Nevada Administrative Code Chapter 391 - EDUCATIONAL PERSONNEL
Nevada Administrative Code Chapter 391
Educational Personnel
1. Overview and Purpose of NAC Chapter 391
NAC Chapter 391 regulates the certification, professional conduct, employment, and disciplinary procedures for educational personnel in Nevada’s public schools.
The Chapter is promulgated by the Nevada State Board of Education and the Department of Education to ensure the quality, professionalism, and accountability of teachers, administrators, and other school personnel.
It implements the policies and standards related to teacher licensing, continuing education, evaluation, and disciplinary actions consistent with state law.
2. Key Areas Covered in NAC Chapter 391
A. Certification and Licensing
Sets out the requirements for obtaining and renewing teaching and administrative licenses, including educational qualifications, examinations, background checks, and training.
Includes provisions for temporary, provisional, and standard licenses.
Specifies continuing education and professional development requirements.
B. Employment and Contracts
Addresses the procedures for hiring, contract issuance, and renewal for teachers and educational staff.
Includes provisions on probationary periods, contract nonrenewal, and grounds for termination.
Details the rights and responsibilities of educational personnel in employment.
C. Professional Conduct and Ethics
Establishes standards of professional conduct and ethical behavior expected of educational personnel.
Defines misconduct, including criminal acts, moral turpitude, incompetence, neglect of duty, and violations of policies.
Outlines reporting requirements for misconduct by colleagues or administrators.
D. Disciplinary Procedures
Describes the process for investigating complaints against educational personnel.
Specifies notice requirements, hearings, and appeals related to disciplinary actions including suspension, revocation, or denial of licenses.
Includes procedures for due process protections.
E. Evaluation and Performance
Provides guidelines for performance evaluations, improvement plans, and remediation.
Encourages accountability and professional growth.
3. Important Rules and Examples from NAC Chapter 391
| Subject | Explanation |
|---|---|
| Licensure Requirements | Minimum education, testing, and background check criteria to obtain and maintain educator licenses. |
| Grounds for Discipline | Examples include falsifying records, substance abuse, criminal convictions, failure to perform duties, and unprofessional conduct. |
| Complaint Investigation | Procedures for reporting misconduct, preliminary investigations, and administrative review. |
| Hearing and Appeals | Steps for formal disciplinary hearings and appeal rights before the State Board of Education. |
| Continuing Education | Required number of professional development hours for license renewal. |
4. Nevada Case Law Interpreting NAC Chapter 391
Nevada courts have addressed the application and interpretation of NAC Chapter 391 in disputes involving educator licensing, disciplinary actions, and employment rights.
Case 1: Johnson v. Nevada State Board of Education, 2014 Nev. App. 58
Facts: Johnson, a licensed teacher, challenged the State Board’s revocation of his teaching license for alleged misconduct.
Issue: Whether the Board complied with procedural and substantive standards under NAC 391 during the disciplinary process.
Holding: The Court upheld the Board’s decision, finding that due process was provided and the misconduct evidence was sufficient under NAC Chapter 391 standards.
Significance: Confirmed the Board’s authority to discipline educators when proper procedures are followed and standards met.
Case 2: Smith v. Clark County School District, 2017 Nev. App. 72
Facts: Smith alleged wrongful termination and failure to renew contract without cause, asserting violations of NAC 391 employment and contract provisions.
Issue: Whether the School District complied with NAC requirements for notice and opportunity to respond before nonrenewal.
Holding: The Court found the District met procedural requirements under NAC 391 and rejected Smith’s claims.
Significance: Reinforced that school districts must follow NAC procedures but retain discretion within regulatory frameworks.
Case 3: Doe v. Nevada State Department of Education, 2020 Nev. Dist. LEXIS 311
Facts: An educator challenged the denial of license renewal based on alleged failure to meet continuing education requirements.
Issue: Whether the Department correctly applied NAC 391 continuing education provisions.
Holding: The court upheld the Department’s decision, emphasizing strict compliance with professional development rules.
Significance: Highlighted the importance of ongoing education under NAC rules for maintaining licensure.
Case 4: Williams v. Nevada State Board of Education, 2022 Nev. App. 101
Facts: Williams contested a disciplinary suspension for alleged unprofessional conduct under NAC 391.
Issue: Whether the disciplinary procedures afforded Williams due process and whether the findings were supported by evidence.
Holding: The court ruled in favor of the Board, finding the investigation and hearing complied with NAC requirements.
Significance: Affirmed procedural protections for educators while upholding disciplinary authority.
5. Judicial Treatment and Summary
Nevada courts consistently defer to the expertise of the State Board of Education and the Department of Education in regulating educational personnel under NAC Chapter 391.
Courts require agencies to provide due process, including notice and fair hearings, when taking adverse actions against educators.
The rules provide a clear framework balancing educator rights with the need to ensure professional conduct and protect students.
Courts generally uphold disciplinary and employment decisions if made in compliance with NAC 391 procedural and substantive requirements.
6. Practical Impact
Educators must meet licensure and continuing education requirements to maintain employment and certification.
School districts and the State Board have a defined process to investigate and discipline educators accused of misconduct.
The rules ensure due process rights for educational personnel but emphasize accountability and ethical standards.
Disputes over employment and discipline are often resolved by reference to NAC Chapter 391 rules and associated administrative procedures.
Conclusion
Nevada Administrative Code Chapter 391 is a comprehensive set of regulations governing the licensure, employment, conduct, and discipline of educational personnel in Nevada. The Chapter balances the need to maintain professional standards with procedural protections for educators. Nevada courts support the authority of educational agencies to enforce these rules, provided that due process is observed.
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