REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2)
S.B. 227
- *SB227*
SENATE BILL NO. 227–COMMITTEE ON EDUCATION
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON EDUCATION)
FEBRUARY 20, 2025
____________
Referred to Committee on Education
SUMMARY—Enacts the School Psychologist Interstate Licensure
Compact. (BDR 34-531)
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 education; enacting the School Psychologist
Interstate Licensure Compact; exempting a person
licensed pursuant to the Compact from certain
requirements generally applicable to licensure;
authorizing the sharing of certain information when
required pursuant to the Compact; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Commission on Professional Standards in Education 1
to prescribe regulations for licensing educational personnel, including regulations 2
which provide for the reciprocal licensure of educational personnel from other 3
states. (NRS 391.019, 319.032) Existing law defines the term “school psychologist” 4
to mean a person who holds a license issued pursuant to the provisions of existing 5
law governing the licensing of educational personnel and an endorsement to serve 6
as a school psychologist issued pursuant to the regulations adopted by the 7
Commission or who is otherwise authorized by the Superintendent of Public 8
Instruction to serve as a school psychologist. (NRS 385.007) 9
Section 2 of this bill enacts the School Psychologist Interstate Licensure 10
Compact. The Compact allows a person who has been issued a license as a school 11
psychologist in his or her home state that is a member of the Compact, which the 12
Compact designates as a “home state license,” to obtain an equivalent license in 13
any other state that is a member of the Compact. Sections 3 and 5 of this bill 14
require the Commission on Professional Standards in Education to adopt 15
regulations: (1) to carry out the provisions of the Compact; and (2) which provide 16
for the licensure of persons pursuant to the Compact. 17
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The Compact provides for the creation by member states of a joint 18
governmental agency called the School Psychologist Interstate Licensure Compact 19
Commission. Under the Compact, the Commission has the power to establish and 20
amend rules and bylaws and various other powers relating to the administration of 21
the Compact. The Compact establishes procedures and requirements for the 22
conduct of meetings of the Commission and for the promulgation of rules by the 23
Commission. 24
The Compact sets forth certain requirements for a state to be eligible to join the 25
Compact, including qualifications that a state must impose for the issuance of a 26
home state license. Existing regulations of the Commission on Professional 27
Standards in Education, with certain exceptions, set forth three alternative avenues 28
for a person to qualify for an endorsement to serve as a school psychologist in this 29
State. Under the first avenue, a person must: (1) hold a master’s or more advanced 30
degree; (2) have preparation in school psychology; (3) have successfully completed 31
certain areas of study; (4) have earned 60 semester hours of graduate credits in 32
certain areas of study; and (5) have completed an internship in school psychology 33
consisting of two full-time regular consecutive semesters or 1,000 hours of 34
supervised and practical experience which meet certain criteria. Under the second 35
avenue, a person must hold a credential as a Nationally Certified School 36
Psychologist issued by the National Association of School Psychologists or its 37
successor organization. Finally, under the third avenue, a person must have 38
completed a program approved by the State Board of Education which prepares a 39
person to be a school psychologist. (NAC 391.315, as amended by LCB File No. 40
R120-22 and R165-22, NAC 391.319, as amended by LCB File No. 124-22) The 41
Compact requires that, to be eligible to join the Compact, a state must require an 42
applicant for a home state license as a school psychologist to have: (1) taken and 43
passed a qualifying national examination, as defined by the rules of the School 44
Psychologist Interstate Licensure Compact Commission; (2) completed a minimum 45
of 1,200 hours of supervised internship, of which at least 600 must have been 46
completed in a school, before being approved for licensure; and (3) graduated from 47
a qualifying school psychologist education program approved by the rules of the 48
Commission. 49
The Compact sets forth procedures by which a person who has been issued a 50
home state license as a school psychologist may obtain an equivalent license in 51
another state that is a member of the Compact. In order to obtain and maintain such 52
an equivalent license, the Compact requires the person to: (1) hold and maintain a 53
home state license; (2) satisfy any applicable state-specific requirements established 54
by the member state after an equivalent license is granted; (3) complete certain 55
administrative or application requirements and pay certain fees; (4) complete any 56
requirements for renewal in his or her home state; and (5) undergo a criminal 57
background check. To renew an equivalent license issued pursuant to the Compact, 58
the Compact requires a person only to apply for renewal, complete a background 59
check and pay any applicable fees for renewal. 60
Sections 4, 6 and 8 of this bill exempt a person licensed pursuant to the 61
Compact from: (1) requirements concerning the examinations required for the 62
initial licensing of teachers and other educational personnel; (2) requirements for 63
continuing education for school psychologists; and (3) a requirement for an 64
applicant for a license as a teacher or administrator or to perform some other 65
educational function to submit with his or her application for licensure proof of 66
completion of a certain course of study and training approved by the Commission 67
on Professional Standards in Education. (NRS 391.021, 391.0349, 391.037) 68
Section 1 of this bill revises the definition of the term “school psychologist” to 69
include a person licensed pursuant to the Compact among the persons who 70
constitute a school psychologist. 71
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The Compact also requires a member state to agree to provide for the 72
facilitation of certain information concerning persons licensed as school 73
psychologists. Section 7 of this bill revises provisions governing the confidentiality 74
of certain information concerning an application for licensure to authorize such 75
information to be disclosed when required by the Compact. Section 9 of this bill 76
provides for the confidentiality of certain information disclosed pursuant to the 77
Compact. 78
The Compact provides additional provisions to carry out the Compact, 79
including provisions relating to active military members or their spouses, 80
provisions for oversight, dispute resolution and enforcement by the School 81
Psychologist Interstate Licensure Compact Commission and procedures for 82
amendments of and withdrawals from the Compact. The Compact becomes 83
effective upon ratification from seven states. Currently, only Colorado and West 84
Virginia have ratified the Compact. 85
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.007 is hereby amended to read as follows: 1
385.007 As used in this title, unless the context otherwise 2
requires: 3
1. “Challenge school” has the meaning ascribed to it in 4
NRS 388D.305. 5
2. “Charter school” means a public school that is formed 6
pursuant to the provisions of chapter 388A of NRS. 7
3. “Department” means the Department of Education. 8
4. “English learner” has the meaning ascribed to it in 20 U.S.C. 9
§ 7801(20). 10
5. “Homeschooled child” means a child who receives 11
instruction at home and who is exempt from compulsory enrollment 12
and attendance pursuant to NRS 392.070. 13
6. “Local school precinct” has the meaning ascribed to it in 14
NRS 388G.535. 15
7. “Public schools” means all kindergartens and elementary 16
schools, junior high schools and middle schools, high schools, 17
charter schools and any other schools, classes and educational 18
programs which receive their support through public taxation and, 19
except for charter schools, whose textbooks and courses of study are 20
under the control of the State Board. 21
8. “School bus” has the meaning ascribed to it in 22
NRS 484A.230. 23
9. “School counselor” or “counselor” means a person who 24
holds a license issued pursuant to chapter 391 of NRS and an 25
endorsement to serve as a school counselor issued pursuant to 26
regulations adopted by the Commission on Professional Standards 27
in Education or who is otherwise authorized by the Superintendent 28
of Public Instruction to serve as a school counselor. 29
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10. “School psychologist” or “psychologist” means a person 1
who holds a license issued pursuant to chapter 391 of NRS and an 2
endorsement to serve as a school psychologist issued pursuant to 3
regulations adopted by the Commission on Professional Standards 4
in Education , a license issued pursuant to section 2 of this act or 5
who is otherwise authorized by the Superintendent of Public 6
Instruction to serve as a school psychologist. 7
11. “School social worker” or “social worker” means a social 8
worker licensed pursuant to chapter 641B of NRS who holds a 9
license issued pursuant to chapter 391 of NRS and an endorsement 10
to serve as a school social worker issued pursuant to regulations 11
adopted by the Commission on Professional Standards in Education 12
or who is otherwise authorized by the Superintendent of Public 13
Instruction to serve as a school social worker. 14
12. “State Board” means the State Board of Education. 15
13. “University school for profoundly gifted pupils” has the 16
meaning ascribed to it in NRS 388C.040. 17
