Senate Bill No. 234–Committee on Human
Resources and Facilities

 

(On Behalf of the Clark County
School District)

 

March 4, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes concerning administrative due process hearings pursuant to Individuals with Disabilities Education Act. (BDR 34‑452)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; prescribing a period of limitation on requests for certain administrative due process hearings pursuant to the Individuals with Disabilities Education Act; requiring the State Board of Education to adopt regulations prescribing the maximum compensation and costs that a school district may be required to pay to a hearing officer in an administrative due process hearing conducted pursuant to the Individuals with Disabilities Education Act; providing for retroactive application of the period of limitation for certain alleged violations; 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. Chapter 388 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A request for an administrative due process hearing

1-4  pursuant to the Individuals with Disabilities Education Act, 20

1-5  U.S.C. §§ 1400 et seq., concerning an alleged violation of that Act

1-6  which occurs on or after the effective date of this act with respect

2-1  to any matter relating to the identification, evaluation or

2-2  educational placement of a pupil with a disability, or the provision

2-3  of a free appropriate public education to a pupil with a disability,

2-4  must be made not later than 1 year after the alleged violation.

2-5  2.  Each notice provided to a parent or guardian of a pupil

2-6  with a disability pursuant to 20 U.S.C. § 1415 regarding

2-7  procedural protections must include an explanation of the period

2-8  of limitation set forth in subsection 1.

2-9  Sec. 2.  NRS 388.440 is hereby amended to read as follows:

2-10      388.440  As used in NRS 388.440 to 388.5315, inclusive[:] ,

2-11  and section 1 of this act:

2-12      1.  “Gifted and talented pupil” means a person under the age of

2-13  18 years who demonstrates such outstanding academic skills or

2-14  aptitudes that he cannot progress effectively in a regular school

2-15  program and therefore needs special instruction or special services.

2-16      2.  “Pupil with a disability” means a person under the age of 22

2-17  years who deviates either educationally, physically, socially or

2-18  emotionally so markedly from normal patterns that he cannot

2-19  progress effectively in a regular school program and therefore needs

2-20  special instruction or special services.

2-21      Sec. 3.  NRS 388.509 is hereby amended to read as follows:

2-22      388.509  1.  The State Board shall adopt regulations

2-23  prescribing the maximum compensation and costs that a school

2-24  district may be required to pay to a hearing officer in an

2-25  administrative due process hearing conducted pursuant to the

2-26  provisions of 20 U.S.C. § 1415.

2-27      2.  The Departmentmay issue a subpoena to compel the

2-28  attendance of witnesses, the giving of testimony and the production

2-29  of books and papers at an administrative hearing conducted pursuant

2-30  to the provisions of 20 U.S.C. § 1415 on behalf of a party to that

2-31  hearing. The subpoena must be signed by the Superintendent of

2-32  Public Instructionor a person designated by the superintendent for

2-33  this purpose. If a person fails to comply with a subpoena, the

2-34  Departmentmay apply to the district court for enforcement of the

2-35  subpoena.

2-36      [2.] 3.  The district court in and for Carson City or the county

2-37  in which a hearing is being conducted for which such a subpoena

2-38  was issued may, upon receipt of such an application, compel the

2-39  attendance of witnesses, the giving of testimony and the production

2-40  of books and papers as required by the subpoena.

2-41      [3.] 4.  In case of the refusal of any witness to attend or testify

2-42  or produce any papers required by the subpoena, the person holding

2-43  the hearing may report to the district court by petition, setting forth:

2-44      (a) That due notice has been given of the time and place of

2-45  attendance of the witness or the production of the books and papers;

3-1  (b) That the witness has been subpoenaed in accordance with

3-2  this section; and

3-3  (c) That the witness has failed and refused to attend or produce

3-4  the papers required by subpoena before the person holding the

3-5  hearing named in the subpoena, or has refused to answer questions

3-6  propounded to him in the course of the hearing,

3-7  and asking an order of the court compelling the witness to attend

3-8  and testify or produce the books or papers before the person.

3-9  [4.] 5.  The court, upon petition of the person holding the

3-10  hearing, shall enter an order directing the witness to appear before

3-11  the court at a time and place to be fixed by the court in the order, the

3-12  time must not be more than 10 days after the date of the order, and

3-13  then and there show cause why he has not attended or testified or

3-14  produced the books or papers before the person holding the hearing.

3-15  A certified copy of the order must be served upon the witness. If it

3-16  appears to the court that the subpoena was regularly issued by the

3-17  person holding the hearing, the court shall thereupon enter an order

3-18  that the witness appear before the person at the time and place fixed

3-19  in the order and testify or produce the required books or papers, and

3-20  upon failure to obey the order, the witness must be dealt with as for

3-21  contempt of court.

3-22      Sec. 4.  If an alleged violation of the Individuals with

3-23  Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. occurs before

3-24  the effective date of this act, the period of limitation prescribed in

3-25  section 1 of this act begins to run with respect to that violation on

3-26  the effective date of this act.

3-27      Sec. 5.  On or before September 1, 2003, the State Board of

3-28  Education shall adopt regulations pursuant to section 3 of this act.

3-29      Sec. 6.  This act becomes effective upon passage and approval.

 

3-30  H