Nevada 2019 Regular Session Status: Enacted 1 D cosponsors

AB 258 — Makes changes relating to the provision of special education in public schools. (BDR 34-760)

Last action — Approved by the Governor. Chapter 172.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 13, 2019. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    8 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to education; providing for the enforcement of the decision of a hearing officer or a settlement agreement resulting from a due process hearing; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

175 added · 189 removed

175 line(s) added, 189 removed.

→
Previous
Latest
(Reprinted with amendments adopted on April 17, 2019) FIRST REPRINT A.B.
Assembly Bill No.
258 ASSEMBLY BILL NO .
258–Assemblymen Thompson, Duran, Assefa;
258–ASSEMBLYMEN T HOMPSON , DURAN , ASSEFA ;
Gorelow, Martinez, Torres and Yeager Joint Sponsor:
GORELOW , MARTINEZ ,T ORRES AND Y EAGER M ARCH 13, 2019 ____________ JOINT SPONSOR :
Senator Dondero Loop CHAPTER..........
ENATOR D ONDERO L OOP ____________ Referred to Committee on Education SUMMARY—Makes changes relating to the provision of special education in public schools.
(BDR 34-760) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting federal law requires a due process hearing to be held concerning a complaint relating to the identification of a pupil as a pupil with or without a disability or the sufficiency of services provided to such a pupil.
Legislative Counsel’s Digest:
Existing federal law requires a due process hearing to be held concerning a complaint relating to the identification of a pupil as a pupil with or without a disability or the sufficiency of services provided to such a pupil.
(2) requires the local educational agency or governing body of a charter school involved in the complaint to pay the cost of the hearing;
(2) requires the local educational agency or governing body of a charter school involved in the appeal the decision of a hearing officer to the Department of Education.
and (3) authorizes an aggrieved party to appeal the decision of a hearing officer to the Department of Education.
(NRSty to 388.463) Section 1 of this bill authorizes the parent or guardian of a pupil who is the subject of a decision or settlement agreement resulting from a due process hearing, or the pupil under certain circumstances, to submit a complaint to the Department if the local educational agency or charter school has failed to comply with the decision or settlement agreement.
(NRS the subject of a decision or settlement agreement resulting from a due processho is hearing, or the pupil under certain circumstances, to submit a complaint to the Department if the local educational agency or charter school has failed to comply with the decision or settlement agreement.
If the Department determines that the allegations of the complaint are true, section 1 requires the Department to take any governing body of the charter school complies with the decision or settlement agreement;
If the Department determines that the allegations of the complaint are true, section 1 requires the Department to take any measures deemed necessary to ensure that:
(1) the local educational agency or agreement;
(NRS 390.600) Section 4.5 of this - *AB258_R1* – 2 – bill requires a pupil to participate in an alternative assessment rather than pass such an assessment to obtain an alternative diploma.
(NRS 390.600) Section 4.5 of this bill requires a pupil to participate in an alternative assessment rather than pass such an assessment to obtain an alternative diploma.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R.
If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been - 80th Session (2019) – 2 – transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R.
After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint.
After investigating a complaint filed pursuant to subsection and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint.
If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take:
If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agr(a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable;
(a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable;
and (d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order.
and (d) Referring the matter to the Attorney General to bring an act4.n iThe Department shall provide a copy of any decisionorder.
- *AB258_R1* – 3 – 4.
issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:
The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:
6.
- 80th Session (2019) – 3 – 6.
“Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communication which may include, without limitation:
“Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communication which may include, without lim(a) American Sign Language;
(a) American Sign Language;
(b) English-based manual or sign systems;
(c) Oral and aural communication;systems;
(c) Oral and aural communication;
(d) Spoken and written English, including speech reading or lip rea(e) Communication with assistive technology devices.
(d) Spoken and written English, including speech reading or lip reading;
and (e) Communication with assistive technology devices.
“Provider of special education” means a school within a school district or charter school that provides education or services to pupils with disabilities or any other entity that is responsible for providing education or services to a pupil with a disability for a school district or charter school.
“Provider of special education” means a school within a school district or charter school that provides education or services providing education or services to a pupil with a disability for ae for school district or charter school.