Sec. 2. Chapter 391 of NRS is hereby amended by adding 18
thereto a new section to read as follows: 19
The School Psychologist Interstate Licensure Compact is 20
hereby ratified, enacted into law and entered into with all other 21
jurisdictions legally joining the Compact, in substantially the form 22
set forth in this section: 23
24
SECTION 1. PURPOSE 25
26
The purpose of this Compact is to facilitate the interstate 27
practice of School Psychology in educational or school settings, 28
and in so doing to improve the availability of School Psychological 29
Services to the public. This Compact is intended to establish a 30
pathway to allow School Psychologists to obtain equivalent 31
licenses to provide School Psychological Services in any Member 32
State. In this way, this Compact shall enable the Member States to 33
ensure that safe and effective School Psychological Services are 34
available and delivered by appropriately qualified professionals in 35
their educational settings. 36
To facilitate the objectives described above, this Compact: 37
A. Enables School Psychologists who qualify for receipt of an 38
Equivalent License to practice in other Member States without 39
first satisfying burdensome and duplicative requirements; 40
B. Promotes the mobility of School Psychologists between 41
and among the Member States in order to address workforce 42
shortages and to ensure that safe and reliable School 43
Psychological Services are available in each Member State; 44
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C. Enhances the public accessibility of School Psychological 1
Services by increasing the availability of qualified, licensed School 2
Psychologists through the establishment of an efficient and 3
streamlined pathway for Licensees to practice in other Member 4
States; 5
D. Preserves and respects the authority of each Member State 6
to protect the health and safety of its residents by ensuring that 7
only qualified, licensed professionals are authorized to provide 8
School Psychological Services within that State; 9
E. Requires School Psychologists practicing within a Member 10
State to comply with the Scope of Practice laws present in the State 11
where the School Psychological Services are being provided; 12
F. Promotes cooperation between the Member States in 13
regulating the practice of School Psychology within those States; 14
and 15
G. Facilitates the relocation of military members and their 16
spouses who are licensed to provide School Psychological 17
Services. 18
19
SECTION 2. DEFINITIONS 20
21
A. “Active Military Member” means any person with full-22
time duty status in the armed forces of the United States, including 23
members of the National Guard and Reserve. 24
B. “Adverse Action” means disciplinary action or 25
encumbrance imposed on a License by a State Licensing 26
Authority. 27
C. “Alternative Program” means a non -disciplinary, 28
prosecutorial diversion, monitoring, or practice remediation 29
process entered into in lieu of an Adverse Action which is 30
applicable to a School Psychologist and approved by the State 31
Licensing Authority of a Member State in which the participating 32
School Psychologist is licensed. This includes, but is not limited to, 33
programs to which Licensees with substance abuse or addiction 34
issues may be referred in lieu of an Adverse Action. 35
D. “Commissioner” means the individual appointed by a 36
Member State to serve as the representative to the Commission for 37
that Member State. 38
E. “Compact” means this School Psychologist Interstate 39
Licensure Compact. 40
F. “Continuing Professional Education” means a 41
requirement, imposed by a Member State as a condition of License 42
renewal to provide evidence of successful participation in 43
professional educational activities relevant to the provision of 44
School Psychological Services. 45
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G. “Criminal Background Check” means the submission of 1
fingerprints or other biometric information for a License applicant 2
for the purpose of obtaining that applicant’s criminal history 3
record information, as defined in 28 C.F.R. § 20.3(d), and the 4
State’s criminal history record repository as defined in 28 C.F.R. § 5
20.3(f). 6
H. “Doctoral Level Degree” means a graduate degree 7
program that consists of at least 90 graduate semester hours in the 8
field of School Psychology including a supervised internship. 9
I. “Encumbered License” means a License that a State 10
Licensing Authority has limited in any way other than through an 11
Alternative Program, including temporary or provisional licenses. 12
J. “Executive Committee” means the Commission’s Chair, 13
Vice Chair, Secretary and Treasurer and any other 14
Commissioners as may be determined by Commission Rule or 15
bylaw. 16
K. “Equivalent License” means a license to practice School 17
Psychology which a Member State has identified as a license 18
which may be provided to School Psychologists from other 19
Member States pursuant to this Compact. 20
L. “Home State” means the Member State that issued the 21
Home State License to the Licensee and is the Licensee’s primary 22
state of practice. 23
M. “Home State License” means the License that is not an 24
Encumbered License issued by the Home State to provide School 25
Psychological Services. 26
N. “License” means a current license, certification, or other 27
authorization granted by a Member State’s Licensing Authority 28
that permits an individual to provide School Psychological 29
Services. 30
O. “Licensee” means an individual who holds a License from 31
a Member State to provide School Psychological Services. 32
P. “Member State” means a State that has enacted the 33
Compact and been admitted to the Commission in accordance with 34
the provisions herein and Commission Rules. 35
Q. “Model Compact” means the model language for the 36
School Psychologist Interstate Licensure Compact on file with 37
the Council of State Governments or other entity as designated by 38
the Commission. 39
R. “Practice of School Psychology” means the delivery of 40
School Psychological Services. 41
S. “Qualifying National Exam” means a national licensing 42
examination endorsed by the National Association of School 43
Psychologists and any other exam as approved by the Rules of the 44
Commission. 45
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T. “Qualifying School Psychologist Education Program” 1
means an education program which awards a Specialist-Level or 2
Doctoral-Level degree or equivalent upon completion and is 3
approved by the Rules of the Commission as meeting the necessary 4
minimum educational standards to ensure that its graduates are 5
ready, qualified, and able to engage in the Practice of School 6
Psychology. 7
U. “Remote State” means a Member State other than the 8
Home State where a Licensee holds a License through the 9
Compact. 10
V. “Rule” means a regulation promulgated by an entity, 11
including, but not limited to, the Commission and the State 12
Licensing Authority of each Member State, that has the force of 13
law. 14
W. “School Psychological Services” means academic, mental 15
and behavioral health services including assessment, prevention, 16
consultation and collaboration, intervention, and evaluation 17
provided by a School Psychologist in a school, as outlined in 18
applicable professional standards as determined by Commission 19
Rule. 20
X. “School Psychologist” means an individual who has met 21
the requirements to obtain a Home State License that legally 22
conveys the professional title of School Psychologist, or its 23
equivalent as determined by the Rules of the Commission. 24
Y. “School Psychologist Interstate Licensure Compact 25
Commission” or “Commission” means the joint government 26
agency established by this Compact whose membership consists of 27
representatives from each Member State that has enacted the 28
Compact, and as further described in Section 7. 29
Z. “Scope of Practice” means the procedures, actions, and 30
processes a School Psychologist licensed in a State is permitted to 31
undertake in that State and the circumstances under which that 32
Licensee is permitted to undertake those procedures, actions, and 33
processes. Such procedures, actions, and processes, and the 34
circumstances under which they may be undertaken, may be 35
established through means including, but not limited to, statute, 36
regulations, case law, and other processes available to the State 37
Licensing Authority or other government agency. 38
AA. “Specialist-Level Degree” means a degree program that 39
requires at least 60 graduate semester hours or equivalent in the 40
field of School Psychology including a supervised internship. 41
BB. “State” means any state, commonwealth, district, or 42
territory of the United States of America. 43
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CC. “State Licensing Authority” means a Member State’s 1
regulatory body responsible for issuing Licenses or otherwise 2
overseeing the Practice of School Psychology. 3
DD. “State Specific Requirement” means a requirement for 4
licensure covered in coursework or examination that includes 5
content of unique interest to the State. 6
EE. “Unencumbered License” means a License that 7
authorizes a Licensee to engage in the full and unrestricted 8
Practice of School Psychology. 9
10
SECTION 3. STATE PARTICIPATION IN THE COMPACT 11
12
A. To be eligible to join this Compact, and to maintain 13
eligibility as a Member State, a State must: 14
1. Enact a compact statute that is not materially different 15
from the Model Compact as defined in the Commission’s Rules; 16
2. Participate in the sharing of information with other 17
Member States as reasonably necessary to accomplish the 18
objectives of this Compact, and as further defined in Section 8; 19
3. Identify and maintain with the Commission a list of 20
Equivalent Licenses available to Licensees who hold a Home State 21
