Revises provisions governing the licensing of educational personnel. (BDR 34-274)

S.B. 59

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SENATE BILL NO. 59–COMMITTEE ON EDUCATION

(ON BEHALF OF THE DEPARTMENT OF EDUCATION)

PREFILED NOVEMBER 20, 2024
____________

Referred to Committee on Education

SUMMARY—Revises provisions governing the licensing of
educational personnel. (BDR 34-274)

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 education; prohibiting licensed teachers and
educational personnel from engaging in certain activities
that constitute sexual impropriety with the grooming of a
pupil; authorizing the Superintendent of Public Instruction
and the State Board of Education to place an
administrative hold on the license of a person who
commits certain acts that may constitute grounds for
disciplinary action; providing requirements governing the
placement of an administrative hold ; exempting a person
with an administrative hold on his or her license from
provisions governing the lapse of a license while school is
in session; authorizing the State Board to suspend or
revoke the license of a person who engages in grooming
or sexual i mpropriety or who seeks or obtains new
employment with a school district or charter school while
the license of the licensee is subject to an administrative
hold; eliminating provisions authorizing the
Superintendent of Public Instruction to issue a provisional
license to a person pending the receipt of certain criminal
history reports; and providing other matters properly
relating thereto.

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Legislative Counsel’s Digest:
Existing law authorizes the State Board of Education to suspend or revoke the 1
license of a teacher, administrator or other licensed employee on certain grounds 2
after notice and an opportunity for hearing. (NRS 391.330) Section 3 of this bill 3
authorizes the Superintendent of Public Instruction to place an administrative hold 4
on a license without a hearing, pending further disciplinary proceedings by the 5
State Board, if: (1) the licensee has been arrested for, or charged with, certain 6
crimes or suspended from employment for an act which may be a ground for the 7
suspension or revocation of a license; and (2) the Superintendent of Public 8
Instruction finds that the alleged conduct presents a risk to the health, safety or 9
welfare of pupils. Section 3 requires the Superintendent of Public Instruction to 10
immediately notify the licensee and the State Board that an administrative hold has 11
been placed and transmit a recommendation to maintain the administrative hold. 12
Sections 9-12 of this bill authorize the State Board, after notice and an opportunity 13
for he aring, to maintain an administrative hold on a license pending further 14
disciplinary proceedings, if: (1) a licensee has been arrested for, or charged with, 15
certain crimes or suspended from employment for an act which may be a ground 16
for the suspension or r evocation of a license; and (2) the State Board finds that the 17
alleged conduct presents a risk to the health, safety or welfare of pupils. Section 10 18
provides that an administrative hold remains in effect until: (1) removed by the 19
State Board; (2) the license is suspended or revoked; or (3) the administrative hold 20
expires, which occurs 1 year after the administrative hold was originally placed or 21
maintained by the State Board. 22
Section 4 of this bill authorizes a licensee who has an administrative hold 23
placed on his or her license to continue to be employed by a school district or 24
charter school at the discretion of his or her employer, but prohibits the licensee 25
from seeking employment with or being employed by any other school district or 26
charter school in this State while the administrative hold is in effe ct. Section 12 27
adds a violation of the prohibition in section 4 against seeking employment or 28
being employed by another school district or charter school while an administrative 29
hold is in effect to the list of offenses for which the State Board may suspend or 30
revoke a license. Section 4 also: (1) prohibits an administrative hold from being 31
recorded as a disciplinary action in any permanent employment record; and (2) 32
requires the Department, if an administrativ e hold is placed, to notify the school 33
district or charter school that employs the licensee and make an entry to that effect 34
in the Educator Identification Clearinghouse maintained by the National 35
Association of State Directors of Teacher Education and Cer tification or its 36
successor organization. 37
Sections 7 and 8 of this bill make conforming changes to indicate provisions of 38
existing law that apply to the suspension or revocation of a license and to an 39
administrative hold on a license. (NRS 391.055, 391.3015) 40
Section 2 of this bill: (1) prohibits a person licensed by the Superintendent of 41
Public Instruction from engaging in sexual impropriety with, or grooming, certain 42
pupils; (2) defines “sexual impropriety” and “grooming” for the purposes of this 43
prohibition; and (3) provides that consent by a pupil is not a defense to such 44
conduct in a proceeding before the State Board to suspend, revoke or place an 45
administrative hold on a license or in a disciplinary action against a licensed 46
employee of a school district, charter school or university school for profoundly 47
gifted pupils. Section 12 adds a violation of section 2 to the list of offenses for 48
which the State Board may suspend or revoke a license. Section 13 of this bill 49
makes a conforming change to revise an internal reference to a paragraph which 50
was renumbered by section 12. 51
Existing law requires the Superintendent of Public Instruction to grant licenses 52
for teachers and other educational personnel. (NRS 391.033) Sections 5 and 6 of 53
this bill remove the authority of the Superintendent of Public Instruction to issue a 54

