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

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
____________

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)

~

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 plan s 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 f rom 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 repo rt 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 Brai lle; 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 with disabilities. 40
(NRS 388.431) Section 4.5 of this bill requires the individualized education 41
program team, when developing an individualized education progr am for a pupil 42
with a visual impairment, including, without limitation, blindness, or a hearing 43
impairment, including, without limitation, deafness, to: (1) if the parent or legal 44
guardian of the pupil requests that the pupil receive instruction in Braille and the 45
use of Braille, provide for such instruction; (2) provide that the pupil receive any 46
assistive technology and assistive technology services necessary to provide the 47
pupil with a free appropriate public education; and (3) prohibit an employee of a 48
school district or charter school from interfering with the ability of the pupil to 49
carry a cane or walking stick or use a mobility device while on school property . 50
Section 1. 7 of this bill also provides that the ability of any pupil with such a 51
disability, including, without limitation, a pupil who elects not to take advantage of 52
the special provisions for the education of pupils with disabilities, may not have his 53
or her right to carry a cane or walking stick interfered with while on school 54
property. 55
The federal Individuals with Disabilities Education Act: (1) requires, to the 56
maximum extent that is appropriate, children with disabilities to be educated with 57
children without disabilities in the least restrictive environment; and (2) prohibits 58

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the removal of children with disabilities from a regular educational environment 59
unless the nature or severity of the child’s disability prevents the satisfactory 60
education of the child, even with the provision of supplementary aids and services. 61
(20 U.S.C. § 1412(a) (5)) Section 4.5 provides that, when developing an 62
individualized education program for a pupil with a hearing impairment or a visual 63
impairment, the individualized education program team is required to adhere to 64
such provisions of federal law and include the basis for the placement of the pupil 65
in the individualized education program. 66
Existing law requires the Department to ensure compliance with the Individuals 67
with Disabilities Education Act, federal regulations adopted pursuant to the Act and 68
Nevada statutes and regulations governing the education of pupils with disabilities. 69
(20 U.S.C. §§ 1400 et seq.; 34 C.F.R. Part 300; NRS 388.417 -388.5243) Existing 70
law further authorizes a person or governmental entity to request the 71
Superintendent of Public Instr uction to determine whether a provider of special 72
education is in compliance with such laws. (NRS 388.4352) Sections 3 and 4 of 73
this bill make conforming changes to require the provisions of sections 1.3 and 1.7 74
be enforced in the same manner as other requirements governing pupils with 75
disabilities. 76
Existing law requires each volunteer at a public school, including a charter 77
school, who is likely to have unsupervised contact with pupils to submit his or her 78
fingerprints to the governing body of a charter school or the board of trustees of the 79
school district, as applicable, for the purposes of a criminal background check 80
before beginning his or her service as a volunteer and at least once every 5 years 81
thereafter. (NRS 388A.515, 391.104) Under existing law, a volunteer who meets 82
certain requirements is not required to undergo such an investigation. (NRS 83
388A.516, 391.105) Existing law defines the term “volunteer” to mean any person 84
who, without compensation, works at, assists with or oversees any activit y or event 85
conducted or sponsored by the school during or outside of school hours. (NRS 86
388A.510, 391.1035) Sections 5 and 6 of this bill provide that the term “volunteer” 87
also includes private instructional personnel who provide services to a pupil with a 88
disability who has an individualized education program or a plan developed 89
pursuant to section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, thereby 90
requiring such a volunteer to undergo an investigation into his or her background 91
unless he or she obtains certain exemptions. 92
Section 2 of this bill makes a conforming change to apply the definitions in 93
existing law to sections 1.3 and 1.7. 94

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 388 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 1.3 and 1.7 of this act. 2
Sec. 1.3. 1. The board of trustees of each school district 3
and the governing body of each charter school shall develop a 4
policy pres cribing the manner in which a pupil with a disability 5
who has an individualized education program or a plan developed 6
in accordance with section 504 of the Rehabilitation Act of 1973, 7
29 U.S.C. § 794, must, subject to the consent of his or her parent 8
or le gal guardian, receive medically necessary treatment, as 9
authorized by an insurer, third -party payor or person paying for 10