License under this Compact; 22
4. Have a mechanism in place for receiving and 23
investigating complaints about Licensees; 24
5. Notify the Commission, in compliance with the terms of 25
the Compact and the Commission’s Rules, of any Adverse Action 26
taken against a Licensee, or of the availability of investigative 27
information which relates to a Licensee or applicant for licensure; 28
6. Require that applicants for a Home State License have: 29
a. Taken and passed a Qualifying National Exam as 30
defined by the Rules of the Commission; 31
b. Completed a minimum of 1,200 hours of supervised 32
internship, of which at least 600 must have been completed in a 33
School, prior to being approved for licensure; and 34
c. Graduated from a Qualifying School Psychologist 35
Education Program; and 36
7. Comply with the terms of this Compact and the Rules of 37
the Commission. 38
B. Each Member State shall grant an Equivalent License to 39
practice School Psychology in that state upon application by a 40
Licensee who satisfies the criteria of Section 4.A. Each Member 41
State shall grant renewal of the Equivalent License to a Licensee 42
who satisfies the criteria of Section 4.B. 43
C. Member States may set and collect a fee for granting an 44
Equivalent License. 45
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SECTION 4. SCHOOL PSYCHOLOGIST 1
PARTICIPATION IN THE COMPACT 2
3
A. To obtain and maintain an Equivalent License from a 4
Remote State under this Compact, a Licensee must: 5
1. Hold and maintain an active Home State License; 6
2. Satisfy any applicable State Specific Requirements 7
established by the Member State after an Equivalent License is 8
granted; 9
3. Complete any administrative or application requirements 10
which the Commission may establish by Rule, and pay any 11
associated fees; 12
4. Complete any requirements for renewal in the Home 13
State, including applicable Continuing Professional Education 14
requirements; and 15
5. Upon their application to receive a license under this 16
Compact, undergo a criminal background check in the Member 17
State in which the Equivalent License is sought in accordance 18
with the laws and regulations of such Member State. 19
B. To renew an Equivalent License in a Member State other 20
than the Home State, a Licensee must only apply for renewal, 21
complete a background check, and pay renewal fees as determined 22
by the Licensing Authority. 23
24
SECTION 5. ACTIVE MILITARY MEMBERS 25
OR THEIR SPOUSES 26
27
A Licensee who is an Active Military Member or is the spouse 28
of an Active Military Member shall be deemed to hold a Home 29
State License in any of the following locations: 30
A. The Licensee’s permanent residence; 31
B. A Member State that is the Licensee’s primary State of 32
Practice; or 33
C. A Member State where the Licensee has relocated 34
pursuant to a Permanent Change of Station (PCS). 35
36
SECTION 6. DISCIPLINE/ADVERSE ACTIONS 37
38
A. Nothing in this Compact shall be deemed or construed to 39
limit the authority of a Member State to investigate or impose 40
disciplinary measures on Licensees according to the State Practice 41
Laws thereof. 42
B. Member States shall be authorized to receive, and shall 43
provide, files and information regarding the investigation and 44
discipline, if any, of Licensees in other Member States upon 45
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request. Any Member State receiving such information or files 1
shall protect and maintain the security and confidentiality thereof, 2
in at least the same manner that it maintains its own investigatory 3
or disciplinary files and information. Prior to disclosing any 4
disciplinary or investigatory information received from another 5
Member State, the disclosing state shall communicate its intention 6
and purpose for such disclosure to the Member State which 7
originally provided that information. 8
9
SECTION 7. ESTABLISHMENT OF THE 10
SCHOOL PSYCHOLOGIST INTERSTATE 11
LICENSURE COMPACT COMMISSION 12
13
A. The Member States hereby create and establish a joint 14
government agency whose membership consists of all Member 15
States that have enacted the Compact, and this agency shall be 16
known as the School Psychologist Interstate Licensure Compact 17
Commission. The Commission is an instrumentality of the 18
Member States acting jointly and not an instrumentality of any 19
one state. The Commission shall come into existence on or after 20
the effective date of the Compact as set forth in Section 11. 21
B. Membership, Voting, and Meetings 22
1. Each Member State shall have and be limited to one (1) 23
delegate selected by that Member State’s State Licensing 24
Authority. 25
2. The delegate shall be the primary administrative officer 26
of the Member State Licensing Authority or their designee who is 27
an employee of the Member State Licensing Authority. 28
3. The Commission shall by Rule or bylaw establish a term 29
of office for delegates and may by Rule or bylaw establish term 30
limits. 31
4. The Commission may recommend removal or suspension 32
of any delegate from office. 33
5. A Member State’s Licensing Authority shall fill any 34
vacancy of its delegate occurring on the Commission within 60 35
days of the vacancy. 36
6. Each delegate shall be entitled to one vote on all matters 37
before the Commission requiring a vote by Commission delegates. 38
7. A delegate shall vote in person or by such other means as 39
provided in the bylaws. The bylaws may provide for delegates to 40
meet by telecommunication, videoconference, or other means of 41
communication. 42
8. The Commission shall meet at least once during each 43
calendar year. Additional meetings may be held as set forth in the 44
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bylaws. The Commission may meet by telecommunication, video 1
conference or other similar electronic means. 2
C. The Commission shall have the power to: 3
1. Establish the fiscal year of the Commission; 4
2. Establish code of conduct and conflict of interest 5
policies; 6
3. Establish and amend Rules and bylaws; 7
4. Establish the procedure through which a Licensee may 8
change their Home State; 9
5. Maintain its financial records in accordance with the 10
bylaws; 11
6. Meet and take such actions as are consistent with the 12
provisions of this Compact, the Commission’s Rules, and the 13
bylaws; 14
7. Initiate and conclude legal proceedings or actions in the 15
name of the Commission, provided that the standing of any 16
Member State Licensing Authority to sue or be sued under 17
applicable law shall not be affected; 18
8. Maintain and certify records and information provided to 19
a Member State as the authenticated business records of the 20
Commission, and designate an agent to do so on the Commission’s 21
behalf; 22
9. Purchase and maintain insurance and bonds; 23
10. Borrow, accept, or contract for services of personnel, 24
including, but not limited to, employees of a Member State; 25
11. Conduct an annual financial review; 26
12. Hire employees, elect or appoint officers, fix 27
compensation, define duties, grant such individuals appropriate 28
authority to carry out the purposes of the Compact, and establish 29
the Commission’s personnel policies and programs relating to 30
conflicts of interest, qualifications of personnel, and other related 31
personnel matters; 32
13. Assess and collect fees; 33
14. Accept any and all appropriate gifts, donations, grants 34
of money, other sources of revenue, equipment, supplies, 35
materials, and services, and receive, utilize, and dispose of the 36
same, provided that, at all times, the Commission shall avoid any 37
appearance of impropriety or conflict of interest; 38
15. Lease, purchase, retain, own, hold, improve, or use any 39
property, real, personal, or mixed, or any undivided interest 40
therein; 41
16. Sell, convey, mortgage, pledge, lease, exchange, 42
abandon, or otherwise dispose of any property real, personal, or 43
mixed; 44
17. Establish a budget and make expenditures; 45
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18. Borrow money; 1
19. Appoint committees, including standing committees, 2
composed of members, State regulators, State legislators or their 3
representatives, and consumer representatives, and such other 4
interested persons as may be designated in this Compact and the 5
bylaws; 6
20. Provide and receive information from, and cooperate 7
with, law enforcement agencies; 8
21. Establish and elect an Executive Committee, including 9
a chair and a vice chair; 10
22. Determine whether a State’s adopted language is 11
materially different from the Model Compact language such that 12
the State would not qualify for participation in the Compact; and 13
23. Perform such other functions as may be necessary or 14
appropriate to achieve the purposes of this Compact. 15
D. The Executive Committee 16
1. The Executive Committee shall have the power to act on 17
behalf of the Commission according to the terms of this Compact. 18
The powers, duties, and responsibilities of the Executive 19
Committee shall include: 20
a. Overseeing the day-to-day activities of the 21
administration of the Compact, including enforcement and 22
compliance with the provisions of the Compact, its Rules and 23
bylaws, and other such duties as deemed necessary; 24
b. Recommending to the Commission changes to the 25
Rules or bylaws, changes to this Compact legislation, fees charged 26
to Member States, fees charged to Licensees, and other fees; 27
c. Ensuring Compact administration services are 28
appropriately provided, including by contract; 29
d. Preparing and recommending the budget; 30
e. Maintaining financial records on behalf of the 31
Commission; 32
f. Monitoring Compact compliance of Member States 33
and providing compliance reports to the Commission; 34
g. Establishing additional committees as necessary; 35
h. Exercising the powers and duties of the Commission 36
