SB 174 — Revises provisions relating to pupils with disabilities. (BDR 34-53)

Chapter 388 of NRS is hereby amended by adding thereto athe newprovisions sectionset toforth read as follows:sections 1.3 and 1.7 of this act.

Sec.

1.3.

The board of trustees of each school district and the governing body of each charter school shall develop a policy prescribing the manner in which a pupil with autisma spectrumdisability disorder who has an individualized education program must, subject to the consent of his or hera parentplan ordeveloped legalin guardian,accordance receivewith medicallysection necessary504 treatment,of as authorized by an insurer, third-party payor or person paying for the treatment,Rehabilitation orAct the services of private1973, instructional29 personnelU.S.C. in a school setting.

§ 794, must, subject to the consent of his or her parent or legal guardian, receive medically necessary treatment, as authorized by an insurer, third-party payor or person paying for - *SB174_R1* – 4 – the treatment, or the services of private instructional personnel in a school setting.

(a) Require each school within the district or the charter school, as applicable, to provide notice to the parent or legal - *SB174* – 3 – guardian of an enrolled pupil with autisma spectrumdisability disorder of the right of the pupil to:

and (2) CollaborateAfter obtaining written authorization from the parent or legal guardian of the pupil to whom such treatment is provided, collaborate with educational personnel employed by the school district or charter school, as applicable, in the provision of services to athe pupilpupil, withincluding, autismwithout spectrumlimitation, disorder;collaboration concerning:

(I) The provision of medically necessary treatment;

(II) The planning of services provided to the pupil;

and (III) Interdisciplinary communication;

- *SB174_R1* – 5 – (1) Carry a policy of professional liability insurance;insurance at a level of coverage required by the board of trustees of the school district or the governing body of the charter school, as applicable;

and (3) Adhere to any relevant state and federal privacy laws, including, without limitation, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

§ 1232g, and any regulations adopted pursuant thereto, and the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.regulations;

and (4) Adhere to any relevant requirements, statutes, regulations, rules and policies of the school district or charter school, as applicable.

The board of trustees of each school district and the governing body of each charter school shall make available, on - *SB174* – 4 – the Internet website of the school district or charter school, as applicable, and to a parent or legal guardian of a pupil who requests a copy, the policy developed pursuant to this section.

If a pupil receives medically necessary treatment from private instructional personnel in a school setting pursuant to this section and the treatment is related to a need identified in an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, for the pupil, the board of trustees of the school district or governing body of the charter school, as applicable, may require the parent or legal guardian of the pupil to sign a written acknowledgment that:

(a) The school district or charter school, as applicable, is relieved of its obligation to provide services for the same purpose as the services provided by the private instructional personnel in a school setting.

(b) The school district or charter school, as applicable:

(1) Has not offered, and does not offer, accept or assume any duty to pay any private instructional personnel;

(2) Has no financial responsibility to any private instructional personnel regarding services provided by such a person;

and (3) Where such documentation is required by a health care plan for the pupil, is not responsible for documenting, billing or preparing and submitting reports concerning services provided by any private instructional personnel.

- *SB174_R1* – 6 – (c) The individualized education program team for the pupil must include any private instructional personnel who provide services to the pupil pursuant to this section.

6.

The provision of medically necessary treatment by private instructional personnel pursuant to this section does not relieve the board of trustees of a school district or the governing body of a charter school from its obligation to:

(a) Provide a pupil who receives such treatment with a free and appropriate public education in accordance with the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq.;

or (b) Adhere to any relevant federal or state laws or regulations concerning pupils with disabilities.

7.

(a) The total number of requests made pursuant to this section by a pupil with autisma spectrumdisability disorder for access to medically necessary treatment in a school setting;

6.8.

7.9.

(a) “Medically“Interdisciplinary necessarycommunication” treatment” means anythe medicallyexchange necessaryof habilitativeinformation orbetween rehabilitativeprofessionals care,in prescriptiondifferent care,fields psychiatric care, psychological care, behavioral therapy or therapeutic care identified by a qualified provider of healthexpertise care for the treatmentpurpose of autismcollaboration. spectrum disorders.

(b) “Private“Medically instructionalnecessary personnel”treatment” means aany personmedically whonecessary ishabilitative hired or contractedrehabilitative bycare, theprescription parentcare, orpsychiatric legalcare, guardianpsychological ofcare, abehavioral pupil,therapy or authorizedtherapeutic bycare anidentified insurerby ora third-partyqualified payor,provider toof providehealth servicescare tofor the pupiltreatment as:of disabilities.

(1)(c) An“Private assistantinstructional behaviorpersonnel” analyst,means behaviora analystperson who is hired or registeredcontracted behaviorby technicianthe whoparent isor registered,legal certifiedguardian of a pupil, or licensedauthorized pursuantby an insurer or third-party payor, to chapterprovide 641Dservices ofto NRS;the pupil as:

- *SB174_R1* – 7 – (1) An assistant behavior analyst, behavior analyst or registered behavior technician who is registered, certified or licensed pursuant to chapter 641D of NRS;

- *SB174* – 5 – Sec.

