SB 442 — Enacts the Interstate Teacher Mobility Compact. (BDR 34-83)

For an active military member or eligible military spouse who holds a license that is not an unencumbered license, the receiving state shall grant one or more equivalent licenses that, in the sole discretion of the receiving state, are equivalent to the license or licenses held by the teacher in any other member state, except where the receiving state does not have an equivalentequivalentstate, license.

- *SB442*82nd Session (2023) – 6 – 3.

(a) The power of a member state to control and maintain ownership of its information pertaining to teachers;

ororain (b) The application of a member state’s laws or regulations governing the ownership, use or dissemination of information pertaining to teachers.

ARTICLE V—Teacher Qualifications and Requirements for Licensure under the Compact 1.or eligible military spouse pursuant to subsection 4 of Article III, a teacher may only be eligible to receive a license under this Compact if the teacher holds an unencumbered license in a member state.

Except as otherwise provided for an active military member or eligible military spouse pursuant to subsection 4 of Article III, a teacher may only be eligible to receive a license under this Compact if the teacher holds an unencumbered license in a member state.

- *SB442*82nd Session (2023) – 7 – ARTICLE VI—Discipline and Adverse Actions 3 1.

Membership, Voting and Meetings (a) Each member state shall have and be limited to one delegate to the Commission who shall be given the title of “Commissioner.” (b) The commissioner shall be the primary administrative officeroff(c) ofAny thecommissioner statemay licensingbe authorityremoved or hissuspended orfromesignee. her designee.

(c) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed.

A commissioner shall vote in person or by such other- means82nd asSession provided(2023) – 8 – for commissioners to participate in themeetings bylaws.by telephone or other means of communication.

The bylaws may provide - *SB442* – 8 – for commissioners to participate in meetings by telephone or other means of communication.

(f) Promulgate uniform rules to implement and administer this Compact.

The rules shall have the force and effect of law andandhis shall be binding in all member states.

(j) Hire employees and elect or appoint officers, grant such employees and officers appropriate authority to carry out thethech purposes of the Compact, fix compensation, define duties and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters.

- 82nd Session (2023) – 9 – (l) Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

- *SB442* – 9 – (n) Borrow money.

(o) Appoint committees, including standing committees composed of members of the Commission and such other committees interested persons as may be designated in this Compact or the rules or bylaws.

(b) The Executive Committee shall be composed of eight votingvoting(1) members,The aschair follows:of the Commission;

(1) The chair of the Commission;

- 82nd Session (2023) – 10 – (e) The Executive Committee shall have the following duties and responsibilities:

(II)(III) ChangesFees topaid Compactby legislation;member states, such as annual dues;

- *SB442* – 10 – (III) Fees paid by member states, such as annual dues;

(1)under Non-compliancethe Compact.liance of a member state with its obligations under(2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Compact.Commission’s internal personnel practices and procedures.

(2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures.

- 82nd Session (2023) – 11 – (II) Information of a personal nature where such disclosure would constitute a clearly unwarranted invasion of personal privacy.

(III) Investigative records compiled for law enforcement purposes.purposes.(IV) Information related to any investigative reports prepared by, on behalf of or for the use of the Commission or other committee charged with the responsibility of the investigation or determination of compliance issues pursuant to the Compact.

(IV) Information related to any investigative reports prepared by, on behalf of or for the use of the Commission or other committee charged with the responsibility of the - *SB442* – 11 – investigation or determination of compliance issues pursuant to the Compact.

All minutes and documents of a closed meeting or portion of a meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.jurisdiction.of the 7.

7.

(d)- The82nd CommissionSession shall(2023) not– incur12 obligations– of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states except by and with the authority of the member state.

- *SB442* – 12 – 8.

Qualified Immunity, Defense and Indemnification (a) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.

(b) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further that the actual or alleged act, error or omission did not result from that person’s intentional, willful or wanton misconduct.

(c) The Commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope- of82nd CommissionSession employment,(2023) duties– or13 responsibilities,– provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.

If the Commission - *SB442* – 13 – exercises its rulemaking authority in a manner that is beyond the purpose and intent of this Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the member states.

3.the rule, by enactment of a statute or resolution in the sames rejects manner used to adopt this Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force or effect in any member state.

If a majority of the legislatures of the member states rejects the rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force or effect in any member state.

(a)welfare;eet Meet an imminent threat to public health, safety or welfare;(b) Prevent a loss of funds of the Commission or funds of a member state;

(b) Prevent a loss of funds of the Commission or funds of a member state;

- 82nd Session (2023) – 14 – ARTICLE IX—Facilitating Information Exchange 1.

Oversight - *SB442* – 14 – (a) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the purposes and intent of the Compact.

The provisions of this Compact shall have standing of as statutory law.

(c) All courts and administrative agencies shall take judicial notice of the Compact, the rules and any information provided to a member state pursuant thereto in any judicial or quasi-judicial proceeding in a member state pertaining to the subject matter of thisactions Compactof orthe whichCommission.affect may affect the powers, responsibilities or actions(d) The Commission shall be entitled to receive service of process in any proceeding regarding the Commission.enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes.

(d) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes.

Default, Technical Assistance and Termination - 82nd Session (2023) – 15 – (a) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide:

(1) Written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission;

Termination of membership in the Compact shall be imposed only after all other means of securing compliance have - *SB442* – 15 – been exhausted.

A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the beyond the effective date of termination,termination.obligations including obligations that extend beyond6. the effective date of termination.

6.

(b)- The82nd CommissionSession shall(2023) promulgate– a16 rule– providing for both binding and nonbinding alternative dispute resolution for disputes, as appropriate.

- *SB442* – 16 – ARTICLE XI—Effectuation, Withdrawal and Amendment 3 1.

Each member state enacting the Compact after the charter member states shall be subject to the process set forth in paragraph (t) of subsection 4 of Article VII to determine if the enactment by that state is materially different from the model Compact statute and whether that state qualifies for participation in the Compact.Compact.nd 2.

2.

Any rule that has been previously adopted- by82nd theSession Commission(2023) shall– have17 the– full force and effect of law on the day the Compact becomes law in that state, as the rules and bylaws may be amended as provided in this Compact.

The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this - *SB442* – 17 – Compact is declared to be contrary to the constitution of any member state or state seeking membership in the Compact or the Constitution of the United States or the applicability thereof to any other government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

ARTICLEARTIConflict XIII—Consistent Effect and Conflict with Other State Laws 1.

3.- 82nd Session (2023) – 18 – the member states are binding in accordance with the terms of those agreements.

All permissible agreements between the Commission and the member states are binding in accordance with the terms of those agreements.

(I) Establish the requirements for approval as a qualified provider;

(I) Establish the requirements for approval as a qualified (II) Require a qualified provider to be selective in its acceptance of students;

- *SB442* – 18 – (IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer ofofaph (VII) employment from a school district, charter school or private school;

(2)- Must82nd requireSession an(2023) applicant– for19 a– license to teach middle school or junior high school education or secondary education totoe demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.

(d) Setting forth the educational requirements a teacher must satisfysat(e) toSetting qualifyforth forthe anqualifications endorsementand inrequirements eachforalization. field of specialization.

(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.

(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant - *SB442* – 19 – to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:

(g) Prescribing course work on parental involvement and family engagement.Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

The Commission shall work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

(i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another - 82nd Session (2023) – 20 – country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).

(j) Establishing the requirements for obtaining an endorsement onpersonnel thein licenseteaching ofcourses relating to financial literacy.al (k) Authorizing a teacher,person administratorwho oris otheremployed educationalas personnela paraprofessional and enrolled in teachinga coursesprogram relatingto become a teacher to financialcomplete literacy.an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

(k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

3.training or experience required for licensing:unt of education, (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

Any regulation which increases the amount of education, training or experience required for licensing:

- *SB442* – 20 – (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the - 82nd Session (2023) – 21 – applicant’s knowledge of each specific subject he or she proposes to teach.

When adopting regulations pursuant to subsection 1, the Commission shall consider including any alternative means of demonstrating competency for persons with a disability or health- related need that the Commission determines are necessary andandlth- appropriate.

(1) For the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

- *SB442* – 21 – (2) Which provide for the licensure of persons pursuant to the Interstate Teacher Mobility Compact enacted in section 1 of this act.

A person who is issued a provisional license must complete all courses of study and other requirements for a license in this State - 82nd Session (2023) – 22 – which is not provisional within 3 years after the date on which a provisional license is issued.

(b) Maintain descriptions of the approved courses of study required to qualify for endorsements in fields of specialization and provide to an applicant, upon request, the approved course of studystudyd for a particular endorsement.

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