during the interim between Commission meetings, except for 37
adopting or amending Rules, adopting or amending bylaws, and 38
exercising any other powers and duties expressly reserved to the 39
Commission by Rule or bylaw; and 40
i. Other duties as provided in the Rules or bylaws of the 41
Commission. 42
2. The Executive Committee shall be composed of up to 7 43
members: 44
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a. The chair and vice chair of the Commission shall be 1
voting members of the Executive Committee; and 2
b. The Commission shall elect 5 voting members from 3
the current membership of the Commission. 4
3. The Commission may remove any member of the 5
Executive Committee as provided in the Commission’s bylaws. 6
4. The Executive Committee shall meet at least annually. 7
a. Executive Committee meetings shall be open to the 8
public, except that the Executive Committee may meet in a closed, 9
non-public meeting as provided in subsection F.2 below. 10
b. The Executive Committee shall give 30 days’ notice of 11
its meetings, posted on its website and as determined to provide 12
notice to persons with an interest in the business of the 13
Commission. 14
c. The Executive Committee may hold a special meeting 15
in accordance with subsection F.1.b. below. 16
E. The Commission shall adopt and provide to the Member 17
States an annual report. 18
F. Meetings of the Commission 19
1. All meetings shall be open to the public, except that the 20
Commission may meet in a closed, non-public meeting as provided 21
in subsection F.2 below. 22
a. Public notice for all meetings of the full Commission 23
of meetings shall be given in the same manner as required under 24
the Rulemaking provisions in Section 9, except that the 25
Commission may hold a special meeting as provided in subsection 26
F.1.b below. 27
b. The Commission may hold a special meeting when it 28
must meet to conduct emergency business by giving 48 hours’ 29
notice to all commissioners, on the Commission’s website, and 30
other means as provided in the Commission’s rules. The 31
Commission’s legal counsel shall certify that the Commission’s 32
need to meet qualifies as an emergency. 33
2. The Commission or the Executive Committee or other 34
committees of the Commission may convene in a closed, non-35
public meeting for the Commission or Executive Committee or 36
other committees of the Commission to receive legal advice or to 37
discuss: 38
a. Non-compliance of a Member State with its 39
obligations under the Compact; 40
b. The employment, compensation, discipline or other 41
matters, practices or procedures related to specific employees; 42
c. Current or threatened discipline of a Licensee by the 43
Commission or by a Member State’s Licensing Authority; 44
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d. Current, threatened, or reasonably anticipated 1
litigation; 2
e. Negotiation of contracts for the purchase, lease, or 3
sale of goods, services, or real estate; 4
f. Accusing any person of a crime or formally censuring 5
any person; 6
g. Trade secrets or commercial or financial information 7
that is privileged or confidential; 8
h. Information of a personal nature where disclosure 9
would constitute a clearly unwarranted invasion of personal 10
privacy; 11
i. Investigative records compiled for law enforcement 12
purposes; 13
j. Information related to any investigative reports 14
prepared by or on behalf of or for use of the Commission or other 15
committee charged with responsibility of investigation or 16
determination of compliance issues pursuant to the Compact; 17
k. Matters specifically exempted from disclosure by 18
federal or Member State law; or 19
l. Other matters as promulgated by the Commission by 20
Rule. 21
3. If a meeting, or portion of a meeting, is closed, the 22
presiding officer shall state that the meeting will be closed and 23
reference each relevant exempting provision, and such reference 24
shall be recorded in the minutes. 25
4. The Commission shall keep minutes that fully and 26
clearly describe all matters discussed in a meeting and shall 27
provide a full and accurate summary of actions taken, and the 28
reasons therefore, including a description of the views expressed. 29
All documents considered in connection with an action shall be 30
identified in such minutes. All minutes and documents of a closed 31
meeting shall remain under seal, subject to release only by a 32
majority vote of the Commission or order of a court of competent 33
jurisdiction. 34
G. Financing of the Commission 35
1. The Commission shall pay, or provide for the payment 36
of, the reasonable expenses of its establishment, organization, and 37
ongoing activities. 38
2. The Commission may accept any and all appropriate 39
revenue sources as provided in C(14). 40
3. The Commission may levy on and collect an annual 41
assessment from each Member State and impose fees on Licensees 42
practicing in the Member States under an Equivalent License to 43
cover the cost of the operations and activities of the Commission 44
and its staff, which must be in a total amount sufficient to cover its 45
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annual budget as approved each year for which revenue is not 1
provided by other sources. The aggregate annual assessment 2
amount for Member States shall be allocated based upon a 3
formula that the Commission shall promulgate by Rule. 4
4. The Commission shall not incur obligations of any kind 5
prior to securing the funds adequate to meet the same and shall 6
not pledge the credit of any of the Member States, except by and 7
with the authority of the Member State. 8
5. The Commission shall keep accurate accounts of all 9
receipts and disbursements. The receipts and disbursements of the 10
Commission shall be subject to the financial review and 11
accounting procedures established under its bylaws. However, all 12
receipts and disbursements of funds handled by the Commission 13
shall be subject to an annual financial review by a certified or 14
licensed public accountant, and the report of the financial review 15
shall be included in and become part of the annual report of the 16
Commission. 17
H. Qualified Immunity, Defense, and Indemnification 18
1. The members, officers, executive director, employees and 19
representatives of the Commission shall be immune from suit and 20
liability, both personally and in their official capacity, for any 21
claim for damage to or loss of property or personal injury or other 22
civil liability caused by or arising out of any actual or alleged act, 23
error, or omission that occurred, or that the person against whom 24
the claim is made had a reasonable basis for believing occurred 25
within the scope of Commission employment, duties or 26
responsibilities, provided that nothing in this paragraph shall be 27
construed to protect any such person from suit or liability for any 28
damage, loss, injury, or liability caused by the intentional or 29
willful or wanton misconduct of that person. The procurement of 30
insurance of any type by the Commission shall not in any way 31
compromise or limit the immunity granted hereunder. 32
2. The Commission shall defend any member, officer, 33
executive director, employee, and representative of the 34
Commission in any civil action seeking to impose liability arising 35
out of any actual or alleged act, error, or omission that occurred 36
within the scope of Commission employment, duties, or 37
responsibilities, or as determined by the Commission that the 38
person against whom the claim is made had a reasonable basis for 39
believing occurred within the scope of Commission employment, 40
duties, or responsibilities, provided that nothing herein shall be 41
construed to prohibit that person from retaining their own counsel 42
at their own expense and that the actual or alleged act, error, or 43
omission did not result from that person’s intentional or willful or 44
wanton misconduct. 45
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3. The Commission shall indemnify and hold harmless any 1
member, officer, executive director, employee, and representative 2
of the Commission for the amount of any settlement or judgment 3
obtained against that person arising out of any actual or alleged 4
act, error, or omission that occurred within the scope of 5
Commission employment, duties, or responsibilities, or that such 6
person had a reasonable basis for believing occurred within the 7
scope of Commission employment, duties, or responsibilities, 8
provided that the actual or alleged act, error, or omission did not 9
result from the intentional or willful or wanton misconduct of that 10
person. 11
4. Nothing herein shall be construed as a limitation on the 12
liability of any licensee for professional malpractice or 13
misconduct, which shall be governed solely by any other 14
applicable state laws. 15
5. Nothing in this Compact shall be interpreted to waive or 16
otherwise abrogate a Member State’s state action immunity or 17
state action affirmative defense with respect to antitrust claims 18
under the Sherman Act, Clayton Act, or any other state or federal 19
antitrust or anticompetitive law or regulation. 20
6. Nothing in this Compact shall be construed to be a 21
waiver of sovereign immunity by the Member States or by the 22
Commission. 23
24
SECTION 8. FACILITATING INFORMATION EXCHANGE 25
26
A. The Commission shall provide for facilitating the 27
exchange of information to administer and implement the 28
provisions of this Compact in accordance with the Rules of 29
the Commission, consistent with generally accepted data 30
protection principles. 31
B. Notwithstanding any other provision of State law to the 32
contrary, a Member State shall agree to provide for the facilitation 33
of the following Licensee information as required by the Rules of 34
the Commission, including: 35
1. Identifying information; 36
2. Licensure data; 37
3. Adverse Actions against a License and information 38
related thereto; 39
4. Non-confidential information related to Alternative 40
Program participation, the beginning and ending dates of such 41
participation, and other information related to such participation 42
not made confidential under Member State law; 43
5. Any denial of application for licensure, and the reason(s) 44
for such denial; 45
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6. The presence of investigative information; and 1
7. Other information that may facilitate the administration 2
of this Compact or the protection of the public, as determined by 3
the Rules of the Commission. 4
C. Nothing in this Compact shall be deemed or construed to 5
alter, limit, or inhibit the power of a Member State to control and 6
maintain ownership of its Licensee information or alter, limit, or 7
inhibit the laws or regulations governing Licensee information in 8
the Member State. 9
10
SECTION 9. RULEMAKING 11
12
A. The Commission shall exercise its Rulemaking powers 13
pursuant to the criteria set forth in this interstate Compact and the 14
Rules adopted thereunder. Rules and amendments shall become 15
binding as of the date specified in each Rule or amendment. 16
B. The Commission shall promulgate reasonable Rules to 17
achieve the intent and purpose of this interstate Compact. In the 18
event the Commission exercises its Rulemaking authority in a 19
manner that is beyond the purpose and intent of this interstate 20
Compact, or the powers granted hereunder, then such an action by 21
the Commission shall be invalid and have no force and effect of 22
law in the Member States. 23
C. If a majority of the legislatures of the Member States 24
rejects a Rule, by enactment of a statute or resolution in the same 25
manner used to adopt the Compact within four (4) years of the 26
date of adoption of the Rule, then such Rule shall have no further 27
force and effect in any Member State. 28
D. Rules or amendments to the Rules shall be adopted or 29
ratified at a regular or special meeting of the Commission in 30
accordance with Commission Rules and Bylaws. 31
E. Prior to promulgation and adoption of a final Rule or 32
Rules by the Commission, and at least thirty (30) days in advance 33
of the meeting at which the Rule will be considered and voted 34
upon, the Commission shall file a notice of proposed rulemaking: 35
1. On the website of the Commission or other publicly 36
accessible platform; and 37
2. On the website of each Member State Licensing 38
Authority or other publicly accessible platform or the publication 39
in which each State would otherwise publish proposed Rules. 40
F. Upon determination that an emergency exists, the 41
Commission may consider and adopt an emergency Rule with 48 42
hours’ notice, with opportunity to comment, provided that the 43
usual Rulemaking procedures shall be retroactively applied to the 44
Rule as soon as reasonably possible, in no event later than ninety 45
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(90) days after the effective date of the Rule. For the purposes of 1
this provision, an emergency Rule is one that must be adopted 2
immediately in order to: 3
1. Meet an imminent threat to public health, safety, or 4
welfare; 5
2. Prevent a loss of Commission or Member State funds; 6
3. Meet a deadline for the promulgation of an 7
administrative Rule that is established by federal law or Rule; or 8
4. Protect public health and safety. 9
10
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, 11
AND ENFORCEMENT 12
13
A. Oversight 14
1. The executive and judicial branches of the State 15
government in each Member State shall enforce this Compact and 16
take all actions necessary and appropriate to implement the 17
Compact. 18
2. Venue is proper and judicial proceedings by or against 19
the Commission shall be brought solely and exclusively in a court 20
of competent jurisdiction where the principal office of the 21
Commission is located. The Commission may waive venue and 22
jurisdictional defenses to the extent it adopts or consents to 23
participate in alternative dispute resolution proceedings. Nothing 24
herein shall affect or limit the selection or propriety of venue in 25
any action against a licensee for professional malpractice, 26
misconduct or any such similar matter. 27
3. The Commission shall be entitled to receive service of 28
process in any proceeding regarding the enforcement or 29
interpretation of the Compact and shall have standing to intervene 30
in such a proceeding for all purposes. Failure to provide the 31
Commission service of process shall render a judgment or order 32
void as to the Commission, this Compact, or promulgated Rules. 33
B. Default, Technical Assistance, and Termination 34
1. If the Commission determines that a Member State has 35
defaulted in the performance of its obligations or responsibilities 36
under this Compact or the promulgated Rules, the Commission 37
shall provide written notice to the defaulting State. The notice of 38
default shall describe the default, the proposed means of curing 39
the default, and any other action that the Commission may take, 40
and shall offer training and specific technical assistance 41
regarding the default. 42
2. The Commission shall provide a copy of the notice of 43
default to the other Member States. 44
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C. If a State in default fails to cure the default, the defaulting 1
State may be terminated from the Compact upon an affirmative 2
vote of a supermajority of the delegates of the Member States, and 3
all rights, privileges and benefits conferred on that state by this 4
Compact may be terminated on the effective date of termination. A 5
cure of the default does not relieve the offending State of 6
obligations or liabilities incurred during the period of default. 7
D. Termination of membership in the Compact shall be 8
imposed only after all other means of securing compliance have 9
been exhausted. Notice of intent to suspend or terminate shall be 10
given by the Commission to the governor, the majority and 11
minority leaders of the defaulting State’s legislature, the 12
defaulting State’s Licensing Authority and each of the Member 13
States’ Licensing Authorities. 14
E. A State that has been terminated is responsible for all 15
assessments, obligations, and liabilities incurred through the 16
effective date of termination, including obligations that extend 17
beyond the effective date of termination. 18
F. Upon the termination of a State’s membership from this 19
Compact, that State shall immediately provide notice to all 20
Licensees within that State of such termination. The terminated 21
State shall continue to recognize all Licenses granted pursuant to 22
this Compact for a minimum of six (6) months after the date of 23
said notice of termination. 24
G. The Commission shall not bear any costs related to a State 25
that is found to be in default or that has been terminated from the 26
Compact, unless agreed upon in writing between the Commission 27
and the defaulting State. 28
H. The defaulting State may appeal the action of the 29
Commission by petitioning the U.S. District Court for the District 30
of Columbia or the federal district where the Commission has its 31
principal offices. The prevailing party shall be awarded all costs of 32
such litigation, including reasonable attorney’s fees. 33
I. Dispute Resolution 34
1. Upon request by a Member State, the Commission shall 35
attempt to resolve disputes related to the Compact that arise 36
among Member States and between Member and non-Member 37
States. 38
2. The Commission shall promulgate a Rule providing for 39
both mediation and binding dispute resolution for disputes as 40
appropriate. 41
J. Enforcement 42
1. By majority vote as provided by Rule, the Commission 43
may initiate legal action against a Member State in default in the 44
United States District Court for the District of Columbia or the 45
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federal district where the Commission has its principal offices to 1
enforce compliance with the provisions of the Compact and its 2
promulgated Rules. The relief sought may include both injunctive 3
relief and damages. In the event judicial enforcement is necessary, 4
the prevailing party shall be awarded all costs of such litigation, 5
including reasonable attorney’s fees. The remedies herein shall 6
not be the exclusive remedies of the Commission. The Commission 7
may pursue any other remedies available under federal law or the 8
defaulting Member State’s law. 9
2. A Member State may initiate legal action against the 10
Commission in the U.S. District Court for the District of Columbia 11
or the federal district where the Commission has its principal 12
offices to enforce compliance with the provisions of the Compact 13
and its promulgated Rules. The relief sought may include both 14
injunctive relief and damages. In the event judicial enforcement is 15
necessary, the prevailing party shall be awarded all costs of such 16
litigation, including reasonable attorney’s fees. 17
3. No person other than a Member State shall enforce this 18
Compact against the Commission. 19
20
SECTION 11. EFFECTIVE DATE, WITHDRAWAL, 21
AND AMENDMENT 22
23
A. The Compact shall come into effect on the date on which 24
the Compact statute is enacted into law in the seventh Member 25
State. 26
1. On or after the effective date of the Compact indicated 27
above, the Commission shall convene and review the enactment of 28
each of the Charter Member States to determine if the statute 29
enacted by each such Charter Member State is materially different 30
than the Model Compact statute. 31
a. A Charter Member State whose enactment is found to 32
be materially different from the Model Compact statute shall be 33
entitled to the default process set forth in Section 10. 34
b. If any Member State is later found to be in default, or 35
is terminated or withdraws from the Compact, the Commission 36
shall remain in existence and the Compact shall remain in effect 37
even if the number of Member States should be less than seven. 38
2. Member States enacting the Compact subsequent to the 39
Charter Member States shall be subject to the process set forth in 40
Section 7(C)(22) to determine if their enactments are materially 41
different from the Model Compact statute and whether they 42
qualify for participation in the Compact. 43
3. All actions taken for the benefit of the Commission or in 44
furtherance of the purposes of the administration of the Compact 45
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prior to the effective date of the Compact or the Commission 1
coming into existence shall be considered to be actions of the 2
Commission unless specifically repudiated by the Commission. 3
a. Any State that joins the Compact subsequent to the 4
Commission’s initial adoption of the Rules and bylaws shall be 5
subject to the Rules and bylaws as they exist on the date on which 6
the Compact becomes law in that State. Any Rule that has been 7
previously adopted by the Commission shall have the full force 8
and effect of law on the day the Compact becomes law in that 9
State. 10
b. Any Member State may withdraw from this Compact 11
by enacting a statute repealing the same. 12
B. A Member State’s withdrawal shall not take effect until 13
180 days after enactment of the repealing statute. 14
C. Withdrawal shall not affect the continuing requirement of 15
the withdrawing State’s Licensing Authority to comply with the 16
investigative and Adverse Action reporting requirements of this 17
Compact prior to the effective date of withdrawal. 18
D. Upon the enactment of a statute withdrawing from this 19
Compact, a State shall immediately provide notice of such 20
withdrawal to all Licensees within that State. Notwithstanding any 21
subsequent statutory enactment to the contrary, such withdrawing 22
State shall continue to recognize all licenses granted pursuant to 23
this Compact for a minimum of six (6) months after the date of 24
such notice of withdrawal. 25
1. Nothing contained in this Compact shall be construed to 26
invalidate or prevent any licensure agreement or other cooperative 27
arrangement between a Member State and a non-Member State 28
that does not conflict with the provisions of this Compact. 29
2. This Compact may be amended by the Member States. 30
No amendment to this Compact shall become effective and 31
binding upon any Member State until it is enacted into the laws of 32
all Member States. 33
34
SECTION 12. CONSTRUCTION AND SEVERABILITY 35
36
A. This Compact and the Commission’s rulemaking authority 37
shall be liberally construed so as to effectuate the purposes, and 38
the implementation and administration of the Compact. Provisions 39
of the Compact expressly authorizing or requiring the 40
promulgation of Rules shall not be construed to limit the 41
Commission’s rulemaking authority solely for those purposes. 42
B. The provisions of this Compact shall be severable and if 43
any phrase, clause, sentence or provision of this Compact is held 44
by a court of competent jurisdiction to be contrary to the 45
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constitution of any Member State, a State seeking participation in 1
the Compact, or of the United States, or the applicability thereof to 2
any government, agency, person or circumstance is held to be 3
unconstitutional by a court of competent jurisdiction, the validity 4
of the remainder of this Compact and the applicability thereof to 5
any other government, agency, person or circumstance shall not 6
be affected thereby. 7
C. Notwithstanding subsection B of this Section, the 8
Commission may deny a State’s participation in the Compact or, 9
in accordance with the requirements of Section 10.B, terminate a 10
Member State’s participation in the Compact, if it determines that 11
a constitutional requirement of a Member State is a material 12
departure from the Compact. Otherwise, if this Compact shall be 13
held to be contrary to the constitution of any Member State, the 14
Compact shall remain in full force and effect as to the remaining 15
Member States and in full force and effect as to the Member State 16
affected as to all severable matters. 17
18
SECTION 13. CONSISTENT EFFECT AND 19
CONFLICT WITH OTHER STATE LAWS 20
21
A. Nothing herein shall prevent or inhibit the enforcement of 22
any other law of a Member State that is not inconsistent with the 23
Compact. 24
B. Any laws, statutes, regulations, or other legal requirements 25
in a Member State in conflict with the Compact are superseded to 26
the extent of the conflict. 27
C. All permissible agreements between the Commission and 28
the Member States are binding in accordance with their terms. 29
Sec. 3. NRS 391.019 is hereby amended to read as follows: 30
391.019 1. Except as otherwise provided in NRS 391.027, 31
the Commission shall adopt regulations: 32
(a) Prescribing the qualifications for licensing teachers and other 33
educational personnel and the procedures for the issuance and 34
renewal of those licenses. The regulations: 35
(1) Must include, without limitation, the qualifications for 36
licensing teachers and administrators pursuant to an alternative route 37
to licensure which provides that the required education and training 38
may be provided by any qualified provider which has been approved 39
by the Commission, including, without limitation, institutions of 40
higher education and other providers that operate independently of 41
an institution of higher education. The regulations adopted pursuant 42
to this subparagraph must: 43
(I) Establish the requirements for approval as a qualified 44
provider; 45
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(II) Require a qualified provider to be selective in its 1
acceptance of students; 2
(III) Require a qualified provider to provide in-person or 3
virtual supervised, school-based experiences and ongoing support 4
for its students, such as mentoring and coaching; 5
(IV) Significantly limit the amount of course work 6
required or provide for the waiver of required course work for 7
students who achieve certain scores on tests; 8
(V) Allow for the completion in 2 years or less of the 9
education and training required under the alternative route to 10
licensure; 11
(VI) Provide that a person who has completed the 12
education and training required under the alternative route to 13
licensure and who has satisfied all other requirements for licensure 14
may apply for a regular license pursuant to sub-subparagraph (VII) 15
regardless of whether the person has received an offer of 16
employment from a school district, charter school or private school; 17
and 18
(VII) Upon the completion by a person of the education 19
and training required under the alternative route to licensure and the 20
satisfaction of all other requirements for licensure, provide for the 21
issuance of a regular license to the person pursuant to the provisions 22
of this chapter and the regulations adopted pursuant to this chapter. 23
(2) Must require an applicant for a license to teach middle 24
school or junior high school education or secondary education to 25
demonstrate proficiency in a field of specialization or area of 26
concentration by successfully completing course work prescribed by 27
the Department or completing a subject matter competency 28
examination prescribed by the Department with a score deemed 29
satisfactory. 30
(3) Must not prescribe qualifications which are more 31
stringent than the qualifications set forth in NRS 391.0315 for a 32
licensed teacher who applies for an additional license in accordance 33
with that section. 34
(b) Identifying fields of specialization in teaching which require 35
the specialized training of teachers. 36
(c) Except as otherwise provided in NRS 391.125, requiring 37
teachers to obtain from the Department an endorsement in a field of 38
specialization to be eligible to teach in that field of specialization. 39
(d) Setting forth the educational requirements a teacher must 40
satisfy to qualify for an endorsement in each field of specialization. 41
(e) Setting forth the qualifications and requirements for 42
obtaining a license or endorsement to teach American Sign 43
Language, including, without limitation, being registered with the 44
Aging and Disability Services Division of the Department of Health 45
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and Human Services pursuant to NRS 656A.100 to engage in the 1
practice of sign language interpreting in a primary or secondary 2
educational setting. 3
(f) Requiring teachers and other educational personnel to be 4
registered with the Aging and Disability Services Division pursuant 5
to NRS 656A.100 to engage in the practice of sign language 6
interpreting in a primary or secondary educational setting if they: 7
(1) Provide instruction or other educational services; and 8
(2) Concurrently engage in the practice of sign language 9
interpreting, as defined in NRS 656A.060. 10
(g) Prescribing course work on parental involvement and family 11
engagement. The Commission shall: 12
(1) Work in cooperation with the Office of Parental 13
Involvement and Family Engagement created by NRS 385.630 in 14
developing the regulations required by this paragraph. 15
(2) Establish standards for professional development training 16
which may be used to satisfy any course work requirement 17
prescribed pursuant to this paragraph. 18
(h) Establishing the requirements for obtaining an endorsement 19
on the license of a teacher, administrator or other educational 20
personnel in cultural competency. 21
(i) Authorizing the Superintendent of Public Instruction to issue 22
a license by endorsement to an applicant who holds an equivalent 23
license or authorization issued by a governmental entity in another 24