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the treatment, or the services of private instructional personnel in 1
a school setting. 2
2. A policy developed pursuant to this section must: 3
(a) Require each school within the district or the charter 4
school, as applicable, to provide notice to the parent or legal 5
guardian of an enrolled pupil with a disability of the right of the 6
pupil to: 7
(1) Request access to medically necessary tre atment, as 8
authorized by an insurer, third -party payor or person paying for 9
the treatment, in a school setting pursuant to section 504 of the 10
Rehabilitation Act of 1973, 29 U.S.C. § 794, and Title II of the 11
Americans With Disabilities Act of 1990, 42 U.S.C . §§ 12131 et 12
seq.; and 13
(2) Appeal the decision of a school district or charter school 14
concerning his or her access to the medically necessary treatment 15
or services of private instructional personnel in the school setting 16
pursuant to NRS 388.463; 17
(b) Set forth the protocols for private instructional personnel 18
to: 19
(1) Observe, in a classroom setting, the pupil who receives 20
his or her services; and 21
(2) After obtaining written authorization from the parent or 22
legal guardian of the pupil to whom such treatment is provided, 23
collaborate with educational personnel employed by the school 24
district or charter school, as applicable, in the provision of services 25
to the pupil, including, without limitation, collaboration 26
concerning: 27
(I) The provision of medically necessary treatment; 28
(II) The planning of services provided to the pupil; and 29
(III) Interdisciplinary communication; 30
(c) Comply with the Individu als with Disabilities Education 31
Act, 20 U.S.C. §§ 1400 et seq.; and 32
(d) Not require the school district or charter school to pay for 33
any treatment or services addressed by the policy. 34
3. The board of trustees of a school district or the governing 35
body of a charter school shall: 36
(a) Not charge a fee to a pupil or a parent or legal guardian of 37
the pupil relating to the provision of services by private 38
instructional personnel in a school setting rendered under a policy 39
developed pursuant to subsection 2. 40
(b) Only impose requirements for private instructional 41
personnel that include requiring private instructional personnel 42
to: 43

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(1) Carry a policy of professional liability insurance at a 1
level of coverage required by the board of trustees of the school 2
district or the governing body of the charter school, as applicable; 3
(2) Except as otherwise provided in NRS 388A.516 or 4
391.105, as applicable, undergo an investigation into his or her 5
background conducted pursuant to NRS 388A.515 or 391.104, as 6
applicable; 7
(3) Adhere to any relevant state and federal privacy laws, 8
including, without limitation, the Family Educational Rights and 9
Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations 10
adopted pursuant thereto, and the Health Insurance Portability 11
and Accountability Act of 1996, Public Law 104 -191, as amended, 12
and applicable regulations; and 13
(4) Adhere to any relevant requirements, statutes, 14
regulations, rules and policies of the school district or charter 15
school, as applicable. 16
4. The board of trust ees of each school district and the 17
governing body of each charter school shall make available, on 18
the Internet website of the school district or charter school, as 19
applicable, and to a parent or legal guardian of a pupil who 20
requests a copy, the policy developed pursuant to this section. 21
5. If a pupil receives medically necessary treatment from 22
private instructional personnel in a school setting pursuant to this 23
section and the treatment is related to a need identified in an 24
individualized education prog ram or a plan developed in 25
accordance with section 504 of the Rehabilitation Act of 1973, 29 26
U.S.C. § 794 , for the pupil, the board of trustees of the school 27
district or governing body of the charter school, as applicable, may 28
require the parent or legal g uardian of the pupil to sign a written 29
acknowledgment that: 30
(a) The school district or charter school, as applicable, is 31
relieved of its obligation to provide services for the same purpose 32
as the services provided by the private instructional personnel in a 33
school setting. 34
(b) The school district or charter school, as applicable: 35
(1) Has not offered, and does not offer, accept or assume 36
any duty to pay any private instructional personnel; 37
(2) Has no financial responsibility to any private 38
instructional personnel regarding services provided by such a 39
person; and 40
(3) Where such documentation is required by a health care 41
plan for the pupil, is not responsible for documenting, billing or 42
preparing and submitting reports concerning services provided by 43
any private instructional personnel. 44

