Senate Bill No. 126–Committee on Human Resources and Facilities

February 5, 1999

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Prohibits placement of pupils in special education programs for disciplinary reasons. (BDR 34-1069)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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; prohibiting a school district or charter school from placing a child in a program for pupils with disabilities solely because the child is a disciplinary problem; prohibiting the superintendent of public instruction from approving a special education program of a school district or charter school under certain circumstances; 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 388.450 is hereby amended to read as follows:

1-2 388.450 1. The legislature declares that the basic support guarantee

1-3 for each special education program unit established by law for each school

1-4 year establishes financial resources sufficient to ensure a reasonably equal

1-5 educational opportunity to pupils with disabilities and gifted and talented

1-6 pupils residing in Nevada.

1-7 2. Subject to the provisions of NRS 388.440 to 388.520, inclusive, the

1-8 board of trustees of each school district shall make such special provisions

1-9 as may be necessary for the education of pupils with disabilities and gifted

1-10 and talented pupils.

2-1 3. The board of trustees of a school district shall establish uniform

2-2 criteria governing eligibility for instruction under the special education

2-3 programs provided for by NRS 388.440 to 388.520, inclusive. The criteria

2-4 must prohibit the placement of a pupil in a program for pupils with

2-5 disabilities solely because the pupil is a disciplinary problem in school.

2-6 The criteria are subject to such standards as may be prescribed by the state

2-7 board . [of education.]

2-8 Sec. 2. NRS 388.470 is hereby amended to read as follows:

2-9 388.470 1. Before any child is placed in a special program for pupils

2-10 with disabilities or gifted and talented pupils:

2-11 (a) A consultation must be held with his parents or guardian.

2-12 (b) An examination must be conducted for the purpose of finding the

2-13 extent to which the child deviates from normal growth and development

2-14 patterns. The examination must be conducted in accordance with standards

2-15 prescribed by the state board . [of education.]

2-16 2. A psychiatrist may be consulted in any specific case when the board

2-17 of trustees of a school district deems it necessary.

2-18 3. The board of trustees of a school district or the governing body of

2-19 a charter school shall not place a child or authorize the placement of a

2-20 child in a program for pupils with disabilities solely because the child is a

2-21 disciplinary problem in school.

2-22 Sec. 3. NRS 388.520 is hereby amended to read as follows:

2-23 388.520 1. The state board shall prescribe minimum standards for the

2-24 special education of pupils with disabilities and gifted and talented pupils.

2-25 2. The minimum standards prescribed by the state board must include

2-26 standards for programs of instruction or special services maintained for the

2-27 purpose of serving pupils with:

2-28 (a) Hearing impairments, including, but not limited to, deafness.

2-29 (b) Visual impairments, including, but not limited to, blindness.

2-30 (c) Orthopedic impairments.

2-31 (d) Speech and language impairments.

2-32 (e) Mental retardation.

2-33 (f) Multiple impairments.

2-34 (g) Serious emotional disturbances.

2-35 (h) Other health impairments.

2-36 (i) Specific learning disabilities.

2-37 (j) Autism.

2-38 (k) Traumatic brain injuries.

2-39 (l) Developmental delays.

2-40 (m) Gifted and talented abilities.

3-1 3. No apportionment of state money may be made to any school district

3-2 or charter school for the instruction of pupils with disabilities and gifted

3-3 and talented pupils until the program of instruction maintained therein for

3-4 such pupils is approved by the superintendent of public instruction as

3-5 meeting the minimum standards prescribed by the state board. The

3-6 superintendent of public instruction shall not approve, or shall revoke his

3-7 approval of, the program of instruction of a:

3-8 (a) School district if the board of trustees of the school district places a

3-9 pupil or authorizes the placement of a pupil in a program for pupils with

3-10 disabilities solely because the pupil is a disciplinary problem in school.

3-11 (b) Charter school if the governing body of the charter school places a

3-12 pupil or authorizes the placement of a pupil in a program for pupils with

3-13 disabilities solely because the pupil is a disciplinary problem in school.

3-14 Sec. 4. This act becomes effective on July 1, 1999.

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