Nev. Rev. Stat. ch. 391 – Personnel | Midpage

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Nevada Revised Statutes

Chapter 391

Nev. Rev. Stat. ch. 391

Personnel

391.002Definitions 391.005“Commission” defined 391.008“Paraprofessional” defined 391.0085“Statewide Central Registry” defined 391.0088“Veteran” defined 391.009Superintendent of Public Instruction required to ensure Commission carries out duties successfully 391.011Creation; membership 391.013Limitation on terms of certain members 391.015Officers 391.017Meetings; quorum; travel expenses and subsistence allowances; payment of certain costs by school district or charter school 391.019Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes; reporting of certain hirings; Commission to make certain considerations when adopting regulations 391.019Regulations prescribing qualifications for licensure; fields of specialization in teaching; endorsements; issuance of licenses pursuant to alternative routes; Commission to make certain considerations when adopting regulations 391.021Regulations governing examinations for initial licensure; exemption for applicant after completion of course in subject area applicant did not pass; exemption for teachers and educational personnel who obtain reciprocal license 391.023Regulations for relief from other regulations and for resolution of medical or administrative conflicts 391.027Approval or disapproval of Commission’s regulations by State Board of Education 391.028Annual report concerning status of Commission’s regulations and work plan 391.029Provision of personnel; location of offices 391.031Kinds of licenses 391.031Kinds of licenses 391.0315Issuance of additional license or endorsement to teach outside grade level of experience; application; qualifications; exemption from student teaching under certain circumstances 391.0315Issuance of additional license to teach outside grade level of experience; application; qualifications; exemption from student teaching under certain circumstances 391.032Provisional licenses; reciprocal licensure of educational personnel from other states; licensure of member or veteran of Armed Forces or spouse of member or veteran 391.033Issuance of licenses; fingerprinting and investigation into the background of applicants; provisional licensure authorized; denial of license; immunity from liability; reciprocal agreements 391.033Issuance of licenses; fingerprinting and investigation into the background of applicants; provisional licensure authorized; denial of license; immunity from liability; reciprocal agreements 391.034Additional requirements for issuance and renewal of license: Statement regarding obligation of child support; grounds for denial of license; duty of Superintendent of Public Instruction 391.0345Additional requirements for renewal of license: Information regarding whether applicant has state business license; grounds for nonrenewal 391.0347Additional requirements for renewal of license of certain teachers: Proof of completion of course in multicultural education; regulations 391.0349Additional requirements for the renewal of certain licenses: Proof of completion of continuing education; regulations 391.035Confidentiality of application; exceptions; authorization for Department to require background investigation of certain employees 391.036Regulations of Commission providing for expedited licensure of spouse of member of Armed Forces on active duty 391.0365Prohibition on denial of licensure based on immigration or citizenship status; provision of personally identifying number required; confidentiality 391.037Regulations by Commission for approval of training offered by educational institutions to qualify person to be a teacher or administrator; satisfactory completion of course of study required of applicants for licensure; exception 391.038Review, evaluation and approval of course of study and training required for licensure of educational personnel; fee for review; hearing and judicial review of adverse action by Commission 391.039Annual evaluation by Department concerning courses of study and training approved by Commission for licensure as teacher or administrator; posting of evaluation on Department’s website 391.040Fees for issuance and renewal of licenses; fee for duplicate license; waiver of fees for certain persons affiliated with Armed Forces 391.042Department required to maintain directory of licensed educational personnel, provide school districts with electronic list of licenses that will expire and notify licensee of date of expiration 391.051License is revocable privilege 391.053“Arrest” defined 391.055Adoption of regulations to establish procedure for notification, tracking and monitoring the status of criminal cases; maintenance of file on licensee 391.056Adoption of policy by board of trustees requiring licensed employees to report arrests for or convictions of a crime; contents of policy 391.057Timely submission of information by school district or charter school 391.059Immunity from liability for certain persons involved in making report, conducting investigation or submitting information concerning arrest 391.060Authorization for school district or charter school to employ licensee who has legal right to work in United States; warrant; penalty 391.070Employment of alien teacher through program of exchange permitted 391.080Official oath for licensed employees; exception; persons authorized to administer oath 391.091Licensed teachers to complete training in certain state laws and provisions of Nevada’s Constitution; establishment of contents of training and standards of proficiency 391.092Certification 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 391.094State Board required to prescribe examination for certain paraprofessionals 391.095Student teachers: Agreement between school district or governing body of a charter school or university school and Nevada System of Higher Education or accredited postsecondary educational institution for assignment; instruction and supervision of pupils; compensation 391.096Student teachers: Employment as substitute teachers; compensation; supervision by licensed teacher 391.0965Review of person’s qualifications for license to teach