Existing law requires public schools to provide programs and services for pupils with disabilities. (NRS 388.419, 388.429) Section 1 of this bill requires the board of trustees of each school district and the governing body of each charter school to develop a policy governing the manner in which pupils with autism spectrum disorders who have individualized education programs receive medically necessary treatment or services from private instructional personnel in a school setting. Section 1 additionally requires such a policy to: (1) require each school to provide notice to the parent or legal guardian of such a pupil of certain rights; (2) set forth protocols for private educational personnel to observe such pupils, collaborate with educational personnel and provide medically necessary treatment and other services; and (3) comply with the Individuals with Disabilities Education Act. Furthermore, section 1: (1) prohibits a school district or charter school from charging certain fees relating to the provision of certain services; (2) sets forth the only requirements a school district or charter school is authorized to place on private instructional personnel; (3) requires the policy developed by each school district and charter school to be made available on its Internet website and to a parent or legal guardian who requests a copy; and (4) requires each school district and charter school to compile a report containing certain information and submit such a report to the Department of Education, which must submit the reports to certain legislative bodies. Existing law requires the Department to ensure compliance with the Individuals with Disabilities Education Act, federal regulations adopted pursuant to the Act and Nevada statutes and regulations governing the education of pupils with disabilities. (20 U.S.C. §§ 1400 et seq.; 34 C.F.R. Part 300; NRS 388.417-388.5243) Existing law further authorizes a person or governmental entity to request the Superintendent of Public Instruction to determine whether a provider of special education is in compliance with such laws. (NRS 388.4352) Sections 3 and 4 of this bill make conforming changes to require the provisions of section 1 be enforced in the same manner as other requirements governing pupils with disabilities. Existing law requires each volunteer at a public school, including a charter school, who is likely to have unsupervised contact with pupils to submit his or her fingerprints to the governing body of a charter school or the board of trustees of the school district, as applicable, for the purposes of a criminal background check before beginning his or her service as a volunteer and at least once every 5 years thereafter. (NRS 388A.515, 391.104) Under existing law, a volunteer who meets certain requirements is not required to undergo such an investigation. (NRS 388A.516, 391.105) Existing law defines the term “volunteer” to mean any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by the school during or outside of school hours. (NRS 388A.510, 391.1035) Sections 5 and 6 of this bill provide that the term “volunteer” also includes private instructional personnel who provide services to a pupil with autism spectrum disorder who has an individualized education program, thereby requiring such a volunteer to undergo an investigation into his or her background unless he or she obtains certain exemptions. Section 2 of this bill makes a conforming change to apply the definitions in existing law to section 1.

Statutes affected:
As Introduced: 388.417, 388.4352, 388.4354, 388A.510, 391.1035
BDR: 388.417, 388.4352, 388.4354, 388A.510, 391.1035