1.7.

1.

The ability of a pupil with a visual impairment, including, without limitation, blindness, or a hearing impairment, including, without limitation, deafness, to carry a cane or walking stick while on school property must not be interfered with or disturbed by any employee of the school district or charter school in which the pupil is enrolled.

The provisions of this section apply regardless of whether the pupil does not take advantage of the special provisions for the education of pupils with disabilities pursuant to NRS 388.431.

Sec.

2.

388.417 As used in NRS 388.417 to 388.515, inclusive [:] , and sectionsections 11.3 and 1.7 of this act:

- *SB174_R1* – 8 – 5.

- *SB174* – 6 – 10.

2.5.

NRS 388.419 is hereby amended to read as follows:

388.419 1.

The Department shall:

(a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C.

§ 1414(d);

and (b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

2.

Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district.

A school district may use an - *SB174_R1* – 9 – expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

The State Board:

(a) Shall prescribe minimum standards for the special education of pupils with disabilities.

(b) May prescribe minimum standards for the provision of early intervening services.

4.

The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

(a) Hearing impairments, including, but not limited to, deafness.

(b) Visual impairments, including, but not limited to, blindness.

(c) Orthopedic impairments.

(d) Speech and language impairments.

(e) Intellectual disabilities.

(f) Multiple impairments.

(g) Emotional disturbances.

(h) Other health impairments.

(i) Specific learning disabilities.

(j) Autism spectrum disorders.

(k) Traumatic brain injuries.

(l) Developmental delays.

5.

The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, deafness, pursuant to paragraph (a) of subsection 4 must comply with:

(a) The Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., and the regulations adopted pursuant thereto;

(b) The effective communication requirement of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C.

§§ 12131 et seq., and the regulations adopted pursuant thereto;

and (c) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, and the regulations adopted pursuant thereto.

6.

The minimum standards prescribed by the State Board for pupils with visual impairments, including, without limitation, blindness, pursuant to paragraph (b) of subsection 4 must include, without limitation:

(a) Standards for the provision of instruction in Braille and the use of Braille;

and (b) Guidelines for providing for and integrating assistive technology and assistive technology services into instruction pursuant to paragraph (b) of subsection 2 of NRS 388.437.

- *SB174_R1* – 10 – 7.

The minimum standards prescribed by the State Board for pupils with dyslexia pursuant to paragraph (i) of subsection 4 must include, without limitation, standards for instruction on:

(a) Phonemic awareness to enable a pupil to detect, segment, blend and manipulate sounds in spoken language;

(b) Graphonomic knowledge for teaching the sounds associated with letters in the English language;

(c) The structure of the English language, including, without limitation, morphology, semantics, syntax and pragmatics;

(d) Linguistic instruction directed toward proficiency and fluency with the patterns of language so that words and sentences are carriers of meaning;

and (e) Strategies that a pupil may use for decoding, encoding, word recognition, fluency and comprehension.

[7.] 8.

No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

[8.] 9.

The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

[9.] 10.

The Department shall post on the Internet website maintained by the Department the data that is submitted to the United States Secretary of Education pursuant to 20 U.S.C.

§ 1418 within 30 days after submission of the data to the Secretary in a manner that does not result in the disclosure of data that is identifiable to an individual pupil.

11.

As used in this section:

(a) “Assistive technology” has the meaning ascribed to the term “assistive technology device” in 20 U.S.C.

§ 1401(1).

The term includes, without limitation:

(1) A laptop computer;

(2) A tablet device;

(3) Large-print reading materials;

(4) Braille technology installed on a computer or handheld device;

(5) Audio materials;

(6) Software that converts text to speech;

and (7) Artificial intelligence.

(b) “Assistive technology service” has the meaning ascribed to it in 20 U.S.C.

§ 1401(2).

- *SB174_R1* – 11 – Sec.

3.

§§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and sectionsections 11.3 and 1.7 of this act, any regulations adopted pursuant thereto, or any other law or regulation governing the education of pupils with disabilities in this State.

If a provider of special education fails or refuses to comply in a timely manner with a plan of corrective action - *SB174* – 7 – established pursuant to NRS 385.175 or with an order of a hearing officer issued pursuant to a due process hearing conducted pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and sectionsections 11.3 and 1.7 of this act, any regulations adopted pursuant - *SB174_R1* – 12 – thereto, or any other law or regulation governing the education of pupils with disabilities in this State.

- *SB174* – 8 – (e) Ordering an investigation of compliance by the provider of special education or additional inspections of the provider of special education to ensure compliance with the laws and regulations governing the education of pupils with disabilities, or both;

(f) Requiring the school district or charter school, as appropriate, to assign one or more persons to monitor compliance with the plan of corrective action or order of the hearing officer and - *SB174_R1* – 13 – the laws and regulations governing the education of pupils with disabilities by the provider of special education;

4.5.

NRS 388.437 is hereby amended to read as follows:

388.437 1.