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provisional license to an applicant if, while awaiting receipt of certain reports on 55
the criminal history of an applicant, the Superintendent of Public Instruction 56
determines the applicant is qualified for licensure. 57

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 391 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2, 3 and 4 of this act. 2
Sec. 2. 1. A person licensed pursuant to this chapter shall 3
not engage in sexual impropriety with, or actions that constitute 4
the grooming of a pupil: 5
(a) Who is enrolled in or attending the public school or private 6
school at which the licensee is employed; 7
(b) Who was enrolled in or attending a public school or private 8
school while the licensee was employed at that public school or 9
private school and who has ceased to be enrolled in or attending 10
that public school or private school for a period of less than 12 11
months; 12
(c) Who is or was enrolled in or attending a public school or 13
private school while the licensee was employed at that public 14
school or private school if the licensee has ceased to be employed 15
at that public school or private school for a period of less than 12 16
months; or 17
(d) With whom the licensee has had contact in the course of 18
performing his or her duties as a licensee if: 19
(1) The pupil is enrolled in or attending a public school or 20
private school or was enrolled in or attending a public school or 21
private school within the immediately preceding 12 months; or 22
(2) The licensee has ceased to be employed in a position 23
requiring a license pursuant to this chapter for a period of less 24
than 12 months. 25
2. Consent by a pupil to the conduct described in subsection 1 26
is not a defense in any proceeding brought in accordance with the 27
provisions of NRS 391.320 to 391.361, inclusive, and sections 2, 3 28
and 4 of this act, or against any disciplinary action taken pursuant 29
to NRS 391.650 to 391.826, inclusive. 30
3. In addition to any penalty prescribed by any other specific 31
statute, a person who violates thi s section is subject to disciplinary 32
action pursuant to NRS 391.330 or 391.750, or both. 33
4. As used in this section: 34
(a) “Grooming” means: 35
(1) Engaging in a pattern of flirtatious behavior; 36
(2) Making an effort to gain unreasonable access to, or 37
time alone with, a pupil for no reasonable educational purpose; 38

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(3) Engaging in behavior that can be reasonably construed 1
as involving inappropriate personal or intimate relationships with, 2
conduct toward or focus on a pupil; or 3
(4) Engaging in individualized and special treatment that is 4
not in compliance with generally accepted educational practices. 5
(b) “Sexual impropriety” includes, without limitation: 6
(1) Telling sexual jokes or stories; 7
(2) Engaging in sexual kidding or teasing; 8
(3) Using sexu al innuendos or making comments 9
containing double entendre; 10
(4) Touching, either directly or through the clothing, of the 11
genitalia, anus, groin, breast, inner thigh or buttocks of a pupil; 12
(5) Using spoken, written or electronic communication 13
methods to: 14
(I) Importune, invite, participate with or entice a pupil 15
to expose or touch his or her genitals or pubic area or those of 16
another person; or 17
(II) Observe the genitals or pubic area of a pupil; 18
(6) Sexual advances or requests for sexual favors; 19
(7) A physically intimate, sexual or romantic relationship; 20
(8) Discussion of personal romantic or sexual feelings or 21
activities; 22
(9) Except in the context of providing professional teaching 23
or counseling services as required by a school district, discussion 24
of the romantic or sexual feelings or activities of a pupil; 25
(10) Displaying, sharing or transmitting materials which 26
are pornographic or sexually explicit and which lack serious 27
literary, artistic, political or scientific value; 28
(11) Unless it is required to protect the safety of a pupil, any 29
physical contact with a pupil that the pupil has previously 30
indicated is unwelcome; 31
(12) Except as necessary to address violations of a dress 32
code, referencing the physical appearance or clothing of a pupil in 33
a way that could be reasonably interpreted as sexual; 34
(13) Self-disclosure or physical exposure of a sexual, 35
romantic or erotic nature; or 36
(14) Any act committed with the intent of arousing, 37
appealing to or gratifying the lust, passi ons or sexual desires of a 38
person licensed pursuant to this chapter. 39
Sec. 3. 1. The Superintendent of Public Instruction may 40
place an administrative hold on a license issued pursuant to this 41
chapter, pending further disciplinary proceedings by the State 42
Board pursuant to NRS 391.320 to 391.361, inclusive, and 43
sections 2, 3 and 4 of this act, if: 44
(a) The licensee: 45

