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- 83rd Session (2025)
Senate Bill No. 400–Senators Dondero Loop;
Doñate, Ohrenschall, Pazina and Taylor
CHAPTER..........
AN ACT relating to education; revising provisions governing the
services which a school district is required to provide to a
child with a disability who transfers from a different school
district; revising provisions governing the qualifications of
music teachers and art teachers; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
The federal Individuals with Disabilities Education Act requires each state
educational agency, other state agency or local educational agency to conduct an
initial evaluation of a child before determining whether the child r equires special
education services. (20 U.S.C. § 1414(a)) The Act additionally requires each state
educational agency, other state agency or local educational agency to, at the
beginning of each school year, have an individualized education program in effe ct
for each child with a disability. (20 U.S.C. § 1414(d)(2)(A)) Furthermore, the Act
provides that, if a child with a disability who has an individualized education
program transfers to a new school district during the academic year, the local
educational agency to which he or she transfers is required to provide services
comparable to those in the individualized education program from the previous
school district, in consultation with the parent or legal guardian of the child, until:
(1) if the new school district is in the same state, the local educational agency
adopts the individualized education program from the previous school district or
develops, adopts and implements a new individualized education program; or (2) if
the new school district is in a different state, the local educational agency conducts
an evaluation of the pupil, if determined to be necessary, and develops a new
individualized education program, if appropriate. (20 U.S.C. § 1414(d)(2)(C)(i))
Existing law in this State requires an e xamination of a child to be conducted
before any child is placed in a special program for pupils with disabilities, except
that a child who transfers schools due to the military transfer of a parent or legal
guardian must initially be provided the services the child received under the
individualized education program from the previous school. (NRS 388.433)
Section 1 of this bill adopts provisions similar to the provisions of the Act with
respect to the transfer of a child to a new school. If a child with a disability
transfers from a school inside or outside this State, section 1 requires the child to
initially be provided, in consultation with the child’s parent or guardian, services
that are comparable to the services the child received at his or her previ ous school
under his or her current individualized education program. If the child transferred
from a school inside this State, section 1 requires the child to receive these services
until the current individualized education program is adopted or another individual
education plan is developed, adopted and implemented. If the child transferred from
a school outside this State, section 1 requires the child to receive such services until
an examination is conducted, if determined to be necessary, and a new
individualized education program is developed, if appropriate.
Existing law creates the Commission on Professional Standards in Education
and requires the Commission to adopt regulations that: (1) with certain exceptions,
require teachers to obtain from the Department of Education an endorsement in a
field of specialization to be eligible to teach in that field; and (2) set forth the
educational requirements a teacher must satisfy to qualify for an endorsement in a
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field of specialization. (NRS 391.011, 391. 019) Existing law authorizes a person
who holds a license to teach middle school, junior high school or secondary school
to teach only in his or her major or minor field of preparation, unless the
Commission provides an exception. (NRS 391.031) Existing la w and regulations
provide that a person who is licensed to teach elementary school is authorized to
teach all subjects in elementary grades and, thus, existing law and regulations do
not specifically limit a person who is licensed to teach elementary schoo l to teach
only in his or her major or minor field of preparation. (NRS 391.031;
NAC 391.090)
Section 2 of this bill requires the Commission to adopt regulations establishing
the requirements for a teacher, administrator or other educational personnel to
obtain an endorsement to teach music or art, which must include a requirement to
pass a competency test in the subject matter of music or art, as applicable. Section
2 also requires the Commission to adopt regulations that require a teacher to obtain
an endorsement from the Department of Education to teach music or art to be
eligible to teach music or art, as applicable, at an elementary school, middle school,
junior hi gh school or secondary school, except for a teacher at an elementary
school: (1) located in a school district in which fewer than 200,000 pupils are
enrolled (currently all school districts other than the Clark County School District);
or (2) in which fewe r than 500 pupils are enrolled. This requirement is subject to
the existing, generally applicable exemption from the requirement for a teacher to
hold an endorsement in a field of specialization to teach in that subject area if a
shortage of teachers exists in that subject area and the board of trustees of a school
district obtains authorization from the Superintendent of Public Instruction to
temporarily employ licensed teachers who do not hold such an endorsement.
(NRS 391.125)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.433 is hereby amended to read as follows:
388.433 1. [Before] Except as otherwise provided in
subsection 4, before any child is placed in a special program for
pupils with disabilities:
(a) A consultation must be held with the child’s parents or
guardian.
(b) An examination must be conducted for the purpose of
finding the extent to which the child deviates from normal growth
and development patterns. The examination must be conducted in
accordance with standards prescribed by the State Board.
2. A psychiatrist may be consulted in any specific case when
the board of trustees of a school district deems it necessary.
3. The board of trustees of a school district or the governing
body of a charter school shall not place a child or authorize the
placement of a child in a program for pupils with disabilities solely
because the child is a disciplinary problem in school.
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4. [Pursuant to the prov isions of NRS 388F.010, a ] A child
with a disability who transfers to a school in this State from a school
inside or outside this State [because of the military transfer of the
parent or legal guardian of the child ] must initially be provided , in
consultation with the child’s parent or guardian, services that are
comparable to the services the child received at his or her previous
school under his or her current individualized education program
until [the placement of the child is determined pursuant to th is
section.] :
(a) If the child transferred from a school inside this State, the
current individualized education program is adopted or another
individualized education plan is developed, adopted and
implemented.
(b) If the child transferred from a schoo l outside this State, an
examination is conducted pursuant to this section, if determined to
be necessary, and a new individualized education program is
developed, if appropriate.
Secs. 1.3 and 1.7. (Deleted by amendment.)
