Assembly Concurrent Resolution No. 16–Committee on Education

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

U.S.C. §§ 1400 et seq., is the federal law which seeks to ensure that

children with disabilities have access to a free appropriate public education;

and

Whereas, Providing a free appropriate public education to pupils with

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

state’s important goal of ensuring equality of opportunity, full participation,

independent living and economic self-sufficiency for persons with

disabilities; and

Whereas, Pursuant to IDEA and the regulations adopted by the State

Board of Education to carry out IDEA, an individualized education

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

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

to enable the pupil to participate and progress in the general curriculum;

and

Whereas, An individualized education program for a pupil with a

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

administration of statewide examinations of pupil achievement that are

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

and

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

education program determines that the pupil will not participate in a

particular statewide examination or a particular part of a statewide

examination, the individualized education program must include a

statement explaining why the examination is not appropriate for the pupil

and how the pupil will otherwise be tested; and

Whereas, Nevada law requires the administration of achievement and

proficiency examinations to pupils who are enrolled in public schools

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

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

until he has passed the high school proficiency examination; and

Whereas, The State Board of Education has adopted regulations

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

school with an adjusted diploma if he fulfills all the requirements which are

outlined in his individualized education program but does not otherwise

fulfill the requirements for a standard diploma; and

Whereas, These statutes and regulations have been interpreted so that a

pupil with a disability cannot graduate from high school with a standard

diploma if his individualized education program:

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

or

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

accommodations that are not considered appropriate for graduation from

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

Resolved by the Assembly of the State of Nevada, the Senate

Concurring, That the members of the 70th session of the Nevada

Legislature hereby urge the Department of Education to establish an

advisory group consisting of special education teachers, other teachers,

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

programs of special education, members of the staff of the Department of

Education and members of the staff of the Legislative Counsel Bureau to

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

with a disability should be eligible to graduate from high school with a

standard diploma; and be it further

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

advisory group to consider which accommodations and modifications in the

administration of the high school proficiency examination to pupils with

disabilities should be determined appropriate for graduation from high

school with a standard diploma, including, without limitation, the

acceptable use of calculators and spell checkers and the provision of oral

testing; and be it further

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

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

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

advisory group to the Director of the Legislative Counsel Bureau for

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

Resolved, That the Chief Clerk of the Assembly prepare and transmit a

copy of this resolution to the Superintendent of Public Instruction and the

President of the State Board of Education.

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