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 a free appropriate public education to pupils with

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

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

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

1-9 with disabilities; and

1-10 Whereas, Pursuant to IDEA and the regulations adopted by the State

1-11 Board of Education to carry out IDEA, an individualized education

1-12 program must be developed for each pupil with a disability that includes a

1-13 written statement of the annual goals for the pupil which must be designed

1-14 to enable the pupil to participate and progress in the general curriculum;

1-15 and

1-16 Whereas, An individualized education program for a pupil with a

1-17 disability must also include a statement of the modifications, if any, in the

1-18 administration of statewide examinations of pupil achievement that are

1-19 necessary for the pupil with a disability to participate in the examinations;

1-20 and

2-1 Whereas, If the team of persons developing a pupil’s individualized

2-2 education program determines that the pupil will not participate in a

2-3 particular statewide examination or a particular part of a statewide

2-4 examination, the individualized education program must include a

2-5 statement explaining why the examination is not appropriate for the pupil

2-6 and how the pupil will otherwise be tested; and

2-7 Whereas, Nevada law requires the administration of achievement and

2-8 proficiency examinations to pupils who are enrolled in public schools

2-9 before the completion of grades 4, 8, 10 and 11; and

2-10 Whereas, Nevada law prohibits the issuance of a diploma to a pupil

2-11 until he has passed the high school proficiency examination; and

2-12 Whereas, The State Board of Education has adopted regulations

2-13 providing that a pupil with a disability is entitled to graduate from high

2-14 school with an adjusted diploma if he fulfills all the requirements which

2-15 are outlined in his individualized education program but does not

2-16 otherwise fulfill the requirements for a standard diploma; and

2-17 Whereas, These statutes and regulations have been interpreted so that

2-18 a pupil with a disability cannot graduate from high school with a standard

2-19 diploma if his individualized education program:

2-20 1. Exempts him from taking the high school proficiency examination;

2-21 or

2-22 2. Requires the pupil to take the examination with modifications or

2-23 accommodations that are not considered appropriate for graduation from

2-24 high school with a standard diploma; now, therefore, be it

2-25 Resolved by the Assembly of the State of Nevada, the Senate

2-26 Concurring, That the members of the 70th session of the Nevada

2-27 Legislature hereby urge the Department of Education to establish an

2-28 advisory group consisting of special education teachers, other teachers,

2-29 administrators in the public schools, parents of pupils who are enrolled in

2-30 programs of special education, members of the staff of the Department of

2-31 Education and members of the staff of the Legislative Counsel Bureau to

2-32 review this issue and recommend any additional criteria by which a pupil

2-33 with a disability should be eligible to graduate from high school with a

2-34 standard diploma; and be it further

2-35 Resolved, That the Department of Education is also urged to ask the

2-36 advisory group to consider which accommodations and modifications in

2-37 the administration of the high school proficiency examination to pupils

2-38 with disabilities should be determined appropriate for graduation from

2-39 high school with a standard diploma, including, without limitation, the

2-40 acceptable use of calculators and spell checkers and the provision of oral

2-41 testing; and be it further

3-1 Resolved, That if such an advisory group is established during the

3-2 1999-2001 legislative interim, the Department of Education is directed to

3-3 submit a copy of any findings and recommendations on this subject by the

3-4 advisory group to the Director of the Legislative Counsel Bureau for

3-5 transmittal to the 71st session of the Nevada Legislature; and be it further

3-6 Resolved, That the Chief Clerk of the Assembly prepare and transmit

3-7 a copy of this resolution to the Superintendent of Public Instruction and the

3-8 President of the State Board of Education.