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.

 

~

 

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

 

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.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

2-1  Section 1. Chapter 391 of NRS is hereby amended by adding

2-2  thereto the provisions set forth as sections 2 to 6, inclusive, of this

2-3  act.

2-4  Sec. 2.  As used in sections 2 to 6, inclusive, of this act, unless

2-5  the context otherwise requires, “employee” means a person who:

2-6  1.  Is employed by a school district in this state; and

2-7  2.  Is required, as a condition of his employment, to hold a

2-8  license issued pursuant to this chapter.

2-9  Sec. 3.  1.  If an employee fails to maintain his license in

2-10  force, the school district that employs him shall:

2-11      (a) Immediately suspend the employee without pay; and

2-12      (b) Terminate his employment if he fails to reinstate his license

2-13  within the time prescribed by subsection 2 of section 4 of this act.

2-14      2.  If an employee is suspended pursuant to this section and,

2-15  within 90 days after the date of suspension, is granted by the

2-16  Department or Commission an extension of time or any other

2-17  relief which has the effect of reinstating or continuing his license

2-18  in force, the suspension of the employee is ineffective and the

2-19  school district shall immediately reinstate the employee while his

2-20  license remains in force. The employee must be reinstated to the

2-21  position he held at the time of his suspension. If the employee

2-22  thereafter fails again to maintain his license in force, the school

2-23  district shall again suspend the employee without pay and proceed

2-24  in accordance with sections 4, 5 and 6 of this act.

2-25      Sec. 4.  1.  If a school district is required to suspend an

2-26  employee pursuant to section 3 of this act, the superintendent of

2-27  schools of the school district shall provide written notice of the

2-28  suspension to the employee by personal delivery or by certified

2-29  mail. The notice must:

2-30      (a) Include a copy of the text of the provisions of sections 2 to

2-31  6, inclusive, of this act;

2-32      (b) Inform the employee that his employment will be

2-33  terminated unless he reinstates his license within the time

2-34  prescribed by subsection 2;

2-35      (c) Set forth the date on which the period for reinstatement of

2-36  his license will expire;

2-37      (d) Advise the employee of his right to a hearing pursuant to

2-38  section 5 of this act;

2-39      (e) Include a copy of the form upon which the employee may

2-40  request a hearing; and

2-41      (f) Set forth the name and address of the person to whom a

2-42  request for a hearing should be directed.

2-43      2.  If an employee reinstates his license:

2-44      (a) Within 90 days after the date of the notice of suspension;

2-45  or

3-1  (b)  Within any longer period authorized by the superintendent

3-2  of schools of the school district or his designee pursuant to section

3-3  5 of this act,

3-4  the school district shall immediately reinstate the employee to the

3-5  position that he held at the time of his suspension.

3-6  3.  If an employee fails to reinstate his license within the time

3-7  prescribed by subsection 2, his employment shall be deemed to

3-8  have terminated as of the date of his suspension pursuant to

3-9  section 3 of this act. The superintendent of schools of the school

3-10  district shall provide written notice of the termination to the

3-11  employee by personal delivery or by certified mail. The failure of

3-12  the employee to receive the notice required by this subsection does

3-13  not render the termination ineffective.

3-14      Sec. 5.  1.  An employee who is suspended by a school

3-15  district pursuant to section 3 of this act is entitled to a hearing if

3-16  he makes a timely request for a hearing, as set forth in this

3-17  section. A request for a hearing must:

3-18      (a) Be received, within 15 days after the date of the notice of

3-19  suspension, by the person designated by the school district

3-20  pursuant to paragraph (f) of subsection 1 of section 4 of this act;

3-21      (b) Set forth any facts which the employee believes are

3-22  relevant; and

3-23      (c) Be accompanied by a copy of any documents which the

3-24  employee believes are relevant.

3-25      2.  If an employee fails to make a timely request for a hearing

3-26  pursuant to this section, the right of the employee to reinstatement

3-27  by the school district pursuant to subsection 2 of section 4 of this

3-28  act is not affected if he satisfies the requirements of that

3-29  subsection.

