SB59 - Revises provisions governing the licensing of educational personnel. (BDR 34-274)

S.B. 59 - *SB59* SENATE BILL NO. 59–COMMITTEE ON EDUCATION (ON BEHALF OF THE DEPARTMENT OF EDUCATION) PREFILED NOVEMBER 20, 2024 ____________ Referred to Committee on Education SUMMARY—Revises provisions governing the licensing of educational personnel. (BDR 34-274) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; prohibiting licensed teachers and educational personnel from engaging in certain activities that constitute sexual impropriety with the grooming of a pupil; authorizing the Superintendent of Public Instruction and the State Board of Education to place an administrative hold on the license of a person who commits certain acts that may constitute grounds for disciplinary action; providing requirements governing the placement of an administrative hold; exempting a person with an administrative hold on his or her license from provisions governing the lapse of a license while school is in session; authorizing the State Board to suspend or revoke the license of a person who engages in grooming or sexual impropriety or who seeks or obtains new employment with a school district or charter school while the license of the licensee is subject to an administrative hold; eliminating provisions authorizing the Superintendent of Public Instruction to issue a provisional license to a person pending the receipt of certain criminal history reports; and providing other matters properly relating thereto. – 2 – - *SB59* Legislative Counsel’s Digest: Existing law authorizes the State Board of Education to suspend or revoke the 1 license of a teacher, administrator or other licensed employee on certain grounds 2 after notice and an opportunity for hearing. (NRS 391.330) Section 3 of this bill 3 authorizes the Superintendent of Public Instruction to place an administrative hold 4 on a license without a hearing, pending further disciplinary proceedings by the 5 State Board, if: (1) the licensee has been arrested for, or charged with, certain 6 crimes or suspended from employment for an act which may be a ground for the 7 suspension or revocation of a license; and (2) the Superintendent of Public 8 Instruction finds that the alleged conduct presents a risk to the health, safety or 9 welfare of pupils. Section 3 requires the Superintendent of Public Instruction to 10 immediately notify the licensee and the State Board that an administrative hold has 11 been placed and transmit a recommendation to maintain the administrative hold. 12 Sections 9-12 of this bill authorize the State Board, after notice and an opportunity 13 for hearing, to maintain an administrative hold on a license pending further 14 disciplinary proceedings, if: (1) a licensee has been arrested for, or charged with, 15 certain crimes or suspended from employment for an act which may be a ground 16 for the suspension or revocation of a license; and (2) the State Board finds that the 17 alleged conduct presents a risk to the health, safety or welfare of pupils. Section 10 18 provides that an administrative hold remains in effect until: (1) removed by the 19 State Board; (2) the license is suspended or revoked; or (3) the administrative hold 20 expires, which occurs 1 year after the administrative hold was originally placed or 21 maintained by the State Board. 22 Section 4 of this bill authorizes a licensee who has an administrative hold 23 placed on his or her license to continue to be employed by a school district or 24 charter school at the discretion of his or her employer, but prohibits the licensee 25 from seeking employment with or being employed by any other school district or 26 charter school in this State while the administrative hold is in effect. Section 12 27 adds a violation of the prohibition in section 4 against seeking employment or 28 being employed by another school district or charter school while an administrative 29 hold is in effect to the list of offenses for which the State Board may suspend or 30 revoke a license. Section 4 also: (1) prohibits an administrative hold from being 31 recorded as a disciplinary action in any permanent employment record; and (2) 32 requires the Department, if an administrative hold is placed, to notify the school 33 district or charter school that employs the licensee and make an entry to that effect 34 in the Educator Identification Clearinghouse maintained by the National 35 Association of State Directors of Teacher Education and Certification or its 36 successor organization. 