Nevada 2025 Regular Session

Nevada Assembly Bill AB49 Latest Draft

Bill / Amended Version

                             	EXEMPT 
 (Reprinted with amendments adopted on April 21, 2025) 
 	FIRST REPRINT A.B. 49 
 
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ASSEMBLY BILL NO. 49–COMMITTEE ON EDUCATION 
 
(ON BEHALF OF THE WASHOE COUNTY SCHOOL DISTRICT) 
 
PREFILED NOVEMBER 19, 2024 
____________ 
 
Referred to Committee on Education 
 
SUMMARY—Revises provisions relating to educational personnel. 
(BDR 34-519) 
 
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; authorizing a person 
who holds a license to teach in another state to be hired as 
a teacher in this State on a certain provisional basis if he 
or she satisfies certain requirements; requiring the 
Commission on Professional Standards in Education to 
prescribe certain regulations concerning the licensure of 
teachers, school counselors, school nurses and school 
social workers; requiring the Department of Education to 
waive certain fees for licensure for certain substitute 
teachers; eliminating the authority of the State Board of 
Education to disapprove of regulations adopted by the 
Commission; and providing other matters properly 
relating thereto. 
Legislative Counsel’s Digest: 
 Existing law creates the Commission on Professional Standards in Education 1 
and requires the Commission to prescribe regulations for licensing teachers and 2 
other educational personnel. (NRS 391.011, 391.019) Under existing law, such 3 
regulations are required to provide for the reciprocal licensure of educational 4 
personnel from other states. (NRS 391.032) Section 1 of this bill authorizes the 5 
board of trustees of a school district or the governing body of a charter school to 6 
employ as a teacher, on a provisional basis not to exceed 1 year, a person not 7 
licensed as a teacher in this State if the person: (1) holds a license in good standing 8 
from another state; (2) has submitted an application to receive a license to teach in 9 
this State; and (3) has completed the background investigation the employing 10 
school district is required to conduct. 11   
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 Section 2 of this bill requires that the regulations adopted by the Commission 12 
also prescribe qualifications for a person to use work experience or a license in an 13 
area of career and technical education to receive an endorsement in career and 14 
technical education without repeating certain requirements. Additionally, section 2 15 
requires such regulations to authorize a person who is employed by a public school 16 
to provide support and other services relating to school counseling and is enrolled 17 
in a program that would allow the person to obtain a license or endorsement as a 18 
school counselor to simultaneously complete any required internship or practicum 19 
hours for the purpose of obtaining such a license or endorsement. Section 2 also 20 
requires such regulations to authorize a person to serve as a school nurse or school 21 
social worker without the applicable endorsement if the person: (1) has applied for 22 
such an endorsement and is awaiting the issuance or denial of the endorsement; and 23 
(2) holds certain valid licenses issued by the State Board of Nursing or the Board of 24 
Examiners for Social Workers, as applicable. Section 4 of this bill makes a 25 
conforming change to authorize such a registered nurse to be employed as a school 26 
nurse without an endorsement as a school nurse. 27 
 Section 3 of this bill requires a reduction in the fee for a license to teach for 28 
certain applicants who are substitute teachers. 29 
 Existing law authorizes the State Board of Education to disapprove of any 30 
regulation that is adopted by the Commission on Professional Standards in 31 
Education. (NRS 391.027) Section 4.5 of this bill eliminates the authority of the 32 
State Board to take such an action. Sections 2, 2.3 and 2.7 of this bill make 33 
conforming changes to remove references to this authority in other provisions of 34 
law. 35 
 
