Senate Bill No. 35–Committee on Human
Resources and Facilities

 

(On Behalf of the Legislative Committee on
Education (NRS 218.5352))

 

Prefiled January 30, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Provides for alternate route to teacher licensure. (BDR 34‑637)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to educational personnel; requiring the Commission on Professional Standards in Education to adopt regulations that provide for an alternate route to a teacher’s license for persons with certain qualifications; requiring the State Board of Education to adopt regulations prescribing the courses of study and training for such persons; requiring boards of trustees of school districts and governing bodies of charter schools to assign mentors to persons who are licensed through an alternate route and employed as teachers; providing for expiration of a license obtained through an alternate route if a person does not satisfy certain requirements; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 391 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  A person who is licensed pursuant to the regulations

1-4  adopted by the Commission in accordance with subparagraph (6)

1-5  of paragraph (a) of subsection 1 of NRS 391.019:

2-1  1.  May be licensed to teach elementary or secondary

2-2  education, as set forth in paragraphs (a) and (b) of subsection 1 of

2-3  NRS 391.031.

2-4  2.  Shall comply with all applicable statutes and regulations.

2-5  3.  Except as otherwise provided by specific statute, is entitled

2-6  to all benefits, rights and privileges conferred by statutes and

2-7  regulations on licensed teachers.

2-8  4.  Except as otherwise provided by specific statute, if he is

2-9  employed as a teacher by the board of trustees of a school district

2-10  or the governing body of a charter school, is entitled to all

2-11  benefits, rights and privileges conferred by statutes and

2-12  regulations on the licensed employees of a school district or a

2-13  charter school, as applicable.

2-14      Sec. 3.  1.  The State Board shall prescribe by regulation the

2-15  contents of:

2-16      (a) An intensive course of study and training in the principles

2-17  and methods of teaching and classroom management which the

2-18  State Board determines will provide sufficient preparation for a

2-19  person who desires to obtain a license pursuant to the regulations

2-20  adopted by the Commission in accordance with subparagraph (6)

2-21  of paragraph (a) of subsection 1 of NRS 391.019; and

2-22      (b) A brief course of study and training in advanced principles

2-23  and methods of teaching and classroom management which is

2-24  designed to enhance the course completed pursuant to paragraph

2-25  (a) and is to be taken in the year after the initial year of teaching.

2-26  The course may not require more than 2 consecutive weeks of

2-27  instruction.

2-28      2.  Each person who desires to obtain a license pursuant to

2-29  the regulations adopted by the Commission in accordance with

2-30  subparagraph (6) of paragraph (a) of subsection 1 of NRS 391.019

2-31  must submit with his application, in the form prescribed by the

2-32  Superintendent of Public Instruction, proof that he has

2-33  satisfactorily completed a course of study and training that

2-34  satisfies the requirements of the State Board adopted pursuant to

2-35  paragraph (a) of subsection 1.

2-36      3.  Each person who desires to maintain a license issued

2-37  pursuant to the regulations adopted by the Commission in

2-38  accordance with subparagraph (6) of paragraph (a) of subsection

2-39  1 of NRS 391.019 must submit, in the form prescribed by the

2-40  Superintendent of Public Instruction, proof that he has

2-41  satisfactorily completed:

2-42      (a) A course of study and training that satisfies the

2-43  requirements of the State Board adopted pursuant to paragraph

2-44  (b) of subsection 1; and

3-1  (b) One year of employment as a teacher with a school district

3-2  or charter school.

3-3  4.  Except as otherwise provided in this subsection, the proof

3-4  required by subsection 3 must be submitted not later than 15

3-5  months after the date on which the initial license was issued. The

3-6  Superintendent of Public Instruction may, for good cause shown,

3-7  grant one reasonable extension of time for a licensee to submit the

3-8  proof required by paragraph (a) of subsection 3 if the licensee

3-9  requests an extension before the date on which the submission of

3-10  proof is otherwise required.

3-11      5.  If a licensee submits the proof required pursuant to

3-12  subsection 3 within the time prescribed in subsection 4 or, if an

3-13  extension was granted pursuant to subsection 4, within the time

3-14  prescribed by the Superintendent of Public Instruction, the

3-15  notation on his license indicating that the license was obtained

3-16  through an alternate route must be removed. If a licensee does not

3-17  submit the proof required pursuant to subsection 3 within the time

3-18  prescribed in subsection 4 or, if an extension was granted

3-19  pursuant to subsection 4, within the time prescribed by the

3-20  Superintendent of Public Instruction, his license shall be deemed

3-21  expired and the procedures for revocation of a license do not

3-22  apply.

