NRS391.060. Citizenship requirements for licensure and employment; exception for certain qualified persons who are not citizens if school district demonstrates shortage; limitation on licensure and employment of persons who are not citizens; penalty.

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

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

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

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

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

      (b) The person is otherwise qualified to teach in the subject area for which there is a shortage of teachers, except that the person does not meet the requirements of subsection 1; and

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

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

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

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

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

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

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

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

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

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