(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 660–Committee on Education

 

March 26, 2001

____________

 

Referred to Committee on Education

 

SUMMARY—Prohibits boards of trustees of school districts from requiring certain licensed employees to submit fingerprints. (BDR 34‑1457)

 

FISCAL NOTE:  Effect on Local Government: No.

                             Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

1-1    Section 1. NRS 391.100 is hereby amended to read as follows:

1-2    391.100  1.  The board of trustees of a school district may employ a

1-3  superintendent of schools, teachers and all other necessary employees.

1-4    2.  The board of trustees of a school district:

1-5    (a) May employ teacher aides and other auxiliary, nonprofessional

1-6  personnel to assist licensed personnel in the instruction or supervision of

1-7  children, either in the classroom or at any other place in the school or on

1-8  the grounds thereof; and

1-9    (b) Shall establish policies governing the duties and performance of

1-10  teacher aides.

1-11    3.  Each applicant for employment pursuant to this section, except a

1-12  teacher or other person licensed by the superintendent of public instruction,

1-13  must, as a condition to employment, submit to the school district a full set

1-14  of his fingerprints and written permission authorizing the school district to

1-15  forward the fingerprints to the Federal Bureau of Investigation and the

1-16  central repository for Nevada records of criminal history for their reports

1-17  on the criminal history of the applicant.

1-18    4.  Except as otherwise provided in subsection 5, the board of trustees

1-19  of a school district shall not require a licensed teacher or other person

1-20  licensed by the superintendent of public instruction pursuant to NRS

1-21  391.033 who has taken a leave of absence from employment authorized

1-22  by the school district, including, without limitation:

2-1    (a) Sick leave;

2-2    (b) Sabbatical leave;

2-3    (c) Personal leave;

2-4    (d) Leave for attendance at a regular or special session of the

2-5  legislature of this state if the employee is a member thereof;

2-6    (e) Maternity leave; and

2-7    (f) Leave permitted by the Family and Medical Leave Act of 1993, 29

2-8  U.S.C. §§ 2601 et seq.,

2-9  to submit a set of his fingerprints as a condition of return to or continued

2-10  employment with the school district if the employee is in good standing

2-11  when the employee began the leave.

2-12  5.  The board of trustees of a school district may require a licensed

2-13  teacher or other person licensed by the superintendent of public

2-14  instruction pursuant to NRS 391.033 who has taken a leave of absence

2-15  from employment authorized by the school district to submit a set of his

2-16  fingerprints as a condition of return to or continued employment with the

2-17  school district if the board of trustees has credible information that the

2-18  person has committed a felony or an offense involving moral turpitude

2-19  during the period of his leave of absence.

2-20  6.  The board of trustees of a school district may employ or appoint

2-21  persons to serve as school police officers. If the board of trustees of a

2-22  school district employs or appoints persons to serve as school police

2-23  officers, the board of trustees shall employ a law enforcement officer to

2-24  serve as the chief of school police who is supervised by the superintendent

2-25  of schools of the school district. The chief of school police shall supervise

2-26  each person appointed or employed by the board of trustees as a school

2-27  police officer. In addition, persons who provide police services pursuant to

2-28  subsection [5 or 6] 7 or 8 shall be deemed school police officers.

2-29    [5.] 7.  The board of trustees of a school district in a county that has a

2-30  metropolitan police department created pursuant to chapter 280 of NRS,

2-31  may contract with the metropolitan police department for the provision and

2-32  supervision of police services in the public schools within the jurisdiction

2-33  of the metropolitan police department and on property therein that is

2-34  owned by the school district. If a contract is entered into pursuant to this

2-35  subsection, the contract must make provision for the transfer of each school

2-36  police officer employed by the board of trustees to the metropolitan police

2-37  department. If the board of trustees of a school district contracts with a

2-38  metropolitan police department pursuant to this subsection, the board of

2-39  trustees shall, if applicable, cooperate with appropriate local law

2-40  enforcement agencies within the school district for the provision and

2-41  supervision of police services in the public schools within the school

2-42  district and on property owned by the school district , but outside the

2-43  jurisdiction of the metropolitan police department.

2-44    [6.] 8.  The board of trustees of a school district in a county that does

2-45  not have a metropolitan police department created pursuant to chapter 280

2-46  of NRS may contract with the sheriff of that county for the provision of

2-47  police services in the public schools within the school district and on

2-48  property therein that is owned by the school district.

 

3-1    Sec. 2.  NRS 289.190 is hereby amended to read as follows:

3-2    289.190  1.  A person employed or appointed to serve as a school

3-3  police officer pursuant to subsection [4] 6 of NRS 391.100 has the powers

3-4  of a peace officer.

3-5    2.  A person appointed pursuant to NRS 393.0718 by the board of

3-6  trustees of any school district has the powers of a peace officer to carry out

3-7  the intents and purposes of NRS 393.071 to 393.0719, inclusive.

3-8    3.  Members of every board of trustees of a school district,

3-9  superintendents of schools, principals and teachers have concurrent power

3-10  with peace officers for the protection of children in school and on the way

3-11  to and from school, and for the enforcement of order and discipline among

3-12  such children, including children who attend school within one school

3-13  district but reside in an adjoining school district or adjoining state, pursuant

3-14  to the provisions of chapter 392 of NRS. This subsection must not be

3-15  construed so as to make it the duty of superintendents of schools, principals

3-16  and teachers to supervise the conduct of children while not on the school

3-17  property.

3-18    Sec. 3.  This act becomes effective upon passage and approval.

 

3-19  H