Existing law requires the Department of Education to ensure compliance with the Individuals with Disabilities Education Act, federal regulations adopted pursuant to the Act and statutes and regulations of this State that govern 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 requires public schools to provide special programs and services for pupils with disabilities. (NRS 388.419, 388.429) Existing law sets forth various definitions that apply to provisions governing pupils with disabilities. (NRS 388.417) Section 4 of this bill prohibits the board of trustees of a school district or the governing body of a charter school from: (1) making certain assignments for teachers, paraprofessionals or instructional aides who provide instruction to pupils with disabilities; and (2) exceeding various limitations on the number of pupils with certain disabilities who may be in a classroom or receive certain support. Section 4 additionally sets forth certain requirements governing: (1) the placement of pupils in special education classrooms; and (2) the composition of such classrooms. Section 5 of this bill: (1) requires the Department to develop a plan to establish stability in providing a program of special education to pupils; (2) sets forth certain requirements for the plan; and (3) requires an individualized education program team to make certain considerations when developing an individualized education program for a pupil with a disability who is subject to an educational regression because of frequent changes in the location in which special education services are provided. Section 9 of this bill: (1) requires the State Board of Education to develop certain guidelines concerning the universal literacy screening administered pursuant to section 11 of this bill; and (2) revises and sets forth, respectively, the minimum standards the State Board is required to prescribe for programs of instruction or special services for pupils with dyslexia and pupils with emotional disturbances, autism spectrum disorder or developmental delays. Section 8 of this bill: (1) revises certain definitions; and (2) creates certain definitions that apply to provisions governing pupils with disabilities. Existing federal law requires a due process hearing to be held concerning a complaint relating to the identification of a pupil as a pupil with or without a disability or the sufficiency of services provided to such a pupil. (20 U.S.C. § 1415) Existing law: (1) provides for the selection of a hearing officer; (2) requires the local educational agency or governing body of a charter school involved in the complaint to pay the cost of the hearing; and (3) authorizes an aggrieved party to appeal the decision of a hearing officer to the Department. (NRS 388.463) Section 13 of this bill: (1) sets forth certain requirements governing an expedited due process hearing; (2) requires the Department to appoint a State Review Officer to make a determination concerning appeals submitted after a due process hearing has concluded; and (3) provides for a party to a due process hearing to request a temporary order of relief. Existing law requires the board of trustees of each school district and the governing body of each charter school that serves pupils in kindergarten or grade 1, 2 or 3 to prescribe an early literacy screening assessment for use by the schools located in the school district or the charter school, respectively. (NRS 388.439) Existing law additionally requires: (1) the board of trustees of each school district and the governing body of each charter school to administer screenings for dyslexia to certain pupils in certain grade levels; (2) the board of trustees and governing body, as applicable, to address the needs of a pupil if the screening confirms that the pupil has indicators for dyslexia; and (3) if the response to scientific, research-based intervention system of instruction determines that a pupil needs additional screening, the board of trustees and governing body, as applicable, to perform certain evaluations of the pupil. (NRS 388.441) Section 10 of this bill: (1) requires the board of trustees of each school district and the governing body of each charter school to instead prescribe a universal literacy screening that meets certain requirements; (2) requires such entities to administer the screening to pupils enrolled in kindergarten and grades 1 to 6, inclusive, at least twice each school year; (3) sets forth certain requirements governing the results of the screening; and (4) requires the board of trustees of each school district and the governing body of each charter school to provide the parent or legal guardian of a pupil who was administered the screening with a written notification containing certain information concerning the results of the screening. Section 11 sets forth the requirements for: (1) a pupil to receive additional screening or evaluations after taking the universal literacy screening; (2) the person who administers the screening; and (3) certain meetings with administrators concerning the results of the screening. Existing law requires a pupil's individualized education program team to consider certain instructional approaches when developing an individualized education program for a pupil with dyslexia. (NRS 388.443) Section 12 of this bill sets forth additional considerations for developing such an individualized education program. Section 2 of this bill requires the Department to establish a program to provide, at no cost to a participant, professional development in certain areas concerning literacy to each instructional aide, paraprofessional, member of support staff, administrator and teacher who is employed by a school district or charter school to serve certain pupils. Section 3 of this bill requires the board of trustees of each school district and the governing body of each charter school, as applicable, to prepare and submit to the Department an annual report that contains certain information concerning the universal literacy screening administered pursuant to section 11 and the professional development required pursuant to section 2. Existing law requires the board of trustees of each school district and the governing body of each charter school to establish an emergency operations plan development committee to develop a plan for responding to certain emergencies in each school. (NRS 388.241, 388.243) Section 7 of this bill requires such a plan to include: (1) a consideration of the needs of pupils with disabilities in certain emergencies; (2) a plan to inform local law enforcement agencies or public safety organizations of the specific needs of each pupil with a disability; and (3) a plan to demonstrate that the committee has made certain individualized considerations concerning pupils with disabilities. Under existing law, the Legislature declares that members of the board of trustees of each school district, the governing body of each charter school and all administrators and teachers have a duty to create and provide a safe and respectful learning environment for all pupils. (NRS 388.1321) Section 6 of this bill additionally requires: (1) a safe and respectful learning environment to be provided for all staff members of a school; and (2) such an environment to be free of predictable threats of bodily injury to all staff members and pupils. Existing law authorizes the suspension or expulsion of a pupil with a disability who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is found in possession of a dangerous weapon other than a firearm while in certain locations or at certain events. (NRS 392.466) Section 13.5 of this bill provides that, before suspending or expelling such a pupil, an administrator is required to meet with the individualized education program team for the pupil and determine whether the behavior is a manifestation of the disability of the pupil. Section 13.7 of this bill requires the board of trustees of each school district and the governing body of each charter school to, on or before July 1, 2027, submit a report to certain entities that includes information concerning the implementation of the provisions of this bill.

Statutes affected:
As Introduced: 388.1321, 388.243, 388.417, 388.419, 388.439, 388.441, 388.443, 388.463
Reprint 1: 388.1321, 388.243, 388.417, 388.419, 388.439, 388.441, 388.443, 388.463, 392.466
BDR: 388.1321, 388.243, 388.417, 388.419, 388.439, 388.441, 388.443, 388.463