon the opening of any public school in this state, every teacher and other licensed employee employed for that school shall file with the superintendent of the county school district a Nevada license entitling the holder to teach or perform other educational functions in the school in which he or she will be employed, and any other report that the Superintendent of Public Instruction requires.

      2.  The superintendent of the county school district shall acknowledge the receipt of each license and shall make a proper record thereof in the superintendent’s office. The license must remain on file and be safely kept in the office of the superintendent of the county school district.

      3.  This section does not apply to unlicensed teachers who are employed by a charter school.

      [345:32:1956] — (NRS A 1959, 806; 1960, 29; 1969, 128; 1971, 524; 1979, 1605; 1987, 1002; 1999, 3314)

      NRS 391.235  Board of trustees authorized to adopt policy to engage district-level administrators in classroom.

      1.  The board of trustees of each school district may adopt a policy that sets forth procedures and conditions for a program to engage administrators employed by the school district at the district level in annual classroom instruction, observation and other activities in a manner that is appropriate for the responsibilities, position and duties of the administrators. If the board of trustees adopts such a policy, the policy must require each administrator employed by the school district at the district level to:

      (a) If the administrator holds a license to teach, provide instruction in a core academic subject in a classroom for at least 1 regularly scheduled full instructional day in each school year; or

      (b) If the administrator does not hold a license to teach:

            (1) Personally observe a classroom for at least one-half of a regularly scheduled full instructional day in each school year; or

             (2) Otherwise participate in activities with pupils in the classroom in each school year, including, without limitation, serving as a guest speaker in the classroom, reading to pupils in elementary school and participating in career day.

      2.  If the board of trustees of a school district adopts a policy pursuant to subsection 1, a district-level administrator may choose a school within the school district at which the administrator will carry out the provisions of this section.

      3.  If the board of trustees of a school district adopts a policy pursuant to subsection 1, an administrator who provides instruction pursuant to paragraph (a) of subsection 1 must be assigned as a substitute teacher for the full instructional day in which the administrator carries out the provisions of this section.

      4.  The provisions of this section do not apply to administrators who are employed by a school district to provide administrative service at the school level, including, without limitation, a principal or vice principal.

      5.  As used in this section, “core academic subject” means the core academic subjects designated pursuant to NRS 389.018.

      (Added to NRS by 2007, 2452; A 2011, 3500)

      NRS 391.240  Teachers: Keeping register of pupils.

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

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

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

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

      1.  Except as otherwise provided in subsection 2, each teacher in the public schools shall enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools.

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

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

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

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

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

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

      [349:32:1956]

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

      1.  If a person who is or was employed by a school district is charged by criminal complaint with assault, battery or a similar crime as a result of the employee’s actions in attempting to maintain a safe or peaceful school environment, the school district shall, as soon as practicable, provide for the legal defense of the employee in that case. The school district shall not require a waiver of the attorney-client privilege as a condition of providing the defense.

      2.  In any case in which the school district is required to provide for an employee’s legal defense pursuant to subsection 1, the court shall include in its judgment a finding as to whether the conduct of the defendant which was alleged to be criminal was within the scope of his or her employment and whether the conduct was malicious or wanton.

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

      (Added to NRS by 1989, 1991)

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

      1.  Except as otherwise provided in this section and except for persons who are supervised pursuant to NRS 391.096, the unlicensed personnel of a school district must be directly supervised by licensed personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed personnel are in the immediate location of the licensed personnel and are readily available during such times when supervision is required.

      2.  Unlicensed personnel who are exempted pursuant to subsection 4, 5 or 6 must be under administrative supervision when performing any duties which are instructional in nature.

      3.  Unlicensed personnel may temporarily perform duties under administrative supervision which are not primarily instructional in nature.

      4.  Except as otherwise provided in subsection 7, upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 pursuant to subsection 5 or 6.

      5.  Except as otherwise provided in subsection 6, the Superintendent shall not grant an exemption from the provisions of subsection 1 unless:

      (a) The duties are within the employee’s special expertise or training;

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

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

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

      (e) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.

      6.  Upon application by a superintendent of schools, the Superintendent of Public Instruction may grant an exemption from the provisions of subsection 1 if:

      (a) The duties of the unlicensed employee relate to the supervision of pupils attending a course of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, while the pupils are receiving instruction from a licensed employee remotely through any electronic means of communication; and

      (b) The unlicensed employee submits his or her fingerprints for an investigation pursuant to NRS 391.033.

      7.  The exemption authorized by subsection 4, 5 or 6 does not apply to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto require the paraprofessional to be directly supervised by a licensed teacher.

      8.  The Superintendent of Public Instruction shall file a record of all exempt personnel with the clerk of the board of trustees of each local school district, and advise the clerk of any changes therein. The record must contain:

      (a) The name of the exempt employee;

      (b) The specific instructional duties the exempt employee may perform;

      (c) Any terms or conditions of the exemption deemed appropriate by the Superintendent of Public Instruction; and

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

      9.  The Superintendent of Public Instruction may adopt regulations prescribing the procedure to apply for an exemption pursuant to this section and the criteria for the granting of such exemptions.

      10.  Except in an emergency, it is unlawful for the board of trustees of a school district to allow a person employed as a teacher’s aide to serve as a teacher unless the person is a legally qualified teacher licensed by the Superintendent of Public Instruction. As used in this subsection, “emergency” means an unforeseen circumstance which requires immediate action and includes the fact that a licensed teacher or substitute teacher is not immediately available.

      11.  If the Superintendent of Public Instruction determines that the board of trustees of a school district has violated the provisions of subsection 10, the Superintendent shall take such actions as are necessary to reduce the amount of money received by the district pursuant to NRS 387.124 by an amount equal to the product when the following numbers are multiplied together:

      (a) The number of days on which the violation occurred;

      (b) The number of pupils in the classroom taught by the teacher’s aide; and

      (c) The number of dollars of basic support apportioned to the district per pupil per day pursuant to NRS 387.1223.

      12.  Except as otherwise provided in this subsection, a person employed as a teacher’s aide or paraprofessional may monitor pupils in a computer laboratory without being directly supervised by licensed personnel. The provisions of this subsection do not apply to a paraprofessional if the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto require the paraprofessional to be directly supervised by a licensed teacher.

      13.  The provisions of this section do not apply to unlicensed personnel who are employed by the governing body of a charter school, unless a paraprofessional employed by the governing body is required to be directly supervised by a licensed teacher pursuant to the provisions of 20 U.S.C. § 6319 and the regulations adopted pursuant thereto.

      (Added to NRS by 1987, 1480; A 1989, 2146; 1999, 3314; 2003, 19th Special Session, 74; 2007, 1138; 2013, 1514, 1690)

      NRS 391.274  Policy prescribing duties, roles and responsibilities of school counselors; limitation on time school counselors required to assist with test administration.  The board of trustees of each school district shall adopt a policy that sets forth the duties, roles and responsibilities of persons who are licensed pursuant to this chapter and employed as school counselors. The policy must:

      1.  Be designed to ensure that school counselors are allotted sufficient time in each school year to carry out the duties relating to counseling, including, without limitation, assisting pupils with academic planning; and

      2.  Limit the amount of time that school counselors are required to assist with test administration and test coordination at a public school.

      (Added to NRS by 2007, 2179)

      NRS 391.275  Jurisdiction of school police officers.  [Replaced in revision by NRS 391.282.]

 

PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS

      NRS 391.278  Program to train employees who operate boiler or other pressure vessel.  [Replaced in revision by NRS 391A.300.]

 

EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT

      NRS 391.280  Attendance of licensed employees at conference.  [Replaced in revision by NRS 391A.350.]

 

SCHOOL POLICE OFFICERS; POLICE SERVICES

      NRS 391.281  School police officers; contract for police services.

      1.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the school district a full set of the applicant’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      2.  The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer, including any school police officer that provides services to a charter school pursuant to a contract entered into with the board of trustees pursuant to NRS 388A.384. In addition, persons who provide police services pursuant to subsection 3 or 4 shall be deemed school police officers.

      3.  The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to NRS 388A.384. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district, including, without limitation, any charter school with which the school district has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property owned by the school district and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.

      4.  The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district, including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.

      [332:32:1956] — (NRS A 1967, 450; 1971, 175; 1975, 614; 1979, 871, 1603; 1985, 287; 1987, 1000, 1481; 1989, 630; 1993, 2531; 1995, 1910; 1999, 3462; 2001, 2482; 2003, 2848; 2003, 19th Special Session, 72; 2015, 1737, 2100, 3827) — (Substituted in revision for part of NRS 391.100)

      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.

