The federal Individuals with Disabilities Education Act governs how states and public agencies provide early intervention, special education and related services to pupils with disabilities. (20 U.S.C. §§ 1400 et seq.) Existing law requires the State Board of Education to prescribe minimum standards for the special education of pupils with disabilities, including pupils with visual impairments, including, without limitation, blindness. (NRS 388.419) Section 1 of this bill requires the minimum standards prescribed by the State Board for such pupils to include: (1) standards for the provision of instruction in Braille and the use of Braille; and (2) guidelines for providing for and integrating assistive technology and assistive technology services into instruction. Existing law requires an individualized education program team for a pupil with a hearing impairment or a pupil with a hearing or visual impairment who is less than 6 years of age to take certain factors into consideration and include certain provisions when developing an individualized education program for the pupil. (NRS 388.437) Section 2 of this bill requires the individualized education program team, when developing an individualized education program for a pupil with a visual impairment, including, without limitation, blindness, to: (1) if the parent or legal guardian of the pupil requests that the pupil receive instruction in Braille and the use of Braille, provide for such instruction; (2) provide that the pupil receive any assistive technology and assistive technology services necessary to provide the pupil with a free appropriate public education; and (3) prohibit an employee of a school district or charter school from interfering with the ability of a pupil to carry a cane or walking stick. The federal Individuals with Disabilities Education Act requires, to the maximum extent that is appropriate, children with disabilities to be educated with children without disabilities in the least restrictive environment. The Act additionally prohibits the removal of children with disabilities from a regular educational environment unless the nature or severity of the child's disability prevents the satisfactory education of the child in such an environment, even with the provision of supplementary aids and services. (20 U.S.C. § 1412(a)(5)) Section 2 provides that, when developing an individualized education program for a pupil with a hearing impairment or a pupil with a visual impairment, the individualized education program team is required to adhere to such provisions of federal law and include the basis for the placement of the pupil in the individualized education plan.

Statutes affected:
As Introduced: 388.419, 388.437
BDR: 388.419, 388.437