country if the Superintendent determines that the qualifications for 25
the equivalent license or authorization are substantially similar to 26
those prescribed pursuant to paragraph (a). 27
(j) Establishing the requirements for obtaining an endorsement 28
on the license of a teacher, administrator or other educational 29
personnel in teaching courses relating to financial literacy. 30
(k) Authorizing a person who is employed as a paraprofessional 31
and enrolled in a program to become a teacher to complete an 32
accelerated program of student teaching in the same or a 33
substantially similar area in which the person is employed as a 34
paraprofessional while remaining employed as a paraprofessional. 35
(l) Requiring the Department to accept a program of student 36
teaching or other teaching experience completed in another state or 37
foreign country by an applicant for a license if the Department 38
determines that the program or experience substantially fulfills the 39
standards of a program of student teaching in this State. 40
(m) Authorizing a person who is employed by a public school to 41
provide support or other services relating to school psychology, if 42
the person does not hold a license or endorsement as a school 43
psychologist but is enrolled in a program that would allow the 44
person to obtain such a license or endorsement, to complete a 45
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program of internship in school psychology while remaining 1
employed in such a position. 2
(n) To carry out the provisions of NRS 391B.010. 3
(o) To carry out the provisions of section 2 of this act. 4
2. Except as otherwise provided in NRS 391.027, the 5
Commission may adopt such other regulations as it deems necessary 6
for its own government or to carry out its duties. 7
3. Any regulation which increases the amount of education, 8
training or experience required for licensing: 9
(a) Must, in addition to the requirements for publication in 10
chapter 233B of NRS, be publicized before its adoption in a manner 11
reasonably calculated to inform those persons affected by the 12
change. 13
(b) Must not become effective until at least 1 year after the date 14
it is adopted by the Commission. 15
(c) Is not applicable to a license in effect on the date the 16
regulation becomes effective. 17
Sec. 4. NRS 391.021 is hereby amended to read as follows: 18
391.021 1. Except as otherwise provided in NRS 391.027, 19
the Commission shall adopt regulations governing examinations for 20
the initial licensing of teachers and other educational personnel. The 21
regulations adopted by the Commission must ensure that the 22
examinations test the ability of the applicant to teach and the 23
applicant’s knowledge of each specific subject he or she proposes to 24
teach. 25
2. When adopting regulations pursuant to subsection 1, the 26
Commission shall consider including any alternative means of 27
demonstrating competency for persons with a disability or health-28
related need that the Commission determines are necessary and 29
appropriate. 30
3. The regulations adopted by the Commission pursuant to 31
subsection 1 must authorize an applicant to be exempt from any 32
requirement to pass a competency test in basic reading, writing and 33
mathematics if the applicant submits to the Department evidence 34
that, after not passing a competency test in basic reading, writing 35
and mathematics at the level of competence specified by the 36
Commission, the applicant began and completed, with a grade of B 37
or better, a course of study approved by the Department in each 38
subject area of the competency test that the applicant did not pass at 39
the level of competence specified by the Commission. 40
4. Teachers and educational personnel from another state who 41
obtain a reciprocal license pursuant to NRS 391.032 or 391B.010 or 42
section 2 of this act are not required to take the examinations for the 43
initial licensing of teachers and other educational personnel 44
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described in this section or any other examination for initial 1
licensing required by the regulations adopted by the Commission. 2
Sec. 5. NRS 391.032 is hereby amended to read as follows: 3
391.032 1. Except as otherwise provided in NRS 391.027, 4
the Commission shall: 5
(a) Adopt regulations which provide for the issuance of 6
provisional licenses to teachers and other educational personnel 7
before completion of all courses of study or other requirements for a 8
license in this State. 9
(b) Adopt regulations which provide for the reciprocal licensure 10
of educational personnel from other states including, without 11
limitation, for the reciprocal licensure of persons who hold a license 12
to teach special education. Such regulations must include, without 13
limitation, provisions: 14
(1) For the reciprocal licensure of persons who obtained a 15
license pursuant to an alternative route to licensure which the 16
Department determines is as rigorous or more rigorous than the 17
alternative route to licensure prescribed pursuant to subparagraph 18
(1) of paragraph (a) of subsection 1 of NRS 391.019. 19
(2) Which provide for the licensure of persons pursuant to 20
the Interstate Teacher Mobility Compact enacted in NRS 391B.010. 21
(3) Which provide for the licensure of persons pursuant to 22
the School Psychologist Interstate Licensure Compact enacted in 23
section 2 of this act. 24
2. A person who is a member of the Armed Forces of the 25
United States, a veteran of the Armed Forces of the United States or 26
the spouse of such a member or veteran of the Armed Forces of the 27
United States and who has completed the equivalent of an 28
alternative route to licensure program in another state may obtain a 29
license as if such person has completed the alternative route to 30
licensure program of this State. 31
3. The Commission shall adopt regulations requiring the 32
Superintendent of Public Instruction to issue a provisional license to 33
teach if: 34
(a) The Superintendent determines that the applicant is 35
otherwise qualified for the license; and 36
(b) The applicant: 37
(1) Graduated with a bachelor’s degree or higher but is 38
awaiting conferment of the degree; or 39
(2) Satisfies the requirements for conditional licensure 40
through an alternative route to licensure. 41
4. A person who is issued a provisional license must complete 42
all courses of study and other requirements for a license in this State 43
which is not provisional within 3 years after the date on which a 44
provisional license is issued. 45
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Sec. 6. NRS 391.0349 is hereby amended to read as follows: 1
391.0349 1. [Each] Except as otherwise provided in section 2
2 of this act, each school counselor and school psychologist shall 3
complete continuing education as determined by the Commission. 4
2. The Commission shall adopt regulations establishing 5
continuing education requirements for school counselors and school 6
psychologists. The regulations must include, without limitation, the 7
amount of continuing education a school counselor or school 8
psychologist must complete pursuant to subsection 1. 9
3. Each school social worker shall complete continuing 10
education as determined by the Board of Examiners for Social 11
Workers. 12
4. The Board of Examiners for Social Workers shall adopt 13
regulations establishing continuing education requirements for 14
school social workers. The regulations must include, without 15
limitation, the amount of continuing education a school social 16
worker must complete pursuant to subsection 3. 17
Sec. 7. NRS 391.035 is hereby amended to read as follows: 18
391.035 1. Except as otherwise provided in NRS 239.0115 19
and 391.033, and section 2 of this act, an application to the 20
Superintendent of Public Instruction for a license as a teacher or to 21
perform other educational functions and all documents in the 22
Department’s file relating to the application, including: 23
(a) The applicant’s health records; 24
(b) The applicant’s fingerprints and any report from the Federal 25
Bureau of Investigation or the Central Repository for Nevada 26
Records of Criminal History or information from the Statewide 27
Central Registry or any equivalent registry maintained by a 28
governmental agency in another jurisdiction; 29
(c) Transcripts of the applicant’s records at colleges or other 30
educational institutions; 31
(d) The applicant’s scores on the examinations administered 32
pursuant to the regulations adopted by the Commission; 33
(e) Any correspondence concerning the application; and 34
(f) Any other personal information, 35
are confidential. 36
2. It is unlawful to disclose or release the information in an 37
application or any related document except pursuant to paragraph 38
(d) of subsection 8 of NRS 179A.075 or the applicant’s written 39
authorization. 40
3. The Department shall, upon request, make available the 41
applicant’s file for inspection by the applicant during regular 42
business hours. 43
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4. The Department may annually require any employee of the 1
Department who has access to information contained within an 2
application or any related document to submit to the Department: 3
(a) A complete set of his or her fingerprints and written 4
permission authorizing the Department to forward the fingerprints to 5
the Central Repository for Nevada Records of Criminal History for 6
its report on the criminal history of the employee and for submission 7
to the Federal Bureau of Investigation for its report on the criminal 8
history of the employee; and 9
(b) Written authorization for the Department to obtain any 10
information concerning the applicant that may be available from the 11
Statewide Central Registry and any equivalent registry maintained 12
by a governmental entity in a jurisdiction in which the applicant has 13