      1.  The jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district and, if the board of trustees has entered into a contract with a charter school for the provision of school police officers pursuant to NRS 388A.384, all property, buildings and facilities in which the charter school is located, for the purpose of:

      (a) Protecting school district personnel, pupils, or real or personal property; or

      (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      2.  In addition to the jurisdiction set forth in subsection 1, a school police officer of a school district has jurisdiction:

      (a) Beyond the school property, buildings and facilities when in hot pursuit of a person believed to have committed a crime;

      (b) At activities or events sponsored by the school district that are in a location other than the school property, buildings or facilities within the school district; and

      (c) When authorized by the superintendent of schools of the school district, on the streets that are adjacent to the school property, buildings and facilities within the school district for the purpose of issuing traffic citations for violations of traffic laws and ordinances during the times that the school is in session or school-related activities are in progress.

      3.  A law enforcement agency that is contacted for assistance by a public school or private school which does not have school police shall respond according to the protocol of the law enforcement agency established for responding to calls for assistance from the general public.

      (Added to NRS by 1971, 2078; A 1979, 1606; 1989, 630; 2007, 927, 1921; 2015, 1739) — (Substituted in revision for NRS 391.275)

      NRS 391.283  Policy for procedures to be followed by peace officers in arresting pupil on school grounds during school hours.

      1.  The board of trustees of each school district, in conjunction with the school police officers of the school district, if any, and the local law enforcement agencies that have jurisdiction over the school district, shall establish a policy for the procedures which must be followed by a peace officer in arresting a pupil on school grounds during school hours. The policy must include the circumstances under which the chief administrative officer of a school must be notified of the arrest of a pupil.

      2.  Each law enforcement agency that has jurisdiction over any part of a school district shall adopt the policy which is established pursuant to subsection 1.

      (Added to NRS by 1993, 853) — (Substituted in revision for NRS 392.855)

      NRS 391.285  Suspension of licensed employee for unexcused absence from conference.  [Replaced in revision by NRS 391A.355.]

 

      NRS 391.290  Payment of expenses of travel and living for administrators and teachers attending conference.  [Replaced in revision by NRS 391A.360.]

 

SCHOOL NURSES

      NRS 391.291  Supervision by chief nurse required; qualifications for employment as school nurse; designation of school employees authorized to administer auto-injectable epinephrine.

      1.  The provision of nursing services in a school district by school nurses and other qualified personnel must be under the direction and supervision of a chief nurse who is a registered nurse as provided in NRS 632.240 and who:

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

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

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

      3.  The chief nurse shall ensure that each school nurse:

      (a) Coordinates with the principal of each school to designate employees of the school who are authorized to administer auto-injectable epinephrine; and

      (b) Provides the employees so designated with training concerning the proper storage and administration of auto-injectable epinephrine.

      (Added to NRS by 1991, 1697; A 2001, 540; 2013, 1225) — (Substituted in revision for NRS 391.207)

      NRS 391.292  Duties of school nurse.  A school nurse shall, for each school at which he or she is responsible for providing nursing services:

      1.  Ensure that each pupil enrolled in the school has been immunized in accordance with, is exempt from or has otherwise complied with, the requirements set forth in NRS 392.435 to 392.446, inclusive.

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

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

      (a) A parent or guardian of the pupil;

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

      (c) Other professional personnel within the school district who need the information to assist the pupil with the pupil’s health or education.

      4.  Design and carry out a plan of nursing care for a pupil with special needs which incorporates any plan specified by the pupil’s physician or provider of health care, as defined in NRS 629.031, and which is approved by the pupil’s parent or guardian. The nursing services provided pursuant to a plan of nursing care must be performed in compliance with chapter 632 of NRS.

      5.  When appropriate, refer a pupil and the pupil’s parent or guardian to other sources in the community to obtain services necessary for the health of the pupil.

      6.  Interpret medical and nursing information that relates to a pupil’s individual educational plan or individualized accommodation plan and make recommendations to:

      (a) Professional personnel directly involved with that pupil; and

      (b) The parents or guardian of that pupil.

      (Added to NRS by 1991, 1697; A 2001, 540) — (Substituted in revision for NRS 391.208)

      NRS 391.295  Transportation of personnel to and from conference.  [Replaced in revision by NRS 391A.365.]

 

      NRS 391.298  Focus and structure of scheduled professional development.  [Replaced in revision by NRS 391A.375.]

 

SUSPENSION AND TERMINATION OF EMPLOYEE FOR FAILURE TO MAINTAIN VALID LICENSE

      NRS 391.301  “Employee” defined.  As used in NRS 391.301 to 391.309, inclusive, unless the context otherwise requires, “employee” means a person who:

      1.  Is employed by a school district in this State; and

      2.  Is required, as a condition of his or her employment, to hold a license issued pursuant to this chapter.

      (Added to NRS by 2003, 2817; A 2007, 312)

      NRS 391.3015  Limited exception from provisions for lapse of license during time school is in session.

      1.  Except as otherwise provided by subsection 3, if the license of an employee lapses during a time that school is in session:

      (a) The school district that employs him or her shall provide written notice to the employee of the lapse of the employee’s license and of the provisions of this section;

      (b) The employee must not be suspended from employment for the lapsed license for a period of 90 days after the date of the notice pursuant to paragraph (a) or the end of the school year, whichever is longer; and

      (c) The employee’s license shall be deemed valid for the period described in paragraph (b) for purposes of the employee’s continued employment with the school district during that period.

      2.  If a school district complies with subsection 1 and an employee fails to reinstate his or her license within the time prescribed in paragraph (b) of subsection 1, his or her employment shall be deemed terminated at the end of the period described in paragraph (b) of subsection 1 and the school district is not otherwise required to comply with NRS 391.301 to 391.309, inclusive.

      3.  The provisions of this section do not apply to an employee whose license has been suspended or revoked by the State Board pursuant to NRS 391.320 to 391.361, inclusive.

      (Added to NRS by 2007, 311)

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

      1.  Except as otherwise provided in NRS 391.3015, if an employee fails to maintain his or her license in force, the school district that employs him or her shall:

      (a) Immediately suspend the employee without pay; and

      (b) Terminate his or her employment if the employee fails to reinstate his or her license within the time prescribed by subsection 2 of NRS 391.305.

      2.  If an employee is suspended pursuant to this section and, within 90 days after the date of suspension, is granted by the Department or Commission an extension of time or any other relief which has the effect of reinstating or continuing his or her license in force, the suspension of the employee is ineffective and the school district shall immediately reinstate the employee while the employee’s license remains in force. The employee must be reinstated to the position the employee held at the time of his or her suspension. If the employee thereafter fails again to maintain his or her license in force, the school district shall again suspend the employee without pay and proceed in accordance with NRS 391.305, 391.308 and 391.309.

      (Added to NRS by 2003, 2817; A 2007, 312)

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

      1.  If a school district is required to suspend an employee pursuant to NRS 391.302, the superintendent of schools of the school district shall provide written notice of the suspension to the employee by personal delivery or by certified mail. The notice must:

      (a) Include a copy of the text of the provisions of NRS 391.301 to 391.309, inclusive;

      (b) Inform the employee that his or her employment will be terminated unless the employee reinstates his or her license within the time prescribed by subsection 2;

      (c) Set forth the date on which the period for reinstatement of the employee’s license will expire;

      (d) Advise the employee of his or her right to a hearing pursuant to NRS 391.308;

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

      (f) Set forth the name and address of the person to whom a request for a hearing should be directed.

      2.  If an employee reinstates his or her license:

      (a) Within 90 days after the date of the notice of suspension; or

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

Ê the school district shall immediately reinstate the employee to the position that the employee held at the time of the employee’s suspension.

      3.  If an employee fails to reinstate his or her license within the time prescribed by subsection 2, his or her employment shall be deemed to have terminated as of the date of the employee’s suspension pursuant to NRS 391.302. The superintendent of schools of the school district shall provide written notice of the termination to the employee by personal delivery or by certified mail. The failure of the employee to receive the notice required by this subsection does not render the termination ineffective.

      (Added to NRS by 2003, 2817)

      NRS 391.308  Hearing to 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 district pursuant to NRS 391.302 is entitled to a hearing if the employee makes a timely request for a hearing, as set forth in this section. A request for a hearing must:

      (a) Be received, within 15 days after the date of the notice of suspension, by the person designated by the school district pursuant to paragraph (f) of subsection 1 of NRS 391.305;

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

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

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

      3.  If a timely request for a hearing is made, the superintendent of schools of the school district or the superintendent’s designee shall convene a hearing to consider whether extenuating circumstances exist that warrant an extension of the time prescribed by paragraph (a) of subsection 2 of NRS 391.305 for reinstatement of the employee’s license.