3-23      Sec. 4.  If the board of trustees of a school district or the

3-24  governing body of a charter school employs a teacher who is

3-25  licensed pursuant to the regulations adopted by the Commission in

3-26  accordance with subparagraph (6) of paragraph (a) of subsection

3-27  1 of NRS 391.019, the board of trustees or the governing body, as

3-28  applicable:

3-29      1.  Shall assign at least one licensed teacher whom the board

3-30  of trustees or the governing body determines is qualified to serve

3-31  as a mentor to the teacher who is licensed through the alternate

3-32  route for his first year of employment with the school district or

3-33  charter school.

3-34      2.  May not require the teacher who is licensed through the

3-35  alternate route to complete a probationary period that is more than

3-36  the period set forth in NRS 391.3197.

3-37      Sec. 5.  NRS 391.019 is hereby amended to read as follows:

3-38      391.019  1.  Except as otherwise provided in NRS 391.027,

3-39  the Commission:

3-40      (a) Shall adopt regulations:

3-41          (1) Prescribing the qualifications for licensing teachers and

3-42  other educational personnel and the procedures for the issuance and

3-43  renewal of such licenses.

3-44          (2) Identifying fields of specialization in teaching which

3-45  require the specialized training of teachers.

4-1       (3) Except as otherwise provided in NRS 391.125, requiring

4-2  teachers to obtain from the Department an endorsement in a field of

4-3  specialization to be eligible to teach in that field of specialization.

4-4       (4) Setting forth the educational requirements a teacher must

4-5  satisfy to qualify for an endorsement in each field of specialization.

4-6       (5) Setting forth the qualifications and requirements for

4-7  obtaining a license or endorsement to teach American Sign

4-8  Language.

4-9       (6) Prescribing the qualifications for licensing as teachers

4-10  persons who hold at least a bachelor’s degree in a field other than

4-11  education from an accredited college or university and the

4-12  procedures for the issuance and renewal of such licenses. The

4-13  regulations adopted pursuant to this subparagraph must require a

4-14  person to:

4-15              (I) Complete a course that complies with the standards

4-16  established pursuant to paragraph (a) of subsection 1 of section 3

4-17  of this act for initial licensure;

4-18              (II) Pass all the examinations required for initial

4-19  licensure as a teacher pursuant to this chapter; and

4-20              (III) Complete a course that complies with the standards

4-21  established pursuant to paragraph (b) of subsection 1 of section 3

4-22  of this act and satisfactorily complete 1 year of employment as a

4-23  teacher with a school district or charter school to maintain his

4-24  license.

4-25      (b) May adopt such other regulations as it deems necessary for

4-26  its own government or to carry out its duties.

4-27      2.  Any regulation which increases the amount of education,

4-28  training or experience required for licensing:

4-29      (a) Must, in addition to the requirements for publication in

4-30  chapter 233B of NRS, be publicized before its adoption in a manner

4-31  reasonably calculated to inform those persons affected by the

4-32  change.

4-33      (b) Must not become effective until at least 1 year after the date

4-34  it is adopted by the Commission.

4-35      (c) Is not applicable to a license in effect on the date the

4-36  regulation becomes effective.

4-37      Sec. 6.  NRS 391.019 is hereby amended to read as follows:

4-38      391.019  1.  Except as otherwise provided in NRS 391.027,

4-39  the Commission:

4-40      (a) Shall adopt regulations:

4-41          (1) Prescribing the qualifications for licensing teachers and

4-42  other educational personnel and the procedures for the issuance and

4-43  renewal of such licenses.

4-44          (2) Identifying fields of specialization in teaching which

4-45  require the specialized training of teachers.

5-1       (3) Except as otherwise provided in NRS 391.125, requiring

5-2  teachers to obtain from the Department an endorsement in a field of

5-3  specialization to be eligible to teach in that field of specialization.

5-4       (4) Setting forth the educational requirements a teacher must

5-5  satisfy to qualify for an endorsement in each field of specialization.

5-6       (5) Setting forth the qualifications and requirements for

5-7  obtaining a license or endorsement to teach American Sign

5-8  Language, including, without limitation, being qualified to engage

5-9  in the practice of interpreting pursuant to subsection 3 of

5-10  NRS 656A.100.