Sec. 2. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027,
the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other
educational personnel and the procedures for the issuance and
renewal of those licenses. The regulations:
(1) Must include, without limitation, the qualifications for
licensing teachers and administrators pursuant to an alternative route
to licensure which provides that the required education and training
may be provided by any qualified provider which has been approved
by the Commission, including, without limitation, institutions of
higher education and other providers that operate independently of
an institution of higher educatio n. The regulations adopted pursuant
to this subparagraph must:
(I) Establish the requirements for approval as a qualified
provider;
(II) Require a qualified provider to be selective in its
acceptance of students;
(III) Require a qualified provider to provide in -person or
virtual supervised, school -based experiences and ongoing support
for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work
required or provide for the waiver of required course work for
students who achieve certain scores on tests;
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(V) Allow for the completion in 2 years or less of the
education and training required under the alternative route to
licensure;
(VI) Provide that a person who has completed the
education and training re quired under the alternative route to
licensure and who has satisfied all other requirements for licensure
may apply for a regular license pursuant to sub -subparagraph (VII)
regardless of whether the person has received an offer of
employment from a school district, charter school or private school;
and
(VII) Upon the completion by a person of the education
and training required under the alternative route to licensure and the
satisfaction of all other requirements for licensure, provide for the
issuance of a regular license to the person pursuant to the provisions
of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle
school or junior high school education or secondary education to
demonstrate proficiency in a field of specialization or area of
concentration by successfully completing course work prescribed by
the Department or completing a subject matter competency
examination prescribed by the Department with a score deemed
satisfactory.
(3) Must not prescribe qualifications which are more
stringent than the qualifications set forth in NRS 391.0315 for a
licensed teacher who applies for an additional license in accordance
with that section.
(b) Identifying fields of specialization in teaching which require
the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring
teachers to obtain from the Department an endorsement in a field of
specialization to be eligible to teach in that field of specialization.
(d) Setting forth the educational requirements a teacher must
satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for
obtaining a license or endorsement to teach Amer ican Sign
Language, including, without limitation, being registered with the
Aging and Disability Services Division of the Department of Health
and Human Services pursuant to NRS 656A.100 to engage in the
practice of sign language interpreting in a primary or secondary
educational setting.
(f) Requiring teachers and other educational personnel to be
registered with the Aging and Disability Services Division pursuant
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to NRS 656A.100 to engage in the practice of sign language
interpreting in a primary or secondary educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of sign language
interpreting, as defined in NRS 656A.060.
(g) Prescribing course work on parental involvement and f amily
engagement. The Commission shall:
(1) Work in cooperation with the Office of Parental
Involvement and Family Engagement created by NRS 385.630 in
developing the regulations required by this paragraph.
(2) Establish standards for professional development training
which may be used to satisfy any course work requirement
prescribed pursuant to this paragraph.
(h) Establishing the requirements for obtaining an endorsement
on the license of a teacher, administrator or other educational
personnel in cultural competency.
(i) Authorizing the Superintendent of Public Instruction to issue
a license by endorsement to an applicant who holds an equivalent
license or authorization issued by a governmental entity in another
country if the Superintendent determi nes that the qualifications for
the equivalent license or authorization are substantially similar to
those prescribed pursuant to paragraph (a).
(j) Establishing the requirements for obtaining an endorsement
on the license of a teacher, administrator or o ther educational
personnel in teaching courses relating to financial literacy.
(k) Authorizing a person who is employed as a paraprofessional
and enrolled in a program to become a teacher to complete an
accelerated program of student teaching in the same or a
substantially similar area in which the person is employed as a
paraprofessional while remaining employed as a paraprofessional.
(l) Requiring the Department to accept a program of student
teaching or other teaching experience completed in another st ate or
foreign country by an applicant for a license if the Department
determines that the program or experience substantially fulfills the
standards of a program of student teaching in this State.
(m) Authorizing a person who is employed by a public school to
provide support or other services relating to school psychology, if
the person does not hold a license or endorsement as a school
psychologist but is enrolled in a program that would allow the
person to obtain such a license or endorsement, to comple te a
program of internship in school psychology while remaining
employed in such a position.
(n) To carry out the provisions of NRS 391B.010.
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(o) Establishing the requirements for obtaining an
endorsement on the license of a teacher, administrator or other
educational personnel to teach music or art, which must include,
in addition to any coursework requirement, a requirement to
successfully complete a competency test in the subject matter of
music or art , as applicable, that has been approved by the
Commission, at the level of competence specified by the
Commission.
(p) Except as otherwise provided in NRS 391.125, requiring a
teacher to obtain from the Department an endorsement to teach
music or art to be eligible to teach music or art, as applicable, at
an elementary school, middle school, junior high school or
secondary school, except that the Commission shall not require a
teacher to obtain an endorsement to teach music or art to be
eligible to teach music or art at an elementary school:
(1) Located in a school district in which fewer than 200,000
pupils are enrolled; or
(2) In which fewer than 500 pupils are enrolled.
2. Except as otherwise provided in NRS 391.027, the
Commission may adopt such other regulations as it deems necessary
for its own government or to carry out its duties.
3. Any regulation which increases the amount of education,
training or experience required for licensing:
(a) Must, in addition to the requirements for publication in
chapter 233B of NRS, be publicized before i ts adoption in a manner
reasonably calculated to inform those persons affected by the
change.
(b) Must not become effective until at least 1 year after the date
it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the
regulation becomes effective.
Sec. 2.5. (Deleted by amendment.)
Sec. 3. 1. This section becomes effective upon passage and
approval.
2. Section 1 of this act becomes effective on July 1, 2025.
3. Section 2 of this act becomes effective on July 1, 2026.
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