Nevada 2023 Regular Session Status: Enacted 1 D cosponsors

SB 315 — Makes revisions relating to the rights of persons with disabilities and persons who are aged. (BDR 38-808)

Last action — Chapter 374.

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

This bill has been enacted into law. Introduced March 20, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 12, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 56% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    2 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

301 added · 318 removed

301 line(s) added, 318 removed.

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(Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT S.B.
Senate Bill No.
315 SENATE BILL NO .
315–Senators Scheible, Spearman;
315–SENATORS SCHEIBLE , SPEARMAN ;
and D.
AND D.
Harris CHAPTER..........
HARRIS M ARCH 20, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Makes revisions relating to the rights of persons with disabilities and persons who are aged.
(BDR 38-808) 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.
§ 1396n) Section 1 of this bill prescribes certain rights for persons with an receiving such services or who are aged and receiving such services.
§ intellectual disability, developmental disability or physical disability who are receiving such services or who are aged and receiving such services.
Existing law requires public schools to provide special programs and services for pupils with disabilities.
Existing law requires public schools to provide special programs and services certain rights for pupils with disabilities who are enrolled in a public school oribes receiving services from a provider of special education and receiving transition services through an individualized education program.
(NRS 388.419, 388.429) Section 3 of this bill prescribes receiving services from a provider of special education and receiving transitionor services through an individualized education program.
- *SB315_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) Participate in decisions that affect the life of the person, including, without limitation, decisions relating to:
- 82nd Session (2023) – 2 – including, without limitation, decisions relating to:of the person, (1) The finances and personal property of the person;
(1) The finances and personal property of the person;
(e) Practice the religion of his or her choice or abstain from the(f) Receive timely, effective and appropriate health care.
(e) Practice the religion of his or her choice or abstain from the practice of any religion.
(g) Receive ancillary services, to the extent necessary for the person.
(f) Receive timely, effective and appropriate health care.
(h) Maintain privacy and confidentiality in personal matters.
person.Receive ancillary services, to the extent necessary for the (h) Maintain privacy and confidentiality in personal matters.
- *SB315_R1* – 3 – (n) Be free from emotional, psychological, physical and financial abuse.
(n) Be free from emotional, psychological, physical and financial abuse.
(o) Participate in appropriate programs of education, training, social development, habilitation and reasonable recreation, including, without limitation, a class at or other program administered by a university, college, community college or trade school.
(o) Participate in appropriate programs of education, training, social development, habilitation and reasonable recreation, including, without limitation, a class at or other program school.tered by a university, college, community college or trade (p) Select a parent, family member, advocate, employee of this State or other person to act on his or her behalf, including, without limitation, by entering into a supported decision-making agreement pursuant to NRS 162C.200.
(p) Select a parent, family member, advocate or other person to act on his or her behalf, including, without limitation, by entering into a supported decision-making agreement pursuant to NRS 162C.200.
(s) Voice grievances and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.
- 82nd Session (2023) – 3 – (s) Voice grievances and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.
(t) Be free from unnecessary chemical, physical or mechanical restraints.
(t) Be free from unnecessary chemical, physical or mechanical res(u) Participate in the political process.
(u) Participate in the political process.
(4) The Administrator of the Division of Health Care Financing and Policy;
(4) The Administrator of the Division of Health Care Financ(5) The Administrator of the Division of Public and Behavioral Health.
and (5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
- *SB315_R1* – 4 – (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the - 82nd Session (2023) – 4 – Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social this State.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
- *SB315_R1* – 5 – 2.
2.
Except as otherwise specifically provided by law, each pupil with a disability who is enrolled in a public school or receiving services from a provider of special education and is receiving transition services through an individualized education program pursuant to 34 C.F.R.
Except as otherwise specifically provided by law, each pupil with a disability who is enrolled in a public school or receiving services from a provider of special education and is - 82nd Session (2023) – 5 – receiving transition services through an individualized education program pursuant to 34 C.F.R.
(a) Be provided notice of and invited to any meeting concerning his or her individualized education program at which transition services will be discussed.