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(1) Is arrested for, or charged with, a crime which may be a 1
ground for the suspension or revocation of the person ’s license 2
pursuant to NRS 391.330; or 3
(2) Is suspended from employment for an alleged act that, if 4
proven, may be a ground for the suspension or revocation of the 5
person’s license pursuant to NRS 391.330; and 6
(b) The Superintendent of Public Instruction finds that the 7
alleged conduct presents a risk to the health, safety or welfare of 8
pupils. 9
2. If the Superintendent of Public Instruction places an 10
administrative hold pursuant to this section, the Superintendent of 11
Public Instruction shall immediately notify the licensee and 12
transmit to the State Board a notice of the administrative hold and 13
a recommendation to maintain the administrative hold. 14
Sec. 4. 1. A licensee who has an administrative hold placed 15
on his or her license by the Superintendent of Public Instruction 16
or the State Board: 17
(a) May, if employed by a school district or charter school at 18
the time the administrative hold was placed, continue to be so 19
employed at the discretion of the employing school district or 20
charter school, subject to the terms of any collectiv e bargaining 21
agreement in effect between the licensee and his or her employer; 22
and 23
(b) Shall not seek employment with, or be employed by, any 24
other school district or charter school in this State while the 25
administrative hold is in effect. 26
2. An administrative hold must not be recorded as a 27
disciplinary action against the licensee in any permanent 28
employment record. The suspension or revocation of a license for 29
an act which served as the basis for the placement of an 30
administrative hold is a disciplinary action and may be recorded as 31
such in a permanent employment record. 32
3. If the Superintendent of Public Instruction or the State 33
Board places an administrative hold on a license issued pursuant 34
to this chapter, the Department shall: 35
(a) Notify the school district or charter school that employs the 36
licensee that an administrative hold has been placed. 37
(b) In the Educator Identification Clearinghouse maintained 38
by the National Association of State Directors of Teacher 39
Education and Certification or its s uccessor organization, make 40
an entry indicating that an administrative hold has been placed on 41
the license and that such an action does not constitute a 42
disciplinary action against the licensee. If an administrative hold 43
is lifted, the Department shall ame nd the entry to indicate that the 44
administrative hold was lifted. 45

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Sec. 5. NRS 391.033 is hereby amended to read as follows: 1
391.033 1. All licenses for teachers and other educational 2
personnel are granted by the Superintendent of Public Instruction 3
pursuant to regulations adopted by the Commission and as 4
otherwise provided by law. 5
2. An application for the issuance of a license must include the 6
social security number of the applicant. 7
3. Every applicant for a license must submit with his or her 8
application: 9
(a) A complete set of his or her fingerprints and written 10
permission authorizing the Superintendent to forward the 11
fingerprints to the Central Repository for Nevada Records of 12
Criminal History for its initi al report on the criminal history of the 13
applicant and for reports thereafter upon renewal of the license 14
pursuant to subsection 8 of NRS 179A.075, and for submission to 15
the Federal Bureau of Investigation for its report on the criminal 16
history of the applicant; and 17
(b) Written authorization for the Superintendent to obtain any 18
information concerning the applicant that may be available from the 19
Statewide Central Registry and any equivalent registry maintained 20
by a governmental entity in a jurisdiction in w hich the applicant has 21
resided within the immediately preceding 5 years. 22
4. In conducting an investigation into the background of an 23
applicant for a license, the Superintendent may cooperate with any 24
appropriate law enforcement agency to obtain informati on relating 25
to the criminal history of the applicant, including, without 26
limitation, any record of warrants for the arrest of or applications for 27
protective orders against the applicant. 28
5. [The Superintendent may issue a provisional license pending 29
receipt of the reports of the Federal Bureau of Investigation and the 30
Central Repository for Nevada Records of Criminal History if the 31
Superintendent determines that the applicant is otherwise qualified. 32
6.] Except as otherwise provided in subsection [8,] 7, a license 33
must be issued to, or renewed for, as applicable, an applicant if: 34
(a) The Superintendent determines that the applicant is 35
qualified; 36
(b) The information obtained by the Superintendent pursuant to 37
subsections 3 and 4: 38
(1) Does not indicate that the applicant has been convicted of 39
a felony or any offense involving moral turpitude or indicates that 40
the applicant has been convicted of a felony or an offense involving 41
moral turpitude but the Superintendent determines that the 42
conviction is unrel ated to the position within the county school 43
district or charter school for which the applicant applied or for 44
which he or she is currently employed, as applicable; 45