 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
 Section 1.  Chapter 391 of NRS is hereby amended by adding 1 
thereto a new section to read as follows: 2 
 Notwithstanding any other provision of law, the board of 3 
trustees of a school district or the governing body of a charter 4 
school may, on a provisional basis not to exceed 1 year, employ as 5 
a teacher a person who is not licensed to teach pursuant to this 6 
chapter if the person: 7 
 1.  Is licensed in good standing as a teacher in another state; 8 
 2.  Has submitted an application for the issuance of a license 9 
to teach pursuant to this chapter; 10 
 3.  Is employed to teach in a position that corresponds to the 11 
license of the teacher in the other state; 12 
 4.  Complies with the requirements of NRS 391.104; and 13 
 5.  Is not otherwise prohibited from being employed as a 14 
teacher in this State. 15 
 Sec. 2.  NRS 391.019 is hereby amended to read as follows: 16 
 391.019 1.  [Except as otherwise provided in NRS 391.027, 17 
the] The Commission shall adopt regulations: 18 
 (a) Prescribing the qualifications for licensing teachers and other 19 
educational personnel and the procedures for the issuance and 20 
renewal of those licenses. The regulations: 21   
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  (1) Must include, without limitation, the qualifications for 1 
licensing teachers and administrators pursuant to an alternative route 2 
to licensure which provides that the required education and training 3 
may be provided by any qualified provider which has been approved 4 
by the Commission, including, without limitation, institutions of 5 
higher education and other providers that operate independently of 6 
an institution of higher education. The regulations adopted pursuant 7 
to this subparagraph must: 8 
   (I) Establish the requirements for approval as a qualified 9 
provider; 10 
   (II) Require a qualified provider to be selective in its 11 
acceptance of students; 12 
   (III) Require a qualified provider to provide in-person or 13 
virtual supervised, school-based experiences and ongoing support 14 
for its students, such as mentoring and coaching; 15 
   (IV) Significantly limit the amount of course work 16 
required or provide for the waiver of required course work for 17 
students who achieve certain scores on tests; 18 
   (V) Allow for the completion in 2 years or less of the 19 
education and training required under the alternative route to 20 
licensure; 21 
   (VI) Provide that a person who has completed the 22 
education and training required under the alternative route to 23 
licensure and who has satisfied all other requirements for licensure 24 
may apply for a regular license pursuant to sub-subparagraph (VII) 25 
regardless of whether the person has received an offer of 26 
employment from a school district, charter school or private school; 27 
and 28 
   (VII) Upon the completion by a person of the education 29 
and training required under the alternative route to licensure and the 30 
satisfaction of all other requirements for licensure, provide for the 31 
issuance of a regular license to the person pursuant to the provisions 32 
of this chapter and the regulations adopted pursuant to this chapter. 33 
  (2) Must require an applicant for a license to teach middle 34 
school or junior high school education or secondary education to 35 
demonstrate proficiency in a field of specialization or area of 36 
concentration by successfully completing course work prescribed by 37 
the Department or completing a subject matter competency 38 
examination prescribed by the Department with a score deemed 39 
satisfactory. 40 
  (3) Must not prescribe qualifications which are more 41 
stringent than the qualifications set forth in NRS 391.0315 for a 42 
licensed teacher who applies for an additional license in accordance 43 
with that section. 44   
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  (4) Must prescribe qualifications for the receipt of a 1 
secondary license with an endorsement in career and technical 2 
education that authorize an applicant to use work experience or a 3 
license in an area of career and technical education to satisfy 4 
requirements on the application if he or she has previously listed 5 
the information on an application for such a license that is no 6 
longer valid.  7 
 (b) Identifying fields of specialization in teaching which require 8 
the specialized training of teachers. 9 
 (c) Except as otherwise provided in NRS 391.125, requiring 10 
teachers to obtain from the Department an endorsement in a field of 11 