or perform other educational functions; Department authorized to assess fee for such review 391.097Parent or guardian may request information regarding professional qualifications of licensed employees; annual notice of right to request information 391.098Notice to parent or guardian of pupil in Title I school if teacher is not licensed to teach or does not hold endorsement to teach in certain subject area 391.100Employment of personnel by trustees; certain paraprofessionals required to possess qualifications prescribed by State Board 391.102Transfer of teacher or administrator evaluated as developing or ineffective to another school; development of plan to address such assignments when principal of school does not consent; submission of plan to State Board 391.1025Definitions 391.103“Unsupervised contact” defined 391.1035“Volunteer” defined 391.104Fingerprinting and investigation into the background of certain applicants for employment, employees and volunteers; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; use of certain information; acceptance of gifts, grants and donations; immunity from liability 391.105Conditions under which volunteer not required to submit fingerprints 391.1055Regulations concerning method for determining whether to require volunteers of certain entities involved in work-based learning programs to submit fingerprints 391.106List of approved entities for which volunteer of entity is authorized to be volunteer for school without investigation into criminal background 391.110Employment of superintendent of schools; employment of chief financial officer of schools in certain school districts; qualifications applicable to certain school districts; review of candidate by Department; term; dismissal; contents of employment contract; administration of oaths 391.115Consideration of military education, training or occupational experience 391.115Consideration of military education, training or occupational experience 391.120Written contract of employment for licensed personnel; limitations on employment; suspension or termination for failure to maintain valid license; exception; submission of employment information to Department; confidentiality of employment information 391.122Authorization to temporarily employ as teacher person who is unlicensed and meets certain requirements; report of hiring to Department 391.125Request by board of trustees to employ teachers who do not hold appropriate endorsement if shortage exists; limitations; duty of Commission if request granted 391.135Determination of number of job vacancies; reporting 391.145Involuntary transfer or reassignment of unlicensed employees 391.155School districts required to submit biannual report to Interim Finance Committee concerning employment of consultants 391.160Determination of salaries: Standards for determining 391.1605Determination of salaries: Use of testing as factor in vertical promotion; appeals; prohibited acts; exception 391.161Determination of salaries: Increased salary for certain teachers who are certified by the National Board for Professional Teaching Standards 391.162Determination of salaries: Increased salary for certain speech-language pathologists; required classification of certain employees subject to collective bargaining agreement in same manner as certain employees licensed to practice speech-language pathology 391.163Determination of salaries: Increased salary for certain professional school library media specialists with additional certification 391.167Determination of salaries: Credit for previous teaching service 391.169Determination of salaries: Credit for previous administrative service 391.170Conditions for receipt of public money as compensation by certain teachers and other employees; exception for charter schools 391.172Reservation of money for negotiated salary increase; money does not revert and must not be subtracted from operating expenses 391.175Payment of salaries of certain teachers and other employees from apportionment of public money; deductions from salary 391.180Absences of employees: Compensation; deductions; accumulation and transfer of sick leave; intermission and extension of days of school 391.200Salaries of teachers are prior claims on school district fund 391.202Authorization to provide stipend to certain teachers of program of bilingual education; prohibition on providing stipend more than once per school year; money to be used for stipend 391.2055Legislative declaration 391.2056Establishment of Code; training on Code to teachers, administrators and others; posting of Code on Internet website 391.210Exercise of trustees’ authority in school by certain personnel 391.230Filing of licenses with superintendent of school district; exception for unlicensed teachers of charter school 391.235Board of trustees authorized to adopt policy to engage district-level administrators in classroom 391.240Teachers: Keeping register of pupils 391.260Teachers: Enforcement of courses of study, textbooks and regulations; exception for charter schools 391.270Teachers: Holding pupils to account for conduct 391.271School district to provide for legal defense of employee charged with certain crimes committed within scope of employment; exceptions 391.272School employee immune from liability for good faith intervention in certain incidents posing risks to safety; required reporting of intervention; record of reports 391.273Supervision of unlicensed personnel; exemptions; reduction of adjusted base per pupil funding for failure to comply; exception for certain unlicensed personnel of charter school; record of exempt personnel 391.274Policy prescribing duties, roles and responsibilities of school counselors; limitation on time school counselors required to assist with test administration 391.281Fingerprinting and investigation into the background of applicant for employment or appointment as school police officer and certain nonlicensed employees; use of certain information; disqualification of certain applicants, employees and volunteers; acceptance of gifts, grants and donations; immunity from liability; employment of school police officers; contract for police services; training in prevention of suicide and active assailant