5-11          (6) Prescribing the qualifications for licensing as teachers

5-12  persons who hold at least a bachelor’s degree in a field other than

5-13  education from an accredited college or university and the

5-14  procedures for the issuance and renewal of such licenses. The

5-15  regulations adopted pursuant to this subparagraph must require a

5-16  person to:

5-17              (I) Complete a course that complies with the standards

5-18  established pursuant to paragraph (a) of subsection 1 of section 3

5-19  of this act for initial licensure;

5-20              (II) Pass all the examinations required for initial

5-21  licensure as a teacher pursuant to this chapter; and

5-22              (III) Complete a course that complies with the standards

5-23  established pursuant to paragraph (b) of subsection 1 of section 3

5-24  of this act and satisfactorily complete 1 year of employment as a

5-25  teacher with a school district or charter school to maintain his

5-26  license.

5-27          (7) Except as otherwise authorized by subsection 4 of NRS

5-28  656A.100, requiring teachers and other educational personnel to

5-29  satisfy the qualifications set forth in subsection 3 of NRS 656A.100

5-30  if they:

5-31              (I) Provide instruction or other educational services; and

5-32              (II) Concurrently engage in the practice of interpreting, as

5-33  defined in NRS 656A.040.

5-34      (b) May adopt such other regulations as it deems necessary for

5-35  its own government or to carry out its duties.

5-36      2.  Any regulation which increases the amount of education,

5-37  training or experience required for licensing:

5-38      (a) Must, in addition to the requirements for publication in

5-39  chapter 233B of NRS, be publicized before its adoption in a manner

5-40  reasonably calculated to inform those persons affected by the

5-41  change.

5-42      (b) Must not become effective until at least 1 year after the date

5-43  it is adopted by the Commission.

5-44      (c) Is not applicable to a license in effect on the date the

5-45  regulation becomes effective.

6-1  Sec. 7.  NRS 391.031 is hereby amended to read as follows:

6-2  391.031  1.  There are the following kinds of licenses for

6-3  teachers and other educational personnel in this state:

6-4  [1.] (a) A license to teach elementary education, which

6-5  authorizes the holder to teach in any elementary school in the State.

6-6  [2.] (b) A license to teach secondary education, which

6-7  authorizes the holder to teach in his major or minor field of

6-8  preparation or in both fields in any secondary school. He may teach

6-9  only in these fields unless an exception is approved pursuant to

6-10  regulations adopted by the Commission.

6-11      [3.] (c) A special license, which authorizes the holder to teach

6-12  or perform other educational functions in a school or program as

6-13  designated in the license.

6-14      2.  A license issued to a person pursuant to the regulations

6-15  adopted by the Commission in accordance with subparagraph (6)

6-16  of paragraph (a) of subsection 1 of NRS 391.019 must, for the first

6-17  year of licensure, contain a notation that the license is issued

6-18  pursuant to those regulations. If the licensee fulfills the

6-19  requirements of subsection 3 of section 3 of this act, he must be

6-20  issued a license that:

6-21      (a) Is identical to a license issued pursuant to paragraph (a) or

6-22  (b) of subsection 1, as applicable; and

6-23      (b) Does not contain a notation which indicates that the

6-24  license was obtained through an alternate route in a prior year.

6-25      Sec. 8.  NRS 391.033 is hereby amended to read as follows:

6-26      391.033  1.  All licenses for teachers and other educational

6-27  personnel are granted by the Superintendent of Public Instruction

6-28  pursuant to regulations adopted by the Commission and as

6-29  otherwise provided by law.

6-30      2.  An application for the issuance of a license must include the

6-31  social security number of the applicant.

6-32      3.  An application for the issuance of a license pursuant to the

6-33  regulations adopted by the Commission in accordance with

6-34  subparagraph (6) of paragraph (a) of subsection 1 of NRS 391.019

6-35  must include a notation that the applicant is applying pursuant to

6-36  those regulations.

6-37      4.  Every applicant for a license must submit with his

6-38  application a complete set of his fingerprints and written permission

6-39  authorizing the Superintendent to forward the fingerprints to the

6-40  Federal Bureau of Investigation and to the Central Repository for

6-41  Nevada Records of Criminal History for their reports on the

6-42  criminal history of the applicant.

6-43      [4.] 5.  The Superintendent may issue a provisional license

6-44  pending receipt of the reports of the Federal Bureau of Investigation

7-1  and the Central Repository for Nevada Records of Criminal History

7-2  if he determines that the applicant is otherwise qualified.