specialization to be eligible to teach in that field of specialization.  12 
 (d) Setting forth the educational requirements a teacher must 13 
satisfy to qualify for an endorsement in each field of specialization. 14 
 (e) Setting forth the qualifications and requirements for 15 
obtaining a license or endorsement to teach American Sign 16 
Language, including, without limitation, being registered with the 17 
Aging and Disability Services Division of the Department of Health 18 
and Human Services pursuant to NRS 656A.100 to engage in the 19 
practice of sign language interpreting in a primary or secondary 20 
educational setting. 21 
 (f) Requiring teachers and other educational personnel to be 22 
registered with the Aging and Disability Services Division pursuant 23 
to NRS 656A.100 to engage in the practice of sign language 24 
interpreting in a primary or secondary educational setting if they: 25 
  (1) Provide instruction or other educational services; and 26 
  (2) Concurrently engage in the practice of sign language 27 
interpreting, as defined in NRS 656A.060. 28 
 (g) Prescribing course work on parental involvement and family 29 
engagement. The Commission shall: 30 
  (1) Work in cooperation with the Office of Parental 31 
Involvement and Family Engagement created by NRS 385.630 in 32 
developing the regulations required by this paragraph. 33 
  (2) Establish standards for professional development training 34 
which may be used to satisfy any course work requirement 35 
prescribed pursuant to this paragraph. 36 
 (h) Establishing the requirements for obtaining an endorsement 37 
on the license of a teacher, administrator or other educational 38 
personnel in cultural competency. 39 
 (i) Authorizing the Superintendent of Public Instruction to issue 40 
a license by endorsement to an applicant who holds an equivalent 41 
license or authorization issued by a governmental entity in another 42 
country if the Superintendent determines that the qualifications for 43 
the equivalent license or authorization are substantially similar to 44 
those prescribed pursuant to paragraph (a). 45   
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 (j) Establishing the requirements for obtaining an endorsement 1 
on the license of a teacher, administrator or other educational 2 
personnel in teaching courses relating to financial literacy. 3 
 (k) Authorizing a person who is employed as a paraprofessional 4 
and enrolled in a program to become a teacher to complete an 5 
accelerated program of student teaching in the same or a 6 
substantially similar area in which the person is employed as a 7 
paraprofessional while remaining employed as a paraprofessional. 8 
 (l) Requiring the Department to accept a program of student 9 
teaching or other teaching experience completed in another state or 10 
foreign country by an applicant for a license if the Department 11 
determines that the program or experience substantially fulfills the 12 
standards of a program of student teaching in this State. 13 
 (m) Authorizing a person who is employed by a public school to 14 
provide support or other services relating to [school] : 15 
  (1) School psychology, if the person does not hold a license 16 
or endorsement as a school psychologist but is enrolled in a program 17 
that would allow the person to obtain such a license or endorsement, 18 
to complete a program of internship in school psychology while 19 
remaining employed in such a position. 20 
  (2) School counseling, if the person does not hold a license 21 
or endorsement as a school counselor but is enrolled in a program 22 
that would allow the person to obtain such a license or 23 
endorsement, to complete any required program of internship or 24 
practicum hours to obtain such a license or endorsement while 25 
remaining employed in such a position. 26 
 (n) Authorizing a person who has applied for an endorsement 27 
as a school nurse or school social worker to, during the pendency 28 
of such application: 29 
  (1) Serve as a school nurse without an endorsement as a 30 
school nurse if he or she holds a valid license as a registered nurse 31 
issued by the State Board of Nursing; or 32 
  (2) Serve as a school social worker without an endorsement 33 
as a school social worker if he or she holds a valid license as a 34 
social worker issued by the Board of Examiners for Social 35 
Workers. 36 
 (o) To carry out the provisions of NRS 391B.010. 37 
 2.  [Except as otherwise provided in NRS 391.027, the] The 38 
Commission may adopt such other regulations as it deems necessary 39 
for its own government or to carry out its duties. 40 