movement techniques 391.282Jurisdiction 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 391.283Policy for procedures to be followed by peace officers in arresting pupil on school grounds during school hours 391.284Report relating to use of force by school police officers: Publication; contents 391.291Supervision by chief nurse required; qualifications for employment as school nurse; designation of school employees authorized to administer auto-injectable epinephrine or opioid antagonist 391.291Supervision by chief nurse required; qualifications for employment as school nurse; designation of school employees authorized to administer auto-injectable epinephrine or opioid antagonist 391.292Duties of school nurse 391.293Duties, authority and supervision of school counselor 391.294Authority and supervision of school psychologist 391.296Authority and supervision of school social worker 391.297Prohibition against using artificial intelligence to perform certain functions and duties of school counselor, school psychologist or school social worker; Department to develop policy for use of artificial intelligence by such personnel; use of artificial intelligence authorized in certain circumstances 391.301“Employee” defined 391.3015Limited exception from provisions for lapse of license during time school is in session 391.302Suspension and termination required; exception; reinstatement if extension of time or other relief granted 391.305Notice of suspension; effect of reinstatement of license within prescribed period; termination for failure to reinstate license 391.308Hearing to determine whether additional time to reinstate license should be granted; transmittal of written ruling; effect of ruling 391.309Effect of provisions 391.320Suspension or revocation of teacher’s license by State Board 391.321Mandatory suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license 391.322Notice 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 391.323Time of hearing; report and recommendation by hearing officer; action by State Board of Education upon receipt of report 391.330Grounds for suspension or revocation of license or letter of reprimand; process for issuance of letter of reprimand; reinstatement of suspended license 391.340Revocation or forfeiture for falsely reporting pupils’ attendance 391.350Suspension 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 391.355Procedure for conduct of hearings 391.361Charges not to become part of employee’s permanent record if State Board of Education determines evidence insufficient 391.365Reimbursement for cost of course work to receive endorsement 391.375Plan of school district for extension of benefits of social security to substitute teachers; approval by state agency 391.380Annuities or shares for employees: Purchase; conditions 391.390Creation; members; coordination of appointments; election of Chair and Vice Chair; members serve without compensation; allowance and travel expenses 391.392Duties 391.450“Council” defined 391.455Creation of Council; membership; terms; election of Chair; meetings and quorum; allowance and travel expenses; administrative support by Department; payment of certain costs by school district or charter school 391.460Recommendations to State Board concerning statewide performance evaluation system; authorization to establish working groups and task forces 391.465State Board to establish statewide performance evaluation system and prescribe tools to be used by schools to measure performance; school district authorized to apply to use different performance evaluation system and tools; prohibition against evaluating certain administrators using statewide performance evaluation system 391.470Annual report by school districts concerning process for peer observations of teachers 391.475Electronic tool for providing documents concerning evaluations 391.480Development of learning goals for pupils; Department to establish list of assessments to measure achievement of learning goals; evaluation of educational personnel based on achievement of learning goals; regulations 391.485Annual review of statewide performance evaluation system; annual review of manner in which schools carry out evaluations pursuant to system 391.486Definitions 391.488“Education support professional” defined 391.490“Task Force” defined 391.492Creation; members; terms; vacancies; Chair; quorum; members serve without compensation; members holding office or employed by governmental entity; administrative support 391.494Qualifications of members; application for membership 391.496Duties 391.650Definitions 391.655Applicability of NRS 391.650 to 391.826, inclusive; exceptions 391.660Contract negotiated by collective bargaining may supersede provisions of NRS 391.650 to 391.826, inclusive; exceptions 391.675Evaluations of counselors, librarians and certain other licensed educational personnel; provision of copy of evaluation and assistance to employee 391.680Policy for evaluations of teachers; conference required before and after each scheduled observation 391.685Evaluations of probationary teachers; evaluations to be based upon certain number of scheduled observation cycles 391.690Evaluations of postprobationary teachers; evaluations based upon certain number of scheduled observation cycles; request by postprobationary teacher for another evaluator 391.695Requirements 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 391.700Policy for evaluations of administrators; conference required before and after each scheduled observation 391.705Evaluations of probationary administrators; evaluations to be based upon certain number of scheduled observation cycles 391.710Evaluations of postprobationary administrators; evaluations to be based upon certain number of scheduled observation cycles 391.715Requirements 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 391.717At-will employment of principal; resumption of at-will status following probationary period under certain circumstances; nonrenewal of contract 391.720Procedures for transfer or reassignment of administrators and appeal to board 391.725Evaluation designating performance of probationary employee as ineffective: Contents of written statement included in