SB 203 — Revises provisions governing programs for children who are blind, visually impaired, deaf or hard of hearing. (BDR 38-77)

subdivisions(d) withProvide respecttechnical toassistance programs for the aged and aging.icalconsultation (e)to Prepare,political publishsubdivisions andwith disseminaterespect educationalto materialsprograms dealingfor with the welfareaged ofand olderaging. persons.

(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

(i) Coordinate all state and federal funding of service programs to the2. aging in the State.

2.The Division shall:.

The(a) DivisionProvide shall:access to information about services or programs for persons with disabilities that are available in this State.

- *SB203_R3* – 6 – (a) Provide access to information about services or programs for persons with disabilities that are available in this State.

- 80th Session (2019) – 6 – (c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsec(1)subsection, Providethe technicalDivision assistanceshall: to local governmental agencies, including, without limitation, assistance in establishing an governmental agencies that provides services or programs toe local persons with disabilities;

(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

(2) The programs established pursuant to NRS 427A.800, 427A.850 and 427A.860 to provide services to persons withwith800, traumatic brain injuries;

- *SB203_R3* – 7 – (3) The program established pursuant to section 3.3 of this act to provide hearing aids to children who are hard of hearing;

and - 80th Session (2019) – 7 – [(5)] (6) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C.

(g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the usedisabilities ofto surveys,receive:oups, focus groups, hearings or councils of persons with (1) Meaningful input from persons with disabilities regarding the extent to receive:which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services;

(1)and Meaningful(2) Public input from persons with disabilities regarding the extentdevelopment, toimplementation whichand suchreview personsof areany receivingprograms services,or including,services plans,for andpersons their satisfaction with thosedisabilities. services;

anddual(h) service (2) Public input regarding the development, implementation and(h) Publish and make available to governmental entities and thees.the general public a biennial report which:

general public a biennial report which:

(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting;

and - *SB203_R3* – 8 – (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

- 80th Session (2019) – 8 – 4.

The Division shall administer the provisions of chapters 435, 437 and 656A of NRS.

(a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication or other assistive technology capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service;

(b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, withoutpeechwithout or limitation, a wireless phone, or other means with other persons thr(c)through Interpretersa aredual-party maderelay available,system whenor possible,other toassistive thegy;technology;

and (c) Interpreters are made available, when possible, to the Executive, Judicial and Legislative Departments of State Government to assist those departments in providing access to persons who are deaf or hard of hearing.

The program developed pursuant to subsection 1 must include the establishment of centers for persons who are deaf or hard of hearing that provide services which must include, without limitation:lim(a) Facilitating the provision and distribution of devices for telecommunication and other assistive technology to persons with impaired speech or hearing;

(a) Facilitating the provision and distribution of devices for telecommunication and other assistive technology to persons with impaired speech or hearing;

- *SB203_R3* – 9 – (c) Expanding the capacity for service using devices for telecommunication and other assistive technology in areas where there is a need for such devices and technology and services for persons with impaired speech or hearing are not available;

and - 80th Session (2019) – 9 – (e) Providing programs designed to increase access to education, employment and health and social services.

(b) Fund the centers for persons who are deaf or hard of hearing established pursuant to subsection 2;

andandre deaf or hard of hearing (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

Those companies shall collect the surcharge from their customers and transfer the money collected Commission.issionto the Commission pursuant to regulations adopted by the 4.Commission.

The4. Account for Services for Persons With Impaired Speech be administered by the Division.

AnyThe moneyAccount collectedfor fromServices thedfor mustPersons surchargeWith imposedImpaired pursuantSpeech toor subsectionHearing 3is musthereby becreated depositedwithin in the State TreasuryGeneral forFund creditand tomust be administered by the Account.Division.

Any money collected from the surcharge imposed pursuant to subsection 3 must be deposited in the State Treasury for credit to the Account.

After designating the amount of money to use pursuant to subsectionAccount 5,[may thebe Divisionused] mayonly:may use the remaining money in the Account(a) [mayFor bethe used]purchase, only:maintenance, repair and distribution of the devices for telecommunication and other assistive technology, including the distribution of such devices and technology to state agencies and nonprofit organizations;

(a) For the purchase, maintenance, repair and distribution of the devices for telecommunication and other assistive technology, including the distribution of such devices and technology to state agencies and nonprofit organizations;

(c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in - *SB203_R3* – 10 – collecting and transferring to the Public Utilities Commission of Nevada the surcharge imposed by the Commission;

- 80th Session (2019) – 10 – (e) To train persons in the use of the devices for telecommunication and other assistive technology;

and (h) To cover the costs of the program established pursuant to sectionhard 3.3 of thishearing.his act to provide hearing aids to children who are hard[5.] of7. hearing.

[5.] 7.

[(b)] (c) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay accesscommunications tothrough suchthird devices.third parties to persons who do not have Sec.access to such devices.

Sec.

As used in sections 5 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined them in sectionsthose 6,sections.of 7 and 8 of this act have the meanings ascribed to themSec. in those sections.

Sec.

- *SB203_R3* – 11 – 2.

The Superintendent shall appoint to the Committee 13 members who are the parents of pupils who are deaf, hard of - 80th Session (2019) – 11 – hearing, blind or visually impaired, including, without limitation, pupils who are both deaf and blind, specialize in teaching or providing services to such children or perform research in a field relating to such children.

and (c)English.embers Members who communicate verbally using only spoken English.3.

3.

A member of the Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to relieved prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable.

A state agency or political in the subdivision of this State shall not require an officer or employee who is a member of the Committee to:

(a) Make up the time he or she is absent from work to carry outout(b) hisTake orannual herleave dutiesor ascompensatory atime memberfor of the Committee;absence.

or (b) Take annual leave or compensatory time for the absence.