(a) Be provided notice of and invited to any meeting concerning his or her individualized education program at which tra(b) Attend all meetings concerning his or her individualized education program and be able to represent his or her desire concerning his or her:
(b) Attend all meetings concerning his or her individualized education program and be able to represent his or her desire concerning his or her:
(f) Communicate freely using methods of communication that are accessible to the pupil concerning his or her strengths, interests, preferences and vision of his or her future for consideration when developing the transition plan.
are accessible to the pupil, including, without limitation, the preferred language of the pupil, concerning his or her strengths, interests, preferences and vision of his or her future for consideration when developing the transition plan.
Show all 63 changed rows (23 more)
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Such access must be provided - *SB315_R1* – 6 – to the same extent as pupils not receiving transition services through an individualized education program.
Such access must be provided to the same extent as pupils not receiving transition services through an individualized education program.
(i) Invite, or have assistance in inviting, appropriate outside agencies to any meeting concerning his or her individualized education program at which transition services will be discussed.
- 82nd Session (2023) – 6 – (i) Invite, or have assistance in inviting, appropriate outside agencies to any meeting concerning his or her individualized education program at which transition services will be discussed.
(j) Receive information necessary to identify, explore and connect with outside agencies, as appropriate, including, without limitation:
(j) Receive information necessary to identify, explore and limitation:h outside agencies, as appropriate, including, without (1) The Bureau of Vocational Rehabilitation in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;
(1) The Bureau of Vocational Rehabilitation in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;
(2) The Aging and Disability Services Division of the Department of Health and Human Services;
and (2) The Aging and Disability Services Division of the Department of Health and Human Services.
(3) The Council on Developmental Disabilities established in this State pursuant to 42 U.S.C.
§ 15025;
and (4) The Statewide Independent Living Council established in this State pursuant to 29 U.S.C.
§ 796d.
(l) Select a parent, family member, advocate or other person to act on his or her behalf, including, without limitation, as prescribed in NRS 388.459.
(l) Select a parent, family member, advocate, employee of this State or other person to act on his or her behalf, including, without limitation, as prescribed in NRS 388.459.
(n) Receive, as appropriate, the pre-employment transition services required by 34 C.F.R.
(n) Receive, as appropriate, the pre-employment transition ser(o) Voice concerns and disagreements with his or her educational or transition services and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.
§ 361.48.
(o) Voice concerns and disagreements with his or her educational or transition services and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.
(s) Be notified, not less than 1 year before the pupil reaches 18 years of age, that any right accorded to the parent of a pupil with a - *SB315_R1* – 7 – disability pursuant to Part B of the Individuals with Disabilities Education Act, 20 U.S.C.
(s) Be notified, not less than 1 year before the pupil reaches 18 years of age, that any right accorded to the parent of a pupil with a - 82nd Session (2023) – 7 – disability pursuant to Part B of the Individuals with Disabilities Education Act, 20 U.S.C.
3.
subsection 2 do not abrogate any remedies provided by law.in Sec.
The rights of a pupil with a disability set forth in subsection 2 do not abrogate any remedies provided by law.
Sec.
4.
ascribed to it in 20 U.S.C.
“Individualized education program” has the meaning ascribed to it in 20 U.S.C.
§ 1414(d)(1)(A).as the meaning 5.
§ 1414(d)(1)(A).
5.
9.
- 82nd Session (2023) – 8 – 9.
“Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to - *SB315_R1* – 8 – 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 data-based decisions concerning the need of the pupil forse of making increasingly intensified services.
H - *SB315_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Chapter 374.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 652 concurred in. To enrollment.

  5. In Senate.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 33, Nays: 8, Excused: 1.) To Senate.

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

  8. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 652.) To printer.

  10. In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.

  11. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 17, Nays: 4.) To Assembly.

  12. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Placed on General File for next legislative day.

  13. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 234.) To printer.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 64 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (64)

64 members have not signed on to this bill.

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"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

civil-rights
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Frequently asked questions

Who sponsors SB 315?
SB 315 is sponsored by Scheible, Melanie (Democratic), Harris, Dallas, and Pat Spearman.
What is the current status of SB 315?
This bill has been enacted into law. Introduced March 20, 2023. Enacted.
Where can I track SB 315?
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