SB174 - Revises provisions relating to pupils with disabilities. (BDR 34-53)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B. 174 - *SB174_R1* SENATE BILL NO. 174–SENATORS OHRENSCHALL, KRASNER, ROGICH; AND DONDERO LOOP PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to pupils with disabilities. (BDR 34-53) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 1.3) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; requiring the board of trustees of each school district and the governing body of each charter school to develop a policy governing the provision of certain services to pupils with disabilities; prohibiting an employee of a school district or charter school from interfering with the ability of certain pupils with disabilities to carry a cane or walking stick; requiring the State Board of Education to prescribe certain standards for programs of instruction or special services for pupils with visual impairments; requiring the individualized education program for a pupil with a hearing impairment or a visual impairment to include certain provisions; authorizing certain persons or governmental entities to request the Superintendent of Public Instruction to determine whether such policies comply with certain laws and regulations; revising the definition of the term “volunteer” as it relates to persons required to undergo certain criminal background checks; and providing other matters properly relating thereto. Legislative Counsel’s Digest: The federal Individuals with Disabilities Education Act governs how states and 1 public agencies provide early intervention, special education and related services to 2 pupils with disabilities. (20 U.S.C. §§ 1400 et seq.) Existing law requires public 3 – 2 – - *SB174_R1* schools to provide programs and services for pupils with disabilities. (NRS 4 388.419, 388.429) Section 1.3 of this bill requires the board of trustees of each 5 school district and the governing body of each charter school to develop a policy 6 governing the manner in which pupils with disabilities who have individualized 7 education programs, or plans developed pursuant to section 504 of the 8 Rehabilitation Act of 1973, 29 U.S.C. § 794, receive medically necessary treatment 9 or services from private instructional personnel in a school setting. Section 1.3 10 additionally requires such a policy to: (1) require each school to provide notice to 11 the parent or legal guardian of such a pupil of certain rights; (2) set forth protocols 12 for private educational personnel to observe such pupils, collaborate with 13 educational personnel and provide medically necessary treatment and other 14 services; and (3) comply with the Individuals with Disabilities Education Act. 15 Furthermore, section 1.3: (1) prohibits a school district or charter school from 16 charging certain fees relating to the provision of certain services; (2) sets forth the 17 only requirements a school district or charter school is authorized to place on 18 private instructional personnel; (3) requires the policy developed by each school 19 district and charter school to be made available on its Internet website and to a 20 parent or legal guardian who requests a copy; and (4) requires each school district 21 and charter school to compile a report containing certain information and submit 22 such a report to the Department of Education, which must submit the reports to 23 certain legislative bodies. Finally, section 1.3 authorizes the board of trustees of a 24 school district or the governing body of a charter school to require the parent or 25 legal guardian of certain pupils with disabilities to sign a written acknowledgment 26 concerning any private instructional personnel and the provision of medically 27 necessary treatment. 28 Existing law requires the State Board of Education to prescribe minimum 29 standards for the special education of pupils with visual impairments, including, 30 without limitation, blindness. (NRS 388.419) Section 2.5 of this bill requires such 31 minimum standards to include: (1) standards for the provision of instruction in 32 Braille and the use of Braille; and (2) guidelines for providing for and integrating 33 assistive technology and assistive technology services into instruction. 34 Existing law additionally requires an individualized education program team 35 for a pupil with a hearing impairment or a pupil with a hearing or visual impairment 36 who is less than 6 years of age to take certain factors into consideration and include 37 certain provisions when developing an individualized education program for the 38 pupil. (NRS 388.437) Existing law also provides that a pupil is not required to take 39 advantage of the special provisions for the education of pupils with disabilities. 40 (NRS 388.431) Section 4.5 of this bill requires the individualized education 41 program team, when developing an individualized education program for a pupil 42 with a visual impairment, including, without limitation, blindness, or a hearing 43 impairment, including, without limitation, deafness, to: (1) if the parent or legal 44 guardian of the pupil requests that the pupil receive instruction in Braille and the 45 use of Braille, provide for such instruction; (2) provide that the pupil receive any 46 assistive technology and assistive technology services necessary to provide the 47 pupil with a free appropriate public education; and (3) prohibit an employee of a 48 school district or charter school from interfering with the ability of the pupil to 49 carry a cane or walking stick or use a mobility device while on school property. 50 Section 1.7 of this bill also provides that the ability of any pupil with such a 51 disability, including, without limitation, a pupil who elects not to take advantage of 52 the special provisions for the education of pupils with disabilities, may not have his 53 or her right to carry a cane or walking stick interfered with while on school 54 property. 55 The federal Individuals with Disabilities Education Act: (1) requires, to the 56 maximum extent that is appropriate, children with disabilities to be educated with 57 children without disabilities in the least restrictive environment; and (2) prohibits 58 – 3 – - *SB174_R1* the removal of children with disabilities from a regular educational environment 59 unless the nature or severity of the child’s disability prevents the satisfactory 60 education of the child, even with the provision of supplementary aids and services. 61 (20 U.S.C. § 1412(a)(5)) Section 4.5 provides that, when developing an 62 individualized education program for a pupil with a hearing impairment or a visual 63 impairment, the individualized education program team is required to adhere to 64 such provisions of federal law and include the basis for the placement of the pupil 65 in the individualized education program. 66 Existing law requires the Department to ensure compliance with the Individuals 67 with Disabilities Education Act, federal regulations adopted pursuant to the Act and 68 Nevada statutes and regulations governing the education of pupils with disabilities. 69 (20 U.S.C. §§ 1400 et seq.; 34 C.F.R. Part 300; NRS 388.417-388.5243) Existing 70 law further authorizes a person or governmental entity to request the 71 Superintendent of Public Instruction to determine whether a provider of special 72 education is in compliance with such laws. (NRS 388.4352) Sections 3 and 4 of 73 this bill make conforming changes to require the provisions of sections 1.3 and 1.7 74 be enforced in the same manner as other requirements governing pupils with 75 disabilities. 76 Existing law requires each volunteer at a public school, including a charter 77 school, who is likely to have unsupervised contact with pupils to submit his or her 78 fingerprints to the governing body of a charter school or the board of trustees of the 79 school district, as applicable, for the purposes of a criminal background check 80 before beginning his or her service as a volunteer and at least once every 5 years 81 thereafter. (NRS 388A.515, 391.104) Under existing law, a volunteer who meets 82 certain requirements is not required to undergo such an investigation. (NRS 83 388A.516, 391.105) Existing law defines the term “volunteer” to mean any person 84 who, without compensation, works at, assists with or oversees any activity or event 85 conducted or sponsored by the school during or outside of school hours. (NRS 86 388A.510, 391.1035) Sections 5 and 6 of this bill provide that the term “volunteer” 87 also includes private instructional personnel who provide services to a pupil with a 88 disability who has an individualized education program or a plan developed 89 pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, thereby 90 requiring such a volunteer to undergo an investigation into his or her background 91 unless he or she obtains certain exemptions. 92 Section 2 of this bill makes a conforming change to apply the definitions in 93 existing law to sections 1.3 and 1.7. 94 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 388 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 1.3 and 1.7 of this act. 2 Sec. 1.3. 1. The board of trustees of each school district 3 and the governing body of each charter school shall develop a 4 policy prescribing the manner in which a pupil with a disability 5 who has an individualized education program or a plan developed 6 in accordance with section 504 of the Rehabilitation Act of 1973, 7 29 U.S.C. § 794, must, subject to the consent of his or her parent 8 or legal guardian, receive medically necessary treatment, as 9 authorized by an insurer, third-party payor or person paying for 10 – 4 – - *SB174_R1* the treatment, or the services of private instructional personnel in 1 a school setting. 2 2. A policy developed pursuant to this section must: 3 (a) Require each school within the district or the charter 4 school, as applicable, to provide notice to the parent or legal 5 guardian of an enrolled pupil with a disability of the right of the 6 pupil to: 7 (1) Request access to medically necessary treatment, as 8 authorized by an insurer, third-party payor or person paying for 9 the treatment, in a school setting pursuant to section 504 of the 10 Rehabilitation Act of 1973, 29 U.S.C. § 794, and Title II of the 11 Americans With Disabilities Act of 1990, 42 U.S.C. §§ 12131 et 12 seq.; and 13 (2) Appeal the decision of a school district or charter school 14 concerning his or her access to the medically necessary treatment 15 or services of private instructional personnel in the school setting 16 pursuant to NRS 388.463; 17 (b) Set forth the protocols for private instructional personnel 18 to: 19 (1) Observe, in a classroom setting, the pupil who receives 20 his or her services; and 21 (2) After obtaining written authorization from the parent or 22 legal guardian of the pupil to whom such treatment is provided, 23 collaborate with educational personnel employed by the school 24 district or charter school, as applicable, in the provision of services 25 to the pupil, including, without limitation, collaboration 26 concerning: 27 (I) The provision of medically necessary treatment; 28 (II) The planning of services provided to the pupil; and 29 (III) Interdisciplinary communication; 30 (c) Comply with the Individuals with Disabilities Education 31 Act, 20 U.S.C. §§ 1400 et seq.; and 32 (d) Not require the school district or charter school to pay for 33 any treatment or services addressed by the policy. 34 3. The board of trustees of a school district or the governing 35 body of a charter school shall: 36 (a) Not charge a fee to a pupil or a parent or legal guardian of 37 the pupil relating to the provision of services by private 38 instructional personnel in a school setting rendered under a policy 39 developed pursuant to subsection 2. 40 (b) Only impose requirements for private instructional 41 personnel that include requiring private instructional personnel 42 to: 43 – 5 – - *SB174_R1* (1) Carry a policy of professional liability insurance at a 1 level of coverage required by the board of trustees of the school 2 district or the governing body of the charter school, as applicable; 3 (2) Except as otherwise provided in NRS 388A.516 or 4 391.105, as applicable, undergo an investigation into his or her 5 background conducted pursuant to NRS 388A.515 or 391.104, as 6 applicable; 7 (3) Adhere to any relevant state and federal privacy laws, 8 including, without limitation, the Family Educational Rights and 9 Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations 10 adopted pursuant thereto, and the Health Insurance Portability 11 and Accountability Act of 1996, Public Law 104-191, as amended, 12 and applicable regulations; and 13 (4) Adhere to any relevant requirements, statutes, 14 regulations, rules and policies of the school district or charter 15 school, as applicable. 16 4. The board of trustees of each school district and the 17 governing body of each charter school shall make available, on 18 the Internet website of the school district or charter school, as 19 applicable, and to a parent or legal guardian of a pupil who 20 requests a copy, the policy developed pursuant to this section. 21 5. If a pupil receives medically necessary treatment from 22 private instructional personnel in a school setting pursuant to this 23 section and the treatment is related to a need identified in an 24 individualized education program or a plan developed in 25 accordance with section 504 of the Rehabilitation Act of 1973, 29 26 U.S.C. § 794, for the pupil, the board of trustees of the school 27 district or governing body of the charter school, as applicable, may 28 require the parent or legal guardian of the pupil to sign a written 29 acknowledgment that: 30 (a) The school district or charter school, as applicable, is 31 relieved of its obligation to provide services for the same purpose 32 as the services provided by the private instructional personnel in a 33 school setti [Text truncated for display. Full text available on LegiScan.]