When developing an individualized education program for a pupil with a hearing impairment in accordance with NRS 388.419, the pupil’s individualized education program team shall consider, without limitation:

(a) The related services and program options that provide the pupil with an appropriate and equal opportunity for communication access;

(b) The pupil’s primary communication mode;

(c) The availability to the pupil of a sufficient number of age, cognitive, academic and language peers of similar abilities;

(d) The availability to the pupil of adult models who are deaf or hearing impaired and who use the pupil’s primary communication mode;

(e) The availability of special education teachers, interpreters and other special education personnel who are proficient in the pupil’s primary communication mode;

- *SB174_R1* – 14 – (f) The provision of academic instruction, school services and direct access to all components of the educational process, including, without limitation, advanced placement courses, career and technical education courses, recess, lunch, extracurricular activities and athletic activities;

(g) The preferences of the parent or guardian of the pupil concerning the best feasible services, placement and content of the pupil’s individualized education program;

and (h) The appropriate assistive technology necessary to provide the pupil with an appropriate and equal opportunity for communication access.

2.

When developing an individualized education program for a pupil with a visual impairment, including, without limitation, blindness, or a hearing impairment, including, without limitation, deafness, in accordance with NRS 388.419, the pupil’s individualized education program team shall, without limitation:

(a) If the parent or legal guardian of the pupil requests that the pupil receive instruction in Braille and the use of Braille, provide for instruction in Braille and the use of Braille;

(b) Provide that the pupil receive any assistive technology and assistive technology services necessary to provide the pupil with a free appropriate public education pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq.;

and (c) Include in the individualized education program a requirement that the ability of the pupil to carry a cane or walking stick or use a mobility device while on school property must not be interfered with or disturbed by any employee of the school district or charter school in which the pupil is enrolled pursuant to section 1.7 of this act.

3.

When 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 NRS 388.519, 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.

If the team determines that the pupil is not making adequate progress in the development of language and literacy skills, the team must include in the plan:

(a) A detailed explanation of the reasons that the pupil is not making adequate progress;

and (b) Recommendations for services and programs to assist the pupil’s development of language and literacy skills.

- *SB174_R1* – 15 – [3.] 4.

When developing an individualized education program for a pupil pursuant to this section, the pupil’s individualized education program team shall, to the maximum extent appropriate, provide for the placement of the pupil in the least restrictive environment pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.

§ 1412(a)(5).

In making this determination of placement, the team shall:

(a) Consider any potentially harmful effects on the pupil and the quality of any special education services required by the pupil if the pupil is placed in a general education classroom;

(b) Provide for the placement of the pupil in a general education classroom unless the team determines that the pupil cannot receive a free appropriate public education in the least restrictive environment in a general education classroom, even with the provision of supplementary aids and services and assistive technology and assistive technology services;

(c) Include the basis for the determination of placement in the individualized education program for the pupil;

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

§§ 1400 et seq.

When determining the best feasible instruction to be provided to the pupil in his or her primary communication mode, the pupil’s individualized education program team may consider, without limitation:

(a) Changes in the pupil’s hearing or vision;

(b) Development in or availability of assistive technology;

(c) The physical design and acoustics of the learning environment;

and (d) The subject matter of the instruction to be provided.

6.

As used in this section:

(a) “Assistive technology” has the meaning ascribed to the term “assistive technology device” in 20 U.S.C.

§ 1401(1).

The term includes, without limitation:

(1) A laptop computer;

(2) A tablet device;

(3) Large-print reading materials;

(4) Braille technology installed on a computer or handheld device;

(5) Audio materials;

(6) Software that converts text to speech;

and (7) Artificial intelligence.

(b) “Assistive technology service” has the meaning ascribed to it in 20 U.S.C.

§ 1401(2).

(c) “General education classroom” means a classroom that is primarily tailored for the instruction of pupils without disabilities.

- *SB174_R1* – 16 – (d) “Supplementary aids and services” has the meaning ascribed to it in 20 U.S.C.

§ 1401(33).

Sec.

5.

- *SB174* – 9 – (b) Any private instructional personnel who provides services in a private setting within a school to a pupil with autisma spectrumdisability disorder who has an individualized education program pursuant to section 11.3 of this act.

(a) A coachcoach, assistant coach, director of in-school or extracurricular activities and chaperone of an overnight trip.

(b) Any private instructional personnel who provides services in a private setting within a school to a pupil with autisma spectrumdisability disorder who has an individualized education program pursuant to section 11.3 of this act.

and - *SB174_R1* – 17 – (2) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

(b) An employee of a business, agency or organization that participates in a work-based learning program pursuant to NRS 389.167, other than an employee who directly oversees the participation of or has unsupervised contact with a pupil in the work-based learning program.

- *SB174* – 10 – Sec.

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tas(b)tasks Onthat Julyare 1,necessary 2025,to forcarry allout otherthe purposes.sionsprovisions of this act;

and H(b) -On *SB174*July 1, 2025, for all other purposes.

H - *SB174_R1*