evaluation; request for another evaluator; request for assistance in improving performance 391.730Postprobationary employee whose performance is designated as developing or ineffective deemed probationary and required to serve additional probationary period in certain circumstances; authorization to notify such employee who receives such rating in 2 consecutive school years that employee will be dismissed or not reemployed; Department to provide support to certain public schools 391.730Postprobationary employee whose performance is designated as developing or ineffective deemed probationary and required to serve additional probationary period in certain circumstances 391.750Grounds for suspension, demotion, dismissal and refusal to reemploy teachers and administrators; consideration of evaluations and standards of performance 391.755Duties of administrator when admonishing employee in certain circumstances; removal of admonition from records; when admonition not required; grounds for immediate action without admonition 391.760Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension 391.765Recommendation for demotion, dismissal or nonreemployment; request for appointment of hearing officer 391.770Request for hearing officer; appointment; procedures for challenging selection of hearing officer; duties of hearing officer 391.775Notice 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 391.780Request for hearing: Action by superintendent 391.785Procedures for hearing; payment for expenses of hearing officer and transcript 391.790Person with communications disability entitled to use of registered community interpreter at hearing 391.795Written report of hearing: Contents; final and binding if so agreed; time limited for filing 391.800Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review 391.810Reemployment of postprobationary employees: Notice of reemployment or delivery of contract; acceptance of employment 391.815Certain postprobationary employees subsequently employed by another school district or charter school not required to serve probationary period; exception 391.820Probationary employment: Term; notice of reemployment; school district required to offer probationary administrator contract as teacher under certain circumstances 391.822Written notice of intent to dismiss probationary employee required; contents of notice 391.824Request and procedures for expedited hearing concerning dismissal of probationary employee; actions of superintendent upon receipt of report from arbitrator 391.826Actions of board upon recommendation to dismiss probationary employee; decision of board final 391.827Authorization to place certain postprobationary teachers on probation; notice of placement; performance improvement plan; prohibition on reassignment or transfer of such teachers; exceptions; evaluation; additional probationary period; Department to provide support to certain school districts and charter schools 391.828Department to adopt regulations establishing framework for performance improvement plan for postprobationary teachers; contents; professional development; assignment of mentor or instructional coach; quarterly review and assessment of progress of such teachers 391.829Authorization to place certain postprobationary administrators on probation; notice of placement; performance improvement plan; prohibition on reassignment or transfer of such administrators; exceptions; evaluation; additional probationary period; Department to provide support to certain school districts and charter schools 391.831Department to adopt regulations establishing framework for performance improvement plan for postprobationary administrators; contents; professional development; assignment of mentor or instructional coach; quarterly review and assessment of progress of such administrators 391.832Department to establish data-tracking system to monitor certain programs that provide training for administrators; requirements of system; report; recommendations 391.850Definitions 391.855“Local educational agency” defined 391.860“Sexual misconduct” defined 391.865“Sexual offense” defined 391.875Prohibition on assisting person who has engaged in sexual misconduct with minor or pupil to obtain new employment at public school; exception; regulations 391.880Agreement to keep conviction of sexual offense involving minor confidential prohibited 391.885Certain applicants for employment to submit additional information regarding prior employment; action based on such information must be brought in State; penalties for providing false or incomplete information 391.890Actions to be taken to verify information provided by applicant; employer or former employer required to provide such information; immunity from liability for providing information; penalties for willful failure to disclose information 391.895Certain employers to provide additional information and records concerning former employee; exception; immunity from liability; penalties for willful failure to disclose information 391.900Consideration of certain additional information provided by former employer of applicant; report of additional information to appropriate authority; immunity from liability for certain acts or omissions 391.905Duties of independent contractor who employs a person who may have direct contact with pupils; required disclosures by independent contractor before assigning employee to public school; prohibition on assignment of employee upon objection 391.910Provisional employment pending review of information 391.915Certain rights not affected by provisions 391.920Prohibition on agreement that affects the ability to obtain or provide information relating to suspected abuse or sexual misconduct; employer to maintain certain information in personnel file 391.925Confidentiality 391.930Civil penalties; Department to maintain list of independent contractors who have willfully violated certain provisions; prohibition against contracting with such independent contractors 391.940“Advisory Committee” defined 391.942Creation; membership; vacancy; quorum; Chair; meetings; members serve without compensation; members holding public office or employed by governmental entity 391.944Duties of Advisory Committee