CHAPTER391. 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 license; grounds for nonrenewal. [Effective January 1, 2014.]
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 if school district demonstrates shortage; limitation on licensure and employment of persons who are not citizens; 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; POLICE SERVICES
NRS 391.100. Employment of personnel by trustees; certain teachers and paraprofessionals required to possess qualifications prescribed by federal law; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; school police officers; contract for police services.
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 391.150. Payment of employees’ salaries from apportionment of public money; deductions from salary.
NRS 391.155. School districts required to submit biannual report to Interim Finance Committee concerning employment of consultants.
NRS 391.160. Determination of salaries of teachers and other employees; increased salary for certain teachers, speech pathologists and professional school library media specialists with additional certification; credit for previous teaching and administrative service.
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.
NRS 391.168. Establishment of program of performance pay and enhanced compensation for recruitment and retention of teachers and administrators.
NRS 391.170. Conditions for receipt of public money as compensation; exception for charter schools.
NRS 391.180. Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school.
NRS 391.200. Salaries of teachers are prior claims on school district fund.
NRS 391.205. Involuntary transfer or reassignment of unlicensed employees.
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.
NRS 391.208. Duties of school nurse.
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.
PROGRAM TO TRAIN EMPLOYEES WHO OPERATE PRESSURE VESSELS
NRS 391.278. Program to train employees who operate boiler or other pressure vessel.
EDUCATIONAL CONFERENCES; PROFESSIONAL DEVELOPMENT
NRS 391.280. Attendance of licensed employees at conference.
NRS 391.285. Suspension of licensed employee for unexcused absence from conference.
NRS 391.290. Payment of expenses of travel and living for administrators and teachers attending conference.
NRS 391.295. Transportation of personnel to and from conference.
NRS 391.298. Focus and structure of scheduled professional development.
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.
EVALUATIONS OF LICENSED PERSONNEL; PROBATIONARY AND POSTPROBATIONARY EMPLOYMENT; DISCIPLINARY ACTION
General Provisions
NRS 391.311. Definitions. [Effective through March 31, 2014.]
NRS 391.311. Definitions. [Effective April 1, 2014.]
NRS 391.3115. Applicability of NRS 391.311 to 391.3197, inclusive; exceptions.
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.
NRS 391.312. Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance.
Delay of Implementation of Statewide Performance Evaluation System; School Districts Authorized to Opt Out of Delay; Validation Study of System; Policies for Evaluations During Validation Study
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.
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.
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.
NRS 391.31214. Policy for evaluations of teachers and other licensed educational personnel instead of NRS 391.3125 during validation study.
NRS 391.31215. Policy for evaluation of administrators instead of NRS 391.3127 during validation study.
NRS 391.31216. Status of probationary employees during validation study.
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.
NRS 391.31218. Observation schedule for postprobationary teachers and administrators if statewide performance evaluation system implemented for 2014-2015 school year.
NRS 391.31219. Observation schedule for postprobationary teachers and administrator if statewide performance evaluation system implemented for 2015-2016 school year.
NRS 391.3122. Validation study of counselors, librarians and certain other educational personnel for 2014-2015 school year.
NRS 391.3123. Implementation of statewide performance evaluation system for counselors, librarians and certain other licensed educational personnel for 2015-2016 school year.
Evaluations
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.
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.
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.
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.
Disciplinary Action
NRS 391.31297. Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance.
NRS 391.313. Admonition of licensed employee: Duty of administrator; removal from records; when admonition not required.
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.
NRS 391.315. Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer.
NRS 391.3161. Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer.
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.
NRS 391.318. Request for hearing: Action by superintendent.
NRS 391.3192. Procedures for hearing; payment for expenses of hearing officer and transcript.
NRS 391.31925. Person with communications disability entitled to use of registered legal interpreter at hearing.
NRS 391.3193. Written report of hearing: Contents; final and binding if so agreed; time limited for filing.
NRS 391.3194. Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.
Probationary and Postprobationary Employment
NRS 391.3196. Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment.
NRS 391.31965. Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception.
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.
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.
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.
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.
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.
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.
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. Council required to make recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces.
NRS 391.465. Establishment of statewide performance evaluation system by State Board.
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.
NRS 391.504. “Regional training program” defined.
NRS 391.508. “Statewide Council” defined.
NRS 391.510. Superintendent of Public Instruction required to ensure Statewide Council and regional training programs carry out duties successfully.
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.
NRS 391.516. Statewide Council for the Coordination of the Regional Training Programs: Creation; membership; terms; vacancy; compensation; administrative support.
NRS 391.520. Statewide Council for the Coordination of the Regional Training Programs: Duties; acceptance of gifts and grants authorized.
NRS 391.524. Governing body of regional training program: Membership; terms; vacancy.
NRS 391.528. Governing body of regional training program: Meetings; no salary or compensation.
NRS 391.532. Governing body of regional training program: Employment and salary of coordinator; duties of coordinator.
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.
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.
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.
NRS 391.542. Governing body of regional training program: Establishment of evaluation system for teachers and other personnel participating in program.
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.
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.
NRS 391.548. Payment of certain costs and expenses by regional training program.
NRS 391.552. Evaluation of regional training program by governing body; submission of annual report.
NRS 391.556. Submission of annual report by board of trustees.
PROTECTION FOR DISCLOSURE OF IRREGULARITIES IN TESTING ADMINISTRATION AND SECURITY
NRS 391.600. Definitions.
NRS 391.602. “Assessment” defined.
NRS 391.604. “Examination” defined.
NRS 391.608. “Irregularity in testing administration” defined.
NRS 391.612. “Irregularity in testing security” defined.
NRS 391.616. “Reprisal or retaliatory action” defined.
NRS 391.620. “School official” defined.
NRS 391.624. Declaration of policy concerning disclosure of irregularities in testing administration and security.
NRS 391.628. School official prohibited from using authority or influence to prevent disclosure of information.
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.
NRS 391.636. State Board authorized to issue subpoenas during investigation or hearing concerning reprisal or retaliatory action; enforcement of subpoena by court.
NRS 391.640. Use of provisions for harassment prohibited; penalty for willful disclosure of untruthful information.
NRS 391.644. Department required to provide written summary of provisions to school districts and charter schools; distribution of written summary to school officials.
NRS 391.648. Provisions do not abrogate or decrease effect of crimes or punishments.

Note

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