Protect Your License, Protect Your Job
(CCEA Express, October 2009)
Currently, the possibility exists that student enrollment will be down in the school district for the first time since 1984; coupled with the present state of the economy and the budget shortfall Nevada is facing, the school district has placed a hiring freeze for teachers. You may think, “This doesn’t impact me, I already have a job.” This is true, unless you lose it for something as simple as letting your license lapse. Licensure is YOUR responsibility.
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. to handle such cases. Generally, a teaching license lapses when the teacher fails to renew it 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, even though it could 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 his 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 (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, the employee fails to reinstate the teaching license, his employment is deemed terminated. It is important to note that this provision only applies when the teaching license has lapsed, and not when it has been revoked or suspended.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 his license. If the employee reinstates his license within the time period prescribed, the school district must immediately reinstate him to the position held at the time of the suspension.
There are also notice requirements that the school district must provide an employee who is being suspended for failure to maintain a license. The employee must be notified in writing of the following:
• that the employee is being suspended,
• the date on which the period for reinstatement of his license will expire,
• the right to request a hearing, and
• to whom the hearing request should be made.
In addition, the employee must be provided a copy of the applicable statutes.
In extenuating circumstances, additional time over the 90 days to reinstate the license may be granted by the school district pursuant to NRS 391.308.
If you obtain your license after the time allotted, you do not have a right to your position, even if there is a substitute teacher in the position. Teachers in this position have to go through the employment application process again. Because of the hiring freeze, teachers who were teaching during the 2008-2009 school year and were not able to obtain their license within the constraints of NRS 391.308, have been terminated, have not been rehired and have to wait and see what happens. During these times, it is imperative to protect your license, your position, and your seniority.