      4.  A hearing required by this section must be held within 20 days after the date of notice of suspension. The employee and the school district are each entitled to:

      (a) Present evidence;

      (b) Cross-examine witnesses; and

      (c) Be represented by counsel or any other person.

      5.  Immediately upon conclusion of the hearing, the superintendent of schools of the school district or the superintendent’s designee shall issue a ruling. The ruling must:

      (a) State whether the employee will be granted an extension of time for reinstatement of the employee’s license;

      (b) Set forth the factual basis for his or her determination; and

      (c) State the date on which an extension, if any, will expire.

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

      7.  If an employee is granted an extension of time pursuant to this section, that extension is effective only for the purposes of the employment relationship between the school district and the employee and is not binding on the Department or Commission.

      (Added to NRS by 2003, 2818)

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

      1.  Limit any right or remedy an employee may have against an agency or official of this state based upon the loss of the employee’s license.

      2.  Preclude a school district from employing a person as a substitute teacher or in any other position for which the person is legally qualified.

      (Added to NRS by 2003, 2819)

      NRS 391.311  Definitions.  [Replaced in revision by NRS 391.650.]

 

      NRS 391.3115  Applicability of NRS 391.311 to 391.3197, inclusive; exceptions.  [Replaced in revision by NRS 391.655.]

 

      NRS 391.3116  Contract negotiated by collective bargaining may supersede provisions of NRS 391.311 to 391.3197, inclusive; exception for certain employees deemed probationary.  [Replaced in revision by NRS 391.660.]

 

      NRS 391.31211  For 2013-2014 school year: Application by school district to opt out of delay of implementation of statewide performance evaluation system; school district with approved application not required to participate in validation study.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31212  For 2014-2015 school year: Application by school district to opt out of delay of implementation of statewide performance evaluation system; school district with approved application not required to participate in validation study.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31213  Validation study of statewide performance evaluation system; selection of representative sample of teachers and administrators to participate; disciplinary decisions must not be based on evaluations conducted under validation study.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31214  Policy for evaluations of teachers and other licensed educational personnel instead of NRS 391.3125 during validation study.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31215  Policy for evaluation of administrators instead of NRS 391.3127 during validation study.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31216  Status of probationary employees during validation study.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31217  Report to Interim Finance Committee on results of 2013-2014 validation study; determination by Interim Finance Committee whether all school districts prepared to implement statewide performance evaluation system.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31218  Observation schedule for postprobationary teachers and administrators if statewide performance evaluation system implemented for 2014-2015 school year.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.31219  Observation schedule for postprobationary teachers and administrators if statewide performance evaluation system implemented for 2015-2016 school year.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.3122  Validation study of counselors, librarians and certain other educational personnel for 2014-2015 school year.  Repealed. (See chapter 415, Statutes of Nevada 2015, at page 2415.)

 

      NRS 391.3123  Implementation of statewide performance evaluation system for counselors, librarians and certain other licensed educational personnel for 2015-2016 school year.  [Replaced in revision by NRS 391.675.]

 

      NRS 391.3125  Policy for evaluations of licensed educational personnel; number of evaluations and observation schedule; request by postprobationary teacher for another evaluator; recommendations and assistance for employee; copy of evaluation.  [Replaced in revision by NRS 391.680, 391.685, 391.690 and 391.695.]

 

      NRS 391.3127  Policy for evaluations of administrators; number of evaluations and observation schedule; request by postprobationary administrator for another evaluator; recommendations and assistance for employee; procedures for transfer or reassignment and appeal to board.  [Replaced in revision by NRS 391.700, 391.705, 391.710, 391.715 and 391.720.]

 

      NRS 391.3128  Evaluation designating performance of probationary employee as minimally effective or ineffective: Contents of written statement included in evaluation; request for another evaluator; request for assistance in improving performance.  [Replaced in revision by NRS 391.725.]

 

      NRS 391.3129  Evaluation designating performance of postprobationary employee as minimally effective or ineffective: Circumstances under which employee deemed probationary and required to serve additional probationary period.  [Replaced in revision by NRS 391.730.]

 

      NRS 391.31297  Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance.  [Replaced in revision by NRS 391.750.]

 

      NRS 391.313  Admonition of licensed employee: Duty of administrator; removal from records; when admonition not required.  [Replaced in revision by NRS 391.755.]

 

      NRS 391.314  Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension.  [Replaced in revision by NRS 391.760.]

 

      NRS 391.315  Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer.  [Replaced in revision by NRS 391.765.]

 

      NRS 391.3161  Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer.  [Replaced in revision by NRS 391.770.]

 

      NRS 391.317  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.  [Replaced in revision by NRS 391.775.]

 

      NRS 391.318  Request for hearing: Action by superintendent.  [Replaced in revision by NRS 391.780.]

 

      NRS 391.3192  Procedures for hearing; payment for expenses of hearing officer and transcript.  [Replaced in revision by NRS 391.785.]

 

      NRS 391.31925  Person with communications disability entitled to use of registered legal interpreter at hearing.  [Replaced in revision by NRS 391.790.]

 

      NRS 391.3193  Written report of hearing: Contents; final and binding if so agreed; time limited for filing.  [Replaced in revision by NRS 391.795.]

 

      NRS 391.3194  Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.  [Replaced in revision by NRS 391.800.]

 

      NRS 391.3196  Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.  [Replaced in revision by NRS 391.810.]

 

      NRS 391.31965  Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception.  [Replaced in revision by NRS 391.815.]

 

      NRS 391.3197  Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances; request for expedited hearing if dismissed before completion of current school year.  [Replaced in revision by NRS 391.820.]

 

SUSPENSION AND REVOCATION OF LICENSES

      NRS 391.320  Suspension or revocation of teacher’s license by State Board.  The State Board of Education may suspend or revoke the license of any teacher for any cause specified by law.

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

      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.]

      1.  If the State Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license issued pursuant to this chapter, the State Board shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The State Board shall reinstate a license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the State Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2049)

      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.

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

      2.  A notice given pursuant to subsection 1 must contain:

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

      (b) A copy of the recommendation received by the State Board;

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

      (d) A statement that the grounds and procedure for the suspension or revocation of a license are set forth in NRS 391.320 to 391.361, inclusive.

      3.  A licensee to whom notice has been given pursuant to this section may request a hearing before a hearing officer selected pursuant to subsection 4. Such a request must be in writing and must be filed with the Superintendent of Public Instruction within 15 days after receipt of the notice by the licensee.

      4.  Upon receipt of a request filed pursuant to subsection 3, the Superintendent of Public Instruction shall request from the Hearings Division of the Department of Administration a list of potential hearing officers. The licensee requesting a hearing and the Superintendent of Public Instruction shall select a person to serve as hearing officer from the list provided by the Hearings Division of the Department of Administration by alternately striking one name until the name of only one hearing officer remains. The Superintendent of Public Instruction shall strike the first name.

      5.  Except as otherwise provided in subsection 6, if no request for a hearing is filed within the time specified in subsection 3, the State Board may suspend or revoke the license or take no action on the recommendation.

      6.  If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license, the State Board shall immediately process the recommendation in accordance with the provisions of NRS 391.320 to 391.361, inclusive. If no request for a hearing is filed within the time specified in subsection 3, the State Board may accept, reject or modify the recommendation.

      (Added to NRS by 1993, 857; A 2005, 465; 2007, 427)

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

      1.  Unless the parties agree to a later date, within 30 days after the selection of a hearing officer pursuant to NRS 391.322, the hearing officer shall conduct a hearing. Within 15 days after the conclusion of the hearing, the hearing officer shall prepare and file with the Superintendent of Public Instruction a report containing:

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

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

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

      (Added to NRS by 1993, 858; A 2015, 2102)

      NRS 391.330  Grounds for suspension or revocation of license.  The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

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

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

      7.  Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.

      8.  Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 or 390.600 and the college and career readiness assessment administered pursuant to NRS 390.610.

      9.  Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275.

      10.  An intentional violation of NRS 388.497 or 388.499.

      11.  Knowingly and willfully failing to comply with the provisions of NRS 388.1351.

      [355:32:1956] — (NRS A 1975, 538; 1977, 1634; 1979, 1612; 1987, 1011; 1993, 858; 1999, 1435, 3242; 2001, 1212; 2003, 1396; 2013, 3282; 2015, 418)

      NRS 391.340  Revocation or forfeiture for falsely reporting pupils’ attendance.  Any teacher, principal or superintendent who knowingly reports, causes to be reported, or permits the report of the presence of any pupil at school when the pupil is absent, or when school is not in session, forfeits his or her license or subjects it to revocation. The license may not be restored or a new one granted within 1 year after the forfeiture or revocation.

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

      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.

