391.055 - Adoption of procedure by Department; notification of arrest required of school district or charter school; maintenance of file on licensee.
391.055 Adoption of procedure by Department; notification of arrest required of school district or charter school; maintenance of file on licensee.
1. The Department shall adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving persons who are licensed pursuant to this chapter. The procedure must include, without limitation:
(a) A method by which the superintendent of schools of a school district and the administrative head of a charter school must notify the Department in a timely manner of the arrest of a person who is licensed pursuant to this chapter if:
(1) The act for which the licensee is arrested:
(I) May be a ground for the suspension or revocation of the person’s license pursuant to NRS 391.330; and
(II) Is not excluded by the Department from the notification requirements of this section; and
(2) The school district or charter school has knowledge of that arrest.
(b) A method by which the superintendent of schools of a school district and the administrative head of a charter school must notify the Department in a timely manner of:
(1) Each action, if any, taken against the licensee by the school district or charter school after the arrest; and
(2) The conviction of the licensee, if the licensee is convicted of the act for which he or she was arrested.
(c) The steps that the Department must follow in response to the receipt of notice pursuant to this section, including, without limitation, the preparation of a separate file on the licensee for the documentation and monitoring of the status of the case.
2. Each file that is maintained on a licensee pursuant to subsection 1 must include, without limitation:
(a) The date on which the person was arrested and the date on which the Department received notice of the arrest from the school district or charter school;
(b) The reason why the licensee was arrested;
(c) The steps taken by the Department in response to all notices received by the Department from a school district or charter school pursuant to subsection 1;
(d) An indication whether the case was referred to the Attorney General’s office for review and the date of the referral, if any;
(e) An indication whether the Superintendent of Public Instruction has presented the case to the State Board for action and the type of action recommended by the Superintendent, if any;
(f) A description of any action taken by the State Board against the licensee and the reason for that action or, if no action is taken by the State Board, the reason for the inaction; and
(g) The final resolution of the case and the date of resolution.
3. If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license, the Superintendent of Public Instruction shall immediately recommend that the State Board proceed in accordance with the provisions of NRS 391.320 to 391.361, inclusive.
4. If the Department maintains a file on a licensee pursuant to this section and the State Board determines that there is not sufficient evidence to suspend or revoke the license, the file and any related documents must not be made a part of that licensee’s permanent employment record.
(Added to NRS by 2007, 425)