Adoption of regulations to establish procedure for notification, tracking and monitoring the status of criminal cases; maintenance of file on employee; fees for tracking and monitoring status of case.

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1. The Department shall adopt regulations that establish a procedure for the notification, tracking and monitoring of the status of criminal cases involving teachers and administrators who are employed by a charter school but are not licensed pursuant to chapter 391 of NRS. The procedure must include, without limitation:

(a) The method by which the administrative head of a charter school must notify the Department in a timely manner of the arrest of such an employee if:

(1) The act for which the employee is arrested:

(I) May be a ground for the suspension or revocation of a person’s license pursuant to NRS 391.330; and

(II) Is not excluded by the Department from the notification requirements of this section; and

(2) The charter school has knowledge of the arrest.

(b) The method by which the administrative head of a charter school must notify the Department in a timely manner of:

(1) Each action, if any, taken against the employee by the charter school after the arrest; and

(2) The conviction of the employee, if the employee is convicted of the act for which he or she was arrested.

(c) The steps the Department must follow in response to the receipt of notice pursuant to this section, including, without limitation, the preparation of a separate file on the employee for the documentation and monitoring of the status of the case.

2. Each file that is maintained on an employee pursuant to subsection 1 must include, without limitation:

(a) The date on which the employee was arrested and the date on which the Department received notice of the arrest from the charter school;

(b) The reason why the employee was arrested;

(c) The steps taken by the Department in response to all notices received by the Department from a charter school pursuant to subsection 1; and

(d) The final resolution of the case and the date of resolution.

3. If the Department maintains a file on an employee pursuant to this section and the employee is not convicted of an offense, the file and any related documents must not be made a part of that employee’s permanent employment record.

4. The Department may prescribe a fee to be assessed against a charter school for the costs incurred by the Department for tracking and monitoring the status of a criminal case in accordance with the requirements prescribed pursuant to this section. Any fee prescribed pursuant to this section must be calculated to produce the revenue estimated to cover the costs related to tracking and monitoring the status of a criminal case, but the amount of the fee for tracking and monitoring the status of a criminal case must not exceed the actual cost to the Department of tracking and monitoring the status of the criminal case.

(Added to NRS by 2017, 2111)


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