      1.  Any teacher or other licensed employee employed by any board for a specified time who willfully refuses or fails to fulfill his or her employment obligations after the employee has notified the board of his or her acceptance of employment under subsection 4 of NRS 391.810 or subsection 4 of NRS 391.820 or to comply with the provisions of his or her contract after it has been signed without first obtaining the written consent of the board may be found guilty of unprofessional conduct. The board shall not unreasonably withhold its consent.

      2.  Any administrator who willfully secures the signature on a statement of intent to accept employment of any teacher or other licensed employee who has notified the board of another school district in this State of his or her acceptance of employment is guilty of unprofessional conduct, unless the employee has first obtained the written consent of the board to which he or she has given notice of acceptance. If the failure or refusal to comply with the provisions of the contract is the result of having subsequently executed an employment contract with another board in this State without the written consent of the board first employing him or her, the second contract is void.

      3.  Upon receiving a formal complaint from the board, substantiated by conclusive evidence of a teacher’s failure or refusal under subsection 1 or that an administrator has willfully secured such a signature, the State Board may suspend or revoke the license of the teacher or administrator after notice and opportunity for a hearing have been provided pursuant to NRS 391.322 and 391.323.

      4.  The Superintendent of Public Instruction shall notify state agencies for education in other states of any revocation pursuant to this section.

      [357:32:1956] — (NRS A 1959, 807; 1967, 967; 1975, 539; 1979, 1612; 1985, 1089; 1987, 1012; 1993, 858; 2015, 47)

      NRS 391.355  Procedure for conduct of hearings.

      1.  The State Board shall adopt rules of procedure for the conduct of hearings conducted pursuant to NRS 391.323.

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

      3.  A hearing officer selected pursuant to NRS 391.322 shall, upon the request of a party, issue subpoenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings conducted pursuant to NRS 391.323.

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

      NRS 391.361  Charges not to become part of employee’s permanent record if State Board of Education determines evidence insufficient.  If charges are brought against a teacher, administrator or other educational personnel for the suspension or revocation of his or her license and the State Board of Education determines that there is not sufficient evidence to suspend or revoke the license, the complaint and any related documents must not be made a part of that person’s permanent employment record.

      (Added to NRS by 1987, 997)

BENEFITS AND ANNUITIES

      NRS 391.375  Plan of school district for extension of benefits of social security to substitute teachers; approval by state agency.  Every school district in the State shall submit, for approval by the state agency, as that term is defined in NRS 287.130, its plan for extending the benefits of Title II of the Social Security Act to licensed public school teachers in the position of substitute teachers, immediately upon receiving a request for such coverage pursuant to the provisions of NRS 287.190.

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

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

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

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

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

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

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

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

      4.  The shares purchased must be those of a regulated investment company as permitted under 26 U.S.C. § 403(b)(7).

      (Added to NRS by 1965, 712; A 1975, 1065; 1985, 794)

TRAINING AND EDUCATION OF PERSONNEL WHO WORK WITH PUPILS WITH AUTISM SPECTRUM DISORDERS

      NRS 391.400  Definitions.  [Replaced in revision by NRS 391A.250.]

 

      NRS 391.405  Creation of Grant Fund; acceptance of gifts and grants; uses of money in Fund; application for grant by school districts and charter schools.  [Replaced in revision by NRS 391A.255.]

 

      NRS 391.410  Training required for certain personnel; authorization for school districts and charter schools to contract for provision of training; limitation on requirements to extent of available money.  [Replaced in revision by NRS 391A.260.]

 

      NRS 391.415  Training required for certain personnel to assist parents and guardians of pupils with autism spectrum disorders; limitation on requirements to extent of available money.  [Replaced in revision by NRS 391A.265.]

 

      NRS 391.420  Training required for certain paraprofessionals; authorization for school districts and charter schools to contract for provision of training; limitation on requirements to extent of available money.  [Replaced in revision by NRS 391A.270.]

 

TEACHERS AND LEADERS COUNCIL OF NEVADA; STATEWIDE PERFORMANCE EVALUATION SYSTEM

      NRS 391.450  “Council” defined.  As used in NRS 391.450 to 391.470, inclusive, “Council” means the Teachers and Leaders Council of Nevada created by NRS 391.455.

      (Added to NRS by 2011, 3085; A 2013, 3157)

      NRS 391.455  Creation of Council; membership; terms; election of Chair; meetings and quorum; allowance and travel expenses; administrative support by Department.

      1.  There is hereby created the Teachers and Leaders Council of Nevada consisting of the following 15 members:

      (a) The Superintendent of Public Instruction, or his or her designee, who serves as an ex officio member of the Council.

      (b) The Chancellor of the Nevada System of Higher Education, or his or her designee, who serves as an ex officio member of the Council.

      (c) Four teachers in public schools appointed by the Governor from a list of nominees submitted by the Nevada State Education Association. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.

      (d) Two administrators in public schools appointed by the Governor from a list of nominees submitted by the Nevada Association of School Administrators and one superintendent of schools of a school district appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents. The members appointed pursuant to this paragraph must represent the geographical diversity of the school districts in this State.

      (e) Two persons who are members of boards of trustees of school districts and who are appointed by the Governor from a list of nominees submitted by the Nevada Association of School Boards.

      (f) One representative of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120 appointed by the Governor from a list of nominees submitted by the Nevada Association of School Superintendents.

      (g) One parent or legal guardian of a pupil enrolled in public school appointed by the Governor from a list of nominees submitted by the Nevada Parent Teacher Association.

      (h) Two persons with expertise in the development of public policy relating to education appointed by the Superintendent of Public Instruction. The members appointed pursuant to this paragraph must not otherwise be eligible for appointment pursuant to paragraphs (a) to (g), inclusive.

      2.  After the initial terms, each appointed member of the Council serves a term of 3 years commencing on July 1 and may be reappointed to one additional 3-year term following his or her initial term. If any appointed member of the Council ceases to be qualified for the position to which he or she was appointed, the position shall be deemed vacant and the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.

      3.  The Council shall, at its first meeting and annually thereafter, elect a Chair from among its members.

      4.  The Council shall meet at least semiannually and may meet at other times upon the call of the Chair or a majority of the members of the Council. Nine members of the Council constitute a quorum, and a quorum may exercise all the power and authority conferred on the Council.

      5.  Members of the Council serve without compensation, except that for each day or portion of a day during which a member of the Council attends a meeting of the Council or is otherwise engaged in the business of the Council, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  A member of the Council who is a public employee must be granted administrative leave from the member’s duties to engage in the business of the Council without loss of his or her regular compensation. Such leave does not reduce the amount of the member’s other accrued leave.

      7.  The Department shall provide administrative support to the Council.

      8.  The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 391.460.

      (Added to NRS by 2011, 3085)

      NRS 391.460  Recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces. [Effective through June 30, 2016.]

      1.  The Council shall:

      (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:

             (1) Evaluated using multiple, fair, timely, rigorous and valid methods;

             (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

             (3) Provided with the means to share effective educational methods with other teachers and administrators throughout this State.

      (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

      (c) Consider the role of professional standards for teachers and administrators to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

      (d) Develop and recommend to the State Board a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

      2.  The performance evaluation system recommended by the Council must ensure that:

      (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers and administrators; and

      (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

      3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

      4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

      (Added to NRS by 2011, 3086; A 2013, 3157; 2015, 2410)

      NRS 391.460  Recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces. [Effective July 1, 2016.]

      1.  The Council shall:

      (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level and administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:

             (1) Evaluated using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil achievement data as required by NRS 391.465;

             (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

             (3) Provided with the means to share effective educational methods with other teachers and administrators throughout this State.

      (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

      (c) Consider the role of professional standards for teachers and administrators to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

      (d) Develop and recommend to the State Board a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

      2.  The performance evaluation system recommended by the Council must ensure that:

      (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers and administrators; and

      (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

      3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

      4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

      (Added to NRS by 2011, 3086; A 2013, 3157; 2015, 2410, 2411, effective July 1, 2016)

      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. [Effective through June 30, 2016.]

      1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      (d) Include a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.

      3.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      (Added to NRS by 2011, 3087; A 2013, 3158; 2015, 2411, 3833)

      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. [Effective July 1, 2016, through June 30, 2017.]

      1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil achievement data account for at least 20 percent of the evaluation.

      (d) Except as otherwise provided in subsection 3, prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c) which must require that:

             (1) Pupil achievement data derived from statewide examinations and assessments must account for at least 10 percent of the evaluation of a teacher or administrator, as applicable; and

             (2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least 10 percent of the evaluation.

      (e) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      (f) Include a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.