- *AB258_R1* – 4 – 7.
7.
“Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.
“Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance - 80th Session (2019) – 4 – and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.
Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations.
Such a disorder may manifest itself in an mathematical calculations.
The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dysSec.
The term includes, without limitation,perform perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.
Show all 58 changed rows (18 more)
Previous
Latest
3.
Secs.
(Deleted by amendment.).
3 and 4.
Sec.
(Deleted by amendment.) Sec.
4.
4.5.
(Deleted by amendment.) 390.600 1.
NRS 390.600 is hereby amended to read as follows:
The State Board shall adopt regulations that,ws:
390.600 1.
except as otherwise provided in subsection 3, prescribe the criteria for a pupil to receive a standard high school diploma, which must include, without limitation, the requirement that:
The State Board shall adopt regulations that, except as otherwise provided in subsection 3, prescribe the criteria for a pupil to receive a standard high school diploma, which must include, without limitation, the requirement that:
The criteria prescribed by the State Board pursuant to subsection 1 for a pupil to receive a standard high school diploma must not include the results of the pupil on the college and career readiness assessment administered to the pupil in grade 11 pursuant to NRS 390.610.
The criteria prescribed by the State Board pursuant to subsection 1 for a pupil to receive a standard high school diploma must not include the results of the pupil on the college and career readiness assessment administered to the pupil in grade 11 pursuant to 3.S 3A pupil with a disability who does not satisfy the requirements to receive a standard high school diploma prescribed by the State Board pursuant to subsection 1 may receive a standard high school diploma if the pupil demonstrates, through a portfolio of the pupil’s work, proficiency in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.
3.
A pupil with a disability who does not satisfy the requirements to receive a standard high school diploma prescribed by the State Board pursuant to subsection 1 may receive a standard - *AB258_R1* – 5 – high school diploma if the pupil demonstrates, through a portfolio of the pupil’s work, proficiency in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.
or (b) Alternative diploma if the pupil:
or - 80th Session (2019) – 5 – (b) Alternative diploma if the pupil:
If a pupil does not satisfy the requirements to receive a standard high school diploma prescribed by subsection 3 or by the State Board pursuant to subsection 1, the pupil must not be issued a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for such a diploma.
If a pupil does not satisfy the requirements to receive a standard high school diploma prescribed by subsection 3 or by the State Board pursuant to subsection 1, the pupil must not be issued a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for pupil who receives an adjusted diploma or an alternative diplomao a pursuant to subsection 4.
The provisions of this subsection do not apply to a pupil who receives an adjusted diploma or an alternative diploma pursuant to subsection 4.
Sec.
Secs.
5.
5 and 6.
6.
(Deleted by amendment.) Sec.
H - *AB258_R1*
~~~~~ 19 - 80th Session (2019)
⬇ Download PDF
View plain text versions (3)

Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Approved by the Governor. Chapter 172.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  5. Taken from General File. Placed on General File for next legislative day.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Taken from General File. Placed on General File for next legislative day.

  10. Read second time.

  11. From committee: Do pass.

  12. In Senate. Read first time. Referred to Committee on Education. To committee.

  13. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  14. Read second time. Amended. (Amend. No. 246.) To printer.

  15. From committee: Amend, and do pass as amended.

  16. From printer. To committee.

  17. Read first time. Referred to Committee on Education. To printer.

Sponsors

  • Assemblyman Alexander Assefa · Primary
  • Assemblywoman Susie Martinez · Primary
  • Assemblywoman Selena Torres · Primary
  • Senator Marilyn Dondero Loop · Primary
  • Steve Yeager · Primary
  • Michelle Gorelow · Primary
  • Bea Duran · Primary
  • Tyrone Thompson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

8 sponsors · 0 co-sponsors · 59 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (59)

59 members have not signed on to this bill.

Show all 59 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 258 do?
AN ACT relating to education; providing for the enforcement of the decision of a hearing officer or a settlement agreement resulting from a due process hearing; and providing other matters properly relating thereto.
Who sponsors AB 258?
AB 258 is sponsored by Assemblyman Alexander Assefa, Assemblywoman Susie Martinez, Assemblywoman Selena Torres, Senator Marilyn Dondero Loop, Yeager, Steve (Democratic), Gorelow, Michelle, Duran, Bea, and Tyrone Thompson.
What is the current status of AB 258?
This bill has been enacted into law. Introduced March 13, 2019. Enacted.
Where can I track AB 258?
Track AB 258 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 258

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 258

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →