The federal Individuals with Disabilities Education Act requires each state educational agency, other state agency or local educational agency to conduct an initial evaluation of a child before determining whether the child requires special education services. (20 U.S.C. § 1414(a)) The Act additionally requires each state educational agency, other state agency or local educational agency to, at the beginning of each school year, have an individualized education program in effect for each child with a disability. (20 U.S.C. § 1414(d)(2)(A)) Furthermore, the Act provides that, if a child with a disability who has an individualized education program transfers to a new school district during the academic year, the local educational agency to which he or she transfers is required to provide services comparable to those in the individualized education program from the previous school district, in consultation with the parent or legal guardian of the child, until: (1) if the new school district is in the same state, the local educational agency adopts the individualized education program from the previous school district or develops, adopts and implements a new individualized education program; or (2) if the new school district is in a different state, the local educational agency conducts an evaluation of the pupil, if determined to be necessary, and develops a new individualized education program, if appropriate. (20 U.S.C. § 1414(d)(2)(C)(i)) Existing law in this State requires an examination of a child to be conducted before any child is placed in a special program for pupils with disabilities, except that a child who transfers schools due to the military transfer of a parent or legal guardian must initially be provided the services the child received under the individualized education program from the previous school. (NRS 388.433) Section 1 of this bill adopts provisions similar to the provisions of the Act with respect to the transfer of a child to a new school. If a child with a disability transfers from a school inside or outside this State, section 1 requires the child to initially be provided, in consultation with the child's parent or guardian, services that are comparable to the services the child received at his or her previous school under his or her current individualized education program. If the child transferred from a school inside this State, section 1 requires the child to receive these services until the current individualized education program is adopted or another individual education plan is developed, adopted and implemented. If the child transferred from a school outside this State, section 1 requires the child to receive such services until an examination is conducted, if determined to be necessary, and a new individualized education program is developed, if appropriate. Existing law provides that any school district in this State which has more than 100,000 pupils enrolled in its public schools (currently only the Clark County School District) is deemed to be a large school district. (NRS 388G.530) Under existing law, the principal of a local school precinct within a large school district is required to select staff in accordance with the applicable collective bargaining agreements. (NRS 388G.610) Section 1.3 of this bill requires a collective bargaining agreement entered into by a large school district with education support staff to contain terms for compensation that are similar to those included in such an agreement with teachers and administrators. Section 1.7 of this bill makes a conforming change to indicate that the provisions of section 1.3 apply to large school districts. Existing law creates the Commission on Professional Standards in Education and requires the Commission to adopt regulations that: (1) with certain exceptions, require teachers to obtain from the Department of Education an endorsement in a field of specialization to be eligible to teach in that field; and (2) set forth the educational requirements a teacher must satisfy to qualify for an endorsement in a field of specialization. (NRS 391.011, 391.019) Existing law authorizes a person who holds a license to teach middle school, junior high school or secondary school to teach only in his or her major or minor field of preparation, unless the Commission provides an exception. (NRS 391.031) Existing law and regulations provide that a person who is licensed to teach elementary school is authorized to teach all subjects in elementary grades and, thus, existing law and regulations do not specifically limit a person who is licensed to teach elementary school to teach only in his or her major or minor field of preparation. (NRS 391.031; NAC 391.090) Section 2 of this bill requires the Commission to adopt regulations establishing the requirements for a teacher, administrator or other educational personnel to obtain an endorsement to teach music or art, which must include a requirement to pass a competency test in the subject matter of music or art, as applicable. Section 2 also requires the Commission to adopt regulations that require a teacher to obtain an endorsement from the Department of Education to teach music or art to be eligible to teach music or art, as applicable, at an elementary school, middle school, junior high school or secondary school, except for a teacher at an elementary school in which fewer than 500 pupils are enrolled. This requirement is subject to the existing, generally applicable exemption from the requirement for a teacher to hold an endorsement in a field of specialization to teach in that subject area if a shortage of teachers exists in that subject area and the board of trustees of a school district obtains authorization from the Superintendent of Public Instruction to temporarily employ licensed teachers who do not hold such an endorsement. (NRS 391.125)

Statutes affected:
As Introduced: 388.433, 391.019
Reprint 1: 388.433, 388G.570, 391.019
BDR: 388.433, 391.019