Assembly Bill No. 660–Committee on Education

 

CHAPTER..........

 

AN ACT relating to educational personnel; prohibiting under certain circumstances the boards of trustees of school districts from requiring certain licensed employees on leave of absence from employment to submit fingerprints as a condition of return to employment; 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. NRS 391.100 is hereby amended to read as follows:

   391.100  1.  The board of trustees of a school district may employ a

 superintendent of schools, teachers and all other necessary employees.

   2.  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; and

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

 teacher aides.

   3.  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 his fingerprints and written permission authorizing the

 school district to forward the fingerprints to the Federal Bureau of

 Investigation and the central repository for Nevada records of criminal

 history for their reports on the criminal history of the applicant.

   4.  Except as otherwise provided in subsection 5, 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.,

to submit a set of his 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.

   5.  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 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 leave of absence.

   6.  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. In addition, persons who provide police services pursuant to

 subsection [5 or 6] 7 or 8 shall be deemed school police officers.

   [5.] 7.  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. 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 and on property owned by the school district , but outside the

 jurisdiction of the metropolitan police department.

   [6.] 8.  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 and on

 property therein that is owned by the school district.

   Sec. 2.  NRS 289.190 is hereby amended to read as follows:

   289.190  1.  A person employed or appointed to serve as a school

 police officer pursuant to subsection [4] 6 of NRS 391.100 has the powers

 of a peace officer.

   2.  A person appointed pursuant to NRS 393.0718 by the board of

 trustees of any school district has the powers of a peace officer to carry out

 the intents and purposes of NRS 393.071 to 393.0719, inclusive.

   3.  Members of every board of trustees of a school district,

 superintendents of schools, principals and teachers have concurrent power

 with peace officers for the protection of children in school and on the way

 to and from school, and for the enforcement of order and discipline among

 such children, including children who attend school within one school

 district but reside in an adjoining school district or adjoining state,

 pursuant to the provisions of chapter 392 of NRS. This subsection must

 not be construed so as to make it the duty of superintendents of schools,

 principals and teachers to supervise the conduct of children while not on

 the school property.

   Sec. 3.  This act becomes effective upon passage and approval.

 

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