      3.  The State Board shall, by regulation, designate the assessments that may be used by a school district to determine pupil achievement pursuant to subparagraph (2) of paragraph (d) of subsection 2. The board of trustees of a school district may select one or more of the assessments designated by the State Board to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment to determine pupil achievement.

      4.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      (Added to NRS by 2011, 3087; A 2013, 3158; 2015, 2411, 2412, 3833, effective July 1, 2016)

      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. [Effective July 1, 2017.]

      1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 4, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Minimally effective; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a).

      (c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil achievement data account for at least 40 percent of the evaluation.

      (d) Except as otherwise provided in subsection 3, prescribe the pupil achievement data that must be used as part of the evaluation system pursuant to paragraph (c) which must require that:

             (1) Pupil achievement data derived from statewide examinations and assessments must account for at least 20 percent of the evaluation of a teacher or administrator, as applicable; and

             (2) Pupil achievement data derived from assessments approved by the board of trustees of a school district that employs the teacher or administrator, as applicable, must account for at least 20 percent of the evaluation.

      (e) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, employs practices and strategies to involve and engage the parents and families of pupils.

      (f) Include a process for peer evaluations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer reviews pursuant to the process.

      3.  The State Board shall, by regulation, designate the assessments that may be used by a school district to determine pupil achievement pursuant to subparagraph (2) of paragraph (d) of subsection 2. The board of trustees of a school district may select one or more of the assessments designated by the State Board to determine pupil achievement, or the board of trustees may apply to the Superintendent of Public Instruction for approval to use a different assessment to determine pupil achievement.

      4.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      (Added to NRS by 2011, 3087; A 2013, 3158; 2015, 2411, 2412, 2413, 3833, effective July 1, 2017)

      NRS 391.470  Annual report by school districts concerning process for peer evaluations of teachers.  On or before August 1 of each year, the board of trustees of each school district shall submit a report to the State Board and the Teachers and Leaders Council of Nevada created by NRS 391.455 concerning the implementation and effectiveness of the process for peer evaluations of teachers set forth in the regulations adopted by the State Board pursuant to paragraph (f) of subsection 2 of NRS 391.465, including, without limitation, any recommendations for revisions to the process of peer evaluations.

      (Added to NRS by 2013, 3149)

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

      NRS 391.500  Definitions.  [Replaced in revision by NRS 391A.100.]

 

      NRS 391.504  “Regional training program” defined.  [Replaced in revision by NRS 391A.110.]

 

      NRS 391.508  “Statewide Council” defined.  [Replaced in revision by NRS 391A.115.]

 

      NRS 391.510  Superintendent of Public Instruction required to ensure Statewide Council and regional training programs carry out duties successfully.  [Replaced in revision by NRS 391A.140.]

 

      NRS 391.512  Creation of regional training programs and Nevada Early Literacy Intervention Programs; provision of services to teachers and administrators in certain geographical areas; designation of certain school districts as fiscal agent.  [Replaced in revision by NRS 391A.120.]

 

      NRS 391.516  Statewide Council for the Coordination of the Regional Training Programs: Creation; membership; terms; vacancy; compensation; administrative support.  [Replaced in revision by NRS 391A.130.]

 

      NRS 391.520  Statewide Council for the Coordination of the Regional Training Programs: Duties; acceptance of gifts and grants authorized.  [Replaced in revision by NRS 391A.135.]

 

      NRS 391.524  Governing body of regional training program: Membership; terms; vacancy.  [Replaced in revision by NRS 391A.150.]

 

      NRS 391.528  Governing body of regional training program: Meetings; no salary or compensation.  [Replaced in revision by NRS 391A.155.]

 

      NRS 391.532  Governing body of regional training program: Employment and salary of coordinator; duties of coordinator.  [Replaced in revision by NRS 391A.160.]

 

      NRS 391.536  Governing body of regional training program: Submission of proposed biennial budget to Statewide Council; approval or denial of proposed budget by Statewide Council; inclusion of approved budget in Department’s biennial budget; acceptance of gifts and grants authorized.  [Replaced in revision by NRS 391A.165.]

 

      NRS 391.538  Governing body of regional training program: Request for revision of budget; form and submission; approval or disapproval by Statewide Council; determination whether work program revision is necessary.  [Replaced in revision by NRS 391A.170.]

 

      NRS 391.540  Governing body of regional training program: Adoption of training model; assessment of training needs; preparation and review of 5-year plan; request by another entity for regional training program to perform additional services or duties.  [Replaced in revision by NRS 391A.175.]

 

      NRS 391.542  Governing body of regional training program: Establishment of evaluation system for teachers and other personnel participating in program.  [Replaced in revision by NRS 391A.180.]

 

      NRS 391.544  Provision of training to teachers, other licensed educational personnel and administrators; maintenance and distribution of training list; authority to contract with board of trustees for additional training; training for paraprofessionals authorized.  [Replaced in revision by NRS 391A.125.]

 

      NRS 391.545  Governing body authorized to facilitate and coordinate access to information related to suicide; receipt of information by teachers and administrators does not create additional duty.  [Replaced in revision by NRS 391A.185.]

 

      NRS 391.548  Payment of certain costs and expenses by regional training program.  [Replaced in revision by NRS 391A.200.]

 

      NRS 391.552  Evaluation of regional training program by governing body; submission of annual report.  [Replaced in revision by NRS 391A.190.]

 

      NRS 391.556  Submission of annual report by board of trustees.  [Replaced in revision by NRS 391A.205.]

 

      NRS 391.600  Definitions.  [Replaced in revision by NRS 390.350.]

 

      NRS 391.602  “Assessment” defined.  [Replaced in revision by NRS 390.355.]

 

      NRS 391.604  “Examination” defined.  [Replaced in revision by NRS 390.360.]

 

      NRS 391.608  “Irregularity in testing administration” defined.  [Replaced in revision by NRS 390.365.]

 

      NRS 391.612  “Irregularity in testing security” defined.  [Replaced in revision by NRS 390.370.]

 

      NRS 391.616  “Reprisal or retaliatory action” defined.  [Replaced in revision by NRS 390.375.]

 

      NRS 391.620  “School official” defined.  [Replaced in revision by NRS 390.380.]

 

      NRS 391.624  Declaration of policy concerning disclosure of irregularities in testing administration and security.  [Replaced in revision by NRS 390.395.]

 

      NRS 391.628  School official prohibited from using authority or influence to prevent disclosure of information.  [Replaced in revision by NRS 390.405.]

 

      NRS 391.632  School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.  [Replaced in revision by NRS 390.410.]

 

      NRS 391.636  State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.  [Replaced in revision by NRS 390.415.]

 

      NRS 391.640  Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information.  [Replaced in revision by NRS 390.420.]

 

      NRS 391.644  Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials.  [Replaced in revision by NRS 390.425.]

 

      NRS 391.648  Provisions do not abrogate or decrease effect of crimes or punishments.  [Replaced in revision by NRS 390.430.]

 

EVALUATIONS OF LICENSED PERSONNEL; PROBATIONARY AND POSTPROBATIONARY EMPLOYMENT; DISCIPLINARY ACTION

General Provisions

      NRS 391.650  Definitions.  As used in NRS 391.650 to 391.830, inclusive, unless the context otherwise requires:

      1.  “Administrator” means any employee who holds a license as an administrator and who is employed in that capacity by a school district.

      2.  “Board” means the board of trustees of the school district in which a licensed employee affected by NRS 391.650 to 391.830, inclusive, is employed.

      3.  “Demotion” means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

      4.  “Immorality” means:

      (a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or

      (b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, “sexual conduct” has the meaning ascribed to it in NRS 201.520.

      5.  “Postprobationary employee” means an administrator or a teacher who has completed the probationary period as provided in NRS 391.820 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to NRS 391.730.

      6.  “Probationary employee” means:

      (a) An administrator or a teacher who is employed for the period set forth in NRS 391.820; and

      (b) A person who is deemed to be a probationary employee pursuant to NRS 391.730.

      7.  “Superintendent” means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.

      8.  “Teacher” means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.

      (Added to NRS by 1967, 968; A 1969, 271; 1971, 380; 1973, 790; 1979, 658, 1606, 1829; 1985, 1083; 1987, 1003; 2003, 431, 1394, 2819; 2011, 2258, 2284; 2013, 3699; 2015, 1602) — (Substituted in revision for NRS 391.311)

      NRS 391.655  Applicability of NRS 391.650 to 391.830, inclusive; exceptions.

      1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to 391.830, inclusive, do not apply to:

      (a) Substitute teachers; or

      (b) Adult education teachers.

      2.  The admonition, demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to 391.800, inclusive, do not apply to:

      (a) A probationary teacher. The policy for evaluations prescribed in NRS 391.680 and 391.725 applies to a probationary teacher.

