Assembly Bill No. 3–Committee on Education

Prefiled December 18, 1998

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Referred to Committee on Education

 

SUMMARY—Requires department of education to prescribe form for developing individualized education programs for pupils with disabilities. (BDR 34-318)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to education; requiring the department of education to prescribe a form for use by school districts in the development of individualized education programs for pupils with disabilities; authorizing school districts to use expanded forms that comply with the form prescribed by the department; requiring the department to provide information to the boards of trustees of school districts concerning the identification and evaluation of pupils with disabilities; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 388.520 is hereby amended to read as follows:

1-2 388.520 1. The department shall:

1-3 (a) Prescribe a form that contains the basic information necessary for

1-4 the uniform development, review and revision of an individualized

1-5 education program for a pupil with a disability in accordance with 20

1-6 U.S.C. § 1414(d); and

1-7 (b) Make the form available on a computer disk for use by school

1-8 districts and, upon request, in any other manner deemed reasonable by the

1-9 department.

1-10 2. Except as otherwise provided in this subsection, each school district

1-11 shall ensure that the form prescribed by the department is used for the

1-12 development, review and revision of an individualized education program

1-13 for each pupil with a disability who receives special education in the school

1-14 district. A school district may use an expanded form that contains additions

1-15 to the form prescribed by the department if the basic information contained

1-16 in the expanded form complies with the form prescribed by the department.

2-1 3. The state board shall prescribe minimum standards for the special

2-2 education of pupils with disabilities and gifted and talented pupils.

2-3 [2.] 4. The minimum standards prescribed by the state board must include

2-4 standards for programs of instruction or special services maintained for the

2-5 purpose of serving pupils with:

2-6 (a) Hearing impairments, including, but not limited to, deafness.

2-7 (b) Visual impairments, including, but not limited to, blindness.

2-8 (c) Orthopedic impairments.

2-9 (d) Speech and language impairments.

2-10 (e) Mental retardation.

2-11 (f) Multiple impairments.

2-12 (g) Serious emotional disturbances.

2-13 (h) Other health impairments.

2-14 (i) Specific learning disabilities.

2-15 (j) Autism.

2-16 (k) Traumatic brain injuries.

2-17 (l) Developmental delays.

2-18 (m) Gifted and talented abilities.

2-19 [3.] 5. No apportionment of state money may be made to any school

2-20 district or charter school for the instruction of pupils with disabilities and

2-21 gifted and talented pupils until the program of instruction maintained therein

2-22 for such pupils is approved by the superintendent of public instruction as

2-23 meeting the minimum standards prescribed by the state board.

2-24 6. The department shall, upon the request of the board of trustees of a

2-25 school district, provide information to the board of trustees concerning the

2-26 identification and evaluation of pupils with disabilities in accordance with

2-27 the standards prescribed by the state board.

2-28 7. As used in this section, "individualized education program" has the

2-29 meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

2-30 Sec. 2. 1. On or before October 1, 1999, the department of education

2-31 shall, in accordance with NRS 388.520, prescribe the form for the

2-32 development, review and revision of individualized education programs for

2-33 pupils with disabilities.

2-34 2. The board of trustees of each school district in this state shall ensure

2-35 that the form prescribed by the department of education or an expanded form

2-36 authorized pursuant to subsection 2 of NRS 388.520 as amended by this act is

2-37 used for pupils who are initially evaluated for placement in a program of

2-38 special education after November 1, 1999. If an individualized education

2-39 program is initially developed for a pupil with a disability on or before

2-40 November 1, 1999, the board of trustees of a school district shall ensure that

2-41 any review or revision of that program after November 1, 1999, complies with

2-42 the form prescribed by the department of education.

3-1 Sec. 3. This act becomes effective on July 1, 1999.

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