Nevada Code § 391.033

Issuance of licenses; fingerprinting and investigation into the background of applicants; provisional licensure authorized; denial of license; immunity from liability; reciprocal agreements. [Effective through the earlier of June 30, 2027, or until the date of the repeal of 42 U.S.C. 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
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1. All licenses for teachers and other
educational personnel are granted by the Superintendent of Public Instruction
pursuant to regulations adopted by the Commission and as otherwise provided by
law.
2. An application for the issuance of a
license must include the social security number of the applicant.
3. Every applicant for a license must
submit with his or her application:
(a) A complete set of his or her fingerprints and
written permission authorizing the Superintendent to forward the fingerprints
to the Central Repository for Nevada Records of Criminal History for its
initial report on the criminal history of the applicant and for reports
thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075 , and for submission to the
Federal Bureau of Investigation for its report on the criminal history of the
applicant; and
(b) Written authorization for the Superintendent
to obtain any information concerning the applicant that may be available from
the Statewide Central Registry and any equivalent registry maintained by a
governmental entity in a jurisdiction in which the applicant has resided within
the immediately preceding 5 years.
4. In conducting an investigation into the
background of an applicant for a license, the Superintendent may cooperate with
any appropriate law enforcement agency to obtain information relating to the
criminal history of the applicant, including, without limitation, any record of
warrants for the arrest of or applications for protective orders against the
applicant.
5. The Superintendent may issue a
provisional license pending receipt of the reports of the Federal Bureau of
Investigation and the Central Repository for Nevada Records of Criminal History
if the Superintendent determines that the applicant is otherwise qualified.
6. Except as otherwise provided in
subsection 8, a license must be issued to, or renewed for, as applicable, an
applicant if:
(a) The Superintendent determines that the
applicant is qualified;
(b) The information obtained by the
Superintendent pursuant to subsections 3 and 4:
(1) Does not indicate that the applicant has
been convicted of a felony or any offense involving moral turpitude or
indicates that the applicant has been convicted of a felony or an offense
involving moral turpitude but the Superintendent determines that the conviction
is unrelated to the position within the county school district or charter
school for which the applicant applied or for which he or she is currently
employed, as applicable;
(2) Does not indicate that there has been
a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020 , or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against the applicant in any
state; and
(3) Does not indicate that the applicant
has a warrant for his or her arrest; and
(c) For initial licensure, the applicant submits
the statement required pursuant to NRS
391.034 .
7. If, pursuant to subparagraph (2) of
paragraph (b) of subsection 6, the information indicates that a substantiated
report has been made against the applicant in any state, the Superintendent
shall:
(a) Suspend the application process;
(b) Notify the applicant of the substantiated
report; and
(c) Provide the applicant an opportunity to rebut
the substantiated report.
8. The Superintendent may deny an
application for a license pursuant to this section if:
(a) A report on the criminal history of the
applicant from the Federal Bureau of Investigation or the Central Repository
for Nevada Records of Criminal History indicates that the applicant has been
arrested for or charged with a sexual offense involving a minor or pupil,
including, without limitation, any attempt, solicitation or conspiracy to
commit such an offense; and
(b) The Superintendent provides to the applicant:
(1) Written notice of his or her intent to
deny the application; and
(2) An opportunity for the applicant to
have a hearing.
9. To request a hearing pursuant to
subsection 8, an applicant must submit a written request to the Superintendent
within 15 days after receipt of the notice by the applicant. Such a hearing
must be conducted in accordance with regulations adopted by the State Board. If
no request for a hearing is filed within that time, the Superintendent may deny
the license.
10. If the Superintendent denies an
application for a license pursuant to this section, the Superintendent must,
within 15 days after the date on which the application is denied, provide
notice of the denial to the school district or charter school that employs the
applicant if the applicant is employed by a school district or charter school.
Such a notice must not state the reasons for denial.
11. The Superintendent may not be held
liable for damages resulting from any action of the Superintendent authorized
by subsection 4.
12. The Superintendent may enter into
reciprocal agreements with appropriate officials of other countries concerning
the licensing of teachers.
13. As used in this section, sexual
offense has the meaning ascribed to it in NRS
179D.097 .
NRS 391.033 Issuance of licenses;
fingerprinting and investigation into the background of applicants; provisional
licensure authorized; denial of license; immunity from liability; reciprocal
agreements. [Effective July 1, 2027, and until the date of the repeal of 42
U.S.C. 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. All licenses for teachers and other
educational personnel are granted by the Superintendent of Public Instruction
pursuant to regulations adopted by the Commission and as otherwise provided by
law.