      (b) A principal described in subsection 1 of NRS 391.825 with respect to his or her employment as a principal.

      (c) A principal who is employed at-will pursuant to subsection 2 of NRS 391.825.

      (d) An administrator described in subsection 2 of NRS 391.830.

      (e) A new employee who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal.

Ê Insofar as it is consistent with the provisions of NRS 391.825 and 391.830, the policy for evaluations prescribed in NRS 391.700 and 391.725 applies to any administrator described in this subsection.

      3.  The admonition, demotion and suspension provisions of NRS 391.650 to 391.800, inclusive, do not apply to a postprobationary teacher who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal, with respect to his or her employment in the administrative position. The policy for evaluations prescribed in NRS 391.700 and 391.725 applies to such a probationary administrator.

      4.  The provisions of NRS 391.650 to 391.800, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.

      5.  A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.650 to 391.830, 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; 2007, 313; 2011, 2259, 2284; 2013, 3149; 2015, 1603) — (Substituted in revision for NRS 391.3115)

      NRS 391.660  Contract negotiated by collective bargaining may supersede provisions of NRS 391.650 to 391.830, inclusive; exceptions.  Excluding the provisions of NRS 391.730, 391.825 and 391.830, the provisions of NRS 391.650 to 391.830, inclusive, do not apply to a teacher or other licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the board’s right to dismiss or refuse to reemploy the employee.

      (Added to NRS by 1973, 790; A 1979, 1607, 1830; 1987, 1004; 2011, 2260; 2015, 1604) — (Substituted in revision for NRS 391.3116)

Evaluations

      NRS 391.675  Evaluations of counselors, librarians and certain other licensed educational personnel.  The State Board may provide for evaluations of counselors, librarians and other licensed educational personnel, except for teachers and administrators, and determine the manner in which to measure the performance of such personnel, including, without limitation, whether to use pupil achievement data as part of the evaluation.

      (Added to NRS by 2013, 3169; A 2015, 2404) — (Substituted in revision for NRS 391.3123)

      NRS 391.680  Policy for evaluations of teachers; conference required before and after each scheduled observation.

      1.  It is the intent of the Legislature that a uniform system be developed for objective evaluation of teachers in each school district.

      2.  Each board, following consultation with and involvement of elected representatives of the teachers or their designees, shall develop a policy for objective evaluations of teachers in narrative form. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy may include an evaluation by the teacher, pupils, administrators or other teachers or any combination thereof. A copy of the policy adopted by the board must be filed with the Department. The primary purpose of an evaluation is to provide a format for constructive assistance. Evaluations, while not the sole criterion, must be used in the dismissal process.

      3.  The person charged with the evaluation of a teacher pursuant to NRS 391.685 or 391.690 shall hold a conference with the teacher before and after each scheduled observation of the teacher during the school year.

      (Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829) — (Substituted in revision for part of NRS 391.3125)

      NRS 391.685  Evaluations of probationary teachers; evaluations to be based upon certain number of scheduled observations.

      1.  A probationary teacher must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observations of the teacher during the first school year of his or her probationary period as follows:

      (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      2.  If a probationary teacher receives an evaluation designating his or her overall performance as effective or highly effective:

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observations of the teacher which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

      (b) During the first and second school years of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation of the teacher which must occur within 120 days after the first day of instruction of the school year.

      3.  If a probationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective during the first or second school year of the probationary period, the probationary teacher must receive one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1.

      (Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829) — (Substituted in revision for part of NRS 391.3125)

      NRS 391.690  Evaluations of postprobationary teachers; evaluations based upon certain number of scheduled observations; request by postprobationary teacher for another evaluator.

      1.  If a postprobationary teacher receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.685. If a postprobationary teacher receives evidence from the first two observations during the school year indicating that, unless his or her performance improves, his or her overall performance may be rated as minimally effective or ineffective on the evaluation, the postprobationary teacher may request that the third observation be conducted by another administrator. If a postprobationary teacher requests that his or her third observation be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary teacher from a list of three candidates submitted by the superintendent.

      2.  If a postprobationary teacher receives an evaluation designating his or her overall performance as effective or highly effective, the postprobationary teacher must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation which must occur within 120 days after the first day of instruction of the school year.

      (Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829) — (Substituted in revision for part of NRS 391.3125)

      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.

      1.  The evaluation of a probationary teacher or a postprobationary teacher pursuant to NRS 391.685 or 391.690 must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:

      (a) An evaluation of the instructional practice of the teacher in the classroom;

      (b) An evaluation of the professional responsibilities of the teacher to support learning and promote the effectiveness of the school community;

      (c) Except as otherwise provided in subsection 2 or 3, an evaluation of the performance of pupils enrolled in the school;

      (d) An evaluation of whether the teacher employs practices and strategies to involve and engage the parents and families of pupils in the classroom;

      (e) Recommendations for improvements in the performance of the teacher;

      (f) A description of the action that will be taken to assist the teacher in the areas of instructional practice, professional responsibilities and the performance of pupils; and

      (g) A statement by the administrator who evaluated the teacher indicating the amount of time that the administrator personally observed the performance of the teacher in the classroom.

      2.  The evaluation of a probationary teacher in his or her initial year of employment as a probationary teacher must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.730.

      3.  The evaluation of a teacher at a school designated as a turnaround school pursuant to NRS 388G.400 must not include an evaluation of the performance of pupils enrolled in the school for the first and second years after the school has been designated as a turnaround school.

      4.  The teacher must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response must be permanently attached to the teacher’s personnel file. Upon the request of a teacher, a reasonable effort must be made to assist the teacher to improve his or her performance based upon the recommendations reported in the evaluation of the teacher.

      (Added to NRS by 1973, 790; A 1975, 614; 1979, 1607, 1830; 1985, 1084; 1987, 1005; 1989, 1426; 1995, 393; 2007, 2164, 2453; 2011, 2286, 2288, 3087, 3089; 2013, 3150; 2015, 2404, 3829) — (Substituted in revision for part of NRS 391.3125)

      NRS 391.700  Policy for evaluations of administrators; conference required before and after each scheduled observation.  Except as otherwise provided in NRS 391.825 and 391.830:

      1.  Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must provide for the evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal. The policy must also provide for the evaluation of those administrators at the district level who provide direct supervision of the principal of a school. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.

      2.  The person charged with the evaluation of an administrator pursuant to NRS 391.705 or 391.710 shall hold a conference with the administrator before and after each scheduled observation of the administrator during the school year.

      (Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831) — (Substituted in revision for part of NRS 391.3127)

      NRS 391.705  Evaluations of probationary administrators; evaluations to be based upon certain number of scheduled observations.

      1.  A probationary administrator must receive one evaluation during each school year of his or her probationary employment. The evaluation must be based in part upon at least three scheduled observations of the probationary administrator during the first school year of his or her probationary period which must occur as follows:

      (a) The first scheduled observation must occur within 40 days after the first day of instruction of the school year;

      (b) The second scheduled observation must occur after 40 days but within 80 days after the first day of instruction of the school year; and

      (c) The third scheduled observation must occur after 80 days but within 120 days after the first day of instruction of the school year.

      2.  If a probationary administrator receives an evaluation designating his or her overall performance as effective or highly effective:

      (a) During the first school year of his or her probationary period, the evaluation during the second school year of the probationary period must be based in part upon at least two scheduled observations of the administrator which must occur within the times specified in paragraphs (b) and (c) of subsection 1.

      (b) During the first and second school year of his or her probationary period, the evaluation during the third school year of the probationary period must be based in part upon at least one scheduled observation of the administrator which must occur within 120 days after the first day of instruction of the school year.

      3.  If a probationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective during the first or second school year of the probationary period, the probationary administrator must receive one evaluation during the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1.

      4.  Each probationary administrator is subject to the provisions of NRS 391.725 and 391.820.

      (Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831) — (Substituted in revision for part of NRS 391.3127)

      NRS 391.710  Evaluations of postprobationary administrators; evaluations to be based upon certain number of scheduled observations.

      1.  If a postprobationary administrator receives an evaluation designating his or her overall performance as minimally effective or ineffective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year which is based in part upon three observations which must occur in accordance with the observation schedule set forth in subsection 1 of NRS 391.705. If a postprobationary administrator receives evidence from the first two observations indicating that, unless his or her performance improves, his or her overall performance may be rated as minimally effective or ineffective on the evaluation, the postprobationary administrator may request that the third observation be conducted by another administrator. If a postprobationary administrator requests that his or her third observation be conducted by another administrator, that administrator must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the postprobationary administrator from a list of three candidates submitted by the superintendent.