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(2) Does not indicate that there has been a substantiated 1
report of abuse or neglect of a child, as defined in NRS 432B.020, 2
or a violation of NRS 201.540, 201.553, 201.560, 392.4633 or 3
394.366 made against the applicant in any state; and 4
(3) Does not indicate that the applicant has a warrant for his 5
or her arrest; and 6
(c) For initial lice nsure, the applicant submits the statement 7
required pursuant to NRS 391.034. 8
[7.] 6. If, pursuant to subparagraph (2) of paragraph (b) of 9
subsection [6,] 5, the information indicates that a substantiated 10
report has been made against the applicant in any state, the 11
Superintendent shall: 12
(a) Suspend the application process; 13
(b) Notify the applicant of the substantiated report; and 14
(c) Provide the applicant an opportunity to rebut the 15
substantiated report. 16
[8.] 7. The Superintendent may deny an applicat ion for a 17
license pursuant to this section if: 18
(a) A report on the criminal history of the applicant from the 19
Federal Bureau of Investigation or the Central Repository for 20
Nevada Records of Criminal History indicates that the applicant has 21
been arrested for or charged with a sexual offense involving a minor 22
or pupil, including, without limitation, any attempt, solicitation or 23
conspiracy to commit such an offense; and 24
(b) The Superintendent provides to the applicant: 25
(1) Written notice of his or her intent to deny the application; 26
and 27
(2) An opportunity for the applicant to have a hearing. 28
[9.] 8. To request a hearing pursuant to subsection [8,] 7, an 29
applicant must submit a written request to the Superintendent within 30
15 days after receipt of the notice by the applicant. Such a hearing 31
must be conducted in accordance with regulations adopted by the 32
State Board. If no request for a hearing is filed w ithin that time, the 33
Superintendent may deny the license. 34
[10.] 9. If the Superintendent denies an application for a 35
license pursuant to this section, the Superintendent must, within 15 36
days after the date on which the application is denied, provide notice 37
of the denial to the school district or charter school that employs the 38
applicant if the applicant is employed by a school district or charter 39
school. Such a notice must not state the reasons for denial. 40
[11.] 10. The Superintendent may not be held l iable for 41
damages resulting from any action of the Superintendent authorized 42
by subsection 4. 43

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[12.] 11. The Superintendent may enter into reciprocal 1
agreements with appropriate officials of other countries concerning 2
the licensing of teachers. 3
[13.] 12. As used in this section, “sexual offense” has the 4
meaning ascribed to it in NRS 179D.097. 5
Sec. 6. NRS 391.033 is hereby amended to read as follows: 6
391.033 1. All licenses for teachers and other educational 7
personnel are granted by the Superintendent of Public Instruction 8
pursuant to regulations adopted by the Commission and as 9
otherwise provided by law. 10
2. Every applicant for a license must submit with his or her 11
application: 12
(a) A complete set of his or her finger prints and written 13
permission authorizing the Superintendent to forward the 14
fingerprints to the Central Repository for Nevada Records of 15
Criminal History for its initial report on the criminal history of the 16
applicant and for reports thereafter upon renewa l of the license 17
pursuant to subsection 8 of NRS 179A.075, and for submission to 18
the Federal Bureau of Investigation for its report on the criminal 19
history of the applicant; and 20
(b) Written authorization for the Superintendent to obtain any 21
information concerning the applicant that may be available from the 22
Statewide Central Registry and any equivalent registry maintained 23
by a governmental entity in a jurisdiction in which the applicant has 24
resided within the immediately preceding 5 years. 25
3. [The Superintendent may issue a provisional license pending 26
receipt of the reports if the Superintendent determines that the 27
applicant is otherwise qualified. 28
4.] In conducting an investigation into the background of an 29
applicant for a license, the Superintendent m ay cooperate with any 30
appropriate law enforcement agency to obtain information relating 31
to the criminal history of the applicant, including, without 32
limitation, any record of warrants for the arrest of or applications for 33
protective orders against the applicant. 34
[5.] 4. Except as otherwise provided in subsection [7,] 6, a 35
license must be issued to, or renewed for, as applicable, an applicant 36
if the Superintendent determines that the applicant is qualified and 37
the information obtained by the Superintendent pursuant to 38
subsections 2 and [4:] 3: 39
(a) Does not indicate that t he applicant has been convicted of a 40
felony or any offense involving moral turpitude or the 41
Superintendent determines, in his or her discretion, that any 42
conviction indicated in the reports on the criminal history of the 43
applicant is unrelated to the posit ion within the county school 44