2. An application for the issuance of a
license must include the social security number of the applicant.
3. Every applicant for:
(a) The initial issuance of a license must submit
with his or her application a complete set of his or her fingerprints and
written permission authorizing the Superintendent to forward the fingerprints
to the Central Repository for Nevada Records of Criminal History for its
initial report on the criminal history of the applicant and for submission to
the Federal Bureau of Investigation for its report on the criminal history of the
applicant. Each application for an initial license must contain a disclosure
that the applicant is subject to the provisions of NRS 179A.0785 , which must be in the form
and manner prescribed by the Central Repository for Nevada Records of Criminal
History and include, without limitation, a statement that the applicant is
consenting to be enrolled in the program established by NRS 179A.0785 .
(b) The initial issuance or renewal of a license
must submit with his or her application written authorization for the
Superintendent to obtain any information concerning the applicant that may be
available from the Statewide Central Registry and any equivalent registry
maintained by a governmental entity in a jurisdiction in which the applicant
has resided within the immediately preceding 5 years.
4. In conducting an investigation into the
background of an applicant for the issuance or renewal of a license, the
Superintendent may cooperate with any appropriate law enforcement agency to
obtain information relating to the criminal history of the applicant,
including, without limitation, any record of warrants for the arrest of or
applications for protective orders against the applicant.
5. The Superintendent may issue a
provisional license pending receipt of the reports of the Federal Bureau of
Investigation and the Central Repository for Nevada Records of Criminal History
if the Superintendent determines that the applicant is otherwise qualified.
6. Except as otherwise provided in
subsection 8, a license must be issued to, or renewed for, as applicable, an
applicant if:
(a) The Superintendent determines that the
applicant is qualified;
(b) The information obtained by the Superintendent
pursuant to subsections 3 and 4 or pursuant to NRS 179A.0785 :
(1) Does not indicate that the applicant
has been convicted of a felony or any offense involving moral turpitude or indicates
that the applicant has been convicted of a felony or an offense involving moral
turpitude but the Superintendent determines that the conviction is unrelated to
the position within the county school district or charter school for which the
applicant applied or for which he or she is currently employed, as applicable;
(2) Does not indicate that there has been
a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020 , or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against the applicant in any
state; and
(3) Does not indicate that the applicant
has a warrant for his or her arrest; and
(c) For initial licensure, the applicant submits
the statement required pursuant to NRS
391.034 .
7. If, pursuant to subparagraph (2) of
paragraph (b) of subsection 6, the information indicates that a substantiated
report has been made against the applicant in any state, the Superintendent
shall:
(a) Suspend the application process;
(b) Notify the applicant of the substantiated
report; and
(c) Provide the applicant an opportunity to rebut
the substantiated report.
8. The Superintendent may deny an
application for the issuance or renewal of a license pursuant to this section
if:
(a) A report on the criminal history of the
applicant from the Federal Bureau of Investigation or the Central Repository
for Nevada Records of Criminal History, or any notification received pursuant
to NRS 179A.0785 , indicates that the
applicant has been arrested for or charged with a sexual offense involving a
minor or pupil, including, without limitation, any attempt, solicitation or
conspiracy to commit such an offense; and
(b) The Superintendent provides to the applicant:
(1) Written notice of his or her intent to
deny the application; and
(2) An opportunity for the applicant to
have a hearing.
9. To request a hearing pursuant to
subsection 8, an applicant must submit a written request to the Superintendent
within 15 days after receipt of the notice by the applicant. Such a hearing
must be conducted in accordance with regulations adopted by the State Board. If
no request for a hearing is filed within that time, the Superintendent may deny
issuance or renewal of the license.
10. If the Superintendent denies an
application for the issuance or renewal of a license pursuant to this section,
the Superintendent must, within 15 days after the date on which the application
is denied, provide notice of the denial to the school district or charter
school that employs the applicant if the applicant is employed by a school
district or charter school. Such a notice must not state the reasons for
denial.
11. The Superintendent may not be held
liable for damages resulting from any action of the Superintendent authorized
by subsection 4.
12. The Superintendent may enter into
reciprocal agreements with appropriate officials of other countries concerning
the licensing of teachers.
13. As used in this section, sexual
offense has the meaning ascribed to it in NRS
179D.097 .
