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; 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.

1-11 3. The board of trustees of a school district shall establish uniform

1-12 criteria governing eligibility for instruction under the special education

1-13 programs provided for by NRS 388.440 to 388.520, inclusive. The criteria

1-14 must prohibit the placement of a pupil in a program for pupils with

1-15 disabilities solely because the pupil is a disciplinary problem in school.

1-16 The criteria are subject to such standards as may be prescribed by the state

1-17 board . [of education.]

2-1 Sec. 2. NRS 388.470 is hereby amended to read as follows:

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

2-3 with disabilities or gifted and talented pupils:

2-4 (a) A consultation must be held with his parents or guardian.

2-5 (b) An examination must be conducted for the purpose of finding the

2-6 extent to which the child deviates from normal growth and development

2-7 patterns. The examination must be conducted in accordance with standards

2-8 prescribed by the state board . [of education.]

2-9 2. A psychiatrist may be consulted in any specific case when the board

2-10 of trustees of a school district deems it necessary.

2-11 3. The board of trustees of a school district or the governing body of

2-12 a charter school shall not place a child or authorize the placement of a

2-13 child in a program for pupils with disabilities solely because the child is a

2-14 disciplinary problem in school.

2-15 Sec. 3. This act becomes effective on July 1, 1999.

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