3-30      3.  If a timely request for a hearing is made, the

3-31  superintendent of schools of the school district or his designee

3-32  shall convene a hearing to consider whether extenuating

3-33  circumstances exist that warrant an extension of the time

3-34  prescribed by paragraph (a) of subsection 2 of section 4 of this act

3-35  for reinstatement of his license.

3-36      4.  A hearing required by this section must be held within 20

3-37  days after the date of notice of suspension. The employee and the

3-38  school district are each entitled to:

3-39      (a) Present evidence;

3-40      (b) Cross-examine witnesses; and

3-41      (c) Be represented by counsel or any other person.

3-42      5.  Immediately upon conclusion of the hearing, the

3-43  superintendent of schools of the school district or his designee

3-44  shall issue a ruling. The ruling must:

4-1  (a) State whether the employee will be granted an extension of

4-2  time for reinstatement of his license;

4-3  (b) Set forth the factual basis for his determination; and

4-4  (c) State the date on which an extension, if any, will expire.

4-5  6.  In addition to the requirements of subsection 5, the ruling

4-6  must be set forth in writing. Not later than 3 working days after

4-7  the conclusion of the hearing, a copy of the written ruling must be

4-8  mailed or personally delivered to the employee and the person who

4-9  represented the employee during the hearing, if any. The failure of

4-10  an employee to receive a copy of the written ruling does not render

4-11  the ruling ineffective.

4-12      7.  If an employee is granted an extension of time pursuant to

4-13  this section, that extension is effective only for the purposes of the

4-14  employment relationship between the school district and the

4-15  employee and is not binding on the Department or Commission.

4-16      Sec. 6.  The provisions of sections 2 to 6, inclusive, of this act

4-17  do not:

4-18      1.  Limit any right or remedy an employee may have against

4-19  an agency or official of this state based upon the loss of his

4-20  license.

4-21      2.  Preclude a school district from employing a person as a

4-22  substitute teacher or in any other position for which he is legally

4-23  qualified.

4-24      Sec. 7.  NRS 391.311 is hereby amended to read as follows:

4-25      391.311  As used in NRS 391.311 to 391.3197, inclusive,

4-26  unless the context otherwise requires:

4-27      1.  “Administrator” means any employee who holds a license as

4-28  an administrator and who is employed in that capacity by a school

4-29  district.

4-30      2.  “Board” means the board of trustees of the school district in

4-31  which a licensed employee affected by NRS 391.311 to 391.3197,

4-32  inclusive, is employed.

4-33      3.  “Demotion” means demotion of an administrator to a

4-34  position of lesser rank, responsibility or pay and does not include

4-35  transfer or reassignment for purposes of an administrative

4-36  reorganization.

4-37      4.  “Immorality” means [an] :

4-38      (a) An act forbidden by NRS 200.366, 200.368, 200.400,

4-39  200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 [or

4-40  207.260.] , 201.560, 207.260, 453.316 to 453.336, inclusive,

4-41  453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or

4-42  453.562; or

4-43      (b) An act forbidden by NRS 201.540 or any other sexual

4-44  conduct or attempted sexual conduct with a pupil enrolled in an

5-1  elementary or secondary school. As used in this paragraph,

5-2  “sexual conduct” has the meaning ascribed to it in NRS 201.520.

5-3  5.  “Postprobationary employee” means an administrator or a

5-4  teacher who has completed the probationary period as provided in

5-5  NRS 391.3197 and has been given notice of reemployment.

5-6  6.  “Probationary employee” means an administrator or a

5-7  teacher who is employed for the period set forth in NRS 391.3197.

5-8  7.  “Superintendent” means the superintendent of a school

5-9  district or a person designated by the board or superintendent to act

5-10  as superintendent during the absence of the superintendent.

5-11      8.  “Teacher” means a licensed employee the majority of whose

5-12  working time is devoted to the rendering of direct educational

5-13  service to pupils of a school district.