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(c) The individualized education program team for the pu pil 1
must include any private instructional personnel who provide 2
services to the pupil pursuant to this section. 3
6. The provision of medically necessary treatment by private 4
instructional personnel pursuant to this section does not relieve 5
the board of trustees of a school district or the governing body of a 6
charter school from its obligation to: 7
(a) Provide a pupil who receives such treatment with a free 8
and appropriate public education in accordance with the 9
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et 10
seq.; or 11
(b) Adhere to any relevant federal or state laws or regulations 12
concerning pupils with disabilities. 13
7. The board of trustees of each school district and the 14
governing body of each charter school shall, on or before July 1 of 15
each year, compile and submit to the Department a report that 16
includes: 17
(a) The total number of requests made pursuant to this section 18
by a pupil with a disability for access to medically necessary 19
treatment in a school setting; and 20
(b) The number of such requests that were authorized or 21
denied. 22
8. On or before January 1 of each year, the Department 23
shall: 24
(a) Post the reports received pursuant to subsection 5 on the 25
Internet website of the Department; and 26
(b) Submit the reports received pursuant to subsection 5: 27
(1) In odd -numbered years, to the Director of the 28
Legislative Counsel Bureau for transmittal to the Senate and 29
Assembly Standing Committees on Education; and 30
(2) In even-numbered years, to the Joint Interim Standing 31
Committee on Education. 32
9. As used in this section: 33
(a) “Interdisciplinary communication” means the exchange of 34
information between professionals in different fields of expertise 35
for the purpose of collaboration. 36
(b) “Medically necessary treatment” means any medical ly 37
necessary habilitative or rehabilitative care, prescription care, 38
psychiatric care, psychological care, behavioral therapy or 39
therapeutic care identified by a qualified provider of health care 40
for the treatment of disabilities. 41
(c) “Private instruction al personnel” means a person who is 42
hired or contracted by the parent or legal guardian of a pupil, or 43
authorized by an insurer or third -party payor, to provide services 44
to the pupil as: 45

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(1) An assistant behavior analyst, behavior analyst or 1
registered b ehavior technician who is registered, certified or 2
licensed pursuant to chapter 641D of NRS; 3
(2) A speech-language pathologist who is licensed pursuant 4
to chapter 637B of NRS; 5
(3) An occupational therapist who is licensed pursuant to 6
chapter 640A of NRS; 7
(4) A physical therapist who is licensed pursuant to chapter 8
640 of NRS; 9
(5) A psychologist who is licensed pursuant to chapter 641 10
of NRS; or 11
(6) A clinical social worker who is licensed pursuant to 12
chapter 641B of NRS. 13
Sec. 1.7. 1. The ability of a pupil with a visual impairment, 14
including, without limitation, blindness, or a hearing impairment, 15
including, without limitation, deafness, to carry a cane or walking 16
stick while on school property must not be interfered with or 17
disturbed by any employee of the school district or charter school 18
in which the pupil is enrolled. 19
2. The provisions of this section apply regardless of whether 20
the pupil does not take advantage of the special provisions f or the 21
education of pupils with disabilities pursuant to NRS 388.431. 22
Sec. 2. NRS 388.417 is hereby amended to read as follows: 23
388.417 As used in NRS 388.417 to 388.515, inclusive [:] , 24
and sections 1.3 and 1.7 of this act: 25
1. “Communication mode” means any system or method of 26
communication used by a person with a disability, including, 27
without limitation, a person who is deaf or whose hearing is 28
impaired, to facilitate communication which may include, without 29
limitation: 30
(a) American Sign Language; 31
(b) English-based manual or sign systems; 32
(c) Oral and aural communication; 33
(d) Spoken and written English, including speech reading or lip 34
reading; and 35
(e) Communication with assistive technology devices. 36
2. “Dyslexia” means a neurological learning disability 37
characterized by difficulties with accurate and fluent word 38
recognition and poor spelling and decoding abilities that typically 39
result from a deficit in the phonological component of language. 40
3. “Dyslexia intervention” means systematic, multisensory 41
intervention offered in an appropriate setting that is derived from 42
evidence-based research. 43
4. “Individualized education program” has the meaning 44
ascribed to it in 20 U.S.C. § 1414(d)(1)(A). 45