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district or charter school for which the applicant applied or for 1
which he or she is currently employed, as applicable; 2
(b) Does not indicate that there has been a substantiated report 3
of abuse or neglect of a child, as defined in NRS 432B.020, or a 4
violation of NRS 201.540, [or] 201.553, 201.560, 392.4633 or 5
394.366 made against the applicant in any state; and 6
(c) Does not in dicate that the applicant has a warrant for his or 7
her arrest. 8
[6.] 5. If, pursuant to paragraph (b) of subsection [5,] 4, the 9
information indicates that a substantiated report has been made 10
against the applicant in any state, the Superintendent shall: 11
(a) Suspend the application process; 12
(b) Notify the applicant of the substantiated report; and 13
(c) Provide the applicant an opportunity to rebut the 14
substantiated report. 15
[7.] 6. The Superintendent may deny an application for a 16
license pursuant to this section if: 17
(a) A report on the criminal history of the applicant from the 18
Federal Bureau of Investigation or the Central Repository for 19
Nevada Records of Criminal History indicates that the applicant has 20
been arrested for or charged with a sexual offense involving a minor 21
or pupil, including, without limitation, any attempt, solicitation or 22
conspiracy to commit such an offense; and 23
(b) The Superintendent provides to the applicant: 24
(1) Written notice of his or her intent to deny the application; 25
and 26
(2) An opportunity for the applicant to have a hearing. 27
[8.] 7. To request a hearing pursuant to subsection [7,] 6, an 28
applicant must submit a written request to the Superintendent within 29
15 days after receipt of the notice by the applicant. Such a hear ing 30
must be conducted in accordance with regulations adopted by the 31
State Board. If no request for a hearing is filed within that time, the 32
Superintendent may deny the license. 33
[9.] 8. If the Superintendent denies an application for a license 34
pursuant t o this section, the Superintendent must, within 15 days 35
after the date on which the application is denied, provide notice of 36
the denial to the school district or charter school that employs the 37
applicant if the applicant is employed by a school district or charter 38
school. Such a notice must not state the reasons for denial. 39
[10.] 9. The Superintendent may not be held liable for 40
damages resulting from any action of the Superintendent authorized 41
by subsection [4.] 3. 42
[11.] 10. The Superintendent may enter into reciprocal 43
agreements with appropriate officials of other countries concerning 44
the licensing of teachers. 45

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[12.] 11. As used in this section, “sexual offense” has the 1
meaning ascribed to it in NRS 179D.097. 2
Sec. 7. NRS 391.055 is hereby amended to read as follows: 3
391.055 1. The Department shall adopt regulations that 4
establish a procedure for the notification, tracking and monitoring of 5
the status of criminal cases involving persons who are licensed 6
pursuant to t his chapter. The procedure must include, without 7
limitation: 8
(a) A method by which the superintendent of schools of a school 9
district and the administrative head of a charter school must notify 10
the Department in a timely manner of the arrest of a person w ho is 11
licensed pursuant to this chapter if: 12
(1) The act for which the licensee is arrested: 13
(I) May be a ground for the suspension or revocation of 14
the person’s license pursuant to NRS 391.330; and 15
(II) Is not excluded by the Department from the 16
notification requirements of this section; and 17
(2) The school district or charter school has knowledge of 18
that arrest. 19
(b) A method by which the superintendent of schools of a school 20
district and the administrative head of a charter school must notify 21
the Department in a timely manner of: 22
(1) Each action, if any, taken against the licensee by the 23
school district or charter school after the arrest; and 24
(2) The conviction of the licensee, if the licensee is convicted 25
of the act for which he or she was arrested. 26
(c) The steps that the Department must follow in response to the 27
receipt of notice pursuant to this section, including, without 28
limitation, the preparation of a separate file on the licensee for the 29
documentation and monitoring of the status of the case. 30
2. Each file that is maintained on a licensee pursuant to 31
subsection 1 must include, without limitation: 32
(a) The date on which the person was arrested and the date on 33
which the Department received notice of the arrest from the school 34
district or charter school; 35
(b) The reason why the licensee was arrested; 36
(c) The steps taken by the Department in response to all notices 37
received by the Department from a school district or charter school 38
pursuant to subsection 1; 39
(d) An indication whether the c ase was referred to the Attorney 40
General’s office for review and the date of the referral, if any; 41
(e) An indication whether the Superintendent of Public 42
Instruction has presented the case to the State Board for action and 43
the type of action recommended by the Superintendent, if any; 44