      2.  If a postprobationary administrator receives an evaluation designating his or her overall performance as effective or highly effective, the postprobationary administrator must receive one evaluation in the immediately succeeding school year. The evaluation must be based in part upon at least one scheduled observation which must occur within 120 days after the first day of instruction of the school year.

      (Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831) — (Substituted in revision for part of NRS 391.3127)

      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.

      1.  The evaluation of an administrator pursuant to NRS 391.705 or 391.710 must comply with the regulations of the State Board adopted pursuant to NRS 391.465, which must include, without limitation:

      (a) An evaluation of the instructional leadership practices of the administrator at the school;

      (b) An evaluation of the professional responsibilities of the administrator to support learning and promote the effectiveness of the school community;

      (c) Except as otherwise provided in subsection 2 or 3, an evaluation of the performance of pupils enrolled in the school;

      (d) An evaluation of whether the administrator employs practices and strategies to involve and engage the parents and families of pupils enrolled in the school;

      (e) Recommendations for improvements in the performance of the administrator; and

      (f) A description of the action that will be taken to assist the administrator in the areas of instructional leadership practice, professional responsibilities and the performance of pupils.

      2.  The evaluation of a probationary administrator in his or her initial year of probationary employment must not include an evaluation of the performance of pupils enrolled in the school. This subsection does not apply to a postprobationary employee who is deemed to be a probationary employee pursuant to NRS 391.730.

      3.  The evaluation of an administrator at a school designated as a turnaround school pursuant to NRS 388G.400 must not include an evaluation of the performance of pupils enrolled in the school for the first and second years after the school has been designated as a turnaround school.

      (Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831) — (Substituted in revision for part of NRS 391.3127)

      NRS 391.720  Procedures for transfer or reassignment of administrators and appeal to board.

      1.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, the superintendent shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective.

      2.  The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent.

      3.  The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

      (Added to NRS by 1973, 790; A 1975, 615; 1979, 1608, 1831; 1985, 1085; 1987, 1005; 2011, 2289, 2290, 3090, 3091; 2013, 3153; 2015, 1604, 2407, 3831) — (Substituted in revision for part of NRS 391.3127)

      NRS 391.725  Evaluation designating performance of probationary employee as minimally effective or ineffective: Contents of written statement included in evaluation; request for another evaluator; request for assistance in improving performance.

      1.  If a written evaluation of a probationary teacher, or a probationary administrator who provides primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, designates the overall performance of the teacher or administrator as “minimally effective” or “ineffective”:

      (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive a ‘minimally effective’ or ‘ineffective’ evaluation on the first or second evaluation, or both evaluations for this school year, you may request that the third evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in improving your performance based upon the recommendations reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in improving your performance.”

      (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

      2.  If a probationary teacher or probationary administrator to which subsection 1 applies requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

      3.  If a probationary teacher or probationary administrator to which subsection 1 applies requests assistance in improving performance reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in improving his or her performance.

      (Added to NRS by 2011, 2283; A 2011, 2297, 3093; 2013, 3155) — (Substituted in revision for NRS 391.3128)

      NRS 391.730  Postprobationary employee whose performance is designated as minimally effective or ineffective deemed probationary and required to serve additional probationary period in certain circumstances.  Except as otherwise provided in NRS 391.825, a postprobationary employee who receives an evaluation designating his or her overall performance as:

      1.  Minimally effective;

      2.  Ineffective; or

      3.  Minimally effective during 1 year of the 2-year consecutive period and ineffective during the other year of the period,

Ê for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to 391.830, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820.

      (Added to NRS by 2011, 2258; A 2011, 2297; 2015, 1606, 2409) — (Substituted in revision for NRS 391.3129)

Disciplinary Action

      NRS 391.750  Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance.

      1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

      (a) Inefficiency;

      (b) Immorality;

      (c) Unprofessional conduct;

      (d) Insubordination;

      (e) Neglect of duty;

      (f) Physical or mental incapacity;

      (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

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

      (i) Inadequate performance;

      (j) Evident unfitness for service;

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

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

      (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

      (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

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

      (p) Dishonesty;

      (q) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275;

      (r) An intentional violation of NRS 388.497 or 388.499;

      (s) Knowingly and willfully failing to comply with the provisions of NRS 388.1351;

      (t) Gross misconduct; or

      (u) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

      2.  If a teacher or administrator is found, through an investigation of a testing irregularity, to have willfully breached the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils, as applicable, shall:

      (a) Suspend, dismiss or fail to reemploy the teacher; or

      (b) Demote, suspend, dismiss or fail to reemploy the administrator.

      3.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

      4.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

      (Added to NRS by 1967, 968; A 1973, 791; 1987, 1004; 1999, 1434, 3241; 2001, 1211; 2011, 2246, 2285; 2013, 3281; 2015, 417, 1854) — (Substituted in revision in 2013 for NRS 391.312 and in 2015 for NRS 391.31297)

      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.

      1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:

      (a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

      (b) Except as otherwise provided in NRS 391.760, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the teacher and the action that is necessary to correct those deficiencies.

      2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

      3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his or her employment will be terminated pursuant to NRS 391.820.

      4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.650 to 391.830, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p), (s) and (t) of subsection 1 of NRS 391.750.

      (Added to NRS by 1967, 968; A 1969, 853; 1973, 792; 1977, 1379; 1979, 1831; 1985, 1085; 1987, 1006; 1989, 1427; 1995, 394; 2007, 2166, 2454; 2011, 2290; 2015, 418, 1855) — (Substituted in revision for NRS 391.313)

      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.

      1.  If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and the superintendent is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.750, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, the employee must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

      2.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.680 to 391.810, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his or her salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.750.

      3.  If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.

      4.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that the employee will repay any amounts paid to him or her pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his or her salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if the employee is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

      5.  A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.010 to 179D.550, inclusive, or is convicted of an act forbidden by NRS 200.508, 201.190, 201.265, 201.540, 201.560 or 207.260 forfeits all rights of employment from the date of his or her arrest.

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

      7.  A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his or her right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if the employee is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.750.

      8.  A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.750. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.

      (Added to NRS by 1967, 969; A 1971, 380; 1973, 792; 1977, 1380; 1979, 1832; 1985, 1086; 1987, 1007; 1991, 945; 1997, 1687; 2003, 432, 1394; 2007, 2777; 2011, 225) — (Substituted in revision for NRS 391.314)

      NRS 391.765  Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer.

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

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

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

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

      (Added to NRS by 1967, 969; A 1973, 793; 1979, 1833) — (Substituted in revision for NRS 391.315)

      NRS 391.770  Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer.

      1.  Each request for the appointment of a person to serve as a hearing officer must be submitted to the Superintendent of Public Instruction.

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

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

      4.  A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal to reemploy based on the grounds contained in subsections 1 and 2 of NRS 391.750.

      5.  This section does not preclude the employee and the superintendent from mutually selecting an attorney who is a resident of this State, an arbitrator provided by the American Arbitration Association or a representative of an agency or organization that provides alternative dispute resolution services to serve as a hearing officer to conduct a particular hearing.

      (Added to NRS by 1973, 789; A 1979, 1608, 1833; 1985, 1048; 1993, 183; 2005, 464; 2015, 1856) — (Substituted in revision for NRS 391.3161)

      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.  Except as otherwise provided in NRS 391.825 and 391.830:

      1.  At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendent’s intention to make the recommendation.

      2.  The notice must:

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

      (b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of the employee will occur before the completion of the current school year or if the employee is deemed to be a probationary employee pursuant to NRS 391.730 and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.

      (c) Refer to chapter 391 of NRS.

      3.  If a postprobationary employee or an employee who is deemed to be a probationary employee pursuant to NRS 391.730 receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.770, 391.785 and 391.795 do not apply.

      (Added to NRS by 1967, 969; A 1973, 793; 1979, 1833; 1985, 1087; 1987, 1008; 1989, 1427; 2005, 465; 2011, 2260, 2291; 2013, 3814; 2015, 1606) — (Substituted in revision for NRS 391.317)

      NRS 391.780  Request for hearing: Action by superintendent.

      1.  If a request for a hearing is not made within the time allowed, the superintendent shall file his or her recommendation with the board. The board may, by resolution, act on the recommendation as it sees fit.

      2.  If a request for a hearing is made, the superintendent shall not file his or her recommendation with the board until a report of the hearing officer is filed with the superintendent.

      (Added to NRS by 1967, 970; A 1973, 794; 1979, 1834) — (Substituted in revision for NRS 391.318)

      NRS 391.785  Procedures for hearing; payment for expenses of hearing officer and transcript.

      1.  As soon as possible after the time of his or her designation, the hearing officer shall hold a hearing to determine whether the grounds for the recommendation are substantiated.