resided within the immediately preceding 5 years. 14
5. If the information obtained by the Department pursuant to 15
subsection 4 indicates that the employee has been convicted of a 16
felony or any offense involving moral turpitude, the Department 17
may take such action, as determined by the Department, to deny that 18
employee access to information contained within an application or 19
any related document. 20
Sec. 8. NRS 391.037 is hereby amended to read as follows: 21
391.037 1. The Commission shall: 22
(a) Prescribe by regulation the standards for approval of a course 23
of study or training offered by an educational institution to qualify a 24
person to be a teacher or administrator or to perform other 25
educational functions. The regulations prescribed pursuant to this 26
paragraph must include, without limitation, training on how to 27
identify a pupil who is at risk for dyslexia or related disorders. 28
(b) Maintain descriptions of the approved courses of study 29
required to qualify for endorsements in fields of specialization and 30
provide to an applicant, upon request, the approved course of study 31
for a particular endorsement. 32
2. Except for an applicant who submits an application for the 33
issuance of a license pursuant to subparagraph (1) of paragraph (a) 34
of subsection 1 of NRS 391.019 or 391B.010, or section 2 of this 35
act, an applicant for a license as a teacher or administrator or to 36
perform some other educational function must submit with his or 37
her application, in the form prescribed by the Superintendent of 38
Public Instruction, proof that the applicant has satisfactorily 39
completed a course of study and training approved by the 40
Commission pursuant to subsection 1. 41
Sec. 9. NRS 239.010 is hereby amended to read as follows: 42
239.010 1. Except as otherwise provided in this section and 43
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 44
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 45
– 29 –
- *SB227*
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 1
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 2
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 3
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 4
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 5
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 6
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 7
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 8
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 9
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 10
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 11
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 12
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 13
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 14
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 15
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 16
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 17
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 18
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 19
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 20
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 21
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 22
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 23
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 24
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 25
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 26
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 27
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 28
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 29
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 30
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 31
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 32
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 33
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 34
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 35
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 36
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 37
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 38
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 39
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 40
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 41
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 42
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 43
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 44
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 45
– 30 –
- *SB227*
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 1
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 2
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 3
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 4
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 5
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 6
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 7
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 8
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 9
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 10
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 11
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 12
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 13
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 14
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 15
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 16
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 17
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 18
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 19
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 20
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 21
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 22
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 23
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 24
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 25
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 26
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 27
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 28
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 29
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 30
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 31
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 32
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 33
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 34
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 35
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 36
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 37
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 38
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 39
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 40
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 41
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 42
711.600, and section 2 of this act, sections 35, 38 and 41 of chapter 43
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 44
of Nevada 2013 and unless otherwise declared by law to be 45
– 31 –
- *SB227*
confidential, all public books and public records of a governmental 1
entity must be open at all times during office hours to inspection by 2
any person, and may be fully copied or an abstract or memorandum 3
may be prepared from those public books and public records. Any 4
such copies, abstracts or memoranda may be used to supply the 5
general public with copies, abstracts or memoranda of the records or 6
may be used in any other way to the advantage of the governmental 7
entity or of the general public. This section does not supersede or in 8
any manner affect the federal laws governing copyrights or enlarge, 9
diminish or affect in any other manner the rights of a person in any 10
written book or record which is copyrighted pursuant to federal law. 11
2. A governmental entity may not reject a book or record 12
which is copyrighted solely because it is copyrighted. 13
3. A governmental entity that has legal custody or control of a 14
public book or record shall not deny a request made pursuant to 15
subsection 1 to inspect or copy or receive a copy of a public book or 16
record on the basis that the requested public book or record contains 17
information that is confidential if the governmental entity can 18
redact, delete, conceal or separate, including, without limitation, 19
electronically, the confidential information from the information 20
included in the public book or record that is not otherwise 21
confidential. 22
4. If requested, a governmental entity shall provide a copy of a 23
public record in an electronic format by means of an electronic 24
medium. Nothing in this subsection requires a governmental entity 25
to provide a copy of a public record in an electronic format or by 26
means of an electronic medium if: 27
(a) The public record: 28
(1) Was not created or prepared in an electronic format; and 29
(2) Is not available in an electronic format; or 30
(b) Providing the public record in an electronic format or by 31
means of an electronic medium would: 32
(1) Give access to proprietary software; or 33
(2) Require the production of information that is confidential 34
and that cannot be redacted, deleted, concealed or separated from 35
information that is not otherwise confidential. 36
5. An officer, employee or agent of a governmental entity who 37
has legal custody or control of a public record: 38
(a) Shall not refuse to provide a copy of that public record in the 39
medium that is requested because the officer, employee or agent has 40
already prepared or would prefer to provide the copy in a different 41
medium. 42
(b) Except as otherwise provided in NRS 239.030, shall, upon 43
request, prepare the copy of the public record and shall not require 44
– 32 –
- *SB227*
the person who has requested the copy to prepare the copy himself 1
or herself. 2
Sec. 10. This act becomes effective on July 1, 2025. 3
H