37 Sections 7 and 8 of this bill make conforming changes to indicate provisions of 38 existing law that apply to the suspension or revocation of a license and to an 39 administrative hold on a license. (NRS 391.055, 391.3015) 40 Section 2 of this bill: (1) prohibits a person licensed by the Superintendent of 41 Public Instruction from engaging in sexual impropriety with, or grooming, certain 42 pupils; (2) defines “sexual impropriety” and “grooming” for the purposes of this 43 prohibition; and (3) provides that consent by a pupil is not a defense to such 44 conduct in a proceeding before the State Board to suspend, revoke or place an 45 administrative hold on a license or in a disciplinary action against a licensed 46 employee of a school district, charter school or university school for profoundly 47 gifted pupils. Section 12 adds a violation of section 2 to the list of offenses for 48 which the State Board may suspend or revoke a license. Section 13 of this bill 49 makes a conforming change to revise an internal reference to a paragraph which 50 was renumbered by section 12. 51 Existing law requires the Superintendent of Public Instruction to grant licenses 52 for teachers and other educational personnel. (NRS 391.033) Sections 5 and 6 of 53 this bill remove the authority of the Superintendent of Public Instruction to issue a 54 – 3 – - *SB59* provisional license to an applicant if, while awaiting receipt of certain reports on 55 the criminal history of an applicant, the Superintendent of Public Instruction 56 determines the applicant is qualified for licensure. 57 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 391 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2, 3 and 4 of this act. 2 Sec. 2. 1. A person licensed pursuant to this chapter shall 3 not engage in sexual impropriety with, or actions that constitute 4 the grooming of a pupil: 5 (a) Who is enrolled in or attending the public school or private 6 school at which the licensee is employed; 7 (b) Who was enrolled in or attending a public school or private 8 school while the licensee was employed at that public school or 9 private school and who has ceased to be enrolled in or attending 10 that public school or private school for a period of less than 12 11 months; 12 (c) Who is or was enrolled in or attending a public school or 13 private school while the licensee was employed at that public 14 school or private school if the licensee has ceased to be employed 15 at that public school or private school for a period of less than 12 16 months; or 17 (d) With whom the licensee has had contact in the course of 18 performing his or her duties as a licensee if: 19 (1) The pupil is enrolled in or attending a public school or 20 private school or was enrolled in or attending a public school or 21 private school within the immediately preceding 12 months; or 22 (2) The licensee has ceased to be employed in a position 23 requiring a license pursuant to this chapter for a period of less 24 than 12 months. 25 2. Consent by a pupil to the conduct described in subsection 1 26 is not a defense in any proceeding brought in accordance with the 27 provisions of NRS 391.320 to 391.361, inclusive, and sections 2, 3 28 and 4 of this act, or against any disciplinary action taken pursuant 29 to NRS 391.650 to 391.826, inclusive. 30 3. In addition to any penalty prescribed by any other specific 31 statute, a person who violates this section is subject to disciplinary 32 action pursuant to NRS 391.330 or 391.750, or both. 33 4. As used in this section: 34 (a) “Grooming” means: 35 (1) Engaging in a pattern of flirtatious behavior; 36 (2) Making an effort to gain unreasonable access to, or 37 time alone with, a pupil for no reasonable educational purpose; 38 – 4 – - *SB59* (3) Engaging in behavior that can be reasonably construed 1 as involving inappropriate personal or intimate relationships with, 2 conduct toward or focus on a pupil; or 3 (4) Engaging in individualized and special treatment that is 4 not in compliance with generally accepted educational practices. 5 (b) “Sexual impropriety” includes, without limitation: 6 (1) Telling sexual jokes or stories; 7 (2) Engaging in sexual kidding or teasing; 8 (3) Using sexual innuendos or making comments 9 containing double entendre; 10 (4) Touching, either directly or through the clothing, of the 11 genitalia, anus, groin, breast, inner thigh or buttocks of a pupil; 12 (5) Using spoken, written or electronic communication 13 methods to: 14 (I) Importune, invite, participate with or entice a pupil 15 to expose or touch his or her genitals or pubic area or those of 16 another person; or 17 (II) Observe the genitals or pubic area of a pupil; 18 (6) Sexual advances or requests for sexual favors; 19 (7) A physically intimate, sexual or romantic relationship; 20 (8) Discussion of personal romantic or sexual feelings or 21 