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 public schools to provide programs and services for pupils with disabilities. (NRS 388.419, 388.429) Section 1.3 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 disabilities who have individualized education programs, or plans developed pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, receive medically necessary treatment or services from private instructional personnel in a school setting. Section 1.3 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 1.3: (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. Finally, section 1.3 authorizes the board of trustees of a school district or the governing body of a charter school to require the parent or legal guardian of certain pupils with disabilities to sign a written acknowledgment concerning any private instructional personnel and the provision of medically necessary treatment. Existing law requires the State Board of Education to prescribe minimum standards for the special education of pupils with visual impairments, including, without limitation, blindness. (NRS 388.419) Section 2.5 of this bill requires such minimum standards 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 additionally 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) Existing law also provides that a pupil is not required to take advantage of the special provisions for the education of pupils with disabilities. (NRS 388.431) Section 4.5 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, or a hearing impairment, including, without limitation, deafness, 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 the pupil to carry a cane or walking stick or use a mobility device while on school property. Section 1.7 of this bill also provides that the ability of any pupil with such a disability, including, without limitation, a pupil who elects not to take advantage of the special provisions for the education of pupils with disabilities, may not have his or her right to carry a cane or walking stick interfered with while on school property. The federal Individuals with Disabilities Education Act: (1) requires, to the maximum extent that is appropriate, children with disabilities to be educated with children without disabilities in the least restrictive environment; and (2) 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, even with the provision of supplementary aids and services. (20 U.S.C. § 1412(a)(5)) Section 4.5 provides that, when developing an individualized education program for a pupil with a hearing impairment or 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 program. 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 sections 1.3 and 1.7 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 a disability who has an individualized education program or a plan developed pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, 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 sections 1.3 and 1.7.

Statutes affected:
As Introduced: 388.417, 388.4352, 388.4354, 388A.510, 391.1035
Reprint 1: 388.417, 388.419, 388.4352, 388.4354, 388.437, 388A.510, 391.1035
BDR: 388.417, 388.4352, 388.4354, 388A.510, 391.1035