- *SB203_R3*80th Session (2019) – 12 – (1) Communicate using primarily spoken or written English, with or without the use of visual supplements, or American Sign Language;

(c) Aligned with the standards adopted pursuant to NRS 389.520 for English language arts and any standards adopted pursuantpur(d) toAligned thatwith sectionthe forIndividuals earlywith childhoodDisabilities education;Education Act, 20 U.S.C.

and (d) Aligned with the Individuals with Disabilities Education Act, 20 U.S.C.

and (c) Ways to improve the assessment of language and literacy skills by children who are deaf, hard of hearing, blind or visually deafimpaired, andincluding, blind.ding, without limitation, children who are both Sec.deaf and blind.

Sec.

The State Board shall evaluate the criteria recommended by the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, BlindeBlind or Visually Impaired pursuant to section 10 of this act for use by parents or guardians to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind.

The Department shall develop a written resource for use by parents or guardians to evaluate the development of language and - 80th Session (2019) – 13 – literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, - *SB203_R3* – 13 – without limitation, children who are both deaf and blind.

(b)is Beeasy writtenfor clearlyparents andto use;nd present the criteria in a manner that is(c) easyState forthat parents have the right to use;select whether to evaluate the development of language and literacy skills by their child using American Sign Language, spoken or written English, with or without the use of visual supplements or braille, as applicable;

(c) State that parents have the right to select whether to evaluate the development of language and literacy skills by their child using American Sign Language, spoken or written English, with or without the use of visual supplements or braille, as applicable;

(e) State that a parent may bring the resource to a meeting concerning an individualized education program or individualized family service plan for purposes of sharing observations concerning the development of language and literacy skills by his or (f)her Includechild; balanced and comprehensive information about languages, modes of communication and available services and visually impaired, including, without limitation, children who are both deaf and blind.

and (f) Include balanced and comprehensive information about languages, modes of communication and available services and programs for children who are deaf, hard of hearing, blind or both deaf and blind.ncluding, without limitation, children who are 3.

- 80th Session (2019) – 14 – Sec.

The State Board shall, after considering the recommendations made by the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired pursuant to section 10 of this act, prescribe - *SB203_R3* – 14 – by regulation criteria for use by school employees and providers of services to assess the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind.

(a) Be based on criteria and assessments developed by persons and entities with expertise in the development of language andandns literacy skills by children, including, without limitation, children without a disability, who are less than 6 years of age;

and (b) Provide to employees of the entities described in paragraph (a) training concerning the use of the criteria to assist children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, in developing the language and literacy skills necessary for kindergarten.

Such training must include,communicatethoutusingtatspokenrainEnglishcerandg withoutchchildrenho limitation, training concerning children who communicate using American Sign Language.

and children who Sec.

On or before July 31 of each year, the Department of Education, in collaboration with the Aging and Disabilities Services Division of the Department of Health and Human Services, shall compile and post on an Internet website maintained by the Department of Education a report of aggregated data comparing the development of language and literacy skills by children in this State who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, with the development of such skills by such children who do not have a - 80th Session (2019) – 15 – disability.

- *SB203_R3* – 15 – (a) The related services and program options that provide the pupil with an appropriate and equal opportunity for communication access;acc(b) The pupil’s primary communication mode;

(b) The pupil’s primary communication mode;

and (h) The appropriate assistive technology necessary to provide the pupil with an appropriate and equal opportunity for communicationcom2.niWhen access.developing an individualized education program for a pupil with a hearing or visual impairment who is less than 6 years of age, including, without limitation, such a pupil with both hearing and visual impairments, in accordance with NRS 388.419, the pupil’s individualized education program team shall use the criteria prescribed pursuant to section 12 of this act, in addition to any methods of assessment required by federal law, to evaluate the pupil’s development of language and literacy skills and to determine whether to modify the individualized education program.

a pupil with a hearing or visual impairment who is less than 6r years of age, including, without limitation, such a pupil with both the pupil’s individualized education program team shall use the criteria prescribed pursuant to section 12 of this act, in addition to any methods of assessment required by federal law, to evaluate the pupil’s development of language and literacy skills and to determine whether to modify the individualized education program.

- 80th Session (2019) – 16 – (a) A detailed explanation of the reasons that the pupil is not making adequate progress;

(b)(c) DevelopmentThe inphysical ordesign availabilityand acoustics of assistivethe technology;learningology;

- *SB203_R3* – 16 – (c) The physical design and acoustics of the learning environment;

On or before March 1, 2020, the Department shall provide those sets of criteria to the Advisory Committee on Language Development for Children Who Are Deaf, Hard of Hearing, Blind or Visually Impaired established pursuant to section 9 of this act.

(a) Use by parents or guardians to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, to the State Board of Education for adoption pursuant to section 11 of this act.

Board of Education for adoption pursuant to section 11 (b) Use by school employees and providers of services to evaluate the development of language and literacy skills by children who are less than 6 years of age and are deaf, hard of hearing, blind or visually impaired, including, without limitation, children who are both deaf and blind, to the State Board of Education for adoption pursuant to section 12 of this act.

- 80th Session (2019) – 17 – (a) Adopt the criteria described in subsection 2;

Sec.and 17 of this act become effective upon passage and approval., 2.

18.

1.

This section and sections 1, 2, 4 to 13, inclusive, 16 and 17 of this act become effective upon passage and approval.

2.

- *SB203_R3* – 17 – (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of those sections;

and 3.)(b) SectionsOn 3January and1, 142020, offor thisall actother becomepurposes. effective on July 1, 2020.

H3. - *SB203_R3*

Sections 3 and 14 of this act become effective on July 1, 2020.

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