activities; 22 (9) Except in the context of providing professional teaching 23 or counseling services as required by a school district, discussion 24 of the romantic or sexual feelings or activities of a pupil; 25 (10) Displaying, sharing or transmitting materials which 26 are pornographic or sexually explicit and which lack serious 27 literary, artistic, political or scientific value; 28 (11) Unless it is required to protect the safety of a pupil, any 29 physical contact with a pupil that the pupil has previously 30 indicated is unwelcome; 31 (12) Except as necessary to address violations of a dress 32 code, referencing the physical appearance or clothing of a pupil in 33 a way that could be reasonably interpreted as sexual; 34 (13) Self-disclosure or physical exposure of a sexual, 35 romantic or erotic nature; or 36 (14) Any act committed with the intent of arousing, 37 appealing to or gratifying the lust, passions or sexual desires of a 38 person licensed pursuant to this chapter. 39 Sec. 3. 1. The Superintendent of Public Instruction may 40 place an administrative hold on a license issued pursuant to this 41 chapter, pending further disciplinary proceedings by the State 42 Board pursuant to NRS 391.320 to 391.361, inclusive, and 43 sections 2, 3 and 4 of this act, if: 44 (a) The licensee: 45 – 5 – - *SB59* (1) Is arrested for, or charged with, a crime which may be a 1 ground for the suspension or revocation of the person’s license 2 pursuant to NRS 391.330; or 3 (2) Is suspended from employment for an alleged act that, if 4 proven, may be a ground for the suspension or revocation of the 5 person’s license pursuant to NRS 391.330; and 6 (b) The Superintendent of Public Instruction finds that the 7 alleged conduct presents a risk to the health, safety or welfare of 8 pupils. 9 2. If the Superintendent of Public Instruction places an 10 administrative hold pursuant to this section, the Superintendent of 11 Public Instruction shall immediately notify the licensee and 12 transmit to the State Board a notice of the administrative hold and 13 a recommendation to maintain the administrative hold. 14 Sec. 4. 1. A licensee who has an administrative hold placed 15 on his or her license by the Superintendent of Public Instruction 16 or the State Board: 17 (a) May, if employed by a school district or charter school at 18 the time the administrative hold was placed, continue to be so 19 employed at the discretion of the employing school district or 20 charter school, subject to the terms of any collective bargaining 21 agreement in effect between the licensee and his or her employer; 22 and 23 (b) Shall not seek employment with, or be employed by, any 24 other school district or charter school in this State while the 25 administrative hold is in effect. 26 2. An administrative hold must not be recorded as a 27 disciplinary action against the licensee in any permanent 28 employment record. The suspension or revocation of a license for 29 an act which served as the basis for the placement of an 30 administrative hold is a disciplinary action and may be recorded as 31 such in a permanent employment record. 32 3. If the Superintendent of Public Instruction or the State 33 Board places an administrative hold on a license issued pursuant 34 to this chapter, the Department shall: 35 (a) Notify the school district or charter school that employs the 36 licensee that an administrative hold has been placed. 37 (b) In the Educator Identification Clearinghouse maintained 38 by the National Association of State Directors of Teacher 39 Education and Certification or its successor organization, make 40 an entry indicating that an administrative hold has been placed on 41 the license and that such an action does not constitute a 42 disciplinary action against the licensee. If an administrative hold 43 is lifted, the Department shall amend the entry to indicate that the 44 administrative hold was lifted. 45 – 6 – - *SB59* Sec. 5. NRS 391.033 is hereby amended to read as follows: 1 391.033 1. All licenses for teachers and other educational 2 personnel are granted by the Superintendent of Public Instruction 3 pursuant to regulations adopted by the Commission and as 4 otherwise provided by law. 5 2. An application for the issuance of a license must include the 6 social security number of the applicant. 7 3. Every applicant for a license must submit with his or her 8 application: 9 (a) A complete set of his or her fingerprints and written 10 permission authorizing the Superintendent to forward the 11 fingerprints to the Central Repository for Nevada Records of 12 Criminal History for its initial report on the c [Text truncated for display. Full text available on LegiScan.]