Nev. Admin. Code § 391.024

Current through June 11, 2024
Section 391.024 - Conviction of applicant for licensure: Request for additional opinion whether conviction is related to employment position applicant seeks; final determination of Superintendent of Public Instruction or designee
1. If the Superintendent of Public Instruction or the Superintendent's designee determines pursuant to NRS 391.033 that the conviction of an applicant for licensure is related to the position with the county school district or charter school for which the applicant has applied, the applicant may request the Superintendent or the Superintendent's designee to seek an additional opinion from a person listed in subsection 2. Such a request must include, without limitation, written authorization pursuant to NRS 391.035 for the Superintendent or the Superintendent's designee to disclose the information included in the application and associated documents submitted by the applicant to each person whose opinion is sought.
2. The Superintendent or the Superintendent's designee may seek not more than three additional opinions pursuant to a request for an additional opinion submitted by the applicant pursuant to subsection 1. The Superintendent or the Superintendent's designee may request such an opinion from:
(a) A member of the Commission on Professional Standards in Education created by NRS 391.011;
(b) An employee of the Office for a Safe and Respectful Learning Environment created by NRS 388.1323;
(c) Any person licensed pursuant to chapter 391 of NRS;
(d) A parent or guardian of a pupil enrolled at a public school in this State; or
(e) A peace officer as defined in NRS 289.010.
3. The Superintendent or the Superintendent's designee may consider any opinion obtained pursuant to this section that is received within 30 days after the date on which the opinion was requested. After considering any such opinion, the Superintendent or the Superintendent's designee will determine whether the conviction of the applicant is related to the position with the county school district or charter school for which the applicant has applied. If the Superintendent or the Superintendent's designee determines that the conviction is not related to the position for which the applicant has applied and the applicant meets the other requirements for licensure set forth in NRS 391.033 and any regulations adopted pursuant thereto, the Superintendent or the Superintendent's designee will issue a license to the applicant or renew the applicant's license, as applicable.
4. An opinion provided pursuant to this section may be provided verbally or in writing. If such an opinion is provided in writing, the opinion must:
(a) Be destroyed after the Superintendent or the Superintendent's designee makes a final determination concerning whether the conviction is related to the position with the county school district or charter school for which the applicant has applied; and
(b) Not be included in the application file of the applicant.
5. A determination of the Superintendent or the Superintendent's designee pursuant to this section is final and is not subject to review.

Nev. Admin. Code § 391.024

Added to NAC by Sup't. of Public Instruction by R136-15, eff. 12-19-2017

NRS 385.200, 391.033, 391.104, 391.330