SB 27 — Revises various provisions relating to education. (BDR 34-326)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:FOLLOWS:D IN Section 1.

Section 1.

- *SB27_R1* – 4 – (a) Execute, direct or supervise all administrative, technical and procedural activities of the Department in accordance with policies prescribed by the State Board.

- *SB27_R2* – 4 – [6.] (f) Request a plan of corrective action from the board of trustees of a school district or the governing body of a charter school if the Superintendent of Public Instruction determines that the school district or charter school, or any other entity which provides education to a pupil with a disability for a school district or charter school, has not complied with a requirement of this title or any other statute or regulation governing K-12 public education.

(Deleted by amendment.) - *SB27_R1* – 5 – Sec.

(DeletedChapter 387 of NRS is hereby amended by amendment.)adding Sec.thereto a new section to read as follows:

1.

The Account for Teacher Incentives is hereby created in the State General Fund, to be administered by the Superintendent of Public Instruction.

The Superintendent of Public Instruction may accept gifts and grants of money from any source for deposit in the Account.

Any money from gifts and grants may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 2.

The interest and income earned on the sum of:

(a) The money in the Account;

and (b) Unexpended appropriations made to the Account from the State General Fund,  must be credited to the Account.

Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

2.

The money in the Account may only be used for the purposes specified in subsection 3 or for any other purpose, as authorized by the Legislature.

3.

The money in the Account may be distributed by the Superintendent of Public Instruction to the school districts in this State to provide incentive payments to:

(a) Teachers who are newly hired to teach in a school which is not a Title I school, as defined in NRS 385A.040, or a school designated as underperforming pursuant to the statewide system of accountability for public schools;

(b) Teachers who are currently employed to teach at a public school in Nevada that is not a Title I school or a school designated as underperforming pursuant to the statewide system of accountability for public schools and who transfer to teach at a Title I school or a school with that designation;

and (c) Teachers who were employed to teach at a public school in Nevada that was a Title I school or a school designated as underperforming pursuant to the statewide system of accountability for public schools during the immediately preceding school year and who remain employed at a Title I school or school with that designation during the succeeding school year.

4.

A teacher who receives an incentive payment specified in paragraph (b) or (c) of subsection 3 during a school year remains eligible to receive such an incentive payment during subsequent school years.

- *SB27_R1* – 6 – 5.

The board of trustees of each school district and the governing body of each charter school shall establish a special revenue fund and direct that the money it receives pursuant to this section be deposited in that fund.

Money in the special revenue fund must not be commingled with money from other sources and may be used solely to pay incentive payments to teachers pursuant to this section and any regulations adopted pursuant thereto.

6.

The State Board shall adopt any regulations necessary to carry out the provisions of this section.

Sec.

(DeletedNRS by387.1255 amendment.)is Sec.hereby amended to read as follows:

387.1255 1.

On or before September 1 of each year, the Department shall determine the amount of money that is available in the Teachers’ School Supplies Assistance Account created by NRS 387.1253 for distribution among all of the school districts and charter schools in this State for that fiscal year.

Any such distribution must be provided to each school district and charter school based on the number of teachers employed by the school district or charter school, as applicable.

To the extent that money is available, the Department shall establish the amount of disbursement or reimbursement for each teacher which must not exceed $250 per fiscal year.

2.

The board of trustees of each school district and the governing body of each charter school shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund.

Money in the special revenue fund must not be commingled with money from other sources.

The board of trustees or the governing body, as applicable, shall disburse money in the special revenue fund to teachers in accordance with NRS 387.1257.

3.

The money in the special revenue fund must be used only to:

(a) Pay for a purchase of necessary school supplies for the pupils instructed by a teacher using a purchasing card or debit card issued for this purpose to the teacher by a school;

(b) Pay the balance owed on a credit card issued to a teacher by a school to pay for a purchase of necessary school supplies for the pupils the teacher instructs;

(c) Deposit money directly into the account of a teacher maintained at a financial institution to pay for a purchase of necessary school supplies for the pupils the teacher instructs;

(d) Provide a check written to a teacher to pay for a purchase of necessary school supplies for the pupils the teacher instructs;

or - *SB27_R1* – 7 – (e) Reimburse teachers for out-of-pocket expenses incurred in connection with purchasing necessary school supplies for the pupils they instruct.

4.

If there is money remaining in the special revenue fund because one or more teachers at the school did not use the amount established for his or her disbursement or reimbursement pursuant to subsection 1, the board of trustees of a school district or the governing body of a charter school, as applicable, shall allow a teacher who has used the entire amount of his or her disbursement or reimbursement pursuant to subsection 1 to request an additional disbursement or reimbursement from the special revenue fund.

The combined total amount of a disbursement or reimbursement and an additional disbursement or reimbursement for each teacher must not exceed $250 per fiscal year.

5.

The board of trustees or governing body of a charter school, as applicable, shall not use money in the special revenue fund to pay any administrative costs.

6.

Any money remaining in the special revenue fund at the end of a fiscal year reverts to the Teachers’ School Supplies Assistance Account.

(DeletedThe byDepartment amendment.)may Sec.require each school district or charter school that receives money pursuant to subsection 1 to account for all such money annually.

7.5.Sec.

NRS7. 388G.630 is hereby amended to read as follows:

1.NRS 387.1257 is hereby amended to read as follows:

A387.1257 school1. associate superintendent shall, with respect to each local school precinct to which he or she is assigned to oversee:

(a)The Provideboard trainingof totrustees andof superviseeach school district and the principalgoverning body of each charter school that receives money pursuant to subsection 1 of NRS 387.1255 shall determine the localmanner in which to distribute the money to teachers in the school precinct;district or charter school, as applicable, including, without limitation, whether to authorize a school to allow teachers to use a credit card, purchasing card or debit card connected to the special revenue fund issued to the teacher by the school to directly purchase school supplies, require a teacher to submit a request for a claim for reimbursement for out-of-pocket expenses from the special revenue fund established pursuant to NRS 387.1255 or authorize any other manner of providing money to a teacher described in subsection 3 of NRS 387.1255 to pay for school supplies for the pupils the teacher instructs.

- *SB27_R2* – 5 – (b) Review and approve the plan of operation for the local school precinct and assist the principal of the local school precinct in making any necessary revisions to the plan;

(c) Ensure that each local school precinct to which he or she is assigned to oversee remains in compliance with all applicable federal, state and local laws;

(d) Provide a report in person, not less than quarterly, to the governing body of each city [and county] within which a local school precinct to which he or she is assigned to oversee is located and, if created pursuant to NRS 388G.760, to the Community Education Advisory Board;

and (e) Carry out any other duties assigned by the superintendent at his or her discretion or after approval by the superintendent of a request made by the local school precinct.

TheTo schoolthe associateextent superintendentthat mustmoney beis heldavailable accountablein forthe allspecial aspectsrevenue offund, the performanceboard of eachtrustees localor schoolgoverning precinctbody, toas whichapplicable, hemay reimburse a teacher, or shethe isteacher assignedmay use, up to oversee.the maximum amount determined by the Department for each teacher pursuant to NRS 387.1255 for the fiscal year.

As3. used in this subsection, “performance” means the overall operation of each such local school precinct as measured by:

(a)If Thethe satisfactionboard of thetrustees parentsof anda legalschool guardiansdistrict or the governing body of pupilsa andcharter theschool, teachers,as administratorsapplicable, andrequires othera staffteacher ofto submit - *SB27_R1* – 8 – a claim for reimbursement for out-of-pocket expenses to receive money from the localspecial schoolrevenue precinctfund, asthe determinedteacher bymust submit such a claim no later than 2 weeks after the surveyslast administeredday pursuantof tothe NRSschool 388G.800;year.

and4. (b) The progress made by the local school precinct to satisfy the goals and objectives set forth in the statewide system of accountability for public schools.

The board of trustees of a school district may enter into an agreement with the recognized employee organization representing licensed educational personnel within the school district for the purpose of obtaining assistance of the employee organization in administering the reimbursement of teachers pursuant to this section.

5.

A teacher who receives money pursuant to subsection 1 to directly purchase school supplies shall repay to the special revenue fund established pursuant to NRS 387.1255 by not later than the last day of the fiscal year in which the money was received:

(a) Any amount that was not used;

(b) Any amount that was used to purchase something other than school supplies;

and (c) Any amount that exceeds the maximum amount authorized pursuant to NRS 387.1255 in any fiscal year.

6.

A teacher who uses or receives money or submits a claim for reimbursement for out-of-pocket expenses pursuant to subsection 1 may purchase any supplies for the pupils the teacher instructs that the teacher deems appropriate which satisfy the requirements of NRS 387.1251 to 387.1257, inclusive.

A principal or other school administrator shall not prohibit a teacher from purchasing any supplies which satisfy the requirements of NRS 387.1251 to 387.1257, inclusive, or require a teacher to purchase any such supplies.

7.

The board of trustees of each school district and the governing body of each charter school shall adopt a policy that establishes the manner in which to account for reimbursements or disbursements of money [.] , as applicable, through each form of payment authorized for use by the board of trustees or the governing body, as applicable.

The policy may include, without limitation, a requirement to submit receipts for any purchase of supplies with money received pursuant to subsection 1.

- *SB27_R1* – 9 – (b) One who holds a license to teach middle school or junior high school education and teaches in a middle school or junior high school.

- *SB27_R2* – 6 – (a) One school counselor, psychologist, speech-language pathologist, audiologist, or social worker who is licensed pursuant to this chapter and employed by a school district or charter school.

(b) Paragraph (b) of subsection 3 must be made from a list of names of at least three persons that is submitted to the Governor by - *SB27_R1* – 10 – the organization of administrators for schools in which the majority of administrators of schools in this State have membership.

(Deleted by amendment.) - *SB27_R2* – 7 – Sec.

12.5.

NRS 391.033 is hereby amended to read as follows:

391.033 1.

All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

2.

An application for the issuance of a license must include the social security number of the applicant.

3.

Every applicant for a license must submit with his or her application:

(a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant;

and (b) Written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.

4.

In conducting an investigation into the background of an applicant for a license, the Superintendent may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant.

5.

The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

6.

Except as otherwise provided in subsection 8, a license must be issued to, or renewed for, as applicable, an applicant if:

(a) The Superintendent determines that the applicant is qualified;

(b) The information obtained by the Superintendent pursuant to subsections 3 and 4:

(1) Does not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude or indicates that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable;

- *SB27_R2* – 8 – (2) Does not indicate that there has been a substantiated report of abuse or neglect of a child, as defined in NRS 432B.020, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against the applicant in any state;

and (3) Does not indicate that the applicant has a warrant for his or her arrest;

and (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

7.

If, pursuant to subparagraph (2) of paragraph (b) of subsection 6, the information indicates that a substantiated report has been made against the applicant in any state, the Superintendent shall:

(a) Suspend the application process;

(b) Notify the applicant of the substantiated report;

and (c) Provide the applicant an opportunity to rebut the substantiated report.

8.

The Superintendent may deny an application for a license pursuant to this section if:

(a) A report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense;

and (b) The Superintendent provides to the applicant:

(1) Written notice of his or her intent to deny the application;

and (2) An opportunity for the applicant to have a hearing.

9.

To request a hearing pursuant to subsection 8, an applicant must submit a written request to the Superintendent within 15 days after receipt of the notice by the applicant.

Such a hearing must be conducted in accordance with regulations adopted by the State Board.

If no request for a hearing is filed within that time, the Superintendent may deny the license.

10.

If the Superintendent denies an application for a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school.

Such a notice must not state the reasons for denial.

11.

[The Department shall:

(a) Maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor;

- *SB27_R2* – 9 – (b) Update the list maintained pursuant to paragraph (a) monthly;

and (c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.

12.

The Superintendent shall forward all information obtained from an investigation of an applicant pursuant to subsections 3 and 4 to the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school where the applicant is employed or seeking employment.

Except as otherwise provided in this section, any information shared with the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school is confidential and must not be disclosed to any person other than the applicant.

The board of trustees, governing body or administrator, as applicable, may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination;

and (b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

13.] The Superintendent [, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school] may not be held liable for damages resulting from any action of the Superintendent [, board of trustees, governing body or administrator, as applicable,] authorized by subsection 4 .

[or 12.

14.] 12.

The Superintendent may enter into reciprocal agreements with appropriate officials of other countries concerning the licensing of teachers.

[15.] 13.

As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

Sec.

(b) The employee must not be suspended from employment for the lapsed license for a period of 90 days after the date of the notice - *SB27_R2* – 10 – pursuant to paragraph (a) or the end of the school year, whichever is longer;

and - *SB27_R1* – 11 – (b) Delegate authority to the Department to suspend or revoke the license of any teacher for any cause specified by the State Board by regulation pursuant to subsection 2.

If the board of trustees of a school district, the governing body of a charter school or the Superintendent of Public Instruction or the Superintendent’s designee submits a - *SB27_R2* – 11 – recommendation to the State Board for the suspension or revocation of a license issued pursuant to this chapter, the State Board shall send written notice of the recommendation to the person to whom the license has been issued at the address on file with the Department.

A licensee to whom notice has been given pursuant to this section may request a hearing before a hearing officer selected - *SB27_R1* – 12 – pursuant to subsection 4.

If the Department receives notice of a conviction of a licensee and the conviction is for an act which is a ground for the suspension or revocation of a license [,] and the State Board has not delegated authority pursuant to NRS 391.320 to the - *SB27_R2* – 12 – Department to suspend or revoke a license for such a cause, the State Board shall immediately process the recommendation in accordance with the provisions of NRS 391.320 to 391.361, inclusive.

- *SB27_R1* – 13 – (c) If requested by the hearing officer selected pursuant to NRS 391.322, an official transcript must be made.

A hearing officer selected pursuant to NRS 391.322 shall, upon the request of a party, issue subpoenas to compel the attendance of witnesses and the production of books, records, - *SB27_R2* – 13 – documents or other pertinent information to be used as evidence in hearings conducted pursuant to NRS 391.323.

- *SB27_R1* – 14 – (b) Review all applications submitted pursuant to subsection 1 and award a grant of money from the Account to [an approved] a university, college or other provider of an alternative licensure program offering a program described in subsection 1 to the extent that money is available in an amount determined by the State Board.

- *SB27_R2* – 14 – 4.

391A.590 [1.] If a scholarship recipient does not complete the program for which the scholarship was awarded for any reason, including, without limitation, withdrawing from the university, college or other provider of an alternative licensure program or pursuing another course of study, the university, college or other - *SB27_R1* – 15 – provider of an alternative licensure program that awarded the scholarship must pay to the State Board for credit to the Account [:

[the policy:] - *SB27_R2* – 15 – (a) [For] The policy for parental involvement required by the federal Every Student Succeeds Act of 2015, as set forth in 20 U.S.C.

- *SB27_R1* – 16 – (b) The responsibilities of a pupil in a public school, including, without limitation:

- *SB27_R2* – 16 – (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

- *SB27_R1* – 17 – (i) The dress code of the school, if any;

Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed - *SB27_R2* – 17 – by the Department is used for the educational involvement accord of each public school in the school district.

The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

expanded form complies with the 6.] school-family compact.

(DeletedNRS by396.5185 amendment.)is Sec.hereby amended to read as follows:

396.5185 1.

A college or university within the System is eligible to apply to the State Board for a grant of money to establish the Nevada Institute on Teaching and Educator Preparation.

2.

The Nevada Institute on Teaching and Educator Preparation shall:

(a) Establish a highly selective program for the education and training of teachers that:

- *SB27_R1* – 18 – (1) Recruits promising students pursuing teaching degrees from inside and outside this State, with priority given to students from inside this State;

(2) Upon completion of the program, makes a student eligible to obtain a license to teach pupils in a program of early childhood education, kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State;

(3) Is thorough and rigorous and provides a student with increasing professional autonomy and responsibility;

(4) Allows a student to obtain experience in schools that serve high populations of pupils with disabilities or who are at risk or have other significant needs;

(5) Provides, in a manner that is aligned to the demographics of pupils in this State, the skills and knowledge necessary to teach the diverse population of pupils in this State;

(6) Identifies opportunities for placement of students who complete the program in public schools throughout this State;

and (7) Provides instruction concerning the most contemporary and effective pedagogies, curricula, technology and behavior management techniques for teaching;

(b) Identify a target number of students to be selected for participation in the program each year, which must be not less than 25 students;

(c) Establish requirements for each person who has completed the program to serve as a mentor to future students selected for the program and collaborate with the program to build a community among students participating in the program and persons who have completed the program;

(d) Conduct innovative and extensive research concerning approaches and methods used to educate and train teachers and to teach pupils, including, without limitation, pupils with disabilities or pupils who are at risk or have other significant needs;

and (e) Continually evaluate, develop and disseminate approaches to teaching that address the variety of settings in which pupils in this State are educated.

3.

The Nevada Institute on Teaching and Educator Preparation may:

(a) Apply for and accept any gift, donation, bequest, grant or other source of money, or property or service provided in kind, for carrying out the duties of the Nevada Institute on Teaching and Educator Preparation;

and (b) Support a student who is participating in the program by allocating money to the student or reimbursing the student for the costs of obtaining a teaching degree or a license to teach pupils.

- *SB27_R1* – 19 – 4.

An application to establish the Nevada Institute on Teaching and Educator Preparation pursuant to subsection 1 must demonstrate the ability of the applicant to:

(a) Meet the requirements of subsection 2;

(b) Provide additional money for the establishment and operation of the Institute that matches the grant of money awarded by the State Board;

and (c) Sustain and expand the Institute over time.

5.

Any money appropriated to the Nevada Institute on Teaching and Educator Preparation to carry out the duties of the Institute must be accounted for separately in the State General Fun(a) Does not revert to the State General Fund at the end of any fiscal year;

and (b) Must be carried forward to the next fiscal year.

6.

As used in this section, “pupil ‘at risk’ ” has the meaning ascribed to it in NRS 388A.045.

Sec.

(DeletedSection by80 amendment.)of Sec.chapter 624, Statutes of Nevada 2019, at page 4253, is hereby amended to read as follows:

Sec.

80.

NRS 387.122, 387.1245, 387.1247, [387.1251, 387.1253, 387.1255, 387.1257,] 387.129, 387.131, 387.133, 387.137, 387.139, 387.163, 387.193, 387.197, 387.2065, 387.2067 and 387.207 are hereby repealed.

Sec.

This section and section 1821 of this act become effective on SeptemberJuly 1, 2021.

SectionsSection 118 to 17, inclusive, and 19 to 22, inclusive, of this act becomebecomes effective on FebruarySeptember 1, 2022.2021.

3.

Sections 1 to 17, inclusive, 19, 20 and 22 of this act become effective on February 1, 2022.

(b) Work in consultation with the Legislative Bureau of Educational Accountability and Program Evaluation, the Nevada Association of School Boards, the Nevada Association of School - *SB27_R1* – 20 – Administrators, the Nevada State Education Association and the Nevada Parent Teacher Association in the development of the form;

and (c) Make the form available in electronic format for use by school districts and charter schools and, upon request, in any other mann2.manner deemed reasonable by the Department.

2.

-a *SB27_R2*timely –manner;pil 18completes –his (1)or her homework assignments in (2) The pupil completesis hispresent orin herthe homeworkclassroom assignmentswhen school begins each day and is present for the entire school day unless the pupil’s absence is approved in aaccordance timelywith manner;NRS 392.130;

(2) The pupil is present in the classroom when school begins each day and is present for the entire school day unless the pupil’s absence is approved in accordance with NRS 392.130;

and (c) A list of the resources and services available within the issuescommunity identifiedto onassist theparents checklist.aland legal guardians in addressing any 3.issues identified on the checklist.

In addition to the requirements of subsection 2, the Department may prescribe additional information for inclusion on the form, including, without limitation:

and (b)(4) AAttends reportschool ofactivities. whether the parent or legal guardian ensures the health and safety of the pupil, including, without limitation, whether:

(b) A report of whether the parent or legal guardian ensures the whether:nd safety of the pupil, including, without limitation, (1) Current information is on file with the school that designates each person whom the school should contact if an emergency involving the pupil occurs;

- *SB27_R1* – 21 – 4.

A teacher at an elementary school may provide the form prescribed by the Department, including the additional information prescribedsuch pursuantinformation on the form, to subsectiona 3parent ifor thelegal Departmentguardian hasof prescribedaibed pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

(a) Interferes unreasonably with the personal privacy of the parentpar(b) orReprimands legalthe guardianparent or thelegal pupil;guardian;

(b)or Reprimands(c) Affects the parentgrade or legalreport guardian;of progress given to a pupil based upon the information contained in the report.

orH - *SB27_R2**SB27_R1* – 19 – (c) Affects the grade or report of progress given to a pupil based upon the information contained in the report.

H - *SB27_R2*