NRS 391.033 Issuance of licenses;
fingerprinting and investigation into the background of applicants; provisional
licensure authorized; denial of license; immunity from liability; reciprocal
agreements. [Effective on the date of the repeal of 42 U.S.C. 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. All licenses for teachers and other
educational personnel are granted by the Superintendent of Public Instruction
pursuant to regulations adopted by the Commission and as otherwise provided by
law.
2. Every applicant for:
(a) The initial issuance of a license must submit
with his or her application a complete set of his or her fingerprints and
written permission authorizing the Superintendent to forward the fingerprints
to the Central Repository for Nevada Records of Criminal History for its
initial report on the criminal history of the applicant and for submission to
the Federal Bureau of Investigation for its report on the criminal history of
the applicant. Each application for an initial license must contain a
disclosure that the applicant is subject to the provisions of NRS 179A.0785 , which must be in the form
and manner prescribed by the Central Repository for Nevada Records of Criminal
History and include, without limitation, a statement that the applicant is
consenting to be enrolled in the program established by NRS 179A.0785 .
(b) The initial issuance or renewal of a license
must submit with his or her application written authorization for the
Superintendent to obtain any information concerning the applicant that may be
available from the Statewide Central Registry and any equivalent registry
maintained by a governmental entity in a jurisdiction in which the applicant
has resided within the immediately preceding 5 years.
3. The Superintendent may issue a
provisional license pending receipt of the reports if the Superintendent determines
that the applicant is otherwise qualified.
4. In conducting an investigation into the
background of an applicant for the issuance or renewal of a license, the
Superintendent may cooperate with any appropriate law enforcement agency to
obtain information relating to the criminal history of the applicant,
including, without limitation, any record of warrants for the arrest of or
applications for protective orders against the applicant.
5. Except as otherwise provided in
subsection 7, a license must be issued to, or renewed for, as applicable, an
applicant if the Superintendent determines that the applicant is qualified and
the information obtained by the Superintendent pursuant to subsections 2 and 4
or pursuant to NRS 179A.0785 :
(a) Does not indicate that the applicant has been
convicted of a felony or any offense involving moral turpitude or the
Superintendent determines, in his or her discretion, that any conviction
indicated in the reports on the criminal history of the applicant is unrelated
to the position within the county school district or charter school for which
the applicant applied or for which he or she is currently employed, as
applicable;
(b) Does not indicate that there has been a
substantiated report of abuse or neglect of a child, as defined in NRS 432B.020 , or a violation of NRS 201.540 , 201.553 , 201.560 , 392.4633 or 394.366 made against the applicant in any
state; and
(c) Does not indicate that the applicant has a
warrant for his or her arrest.
6. If, pursuant to paragraph (b) of
subsection 5, the information indicates that a substantiated report has been
made against the applicant in any state, the Superintendent shall:
(a) Suspend the application process;
(b) Notify the applicant of the substantiated
report; and
(c) Provide the applicant an opportunity to rebut
the substantiated report.
7. The Superintendent may deny an
application for the issuance or renewal of a license pursuant to this section
if:
(a) A report on the criminal history of the
applicant from the Federal Bureau of Investigation or the Central Repository
for Nevada Records of Criminal History, or any notification received pursuant
to NRS 179A.0785 , indicates that the
applicant has been arrested for or charged with a sexual offense involving a
minor or pupil, including, without limitation, any attempt, solicitation or
conspiracy to commit such an offense; and
(b) The Superintendent provides to the applicant:
(1) Written notice of his or her intent to
deny the application; and
(2) An opportunity for the applicant to
have a hearing.
8. To request a hearing pursuant to
subsection 7, an applicant must submit a written request to the Superintendent
within 15 days after receipt of the notice by the applicant. Such a hearing
must be conducted in accordance with regulations adopted by the State Board. If
no request for a hearing is filed within that time, the Superintendent may deny
issuance or renewal of the license.
9. If the Superintendent denies an
application for the issuance or renewal of a license pursuant to this section,
the Superintendent must, within 15 days after the date on which the application
is denied, provide notice of the denial to the school district or charter
school that employs the applicant if the applicant is employed by a school
district or charter school. Such a notice must not state the reasons for
denial.
10. The Superintendent may not be held
liable for damages resulting from any action of the Superintendent authorized
by subsection 4.
11. The Superintendent may enter into
reciprocal agreements with appropriate officials of other countries concerning
the licensing of teachers.
12. As used in this section, sexual
offense has the meaning ascribed to it in NRS
179D.097 .

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