Senate Bill No.
460–Committee on Human
Resources and Facilities
CHAPTER..........
AN ACT relating to educational personnel; providing that the employment of a teacher for whom a license is required must be suspended or terminated for failure to maintain a license in force; prescribing administrative procedural protections for certain teachers who are suspended for failure to maintain a license in force; providing that certain other existing administrative procedural protections do not apply to a teacher whose employment is suspended or terminated for failure to maintain a license in force; revising the definition of “immorality” applicable to the licensed employees of a school district to include the commission of certain drug-related offenses and sexual conduct or attempted sexual conduct with a pupil; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 391 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 6, inclusive, of this
act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, 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 employment, to hold a
license issued pursuant to this chapter.
Sec. 3. 1. If an employee fails to maintain his license in
force, the school district that employs him shall:
(a) Immediately suspend the employee without pay; and
(b) Terminate his employment if he fails to reinstate his license
within the time prescribed by subsection 2 of section 4 of this act.
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 license
in force, the suspension of the employee is ineffective and the
school district shall immediately reinstate the employee while his
license remains in force. The employee must be reinstated to the
position he held at the time of his suspension. If the employee
thereafter fails again to maintain his license in force, the school
district shall again suspend the employee without pay and proceed
in accordance with sections 4, 5 and 6 of this act.
Sec. 4. 1. If a school district is required to suspend an
employee pursuant to section 3 of this act, 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 sections 2 to
6, inclusive, of this act;
(b) Inform the employee that his employment will be
terminated unless he reinstates his license within the time
prescribed by subsection 2;
(c) Set forth the date on which the period for reinstatement of
his license will expire;
(d) Advise the employee of his right to a hearing pursuant to
section 5 of this act;
(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 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 his designee pursuant to section
5 of this act,
the school district shall immediately reinstate the employee to the
position that he held at the time of his suspension.
3. If an employee fails to reinstate his license within the time
prescribed by subsection 2, his employment shall be deemed to
have terminated as of the date of his suspension pursuant to
section 3 of this act. 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.
Sec. 5. 1. An employee who is suspended by a school
district pursuant to section 3 of this act is entitled to a hearing if
he 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 section 4 of this act;
(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 section 4 of this
act is not affected if he 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 his 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 section 4 of this act
for reinstatement of his 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 his designee
shall issue a ruling. The ruling must:
(a) State whether the employee will be granted an extension of
time for reinstatement of his license;
(b) Set forth the factual basis for his determination; and
(c) State the date on which an extension, if any, 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.
Sec. 6. The provisions of sections 2 to 6, inclusive, of this act
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 his
license.
2. Preclude a school district from employing a person as a
substitute teacher or in any other position for which he is legally
qualified.
Sec. 7. NRS 391.311 is hereby amended to read as follows:
391.311 As used in NRS 391.311 to 391.3197, 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 391.311 to 391.3197,
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 [an] :
(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 [or
207.260.] , 201.560, 207.260, 453.316 to 453.336, inclusive,
453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or
453.562; or
(b) An act forbidden by NRS 201.540 or any other sexual
conduct 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 391.3197 and has been given notice of reemployment.
6. “Probationary employee” means an administrator or a
teacher who is employed for the period set forth in NRS 391.3197.
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.
Sec. 8. NRS 391.120 is hereby amended to read as follows:
391.120 1. Boards of trustees of the school districts in this
state may employ legally qualified teachers and other licensed
personnel and may determine their salaries and the length of the
term of school for which they are employed. These conditions and
any other conditions agreed upon by the parties must be embodied
in a written contract, or notice of reemployment, to be approved by
the board of trustees and accepted and signed by the employee. A
copy of the contract or notice of reemployment, properly written,
must be delivered to each teacher or other licensed employee not
later than the opening of the term of school.
2. A board of trustees may not employ teachers or other
licensed personnel for any school year commencing after the
expiration of the time for which any member of the board of trustees
was elected or appointed.
3. It is unlawful for the board of trustees of any school district
to employ any teacher who is not legally qualified to teach all the
grades which the teacher is engaged to teach. The board of trustees
shall suspend or terminate, as applicable, the employment of any
teacher who fails to maintain a license issued pursuant to this
chapter in force, if such a license is required for employment. Any
such suspension or termination must comply with the
requirements of sections 2 to 6, inclusive, of this act.
4. On or before November 15 of each year, the school district
shall submit to the Department, in a form prescribed by the
Superintendent of Public Instruction, the following information for
each licensed employee employed by the school district on
October 1 of that year:
(a) The amount of salary of the employee; and
(b) The designated assignment, as that term is defined by the
Department of Education, of the employee.
Sec. 9. NRS 391.3115 is hereby amended to read as follows:
391.3115 1. The demotion, suspension, dismissal and
nonreemployment provisions of NRS 391.311 to 391.3197,
inclusive, do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. The provisions of NRS 391.311 to 391.3194, inclusive, do
not apply to a teacher whose employment is suspended or
terminated pursuant to subsection 3 of NRS 391.120 for failure to
maintain a license in force.
3. 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 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 391.311 to
391.3197, inclusive, for demotion, suspension or dismissal apply to
them.
Sec. 10. 1. The provisions of sections 2 to 6, inclusive, of
this act and the amendatory provisions of sections 8 and 9 of this act
are applicable to any employee:
(a) Whose license expires or is revoked, or who fails for any
other reason to maintain his license in force, on or after the effective
date of this act.
(b) Who:
(1) Fails for any reason to maintain his license in force
before the effective date of this act; and
(2) Has not, as of the effective date of this act, received a
hearing before a hearing officer or arbitrator pursuant to NRS
391.311 to 391.3197, inclusive.
2. The superintendent of schools of a school district that
employs a person described in paragraph (b) of subsection 1, shall,
as soon as practicable after the effective date of this act, provide
notice to the employee in the manner required by section 4 of this
act. Upon issuance of the notice, the employee shall be deemed to
have the rights, remedies and duties set forth in sections 2 to 6,
inclusive, of this act.
Sec. 11. This act becomes effective upon passage and
approval.
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