Nevada § 391.273 - Supervision of unlicensed personnel; exemptions; reduction of adjusted base per pupil funding for failure to comply; exception for certain unlicensed personnel of charter school; record of exempt personnel

§ 391.273. Supervision of unlicensed personnel; exemptions; reduction of adjusted base per pupil funding for failure to comply; exception for certain unlicensed personnel of charter school; record of exempt personnel

1. Except as otherwise provided in this section and except for persons who are supervised

pursuant to NRS 391.096 , the unlicensed personnel of a school district must be directly supervised by licensed

personnel in all duties which are instructional in nature. To the extent practicable, the direct supervision must be such that the unlicensed

personnel are in the immediate location of the licensed personnel and are readily

available during such times when supervision is required. 2. Unlicensed personnel who are exempted pursuant to subsection 4, 5 or 6 must be

under administrative supervision when performing any duties which are instructional

in nature. 3. Unlicensed personnel may temporarily perform duties under administrative supervision

which are not primarily instructional in nature. 4. Except as otherwise provided in subsection 7, upon application by a superintendent

of schools, the Superintendent of Public Instruction may grant an exemption from the

provisions of subsection 1 pursuant to subsection 5 or 6. 5. Except as otherwise provided in subsection 6, the Superintendent shall not grant

an exemption from the provisions of subsection 1 unless: (a) The duties are within the employee's special expertise or training; (b) The duties relate to the humanities or an elective course of study, or are supplemental

to the basic curriculum of a school; (c) The performance of the duties does not result in the replacement of a licensed

employee or prevent the employment of a licensed person willing to perform those duties; (d) The secondary or combined school in which the duties will be performed has less

than 100 pupils enrolled and is at least 30 miles from a school in which the duties

are performed by licensed personnel; and (e) The unlicensed employee submits his or her fingerprints for an investigation pursuant

to NRS 391.033 . 6. Upon application by a superintendent of schools, the Superintendent of Public Instruction

may grant an exemption from the provisions of subsection 1 if: (a) The duties of the unlicensed employee relate to the supervision of pupils attending

a course of distance education provided pursuant to NRS 388.820 to 388.874 , inclusive, while the pupils are receiving instruction from a licensed employee remotely

through any electronic means of communication; and (b) The unlicensed employee submits his or her fingerprints for an investigation pursuant

to NRS 391.033 . 7. The exemption authorized by subsection 4, 5 or 6 does not apply to a paraprofessional

if the requirements prescribed by the State Board pursuant to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher. 8. The Superintendent of Public Instruction shall file a record of all exempt personnel

with the clerk of the board of trustees of each local school district, and advise

the clerk of any changes therein. The record must contain: (a) The name of the exempt employee; (b) The specific instructional duties the exempt employee may perform; (c) Any terms or conditions of the exemption deemed appropriate by the Superintendent

of Public Instruction; and (d) The date the exemption expires or a statement that the exemption is valid as long

as the employee remains in the same position at the same school. 9. The Superintendent of Public Instruction may adopt regulations prescribing the

procedure to apply for an exemption pursuant to this section and the criteria for

the granting of such exemptions. 10. Except in an emergency, it is unlawful for the board of trustees of a school district

to allow a person employed as a teacher's aide to serve as a teacher unless the person

is a legally qualified teacher licensed by the Superintendent of Public Instruction. As used in this subsection, “ emergency ” means an unforeseen circumstance which requires immediate action and includes the

fact that a licensed teacher or substitute teacher is not immediately available. 11. If the Superintendent of Public Instruction determines that the board of trustees

of a school district has violated the provisions of subsection 10, the Superintendent

shall take such actions as are necessary to reduce the amount of money received by

the district pursuant to subsections 1 and 2 of NRS 387.124 by an amount equal to the product when the following numbers are multiplied together: (a) The number of days on which the violation occurred; (b) The number of pupils in the classroom taught by the teacher's aide; and (c) The number of dollars of adjusted base per pupil funding established for the school

district pursuant to NRS 387.1214 per day. 12. Except as otherwise provided in this subsection, a person employed as a teacher's

aide or paraprofessional may monitor pupils in a computer laboratory without being

directly supervised by licensed personnel. The provisions of this subsection do not apply to a paraprofessional if the requirements

prescribed by the State Board pursuant to NRS 391.094 require the paraprofessional to be directly supervised by a licensed teacher. 13. The provisions of this section do not apply to unlicensed personnel who are employed

by the governing body of a charter school, unless a paraprofessional employed by the

governing body is required to be directly supervised by a licensed teacher pursuant

to the requirements prescribed by the State Board pursuant to NRS 391.094 .