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(f) A description of any action taken by the State Board against 1
the licensee and the reason for that action or, if no action is taken by 2
the State Board, the reason for the inaction; and 3
(g) The final resolution of the case and the date of resolution. 4
3. If the Department receives notice of a conviction of a 5
licensee and the conviction is for an act which is a ground for the 6
suspension or revocation of a license, the Superintendent of Public 7
Instruction shall immediately r ecommend that the State Board 8
[proceed] suspend or revoke the license in accordance with the 9
provisions of NRS 391.320 to 391.361, inclusive [.] , and sections 10
2, 3 and 4 of this act. 11
4. If the Department maintains a file on a licensee pursuant to 12
this section and the State Board determines that there is not 13
sufficient evidence to suspend or revoke the license, the file and any 14
related documents must not be made a part of that licensee’s 15
permanent employment record. 16
Sec. 8. NRS 391.3015 is hereby amended to read as follows: 17
391.3015 1. Except as otherwise provided by subsection 3, if 18
the license of an employee lapses during a time that school is in 19
session: 20
(a) The school district that employs him or her shall provide 21
written notice to the employee of the lapse of the employee’s license 22
and of the provisions of this section; 23
(b) The employee must not be suspended from employment for 24
the lapsed license for a period of 90 d ays after the date of the notice 25
pursuant to paragraph (a) or the end of the school year, whichever is 26
longer; and 27
(c) The employee’s license shall be deemed valid for the period 28
described in paragraph (b) for purposes of the employee’s continued 29
employment with the school district during that period. 30
2. If a school district complies with subsection 1 and an 31
employee fails to reinstate his or her license within the time 32
prescribed in paragraph (b) of subsection 1, his or her employment 33
shall be deemed te rminated at the end of the period described in 34
paragraph (b) of subsection 1 and the school district is not otherwise 35
required to comply with NRS 391.301 to 391.309, inclusive. 36
3. The provisions of this section do not apply to an employee 37
whose: 38
(a) License has been placed on an administrative hold or has 39
been suspended or revoked by the State Board pursuant to NRS 40
391.320 to 391.361, inclusive [;] , and sections 2, 3 and 4 of this 41
act; or 42
(b) Application for renewal was denied by the Superintendent of 43
Public Instruction pursuant to NRS 391.033. 44

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Sec. 9. NRS 391.320 is hereby amended to read as follows: 1
391.320 The State Board of Education may place on 2
administrative hold or suspend or revoke the license of any teacher 3
for any cause specified by law. 4
Sec. 10. NRS 391.322 is hereby amended to read as follows: 5
391.322 1. If the board of trustees of a school district, the 6
governing body of a charter school or the Superintendent of Public 7
Instruction or the Superintendent’s designee submits a 8
recommendation to the State Board for the suspension or revocation 9
of a license issued pursuant to this chapter [,] or the Superintendent 10
of Public Instruction submits a recommendation to maintain an 11
administrative hold placed by the Superintendent of Public 12
Instruction on a license pursuant to section 3 of this act, the State 13
Board shall send written notice of the recommendation to the person 14
to whom the license has been issued at the address on file with the 15
Department. 16
2. A notice given pursuant to subsection 1 must contain: 17
(a) A statement of the charge upon which the recommendation is 18
based; 19
(b) A copy of the recommendation received by the State Board; 20
(c) A statement that the licensee is entitled to a hearing before a 21
hearing officer if the licensee makes a written request for the 22
hearing as provided by subsection 3; [and] 23
(d) If an administrative hold has been placed on a license 24
pursuant to section 3 of this act, the effective date of the 25
administrative hold; and 26
(e) A statement that the grounds and procedure for the 27
placement of an administrative hold on or the suspension or 28
revocation of a license are set forth in NRS 391.320 to 391.361, 29
inclusive [.] , and sections 2, 3 and 4 of this act. 30
3. A licensee to whom notice has been given pursuant to this 31
section may request a hearing before a hearing officer selected 32
pursuant to subsection 4. Such a request must be in writing and must 33
be filed with the Superintendent of Public Instruction within 15 days 34
after receipt of the notice by the licensee. 35
4. Upon receipt of a request filed pursuant to subsection 3, the 36
Superintendent of Public Instruction shall request from the Hearings 37
Division of the Department of Administra tion a list of potential 38
hearing officers. The licensee requesting a hearing and the 39
Superintendent of Public Instruction shall select a person to serve as 40
hearing officer from the list provided by the Hearings Division of 41
the Department of Administration by alternately striking one name 42
until the name of only one hearing officer remains. The 43
Superintendent of Public Instruction shall strike the first name. 44