      2.  The Superintendent of Public Instruction shall furnish the hearing officer with any assistance which is reasonably required to conduct the hearing, and the hearing officer may require witnesses to give testimony under oath and produce evidence relevant to the investigation.

      3.  The licensed employee and superintendent are entitled to be heard, to be represented by an attorney and to call witnesses in their behalf.

      4.  The hearing officer is entitled to be reimbursed for his or her reasonable actual expenses.

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

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

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

      (Added to NRS by 1967, 970; A 1973, 794; 1979, 1610, 1834; 1985, 1049; 1987, 1009; 2005, 465) — (Substituted in revision for NRS 391.3192)

      NRS 391.790  Person with communications disability entitled to use of registered legal interpreter at hearing.  The licensed employee or a witness at a hearing under NRS 391.650 to 391.810, inclusive, who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the hearing officer.

      (Added to NRS by 1979, 658; A 1987, 1009; 2001, 1778; 2007, 174) — (Substituted in revision for NRS 391.31925)

      NRS 391.795  Written report of hearing: Contents; final and binding if so agreed; time limited for filing.

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

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

      3.  If it appears that the report cannot be prepared within 15 days, the licensed employee and the superintendent shall be so notified before the end of that period, and the hearing officer may take the time necessary not exceeding 30 days following the conclusion of the hearing to file the written report and recommendation.

      4.  The licensed employee and the superintendent or the superintendent’s designee may mutually agree to waive any of the time limits applicable to the hearing procedure.

      (Added to NRS by 1967, 970; A 1971, 381; 1973, 795; 1979, 1610, 1835; 1987, 1009) — (Substituted in revision for NRS 391.3193)

      NRS 391.800  Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.

      1.  Within 5 days after the superintendent receives the report of the hearing officer the superintendent shall either withdraw the recommendation to demote, dismiss or not reemploy the licensed employee or file his or her recommendation with the board.

      2.  Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officer’s recommendation and notify the licensed employee in writing of its decision.

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

      4.  The licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report in the manner provided in NRS 38.241 and 38.242.

      (Added to NRS by 1967, 971; A 1971, 381; 1973, 795; 1979, 1611, 1835; 1987, 1010; 2001, 1285; 2003, 35, 41) — (Substituted in revision for NRS 391.3194)

Probationary and Postprobationary Employment

      NRS 391.810  Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.

      1.  The board shall notify postprobationary employees in writing, by certified mail or by delivery of the employee’s contract, concerning their reemployment for the ensuing year. Such notice must be provided:

      (a) On or before May 1; or

      (b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.

      2.  If the board, or the person designated by it, fails to notify a postprobationary employee who has been employed by a school district of the employee’s status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year under the same terms and conditions as he or she is employed for the current year.

      3.  This section does not apply to any licensed employee who has been recommended to be demoted, dismissed or not reemployed if proceedings have commenced and no final decision has been made by the board. A licensed employee may be demoted or dismissed for grounds set forth in NRS 391.750 after the employee has been notified that he or she is to be reemployed for the ensuing year.

      4.  Any licensed employee who is reemployed pursuant to subsection 1 shall notify the board in writing of the employee’s acceptance of employment. Such notice must be provided:

      (a) On or before May 10 if the board provided its notice on or before May 1; or

      (b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 1.

      5.  Failure on the part of the employee to notify the board of his or her acceptance within the specified time is conclusive evidence of the employee’s rejection of the contract.

      6.  If the licensed employees are represented by a recognized employee organization and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1 to 5, inclusive, do not apply except in the case of a demotion, dismissal or decision not to reemploy an employee. Before May 10 or May 25, as applicable, of each year, the employees shall notify the board in writing, on forms provided by the board, of their acceptance of reemployment. Any agreement negotiated by the recognized employee organization and the board becomes a part of the contract of employment between the board and the employee. The board shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at the last known address of the employee or shall deliver the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of the employee’s acceptance within 10 days after receipt of the contract is conclusive evidence of the employee’s rejection of the contract.

      (Added to NRS by 1967, 971; A 1971, 10; 1973, 796; 1979, 1611, 1836; 1985, 1087; 1987, 1010; 1989, 1428; 2015, 44) — (Substituted in revision for NRS 391.3196)

      NRS 391.815  Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception.  Except as otherwise provided in this section, if a postprobationary employee of a school district or charter school in this state:

      1.  Voluntarily leaves his or her employment; and

      2.  Is, within 5 years after the date on which the employee left that employment, employed by any school district or charter school in this state in a position that is comparable to the position in which the employee attained postprobationary status,

Ê he or she must be allowed to continue as a postprobationary employee and must not be required to serve the probationary period required by subsection 1 of NRS 391.820. This section does not apply to a postprobationary employee who voluntarily leaves his or her employment during the pendency of a proceeding for the suspension, demotion, dismissal or refusal to reemploy the postprobationary employee.

      (Added to NRS by 1985, 1083; A 1989, 325; 2001, 1906, 3162) — (Substituted in revision for NRS 391.31965)

      NRS 391.820  Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances; request for expedited hearing if dismissed before completion of current school year.  Except as otherwise provided in NRS 391.825:

      1.  A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.

      2.  The board shall notify each probationary employee in writing during the first, second and third school years of the employee’s probationary period whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Such notice must be provided:

      (a) On or before May 1; or

      (b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.

      3.  Failure of the board to notify the probationary employee in writing on or before May 1 or May 15, as applicable, in the first or second year of the probationary period does not entitle the employee to postprobationary status.

      4.  The employee must advise the board in writing during the first, second or third year of the employee’s probationary period of the employee’s acceptance of reemployment. Such notice must be provided:

      (a) On or before May 10 if the board provided its notice on or before May 1; or

      (b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 2.

      5.  If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

      6.  A probationary employee who:

      (a) Completes a 3-year probationary period;

      (b) Receives a designation of “highly effective” or “effective” on each of his or her performance evaluations for 2 consecutive school years; and

      (c) Receives a notice of reemployment from the school district in the third year of the employee’s probationary period,

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

      7.  If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

      8.  A new employee who is employed as an administrator to provide primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, or a postprobationary teacher who is employed as an administrator to provide those administrative services shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:

      (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and

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

Ê the board of trustees of the school district shall, on or before May 1 or May 15, as applicable, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10 or May 25, as applicable. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

      9.  An administrator who has completed his or her probationary period pursuant to subsection 8 and is thereafter promoted to the position of principal must serve an additional probationary period of 2 years in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection 8, the administrator must serve the remainder of his or her probationary period pursuant to subsection 8 or an additional probationary period of 2 years in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1 or May 15, as applicable, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10 or May 25, as applicable. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

      10.  If a probationary employee receives notice that he or she will be dismissed before the completion of the current school year, the probationary employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

      (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; 2007, 2166, 2455; 2011, 2291, 2293, 3091; 2013, 3155; 2015, 45, 1607) — (Substituted in revision for NRS 391.3197)

      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.

      1.  During the first 3 years of his or her employment by a school district in the position of principal, a principal is employed at-will in that position. A principal who is reassigned pursuant to this subsection is entitled to a written statement of the reason for the reassignment. If the principal was previously employed by the school district in another position and is reassigned pursuant to this section, the principal is entitled to be assigned to his or her former position at the rate of compensation provided for that position.

      2.  A principal who completes the probationary period provided by NRS 391.820 in the position of principal is again employed at-will if, in each of 2 consecutive school years:

      (a) The rating of the school to which the principal is assigned, as determined by the Department pursuant to the statewide system of accountability for public schools, is reduced by one or more levels; and

      (b) Fifty percent or more of the teachers assigned to the school request a transfer to another school.

      3.  If the events described in paragraphs (a) and (b) of subsection 2 occur with respect to a school for any school year, the school district shall conduct a survey of the teachers assigned to the school to evaluate conditions at the school and the reasons given by teachers who requested a transfer to another school. The results of the survey do not affect the employment status of the principal of the school.

      4.  A principal described in subsection 2 is subject to immediate dismissal by the board of trustees of the school district on recommendation of the superintendent and is entitled, on dismissal, to a written statement of the reasons for dismissal.

      (Added to NRS by 2015, 1600)

      NRS 391.830  Reappointment of certain postprobationary administrators.

      1.  Each postprobationary administrator employed by a school district, except an administrator excluded from any bargaining unit pursuant to NRS 288.170 or a principal, must apply to the superintendent for reappointment to his or her administrative position every 5 years.

      2.  If an administrator is not reappointed to his or her administrative position pursuant to this section and was previously employed by the school district in another position, the administrator is entitled to be assigned to his or her former position at the rate of compensation provided for that position.

      (Added to NRS by 2015, 1600)