ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 1 through 3 as sections 7 through 9 and adding new sections designated sections 1 through 6, following the enacting clause, to read as follows:
“Section 1. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “employee” means a person who:
1. Is employed by a school district in this state; and
2. Is required, as a condition of his employment, to hold a license issued pursuant to this chapter.
Sec. 3. 1. If an employee fails to maintain his license in force, the school district that employs him shall:
(a) Immediately suspend the employee without pay; and
(b) Terminate his employment if he fails to reinstate his license within the time prescribed by subsection 2 of section 4 of this act.
2. If an employee is suspended pursuant to this section and, within 60 days after the date of suspension, is granted by the Department or Commission an extension of time or any other relief which has the effect of reinstating or continuing his license in force, the suspension of the employee is ineffective and the school district shall immediately reinstate the employee while his license remains in force. The employee must be reinstated to the position he held at the time of his suspension. If the employee thereafter fails again to maintain his license in force, the school district shall again suspend the employee without pay and proceed in accordance with sections 4, 5 and 6 of this act.
Sec. 4. 1. If a school district is required to suspend an employee pursuant to section 3 of this act, the superintendent of schools of the school district shall provide written notice of the suspension to the employee by personal delivery or by certified mail. The notice must:
(a) Include a copy of the text of the provisions of sections 2 to 6, inclusive, of this act;
(b) Inform the employee that his employment will be terminated unless he reinstates his license within the time prescribed by subsection 2;
(c) Set forth the date on which the period for reinstatement of his license will expire;
(d) Advise the employee of his right to a hearing pursuant to section 5 of this act;
(e) Include a copy of the form upon which the employee may request a hearing; and
(f) Set forth the name and address of the person to whom a request for a hearing should be directed.
2. If an employee reinstates his license:
(a) Within 60 days after the date of the notice of suspension; or
(b) Within any longer period authorized by the superintendent of schools of the school district or his designee pursuant to section 5 of this act,
FLUSH
the school
district shall immediately reinstate the employee to the position that he held
at the time of his suspension.
3. If an employee fails to reinstate his license within the time prescribed by subsection 2, his employment shall be deemed to have terminated as of the date of his suspension pursuant to section 3 of this act. The superintendent of schools of the school district shall provide written notice of the termination to the employee by personal delivery or by certified mail. The failure of the employee to receive the notice required by this subsection does not render the termination ineffective.
Sec. 5. 1. An employee who is suspended by a school district pursuant to section 3 of this act is entitled to a hearing if he makes a timely request for a hearing, as set forth in this section. A request for a hearing must:
(a) Be received, within 15 days after the date of the notice of suspension, by the person designated by the school district pursuant to paragraph (f) of subsection 1 of section 4 of this act;
(b) Set forth any facts which the employee believes are relevant; and
(c) Be accompanied by a copy of any documents which the employee believes are relevant.
2. If an employee fails to make a timely request for a hearing pursuant to this section, the right of the employee to reinstatement by the school district pursuant to subsection 2 of section 4 of this act is not affected if he satisfies the requirements of that subsection.
3. If a timely request for a hearing is made, the superintendent of schools of the school district or his designee shall convene a hearing to consider whether extenuating circumstances exist that warrant an extension of the time prescribed by paragraph (a) of subsection 2 of section 4 of this act for reinstatement of his license.
4. A hearing required by this section must be held within 20 days after the date of notice of suspension. The employee and the school district are each entitled to:
(a) Present evidence;
(b) Cross-examine witnesses; and
(c) Be represented by counsel or any other person.
5. Immediately upon conclusion of the hearing, the superintendent of schools of the school district or his designee shall issue a ruling. The ruling must:
(a) State whether the employee will be granted an extension of time for reinstatement of his license;
(b) Set forth the factual basis for his determination; and
(c) State the date on which an extension, if any, will expire.
6. In addition to the requirements of subsection 5, the ruling must be set forth in writing. Not later than 3 working days after the conclusion of the hearing, a copy of the written ruling must be mailed or personally delivered to the employee and the person who represented the employee during the hearing, if any. The failure of an employee to receive a copy of the written ruling does not render the ruling ineffective.
7. If an employee is granted an extension of time pursuant to this section, that extension is effective only for the purposes of the employment relationship between the school district and the employee and is not binding on the Department or Commission.
Sec. 6. The provisions of sections 2 to 6, inclusive, of this act do not:
1. Limit any right or remedy an employee may have against an agency or official of this state based upon the loss of his license.
2. Preclude a school district from employing a person as a substitute teacher or in any other position for which he is legally qualified.”.
Amend sec. 2, page 3, by deleting lines 2 through 4 and inserting:
“shall suspend or terminate, as applicable, the employment of any teacher who fails to maintain a license issued pursuant to this chapter in force, if such a license is required for employment. Any such suspension or termination must comply with the requirements of sections 2 to 6, inclusive, of this act.”.
Amend sec. 3, page 3, by deleting lines 20 through 22 and inserting:
“not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 for failure to maintain a license in force.”
Amend the bill as a whole by renumbering sec. 4 as sec. 11 and adding a new section designated sec. 10, following sec. 3, to read as follows:
“Sec. 10. 1. The provisions of sections 2 to 6, inclusive, of this act and the amendatory provisions of sections 8 and 9 of this act are applicable to any employee:
(a) Whose license expires or is revoked, or who fails for any other reason to maintain his license in force, on or after the effective date of this act.
(b) Who:
(1) Fails for any reason to maintain his license in force before the effective date of this act; and
(2) Has not, as of the effective date of this act, received a hearing before a hearing officer or arbitrator pursuant to NRS 391.311 to 391.3197, inclusive.
2. The superintendent of schools of a school district that employs a person described in paragraph (b) of subsection 1, shall, as soon as practicable after the effective date of this act, provide notice to the employee in the manner required by section 4 of this act. Upon issuance of the notice, the employee shall be deemed to have the rights, remedies and duties set forth in sections 2 to 6, inclusive, of this act.”.
Amend the title of the bill to read as follows:
“AN ACT relating to educational personnel; providing that the employment of a teacher for whom a license is required must be suspended or terminated for failure to maintain a license in force; prescribing administrative procedural protections for certain teachers who are suspended for failure to maintain a license in force; providing that certain other existing administrative procedural protections do not apply to a teacher whose employment is suspended or terminated for failure to maintain a license in force; revising the definition of “immorality” applicable to the licensed employees of a school district to include the commission of certain drug-related offenses and sexual conduct or attempted sexual conduct with a pupil; and providing other matters properly relating thereto.”.