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5. “Individualized education program team” has the meaning 1
ascribed to it in 20 U.S.C. § 1414(d)(1)(B). 2
6. “Provider of special education” means a school within a 3
school district or charter school that provides education or services 4
to pupils with disabilities or any other entity that is responsible for 5
providing education or services to a pupil with a disability for a 6
school district or charter school. 7
7. “Pupil who receives early intervening services” means a 8
person enrolled in kindergarten or grades 1 to 12, i nclusive, who is 9
not a pupil with a disability but who needs additional academic and 10
behavioral support to succeed in a regular school program. 11
8. “Pupil with a disability” means a “child with a disability,” as 12
that term is defined in 20 U.S.C. § 1401(3) (A), who is under 22 13
years of age. 14
9. “Response to scientific, research -based intervention” means 15
a collaborative process which assesses a pupil’s response to 16
scientific, research-based intervention that is matched to the needs 17
of a pupil and that system atically monitors the level of performance 18
and rate of learning of the pupil over time for the purpose of making 19
data-based decisions concerning the need of the pupil for 20
increasingly intensified services. 21
10. “Specific learning disability” means a disor der in one or 22
more of the basic psychological processes involved in understanding 23
or using spoken or written language which is not primarily the result 24
of a visual, hearing or motor impairment, intellectual disability, 25
serious emotional disturbance, or an environmental, cultural or 26
economic disadvantage. Such a disorder may manifest itself in an 27
imperfect ability to listen, think, speak, read, write, spell or perform 28
mathematical calculations. The term includes, without limitation, 29
perceptual disabilities, brain injury, minimal brain dysfunction, 30
dyslexia and developmental aphasia. 31
Sec. 2.5. NRS 388.419 is hereby amended to read as follows: 32
388.419 1. The Department shall: 33
(a) Prescribe a form that contains the basic information 34
necessary for the uniform development, review and revision of an 35
individualized education program for a pupil with a disability in 36
accordance with 20 U.S.C. § 1414(d); and 37
(b) Make the form available on a computer disc for use by 38
school distri cts and, upon request, in any other manner deemed 39
reasonable by the Department. 40
2. Except as otherwise provided in this subsection, each school 41
district shall ensure that the form prescribed by the Department is 42
used for the development, review and revis ion of an individualized 43
education program for each pupil with a disability who receives 44
special education in the school district. A school district may use an 45

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expanded form that contains additions to the form prescribed by the 1
Department if the basic information contained in the expanded form 2
complies with the form prescribed by the Department. 3
3. The State Board: 4
(a) Shall prescribe minimum standards for the special education 5
of pupils with disabilities. 6
(b) May prescribe minimum standards for the pro vision of early 7
intervening services. 8
4. The minimum standards prescribed by the State Board must 9
include standards for programs of instruction or special services 10
maintained for the purpose of serving pupils with: 11
(a) Hearing impairments, including, but not limited to, deafness. 12
(b) Visual impairments, including, but not limited to, blindness. 13
(c) Orthopedic impairments. 14
(d) Speech and language impairments. 15
(e) Intellectual disabilities. 16
(f) Multiple impairments. 17
(g) Emotional disturbances. 18
(h) Other health impairments. 19
(i) Specific learning disabilities. 20
(j) Autism spectrum disorders. 21
(k) Traumatic brain injuries. 22
(l) Developmental delays. 23
5. The minimum standards prescribed by the State Board for 24
pupils with hearing impairments, including , without limitation, 25
deafness, pursuant to paragraph (a) of subsection 4 must comply 26
with: 27
(a) The Individuals with Disabilities Education Act, 20 U.S.C. 28
§§ 1400 et seq., and the regulations adopted pursuant thereto; 29
(b) The effective communication requ irement of Title II of the 30
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et 31
seq., and the regulations adopted pursuant thereto; and 32
(c) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 33
794, and the regulations adopted pursuant thereto. 34
6. The minimum standards prescribed by the State Board for 35
pupils with visual impairments, including, without limitation, 36
blindness, pursuant to paragraph (b) of subsection 4 must include, 37
without limitation: 38
(a) Standards for the provision of inst ruction in Braille and 39
the use of Braille; and 40
(b) Guidelines for providing for and integrating assistive 41
technology and assistive technology services into instruction 42
pursuant to paragraph (b) of subsection 2 of NRS 388.437. 43

