Existing law authorizes the State Board of Education to suspend or revoke the license of a teacher, administrator or other licensed employee on certain grounds after notice and an opportunity for hearing. (NRS 391.330) Section 3 of this bill authorizes the Superintendent of Public Instruction to place an administrative hold on a license without a hearing, pending further disciplinary proceedings by the State Board, if: (1) the licensee has been arrested for, or charged with, certain crimes or suspended from employment for an act which may be a ground for the suspension or revocation of a license; and (2) the Superintendent of Public Instruction finds that the alleged conduct presents a risk to the health, safety or welfare of pupils. Section 3 requires the Superintendent of Public Instruction to immediately notify the licensee and the State Board that an administrative hold has been placed and transmit a recommendation to maintain the administrative hold. Sections 9-12 of this bill authorize the State Board, after notice and an opportunity for hearing, to maintain an administrative hold on a license pending further disciplinary proceedings, if: (1) a licensee has been arrested for, or charged with, certain crimes or suspended from employment for an act which may be a ground for the suspension or revocation of a license; and (2) the State Board finds that the alleged conduct presents a risk to the health, safety or welfare of pupils. Section 10 provides that an administrative hold remains in effect until: (1) removed by the State Board; (2) the license is suspended or revoked; or (3) the administrative hold expires, which occurs 1 year after the administrative hold was originally placed or maintained by the State Board. Section 4 of this bill authorizes a licensee who has an administrative hold placed on his or her license to continue to be employed by a school district or charter school at the discretion of his or her employer, but prohibits the licensee from seeking employment with or being employed by any other school district or charter school in this State while the administrative hold is in effect. Section 12 adds a violation of the prohibition in section 4 against seeking employment or being employed by another school district or charter school while an administrative hold is in effect to the list of offenses for which the State Board may suspend or revoke a license. Section 4 also: (1) prohibits an administrative hold from being recorded as a disciplinary action in any permanent employment record; and (2) requires the Department, if an administrative hold is placed, to notify the school district or charter school that employs the licensee and make an entry to that effect in the Educator Identification Clearinghouse maintained by the National Association of State Directors of Teacher Education and Certification or its successor organization. Sections 7 and 8 of this bill make conforming changes to indicate provisions of existing law that apply to the suspension or revocation of a license and to an administrative hold on a license. (NRS 391.055, 391.3015) Section 2 of this bill: (1) prohibits a person licensed by the Superintendent of Public Instruction from engaging in sexual impropriety with, or grooming, certain pupils; (2) defines “sexual impropriety” and “grooming” for the purposes of this prohibition; and (3) provides that consent by a pupil is not a defense to such conduct in a proceeding before the State Board to suspend, revoke or place an administrative hold on a license or in a disciplinary action against a licensed employee of a school district, charter school or university school for profoundly gifted pupils. Section 12 adds a violation of section 2 to the list of offenses for which the State Board may suspend or revoke a license. Section 13 of this bill makes a conforming change to revise an internal reference to a paragraph which was renumbered by section 12. Existing law requires the Superintendent of Public Instruction to grant licenses for teachers and other educational personnel. (NRS 391.033) Sections 5 and 6 of this bill remove the authority of the Superintendent of Public Instruction to issue a provisional license to an applicant if, while awaiting receipt of certain reports on the criminal history of an applicant, the Superintendent of Public Instruction determines the applicant is qualified for licensure.

Statutes affected:
As Introduced: 391.033, 391.055, 391.3015, 391.320, 391.322, 391.323, 391.330, 391.355
BDR: 391.033, 391.055, 391.3015, 391.320, 391.322, 391.323, 391.330, 391.355