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

Bill Text

EXEMPT
(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT S.B. 174
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SENATE BILL NO. 174–SENATORS OHRENSCHALL,
KRASNER, ROGICH; AND DONDERO LOOP

PREFILED FEBRUARY 3, 2025
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Referred to Committee on Education

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

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

CONTAINS UNFUNDED MANDATE (§ 1.3)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)

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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; requiring the board of trustees of
each school district and the governing body of each
charter school to develop a policy governing the provision
of certain services to pupils with disabilities; prohibiting
an employee of a school district or charter school from
interfering with the ability of certain pupils with
disabilities to carry a cane or walking stick; requiring the
State Board of Education to prescribe certain standards
for programs of instruction or special services for pupils
with visual impairments; requiring the individualized
education program for a pupil with a hearing impairment
or a visual impairment to include certain provisions;
authorizing certain persons or governmental entities to
request the Superintendent of Public Instruction to
determine whether such policies comply with certain laws
and regulations; revising the definition of the term
“volunteer” as it relates to persons required to undergo
certain criminal background checks; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
The federal Individuals with Disabilities Education Act governs how states and 1
public agencies provide early intervention, special education and related services to 2
pupils with disabilities. (20 U.S.C. §§ 1400 et seq.) Existing law requires public 3

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schools to provide programs and services for pupils with disabilities. (NRS 4
388.419, 388.429) Section 1.3 of this bill requires the board of trustees of each 5
school district and the governing body of each charter school to develop a policy 6
governing the manner in which pupils with disabilities who have individualized 7
education programs, or plans developed pursuant to section 504 of the 8
Rehabilitation Act of 1973, 29 U.S.C. § 794, receive medically necessary treatment 9
or services from private instructional personnel in a school setting. Section 1.3 10
additionally requires such a policy to: (1) require each school to provide notice to 11
the parent or legal guardian of such a pupil of certain rights; (2) set forth protocols 12
for private educational personnel to observe such pupils, collaborate with 13
educational personnel and provide medically necessary treatment and other 14
services; and (3) comply with the Individuals with Disabilities Education Act. 15
Furthermore, section 1.3: (1) prohibits a school district or charter school from 16
charging certain fees relating to the provision of certain services; (2) sets forth the 17
only requirements a school district or charter school is authorized to place on 18
private instructional personnel; (3) requires the policy developed by each school 19
district and charter school to be made available on its Internet website and to a 20
parent or legal guardian who requests a copy; and (4) requires each school district 21
and charter school to compile a report containing certain information and submit 22
such a report to the Department of Education, which must submit the reports to 23
certain legislative bodies. Finally, section 1.3 authorizes the board of trustees of a 24
school district or the governing body of a charter school to require the parent or 25
legal guardian of certain pupils with disabilities to sign a written acknowledgment 26
concerning any private instructional personnel and the provision of medically 27
necessary treatment. 28
Existing law requires the State Board of Education to prescribe minimum 29
standards for the special education of pupils with visual impairments, including, 30
without limitation, blindness. (NRS 388.419) Section 2.5 of this bill requires such 31
minimum standards to include: (1) standards for the provision of instruction in 32
Braille and the use of Braille; and (2) guidelines for providing for and integrating 33
assistive technology and assistive technology services into instruction. 34
Existing law additionally requires an individualized education program team 35
for a pupil with a hearing impairment or a pupil with a hearing or visual impairment 36
who is less than 6 years of age to take certain factors into consideration and include 37
certain provisions when developing an individualized education program for the 38
pupil. (NRS 388.437) Existing law also provides that a pupil is not required to take 39
advantage of the special provisions for the education of pupils wit