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7. The minimum standards pr escribed by the State Board for 1
pupils with dyslexia pursuant to paragraph (i) of subsection 4 must 2
include, without limitation, standards for instruction on: 3
(a) Phonemic awareness to enable a pupil to detect, segment, 4
blend and manipulate sounds in spoken language; 5
(b) Graphonomic knowledge for teaching the sounds associated 6
with letters in the English language; 7
(c) The structure of the English language, including, without 8
limitation, morphology, semantics, syntax and pragmatics; 9
(d) Linguistic instru ction directed toward proficiency and 10
fluency with the patterns of language so that words and sentences 11
are carriers of meaning; and 12
(e) Strategies that a pupil may use for decoding, encoding, word 13
recognition, fluency and comprehension. 14
[7.] 8. No apportionment of state money may be made to any 15
school district or charter school for the instruction of pupils with 16
disabilities until the program of instruction maintained therein for 17
such pupils is approved by the Superintendent of Public Instruction 18
as meeting the minimum standards prescribed by the State Board. 19
[8.] 9. The Department shall, upon the request of the board of 20
trustees of a school district, provide information to the board of 21
trustees concerning the identification and evaluation of pupils wi th 22
disabilities in accordance with the standards prescribed by the State 23
Board. 24
[9.] 10. The Department shall post on the Internet website 25
maintained by the Department the data that is submitted to the 26
United States Secretary of Education pursuant to 20 U.S.C. § 1418 27
within 30 days after submission of the data to the Secretary in a 28
manner that does not result in the disclosure of data that is 29
identifiable to an individual pupil. 30
11. As used in this section: 31
(a) “Assistive technology” has the meaning a scribed to the 32
term “assistive technology device” in 20 U.S.C. § 1401(1) . The 33
term includes, without limitation: 34
(1) A laptop computer; 35
(2) A tablet device; 36
(3) Large-print reading materials; 37
(4) Braille technology installed on a computer or handheld 38
device; 39
(5) Audio materials; 40
(6) Software that converts text to speech; and 41
(7) Artificial intelligence. 42
(b) “Assistive technology service” has the meaning ascribed to 43
it in 20 U.S.C. § 1401(2). 44

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Sec. 3. NRS 388.4352 is hereby amended to read as follows: 1
388.4352 1. Any person or governmental entity may request 2
the Superintendent of Public Instruction to determine whether a 3
provider of special education is in compliance with the Individuals 4
with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 5
388.417 to 388.5243, inclusive, and sections 1.3 and 1.7 of this act, 6
any regulations adopted pursuant thereto, or any other law or 7
regulation governing the education of pupils with disabilities in this 8
State. 9
2. Upon receipt of a request pursuant to subsection 1 or u pon 10
his or her own initiative, the Superintendent of Public Instruction 11
must determine whether there is good cause to conduct an 12
inspection of the provider of special education. If the Superintendent 13
of Public Instruction determines there is good cause to conduct an 14
inspection, the Superintendent of Public Instruction shall cause such 15
an inspection to be conducted by the Department within 30 days 16
after making the determination. An inspection conducted pursuant to 17
this subsection may be conducted on -site, el ectronically or by 18
telephone. 19
3. If, after an inspection conducted pursuant to subsection 2, 20
the Superintendent of Public Instruction determines that a provider 21
of special education is not in compliance with a law or regulation 22
governing the education of pupils with disabilities, the 23
Superintendent of Public Instruction must, not more than 30 days 24
after completion of the inspection: 25
(a) Meet with the provider of special education to determine the 26
most efficient and expeditious manner in which to bring th e 27
provider of special education into compliance with the law or 28
regulation; and 29
(b) Request the board of trustees of the school district or the 30
governing body of the charter school, as applicable, to establish a 31
plan of corrective action pursuant to NRS 385.175 to ensure 32
compliance with the law or regulation. 33
Sec. 4. NRS 388.4354 is hereby amended to read as follows: 34
388.4354 1. If a provider of special education fails or refuses 35
to comply in a timely manner with a plan of corrective action 36
established pursuant to NRS 385.175 or with an order of a hearing 37
officer issued pursuant to a due process hearing conducted pursuant 38
to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 39
1400 et seq., or pursuant to an app eal therefrom, the Superintendent 40
of Public Instruction must take appropriate measures to ensure 41
compliance with the Individuals with Disabilities Education Act, 20 42
U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and 43
sections 1.3 and 1.7 of this act, any regulations adopted pursuant 44