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5. Except as otherwise provided in subsection 6, if no request 1
for a hearing is filed within the ti me specified in subsection 3, the 2
State Board may maintain an administrative hold on the license, 3
suspend or revoke the license or take no action on the 4
recommendation. If the State Board takes no action on a 5
recommendation to maintain an administrative ho ld placed by the 6
Superintendent of Public Instruction, the administrative hold is 7
lifted. 8
6. If the Department receives notice of a conviction of a 9
licensee and the conviction is for an act which is a ground for the 10
suspension or revocation of a license, the State Board shall 11
immediately process the recommendation for the suspension or 12
revocation in accordance with the provisions of NRS 391.320 to 13
391.361, inclusive [.] , and sections 2, 3 and 4 of this act. If no 14
request for a hearing is filed within the time specified in subsection 15
3, the State Board may accept, reject or modify the 16
recommendation. 17
7. If the State Board maintains an administrative hold placed 18
by the Superintendent of Public Instruction, the administrative 19
hold remains in effect until the earlier of the date on which: 20
(a) The administrative hold is removed by the State Board 21
upon the determination of the State Board that there is not 22
sufficient evidence to suspend or revoke the license for the alleged 23
act for which the administrative hold was placed; 24
(b) The State Board suspends or revokes the license in 25
accordance with the provisions of NRS 391.320 to 3 91.361, 26
inclusive, and sections 2, 3 and 4 of this act; or 27
(c) The administrative hold expires, which occurs 1 year after 28
the date on which the administrative hold was originally placed or 29
maintained by the State Board. 30
Sec. 11. NRS 391.323 is hereby amended to read as follows: 31
391.323 1. Unless the parties agree to a later date, within 30 32
days after the selection of a hearing officer pursuant to NRS 33
391.322, the hearing officer shall conduct a hearing. Within 15 days 34
after the conclusion of the hearing, the hearing officer shall prepare 35
and file with the Superintendent of Public Instruction a report 36
containing: 37
(a) A recommendation as to whether the license of the licens ee 38
should have or continue to have an administrative hold placed on 39
it or be suspended or revoked; and 40
(b) Findings of fact and conclusions of law which support the 41
recommendation. 42
2. The State Board may accept or reject the recommendation or 43
refer the report back to the hearing officer for further evidence and 44
recommendation, and shall notify the teacher, administrator or other 45

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licensed employee in writing of its decision. [The] Except for a 1
decision to maintain an administrative hold, the decision of t he 2
State Board is a final decision in a contested case. 3
Sec. 12. NRS 391.330 is hereby amended to read as follows: 4
391.330 1. The State Board may suspend or revoke the 5
license of any teacher, administrator or other licen sed employee, or 6
may issue a letter of reprimand to any teacher, administrator or other 7
licensed employee, after notice and an opportunity for hearing have 8
been provided pursuant to NRS 391.322 and 391.323, for: 9
(a) Unprofessional conduct. 10
(b) Immorality, as defined in NRS 391.650. 11
(c) Evident unfitness for service. 12
(d) Physical or mental incapacity which renders the teacher, 13
administrator or other licensed employee unfit for service. 14
(e) Conviction of a felony or crime involving moral turpitude. 15
(f) Conviction of a sex offense under NRS 200.366, 200.368, 16
201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil 17
enrolled in a school of a county school district was the victim. 18
(g) A violation of section 2 of this act. 19
(h) Conviction of a violation of NRS 201.553. 20
[(h)] (i) Knowingly advocating the overthrow of the Federal 21
Government or of the State of Nevada by force, violence or 22
unlawful means. 23
[(i)] (j) Persistent defiance of or refusal to obey the regulations 24
of the State Board, the Commission or the Superintendent of Public 25
Instruction, defining and governing the duties of teachers, 26
administrators and other licensed employees. 27
[(j)] (k) Breaches in the security or confidentiality of the 28
questions and answers of the examinations that are administered 29
pursuant to NRS 390.105 and the college and career readiness 30
assessment administered pursuant to NRS 390.610. 31
[(k)] (l) Intentional failure to observe and carry out the 32
requirements of a plan to ensure the security of examinations and 33
assessments adopted pursuant to NRS 390.270 or 390.275. 34
[(l)] (m) An intentional violation of NRS 388.497 or 388.499. 35
[(m)] (n) Knowingly and willfully failing to comply with the 36
provisions of NRS 388.1351. 37
[(n)] (o) A substantiated report of abuse or neglect of a child, as 38
defined in NRS 432B.020, or a violation of NRS 201.540, 201.553, 39
201.560, 392.4633 or 394.366 made against the applicant in any 40
state. 41
(p) A violation of paragraph (b) of subsection 1 of section 4 of 42
this act. 43
2. The State Board may, after notice and an opportunity for 44
hearing have been provi ded pursuant to NRS 391.322 and 45