 3.  Any regulation which increases the amount of education, 41 
training or experience required for licensing: 42 
 (a) Must, in addition to the requirements for publication in 43 
chapter 233B of NRS, be publicized before its adoption in a manner 44   
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reasonably calculated to inform those persons affected by the 1 
change. 2 
 (b) Must not become effective until at least 1 year after the date 3 
it is adopted by the Commission. 4 
 (c) Is not applicable to a license in effect on the date the 5 
regulation becomes effective. 6 
 Sec. 2.3.  NRS 391.021 is hereby amended to read as follows: 7 
 391.021 1.  [Except as otherwise provided in NRS 391.027, 8 
the] The Commission shall adopt regulations governing 9 
examinations for the initial licensing of teachers and other 10 
educational personnel. The regulations adopted by the Commission 11 
must ensure that the examinations test the ability of the applicant to 12 
teach and the applicant’s knowledge of each specific subject he or 13 
she proposes to teach. 14 
 2. When adopting regulations pursuant to subsection 1, the 15 
Commission shall consider including any alternative means of 16 
demonstrating competency for persons with a disability or health-17 
related need that the Commission determines are necessary and 18 
appropriate. 19 
 3. The regulations adopted by the Commission pursuant to 20 
subsection 1 must authorize an applicant to be exempt from any 21 
requirement to pass a competency test in basic reading, writing and 22 
mathematics if the applicant submits to the Department evidence 23 
that, after not passing a competency test in basic reading, writing 24 
and mathematics at the level of competence specified by the 25 
Commission, the applicant began and completed, with a grade of B 26 
or better, a course of study approved by the Department in each 27 
subject area of the competency test that the applicant did not pass at 28 
the level of competence specified by the Commission. 29 
 4. Teachers and educational personnel from another state who 30 
obtain a reciprocal license pursuant to NRS 391.032 or 391B.010 31 
are not required to take the examinations for the initial licensing of 32 
teachers and other educational personnel described in this section or 33 
any other examination for initial licensing required by the 34 
regulations adopted by the Commission. 35 
 Sec. 2.7.  NRS 391.032 is hereby amended to read as follows: 36 
 391.032 1.  [Except as otherwise provided in NRS 391.027, 37 
the] The Commission shall: 38 
 (a) Adopt regulations which provide for the issuance of 39 
provisional licenses to teachers and other educational personnel 40 
before completion of all courses of study or other requirements for a 41 
license in this State. 42 
 (b) Adopt regulations which provide for the reciprocal licensure 43 
of educational personnel from other states including, without 44 
limitation, for the reciprocal licensure of persons who hold a license 45   
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to teach special education. Such regulations must include, without 1 
limitation, provisions: 2 
  (1) For the reciprocal licensure of persons who obtained a 3 
license pursuant to an alternative route to licensure which the 4 
Department determines is as rigorous or more rigorous than the 5 
alternative route to licensure prescribed pursuant to subparagraph 6 
(1) of paragraph (a) of subsection 1 of NRS 391.019. 7 
  (2) Which provide for the licensure of persons pursuant to 8 
the Interstate Teacher Mobility Compact enacted in NRS 391B.010. 9 
 2.  A person who is a member of the Armed Forces of the 10 
United States, a veteran of the Armed Forces of the United States or 11 
the spouse of such a member or veteran of the Armed Forces of the 12 
United States and who has completed the equivalent of an 13 
alternative route to licensure program in another state may obtain a 14 
license as if such person has completed the alternative route to 15 
licensure program of this State. 16 
 3. The Commission shall adopt regulations requiring the 17 
Superintendent of Public Instruction to issue a provisional license to 18 
teach if: 19 
 (a) The Superintendent determines that the applicant is 20 
otherwise qualified for the license; and 21 
 (b) The applicant: 22 
  (1) Graduated with a bachelor’s degree or higher but is 23 
awaiting conferment of the degree; or 24 
  (2) Satisfies the requirements for conditional licensure 25 
through an alternative route to licensure. 26 
 4. A person who is issued a provisional license must complete 27 
all courses of study and other requirements for a license in this State 28 
