School official authorized to file appeal with State Board for reprisal or retaliatory action taken in response to disclosure; hearing; order to desist and refrain; adoption of rules of procedure for hearings.

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1. If any reprisal or retaliatory action is taken against a school official who discloses information concerning irregularities in testing administration or testing security within 2 years after the information is disclosed, the school official may file a written appeal with the State Board for a hearing on the matter and determination of whether the action taken was a reprisal or retaliatory action. The written appeal must be accompanied by a statement that sets forth with particularity:

(a) The facts and circumstances pursuant to which the disclosure of information concerning irregularities in testing administration or testing security was made; and

(b) The reprisal or retaliatory action that is alleged to have been taken against the school official.

The hearing must be conducted in accordance with the rules of procedure adopted by the State Board pursuant to subsection 4.

2. If the State Board determines that the action taken was a reprisal or retaliatory action, it may issue an order directing the proper person to desist and refrain from engaging in such action.

3. The State Board may not rule against the school official based on the identity of the person or persons to whom the information concerning irregularities in testing administration or testing security was disclosed.

4. The State Board shall adopt rules of procedure for conducting a hearing pursuant to this section.

(Added to NRS by 2001, 1210) — (Substituted in revision for NRS 391.632)


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