1. An employee who is suspended by a school district pursuant to NRS 391.302 is entitled to a hearing if the employee 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 NRS 391.305;
(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 NRS 391.305 is not affected if the employee 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 the superintendent’s 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 NRS 391.305 for reinstatement of the employee’s 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 the superintendent’s designee shall issue a ruling. The ruling must:
(a) State whether the employee will be granted an extension of time for reinstatement of the employee’s license;
(b) Set forth the factual basis for his or her 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.
(Added to NRS by 2003, 2818)
Structure Nevada Revised Statutes
NRS 391.005 - "Commission" defined.
NRS 391.008 - "Paraprofessional" defined.
NRS 391.0085 - "Statewide Central Registry" defined.
NRS 391.0088 - "Veteran" defined.
NRS 391.011 - Creation; membership.
NRS 391.013 - Limitation on terms of certain members.
NRS 391.027 - Approval or disapproval of Commission’s regulations by State Board of Education.
NRS 391.028 - Annual report concerning status of Commission’s regulations and work plan.
NRS 391.029 - Provision of personnel; location of offices.
NRS 391.031 - Kinds of licenses.
NRS 391.051 - License is revocable privilege.
NRS 391.053 - "Arrest" defined.
NRS 391.057 - Timely submission of information by school district or charter school.
NRS 391.070 - Employment of alien teacher through program of exchange permitted.
NRS 391.094 - State Board required to prescribe examination for certain paraprofessionals.
NRS 391.103 - "Unsupervised contact" defined.
NRS 391.1035 - "Volunteer" defined.
NRS 391.105 - Conditions under which volunteer not required to submit fingerprints.
NRS 391.115 - Consideration of military education, training or occupational experience.
NRS 391.135 - Determination of number of job vacancies; reporting.
NRS 391.145 - Involuntary transfer or reassignment of unlicensed employees.
NRS 391.162 - Determination of salaries: Increased salary for certain speech-language pathologists.
NRS 391.167 - Determination of salaries: Credit for previous teaching service.
NRS 391.169 - Determination of salaries: Credit for previous administrative service.
NRS 391.200 - Salaries of teachers are prior claims on school district fund.
NRS 391.2055 - Legislative declaration.
NRS 391.210 - Exercise of trustees’ authority in school by certain personnel.
NRS 391.240 - Teachers: Keeping register of pupils.
NRS 391.270 - Teachers: Holding pupils to account for conduct.
NRS 391.292 - Duties of school nurse.
NRS 391.293 - Duties, authority and supervision of school counselor.
NRS 391.294 - Authority and supervision of school psychologist.
NRS 391.296 - Authority and supervision of school social worker.
NRS 391.301 - "Employee" defined.
NRS 391.309 - Effect of provisions.
NRS 391.320 - Suspension or revocation of teacher’s license by State Board.
NRS 391.340 - Revocation or forfeiture for falsely reporting pupils’ attendance.
NRS 391.355 - Procedure for conduct of hearings.
NRS 391.365 - Reimbursement for cost of course work to receive endorsement.
NRS 391.369 - Account for Computer Education and Technology.
NRS 391.380 - Annuities or shares for employees: Purchase; conditions.
NRS 391.450 - "Council" defined.
NRS 391.475 - Electronic tool for providing documents concerning evaluations.
NRS 391.490 - "Task Force" defined.
NRS 391.494 - Qualifications of members; application for membership.
NRS 391.655 - Applicability of NRS 391.650 to 391.826, inclusive; exceptions.
NRS 391.720 - Procedures for transfer or reassignment of administrators and appeal to board.
NRS 391.780 - Request for hearing: Action by superintendent.
NRS 391.785 - Procedures for hearing; payment for expenses of hearing officer and transcript.
NRS 391.855 - "Local educational agency" defined.
NRS 391.860 - "Sexual misconduct" defined.
NRS 391.865 - "Sexual offense" defined.
NRS 391.910 - Provisional employment pending review of information.
NRS 391.915 - Certain rights not affected by provisions.