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391.323, maintain an administrative hold on a license issued 1
pursuant to this chapter, pending further disciplinary proceedings 2
by the State Board pursuant to NRS 391.320 to 391.361, inclusive, 3
and sections 2, 3 and 4 of this act if: 4
(a) The licensee: 5
(1) Is arrested for, or charged with, a crime which may be a 6
ground for the suspension or revocation of the person ’s license 7
pursuant to this section; or 8
(2) Is suspended from employment for an alleged act that, if 9
proven, may be a ground for the suspension or revocation of the 10
person’s license pursuant to this section; and 11
(b) The State Board finds that the alleged conduct presents a 12
risk to the health, safety or welfare of pupils. 13
3. The State Board sh all adopt regulations governing the 14
process by which a letter of reprimand may be issued to a teacher, 15
administrator or other licensed employee pursuant to this section, 16
including, without limitation, regulations concerning the time period 17
during which a l etter of reprimand will remain on the record of the 18
teacher, administrator or other licensed employee. 19
[3.] 4. A teacher, administrator or other licensed employee 20
whose license is suspended pursuant to this section: 21
(a) May apply to reinstate his or her license after the period of 22
suspension, as determined by the State Board, is completed; and 23
(b) If he or she applies to reinstate his or her license pursuant to 24
paragraph (a), shall: 25
(1) Submit a new application for licensure to the Department; 26
and 27
(2) Pay the appropriate fee for licensure. 28
[4.] 5. A teacher, administrator or other licensed employee 29
whose license is revoked may not apply to reinstate his or her 30
license and the Department shall not grant a new license to such a 31
person. 32
Sec. 13. NRS 391.355 is hereby amended to read as follows: 33
391.355 1. The State Board shall adopt rules of procedure for 34
the conduct of hearings conducted pursuant to NRS 391.323. 35
2. The rules of procedure must provide for boards of trustees of 36
school districts, governing bodies of charter schools or the 37
Superintendent of Public Instruction or the Superintendent’s 38
designee to bring charges, when cause exists. 39
3. The rules of procedure must provide that: 40
(a) The licensed employee, board of trustees of a school district, 41
governing body of a charter school and Superintendent are entitled 42
to be heard, to be represented by an attorney and to call witnesses in 43
their behalf. 44

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- *SB59*
(b) The hearing officer selected pursuant to NRS 391.3 22 is 1
entitled to be reimbursed for his or her reasonable actual expenses. 2
(c) If requested by the hearing officer selected pursuant to NRS 3
391.322, an official transcript must be made. 4
(d) Except as otherwise provided in paragraph (e), the State 5
Board, licensed employee and the Department, board of trustees of a 6
school district or governing body of a charter school which initiated 7
the complaint resulting in the hearing are equally responsible for the 8
expense of and compensation for the hearing officer se lected 9
pursuant to NRS 391.322 and the expense of the official transcript. 10
The State Board may bill the licensed employee or the Department, 11
board of trustees of a school district or governing body of a charter 12
school which initiated the complaint resultin g in the hearing for 13
their percentage of any expenses incurred pursuant to this 14
paragraph. 15
(e) If the hearing results from a recommendation to revoke or 16
suspend a license based upon a conviction which is a ground for the 17
suspension or revocation of a lice nse pursuant to paragraph (e), (f) 18
or [(g)] (h) of subsection 1 of NRS 391.330, the licensed employee 19
is fully responsible for the expense of and compensation for the 20
hearing officer selected pursuant to NRS 391.322 and the expense of 21
the official transcri pt. The State Board may bill the licensed 22
employee for such expenses. 23
4. A hearing officer selected pursuant to NRS 391.322 shall, 24
upon the request of a party, issue subpoenas to compel the 25
attendance of witnesses and the production of books, records, 26
documents or other pertinent information to be used as evidence in 27
hearings conducted pursuant to NRS 391.323. 28
Sec. 14. This act becomes effective upon passage and 29
approval. 30

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