5-14      Sec. 8.  NRS 391.120 is hereby amended to read as follows:

5-15      391.120  1.  Boards of trustees of the school districts in this

5-16  state may employ legally qualified teachers and other licensed

5-17  personnel and may determine their salaries and the length of the

5-18  term of school for which they are employed. These conditions and

5-19  any other conditions agreed upon by the parties must be embodied

5-20  in a written contract, or notice of reemployment, to be approved by

5-21  the board of trustees and accepted and signed by the employee. A

5-22  copy of the contract or notice of reemployment, properly written,

5-23  must be delivered to each teacher or other licensed employee not

5-24  later than the opening of the term of school.

5-25      2.  A board of trustees may not employ teachers or other

5-26  licensed personnel for any school year commencing after the

5-27  expiration of the time for which any member of the board of trustees

5-28  was elected or appointed.

5-29      3.  It is unlawful for the board of trustees of any school district

5-30  to employ any teacher who is not legally qualified to teach all the

5-31  grades which the teacher is engaged to teach. The board of trustees

5-32  shall suspend or terminate, as applicable, the employment of any

5-33  teacher who fails to maintain a license issued pursuant to this

5-34  chapter in force, if such a license is required for employment. Any

5-35  such suspension or termination must comply with the

5-36  requirements of sections 2 to 6, inclusive, of this act.

5-37      4.  On or before November 15 of each year, the school district

5-38  shall submit to the Department, in a form prescribed by the

5-39  Superintendent of Public Instruction, the following information for

5-40  each licensed employee employed by the school district on

5-41  October 1 of that year:

5-42      (a) The amount of salary of the employee; and

5-43      (b) The designated assignment, as that term is defined by the

5-44  Department of Education, of the employee.

 

6-1  Sec. 9.  NRS 391.3115 is hereby amended to read as follows:

6-2  391.3115  1.  The demotion, suspension, dismissal and

6-3  nonreemployment provisions of NRS 391.311 to 391.3197,

6-4  inclusive, do not apply to:

6-5  (a) Substitute teachers; or

6-6  (b) Adult education teachers.

6-7  2.  The provisions of NRS 391.311 to 391.3194, inclusive, do

6-8  not apply to a teacher whose employment is suspended or

6-9  terminated pursuant to subsection 3 of NRS 391.120 for failure to

6-10  maintain a license in force.

6-11      3.  A licensed employee who is employed in a position fully

6-12  funded by a federal or private categorical grant or to replace another

6-13  licensed employee during that employee’s leave of absence is

6-14  employed only for the duration of the grant or leave. Such a licensed

6-15  employee and licensed employees who are employed on temporary

6-16  contracts for 90 school days or less to replace licensed employees

6-17  whose employment has terminated after the beginning of the school

6-18  year are entitled to credit for that time in fulfilling any period of

6-19  probation and during that time the provisions of NRS 391.311 to

6-20  391.3197, inclusive, for demotion, suspension or dismissal apply to

6-21  them.

6-22      Sec. 10.  1.  The provisions of sections 2 to 6, inclusive, of

6-23  this act and the amendatory provisions of sections 8 and 9 of this act

6-24  are applicable to any employee:

6-25      (a) Whose license expires or is revoked, or who fails for any

6-26  other reason to maintain his license in force, on or after the effective

6-27  date of this act.

6-28      (b) Who:

6-29          (1) Fails for any reason to maintain his license in force

6-30  before the effective date of this act; and

6-31          (2) Has not, as of the effective date of this act, received a

6-32  hearing before a hearing officer or arbitrator pursuant to NRS

6-33  391.311 to 391.3197, inclusive.

6-34      2.  The superintendent of schools of a school district that

6-35  employs a person described in paragraph (b) of subsection 1, shall,

6-36  as soon as practicable after the effective date of this act, provide

6-37  notice to the employee in the manner required by section 4 of this

6-38  act. Upon issuance of the notice, the employee shall be deemed to

6-39  have the rights, remedies and duties set forth in sections 2 to 6,

6-40  inclusive, of this act.

6-41      Sec. 11.  This act becomes effective upon passage and

6-42  approval.

 

6-43  H