7-3  [5.] 6.  A license must be issued to an applicant if:

7-4  (a) The Superintendent determines that the applicant is

7-5  qualified;

7-6  (b) The reports on the criminal history of the applicant from the

7-7  Federal Bureau of Investigation and the Central Repository for

7-8  Nevada Records of Criminal History:

7-9       (1) Do not indicate that the applicant has been convicted of a

7-10  felony or any offense involving moral turpitude; or

7-11          (2) Indicate that the applicant has been convicted of a felony

7-12  or an offense involving moral turpitude but the Superintendent

7-13  determines that the conviction is unrelated to the position within the

7-14  county school district for which the applicant applied; and

7-15      (c) The applicant submits the statement required pursuant to

7-16  NRS 391.034.

7-17      Sec. 9.  NRS 391.037 is hereby amended to read as follows:

7-18      391.037  1.  The State Board shall:

7-19      (a) Prescribe by regulation the standards for approval of a course

7-20  of study or training offered by an educational institution to qualify a

7-21  person to be a teacher or administrator or to perform other

7-22  educational functions.

7-23      (b) Maintain descriptions of the approved courses of study

7-24  required to qualify for endorsements in fields of specialization and

7-25  provide to an applicant, upon request, the approved course of study

7-26  for a particular endorsement.

7-27      2.  [Every] Except as otherwise provided in section 3 of this

7-28  act, each applicant for a license as a teacher or administrator or to

7-29  perform some other educational function must submit with his

7-30  application, in the form prescribed by the Superintendent of Public

7-31  Instruction, proof that he has satisfactorily completed a course of

7-32  study and training approved by the State Board[.] pursuant to

7-33  subsection 1.

7-34      Sec. 10.  NRS 391.038 is hereby amended to read as follows:

7-35      391.038  1.  The State Board, in consultation with educational

7-36  institutions in this state which offer courses of study and training for

7-37  the education of teachers, the board of trustees of each school

7-38  district in this state and other educational personnel, shall review

7-39  and evaluate a course of study and training offered by an

7-40  educational institution which is designed to provide the education

7-41  required for:

7-42      (a) The licensure of teachers or other educational personnel;

7-43      (b) The renewal of licenses of teachers or other educational

7-44  personnel; or

7-45      (c) An endorsement in a field of specialization.

8-1  If the course of study and training meets the requirements

8-2  established by the State Board, it must be approved by the State

8-3  Board. The State Board shall not approve a course of study [or] and

8-4  training unless the course of study and training provides instruction,

8-5  to the extent deemed necessary by the State Board, in the standards

8-6  of content and performance prescribed by the Council to Establish

8-7  Academic Standards for Public Schools pursuant to NRS 389.520.

8-8  2.  The State Board may review and evaluate such courses of

8-9  study and training itself or may recognize a course of study and

8-10  training approved by a national agency for accreditation acceptable

8-11  to the Board.

8-12      3.  The State Board shall adopt regulations establishing fees for

8-13  the review by the Board of a course of study and training submitted

8-14  to the Board by an educational institution.

8-15      4.  The State Board, in consultation with educational

8-16  institutions in this state which offer courses of study and training for

8-17  the education of teachers and other educational personnel, and the

8-18  Nevada Association of Colleges for Teacher Education and the

8-19  Nevada Association of Teacher Educators, shall adopt regulations

8-20  governing the approval by the State Board of courses of study and

8-21  training which are accredited by the National Council for

8-22  Accreditation of Teacher Education, and those which are not so

8-23  accredited.

8-24      5.  If the State Board denies or withdraws its approval of a

8-25  course of study or training, the educational institution is entitled to a

8-26  hearing and judicial review of the decision of the State Board.

8-27      6.  The provisions of this section do not apply to a course of

8-28  study and training prescribed by the State Board pursuant to

8-29  section 3 of this act.

8-30      Sec. 11.  1.  On or before January 1, 2004, the Commission on

8-31  Professional Standards in Education shall adopt regulations pursuant

8-32  to section 5 of this act.

8-33      2.  On or before January 1, 2004, the State Board of Education

8-34  shall adopt regulations pursuant to section 3 of this act.

8-35      Sec. 12.  1.  This section and sections 1 and 11 of this act

8-36  become effective on July 1, 2003.

8-37      2.  Section 3 of this act becomes effective on July 1, 2003, for

8-38  the purpose of adopting regulations and on January 1, 2004, for all

8-39  other purposes.

8-40      3.  Section 5 of this act:

8-41      (a) Becomes effective on July 1, 2003, for the purpose of

8-42  adopting regulations and on January 1, 2004, for all other purposes.

8-43      (b) Expires by limitation on June 30, 2005.

8-44      4.  Sections 2, 4 and 7 to 10, inclusive, of this act become

8-45  effective on January 1, 2004.

9-1  5.  Section 6 of this act becomes effective at 12:01 a.m. on

9-2  July 1, 2005.

 

9-3  H