which is not provisional within 3 years after the date on which a 29 
provisional license is issued. 30 
 Sec. 3.  NRS 391.040 is hereby amended to read as follows: 31 
 391.040 1.  The Commission shall fix fees of not less than 32 
$100 for the: 33 
 (a) Initial issuance of a license, which must include the fees for 34 
processing the fingerprints of the applicant by the Central 35 
Repository for Nevada Records of Criminal History and the Federal 36 
Bureau of Investigation; and 37 
 (b) Renewal of a license, which must include the fees for 38 
processing the fingerprints of the applicant for renewal by the 39 
Central Repository for Nevada Records of Criminal History and the 40 
Federal Bureau of Investigation. 41 
 2.  The fee for issuing a duplicate license is the same as for 42 
issuing the original. 43 
 3.  The portion of each fee which represents the amount charged 44 
by the Federal Bureau of Investigation for processing the 45   
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fingerprints of the applicant must be deposited with the State 1 
Treasurer for credit to the appropriate account of the Department of 2 
Public Safety. The remaining portion of the money received from 3 
the fees must be deposited with the State Treasurer for credit to the 4 
appropriate account of the Department of Education. 5 
 4. The Department of Education [may] : 6 
 (a) May waive any fee for the initial issuance of a license, the 7 
renewal of a license or the issuance of a duplicate license for an 8 
applicant or licensee who is a veteran of the Armed Forces of the 9 
United States, an applicant or licensee who is a member of the 10 
Armed Forces of the United States who is on active duty or an 11 
applicant or licensee who is the spouse of such a veteran or member 12 
of the Armed Forces of the United States. 13 
 (b) Shall waive all or part of the fee for the initial issuance of a 14 
license to teach for an applicant who holds a license or 15 
endorsement as a substitute teacher and who paid the fee to apply 16 
for and be issued such a license or endorsement within 1 year 17 
preceding the date on which the applicant submits the application 18 
for the initial issuance of a license to teach. The amount of the fee 19 
waiver pursuant to this paragraph must equal the amount paid by 20 
the applicant for the license or endorsement as a substitute 21 
teacher. 22 
 Sec. 4.  NRS 391.291 is hereby amended to read as follows: 23 
 391.291 1.  The provision of nursing services in a school 24 
district by school nurses and other qualified personnel must be 25 
under the direction and supervision of a chief nurse who is a 26 
registered nurse as provided in NRS 632.240 and who: 27 
 (a) Holds an endorsement to serve as a school nurse issued 28 
pursuant to regulations adopted by the Commission; or 29 
 (b) Is employed by a state, county, city or district health 30 
department and provides nursing services to the school district in the 31 
course of that employment. 32 
 2.  [A] Except as otherwise provided in regulations adopted by 33 
the Commission pursuant to NRS 391.019, a school district shall 34 
not employ a person to serve as a school nurse unless the person 35 
holds an endorsement to serve as a school nurse issued pursuant to 36 
regulations adopted by the Commission. 37 
 3.  The chief nurse shall ensure that each school nurse: 38 
 (a) Coordinates with the principal of each school to designate: 39 
  (1) Employees of the school who are authorized to 40 
administer auto-injectable epinephrine; and 41 
  (2) If the school has obtained an order for an opioid 42 
antagonist pursuant to subsection 2 of NRS 386.870, at least two 43 
employees of the school who are authorized to administer the opioid 44 
antagonist. 45   
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 (b) Provides the employees so designated with training 1 
concerning the proper storage and administration of auto-injectable 2 
epinephrine or opioid antagonists, as applicable. 3 
 4. As used in this section, “opioid antagonist” has the meaning 4 
ascribed to it in NRS 453C.040. 5 
 Sec. 4.5.  NRS 391.027 is hereby repealed. 6 
 Sec. 5.  This act becomes effective on July 1, 2025. 7 
 
 
TEXT OF REPEALED SECTION 
 
 
 391.027  Approval or disapproval of Commission’s 
regulations by State Board of Education. 
 1.  The State Board may disapprove any regulation adopted by 
the Commission. 
 2.  A regulation shall be deemed approved if the State Board 
does not disapprove the regulation within 90 days after it is adopted 
by the Commission. 
 
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