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).

1-1 Whereas, The Individuals with Disabilities Education Act (IDEA), 20

1-2 U.S.C. §§ 1400 et seq., is the Federal Law which seeks to ensure that

1-3 children with disabilities have access to a free appropriate public

1-4 education; and

1-5 Whereas, Providing an appropriate education to pupils with disabilities

1-6 who reside in the State of Nevada is an essential element of fulfilling this

1-7 state’s important goal of ensuring an equality of opportunity, full

1-8 participation, independent living and economic self-sufficiency for

1-9 individuals with disabilities; and

1-10 Whereas, To be eligible for financial support pursuant to IDEA, a state

1-11 must demonstrate that it provides a free appropriate public education to all

1-12 children with disabilities residing in the state between 3 and 21 years of

1-13 age; and

1-14 Whereas, Pursuant to IDEA, a free appropriate public education

1-15 means special education and related services that are provided at public

1-16 expense, under public supervision and direction, and without charge; and

1-17 Whereas, In 1973, the Nevada Legislature enacted a law that provides

1-18 a formula for funding special education which apportions from the state

2-1 distributive school account a basic support guarantee for each "special

2-2 education program unit" maintained and operated by a school district

2-3 during a school year; and

2-4 Whereas, Pursuant to NRS 387.1211, a "special education program

2-5 unit" is an organized instructional unit which includes full-time services of

2-6 licensed persons providing a program of instruction in accordance with the

2-7 minimum standards prescribed by the State Board of Education; and

2-8 Whereas, Pursuant to NRS 388.450, the Nevada Legislature declares

2-9 that the basic support guarantee for special education program units

2-10 established by the Legislature for each school year of a biennium

2-11 establishes financial resources sufficient to provide a reasonably equal

2-12 educational opportunity for pupils with disabilities who reside in the State

2-13 of Nevada; and

2-14 Whereas, When the Legislature adopted the formula for funding

2-15 special education in 1973, the basic support guarantee for each special

2-16 education program unit maintained and operated by a school district was

2-17 $14,500; and

2-18 Whereas, That amount of basic support apportioned by the Legislature

2-19 from the state distributive school account for each special education

2-20 program unit adequately provided a school district an amount of money

2-21 that covered all costs incurred by the school district in 1973 to provide

2-22 necessary special education and related services, including related

2-23 personnel costs; and

2-24 Whereas, In 1997, the basic support guarantee for each special

2-25 education program unit in accordance with the formula was $27,694 for

2-26 the 1997-1998 fiscal year, but, the average costs by school districts to

2-27 provide the requisite education and services significantly exceed this

2-28 amount; and

2-29 Whereas, The amount of money apportioned by the Legislature from

2-30 the state distributive school account for special education program units

2-31 has not increased during the past 25 years commensurately with the costs

2-32 incurred by many school districts to provide special education and services

2-33 to pupils with disabilities; and

2-34 Whereas, When a school district does not receive money from the

2-35 state distributive school account for each special education program unit

2-36 maintained by the school district in an amount sufficient to cover the total

2-37 costs for each unit, the school district must draw upon other money in its

2-38 general fund to pay the difference between the amount of basic support

2-39 apportioned by the Legislature for the special education program unit and

2-40 the actual costs incurred by the school district for maintaining and

2-41 operating the special education program unit; now, therefore, be it

2-42 Resolved by the Assembly of the State of Nevada, the Senate

2-43 Concurring, That the members of the 70th session of the Nevada

3-1 Legislature urge the members of the Senate Standing Committee on

3-2 Finance and the Assembly Standing Committee on Ways and Means to

3-3 apportion from the state distributive school account a basic support

3-4 guarantee for special education program units that provides money to the

3-5 school districts in an amount that is commensurate with the current costs

3-6 incurred by the school districts in maintaining and operating the special

3-7 education program units; and be it further

3-8 Resolved, That the Chief Clerk of the Assembly prepare and transmit

3-9 a copy of this resolution to the Chairman of the Senate Standing

3-10 Committee on Finance and the Chairman of the Assembly Standing

3-11 Committee on Ways and Means.