1. If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and the superintendent is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Within 10 days after the suspension becomes effective, the superintendent shall begin proceedings pursuant to NRS 391.680 to 391.810, inclusive, to carry out the employee’s dismissal. The employee is entitled to continue to receive his or her salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced.
2. Notwithstanding the provisions of NRS 391.750, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, the employee must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension. Within 10 days after the date on which the employee receives such notice, the superintendent shall provide the employee with the opportunity for an informal hearing to address the circumstances relating to the charges and any other circumstances relating to the suspension. The superintendent shall issue a written decision concerning the continuation of the suspension based on the information presented at the hearing. The employee is entitled to continue to receive his or her salary and other benefits after the suspension becomes effective until the date on which the superintendent issues the written decision. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.750.
3. If sufficient grounds for dismissal are not found to exist at the conclusion of the proceedings conducted pursuant to subsection 1 or 2, the employee must be reinstated with full compensation, plus interest.
4. A licensed employee who furnishes to the school district a bond or other form of security which is acceptable to the board as a guarantee that the employee will repay any amounts paid to him or her pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his or her salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept a form of security other than a bond. An employee who receives a salary pursuant to this subsection shall repay it if the employee is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.
5. A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.010 to 179D.550, inclusive, or is convicted of an act forbidden by NRS 200.508, 201.190, 201.265, 201.540, 201.560 or 207.260 forfeits all rights of employment from the date of his or her arrest.
6. A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his or her arrest or the date on which his or her employment terminated, whichever is later.
7. A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his or her right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if the employee is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.750.
8. A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.750. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.
9. A licensed employee may be suspended pursuant to this section and admonished pursuant to NRS 391.755 for the same conduct.
(Added to NRS by 1967, 969; A 1971, 380; 1973, 792; 1977, 1380; 1979, 1832; 1985, 1086; 1987, 1007; 1991, 945; 1997, 1687; 2003, 432, 1394; 2007, 2777; 2011, 225; 2019, 1311)—(Substituted in revision for NRS 391.314)
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.