Senate Bill No. 460–Committee on Human
Resources and Facilities

 

(On Behalf of the Clark County
School District)

 

March 24, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions governing licensed employees of school districts. (BDR 34‑450)

 

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; 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; providing that the employment of a teacher for whom a license is required must be terminated for failure to maintain a valid license; providing that certain administrative procedural protections do not apply to a teacher whose employment is terminated for failure to maintain a valid license; 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 391.311 is hereby amended to read as follows:

1-2  391.311  As used in NRS 391.311 to 391.3197, inclusive,

1-3  unless the context otherwise requires:

1-4  1.  “Administrator” means any employee who holds a license as

1-5  an administrator and who is employed in that capacity by a school

1-6  district.

2-1  2.  “Board” means the board of trustees of the school district in

2-2  which a licensed employee affected by NRS 391.311 to 391.3197,

2-3  inclusive, is employed.

2-4  3.  “Demotion” means demotion of an administrator to a

2-5  position of lesser rank, responsibility or pay and does not include

2-6  transfer or reassignment for purposes of an administrative

2-7  reorganization.

2-8  4.  “Immorality” means [an] :

2-9  (a) An act forbidden by NRS 200.366, 200.368, 200.400,

2-10  200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 [or

2-11  207.260.] , 201.560, 207.260, 453.316 to 453.336, inclusive,

2-12  453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or

2-13  453.562; or

2-14      (b) An act forbidden by NRS 201.540 or any other sexual

2-15  conduct or attempted sexual conduct with a pupil enrolled in an

2-16  elementary or secondary school. As used in this paragraph,

2-17  “sexual conduct” has the meaning ascribed to it in NRS 201.520.

2-18      5.  “Postprobationary employee” means an administrator or a

2-19  teacher who has completed the probationary period as provided in

2-20  NRS 391.3197 and has been given notice of reemployment.

2-21      6.  “Probationary employee” means an administrator or a

2-22  teacher who is employed for the period set forth in NRS 391.3197.

2-23      7.  “Superintendent” means the superintendent of a school

2-24  district or a person designated by the board or superintendent to act

2-25  as superintendent during the absence of the superintendent.

2-26      8.  “Teacher” means a licensed employee the majority of whose

2-27  working time is devoted to the rendering of direct educational

2-28  service to pupils of a school district.

2-29      Sec. 2.  NRS 391.120 is hereby amended to read as follows:

2-30      391.120  1.  Boards of trustees of the school districts in this

2-31  state may employ legally qualified teachers and other licensed

2-32  personnel and may determine their salaries and the length of the

2-33  term of school for which they are employed. These conditions and

2-34  any other conditions agreed upon by the parties must be embodied

2-35  in a written contract, or notice of reemployment, to be approved by

2-36  the board of trustees and accepted and signed by the employee. A

2-37  copy of the contract or notice of reemployment, properly written,

2-38  must be delivered to each teacher or other licensed employee not

2-39  later than the opening of the term of school.

2-40      2.  A board of trustees may not employ teachers or other

2-41  licensed personnel for any school year commencing after the

2-42  expiration of the time for which any member of the board of trustees

2-43  was elected or appointed.

2-44      3.  It is unlawful for the board of trustees of any school district

2-45  to employ any teacher who is not legally qualified to teach all the

3-1  grades which the teacher is engaged to teach. The board of trustees

3-2  shall terminate the employment of any teacher who fails to

3-3  maintain a valid license issued pursuant to this chapter, if such a

3-4  license is required for employment.

3-5  4.  On or before November 15 of each year, the school district

3-6  shall submit to the Department, in a form prescribed by the

3-7  Superintendent of Public Instruction, the following information for

3-8  each licensed employee employed by the school district on

3-9  October 1 of that year:

3-10      (a) The amount of salary of the employee; and

3-11      (b) The designated assignment, as that term is defined by the

3-12  Department of Education, of the employee.

3-13      Sec. 3.  NRS 391.3115 is hereby amended to read as follows:

3-14      391.3115  1.  The demotion, suspension, dismissal and

3-15  nonreemployment provisions of NRS 391.311 to 391.3197,

3-16  inclusive, do not apply to:

3-17      (a) Substitute teachers; or

3-18      (b) Adult education teachers.

3-19      2.  The provisions of NRS 391.311 to 391.3194, inclusive, do

3-20  not apply to a teacher whose employment is terminated pursuant

3-21  to subsection 3 of NRS 391.120 for failure to maintain a valid

3-22  license.

3-23      3.  A licensed employee who is employed in a position fully

3-24  funded by a federal or private categorical grant or to replace another

3-25  licensed employee during that employee’s leave of absence is

3-26  employed only for the duration of the grant or leave. Such a licensed

3-27  employee and licensed employees who are employed on temporary

3-28  contracts for 90 school days or less to replace licensed employees

3-29  whose employment has terminated after the beginning of the school

3-30  year are entitled to credit for that time in fulfilling any period of

3-31  probation and during that time the provisions of NRS 391.311 to

3-32  391.3197, inclusive, for demotion, suspension or dismissal apply to

3-33  them.

3-34      Sec. 4.  This act becomes effective upon passage and approval.

 

3-35  H