What happens when your teaching The lapse of teaching licenses is quite common and the school district, for the most part, has established a procedure pursuant to NRS 391.301 et seq. as to how to handle such cases. Generally, a teaching license lapses when the teacher fails to renew it due to forgetfulness or fails to remove a provision on the license, such as taking Nevada School Law or passing the Praxis. In 2003, the Nevada Legislature passed NRS 391.301 et seq. in order to address the suspension and termination of employees for failure to maintain a valid license. This statute addressed the fact that prior to its enactment, teachers were forced out of the classroom the day that the teaching license lapsed due to not having a valid license even though it would cause a great disruption to the classroom because it occurred while school was in session. NRS 391.3015 provides that the school district must notify the employee, in writing, of the lapse of the license and must NOT suspend said employee for a lapsed license for 90 days after the date of the notice or the end of the school year, whichever is greater when the lapse occurs during a time that school is in session. The employee’s license is considered valid during that time period and, thus, the employee can continue teaching for the remainder of the school year or 90 days, whichever is greater. If after the time allotted, i.e. the end of the school year or the 90 days, the employee fails to reinstate the teaching license, his/her employment is deemed terminated. It is important to note that this provision only applies when the teaching license has lapsed, not revoked or suspended. If the teaching license lapses when school is not in session, is revoked or suspended, the school district must immediately suspend the employee without pay pursuant to NRS 391.302. The employee has 90 days after the date of notice of suspension to reinstate the license. If the employee reinstates the license within the time period prescribed, the school district must immediately reinstate him/her to the position held at the time of the suspension. There are also notice requirements that the school district must comply with when an employee is being suspended for failure to maintain a license. Following are the items the employee must be notified of in writing: 1) that he/she is being suspended; 2) the date on which the period for reinstatement of the license will expire; 3) his/her right to request a hearing pursuant to NRS 391.308; 4) to whom the hearing request should be made; and 5) the employee will receive a copy of the applicable statutes.
license lapses, is suspended or revoked?
(CCEA Express, May 2009)
Additional time over the 90 days to reinstate the license may be granted by the school district pursuant to NRS 391.308. The employee must request a hearing within 15 days of receiving the notice of suspension from the school district’s designee and must set forth the facts warranting an extension. If a timely hearing request is made, a hearing is held to determine whether there are extenuating circumstances to warrant an extension of time. The employee and the school district can be represented by counsel, can present evidence, and cross-examine witnesses. The superintendent, or his designee, must make a ruling upon the conclusion of the hearing and provide whether the employee will be granted an extension and the factual basis for the decision. A written decision must be rendered three (3) days from the date of hearing.
Although, this Chapter of the Nevada Revised Statute has been in effect since 2003, and the school district handles lapses, revocations, and suspensions of teaching licenses correctly for the most part, there are cases that fall through the cracks. Just recently, a member was terminated due to his license being revoked back in January. His license was revoked for only one day, yet he was told that he had to reapply, contrary to the above-mentioned statutes. Three months later he contacted CCEA and the matter was resolved. He has returned to the classroom and will obtain back pay for when the school district did not allow him to teach, which totals over 3 months of pay. The more you know, the less advantage can be taken of you. More importantly, if you don’t know, call CCEA. The specialized knowledge CCEA has to offer is one of its greatest benefits of membership.