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thereto, or any other law or regulation governing the education of 1
pupils with disabilities in this State. 2
2. In determining the appropriate measures to take to ensure 3
compliance with the laws and regulations gover ning the education 4
of pupils with disabilities, the Superintendent of Public Instruction 5
must consider: 6
(a) The severity of the failure to comply with the plan of 7
corrective action or the order of the hearing officer and the length 8
and number of times that the provider of special education has been 9
out of compliance with the laws and regulations governing the 10
education of pupils with disabilities; 11
(b) Whether the provider of special education made a good faith 12
effort to comply with the plan of corrective action or the order of the 13
hearing officer; 14
(c) The impact on pupils served by the provider of special 15
education of the failure to comply with the plan of corrective action 16
or the order of the hearing officer; and 17
(d) Whether the provider of special education has previously 18
failed to comply with such a plan of corrective action or order of a 19
hearing officer. 20
3. The actions which the Superintendent of Public Instruction 21
may take to ensure compliance pursuant to subsection 1 after 22
considering the factors set forth in subsection 2 include, without 23
limitation: 24
(a) Extending the time by which the provider of spec ial 25
education must comply with the plan of corrective action; 26
(b) Revising the plan of corrective action; 27
(c) Requiring the school district or the governing body of the 28
charter school, as applicable, to provide technical assistance to the 29
provider of spe cial education to assist with compliance with 30
the laws and regulations governing the education of pupils with 31
disabilities; 32
(d) Requiring the school district or the governing body of the 33
charter school, as applicable, to provide appropriate professional 34
development for the provider of special education to assist with 35
compliance with the laws and regulations governing the education 36
of pupils with disabilities; 37
(e) Ordering an investigation of compliance by the provider of 38
special education or additional inspections of the provider of special 39
education to ensure compliance with the laws and regulations 40
governing the education of pupils with disabilities, or both; 41
(f) Requiring the school district or charter school, as 42
appropriate, to assign one or more per sons to monitor compliance 43
with the plan of corrective action or order of the hearing officer and 44

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the laws and regulations governing the education of pupils with 1
disabilities by the provider of special education; 2
(g) Notwithstanding any collective bargain ing agreement or 3
contract of employment to the contrary, requiring the school district 4
or charter school, as applicable, to take appropriate disciplinary 5
action against a principal or other administrator who knowingly and 6
willfully fails to comply with a p lan of corrective action or order of 7
a hearing officer; 8
(h) Requiring the provider of special education to attend a public 9
meeting of the State Board to explain the failure of the provider of 10
special education to comply with a plan of corrective action or order 11
of a hearing officer, address public concerns and outline the actions 12
that the provider of special education intends to take to ensure 13
compliance with the laws and regulations governing the education 14
of pupils with disabilities; 15
(i) Taking punitive action against the provider of special 16
education, which may include, without limitation: 17
(1) To the extent possible, redirecting money provided by the 18
Federal Government for administrative costs related to the 19
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et 20
seq.; or 21
(2) To the extent possible, withholding, in whole or in part, 22
any federal or state apportionment to the provider; or 23
(j) Seeking enforcement of a plan of corrective action or the 24
order of a hearing officer in a court of competent jurisdiction. 25
4. The Superintendent of Public Instruction may work with any 26
other appropriate governmental entity to carry out the provisions of 27
subsection 3. 28
Sec. 4.5. NRS 388.437 is hereby amended to read as follows: 29
388.437 1. When developing an individualized education 30
program for a pupil with a hearing impairment in accordance with 31
NRS 388.419, the pupil’s individualized education program team 32
shall consider, without limitation: 33
(a) The related servi ces and program options that provide the 34
pupil with an appropriate and equal opportunity for communication 35
access; 36
(b) The pupil’s primary communication mode; 37
(c) The availability to the pupil of a sufficient number of age, 38
cognitive, academic and language peers of similar abilities; 39
(d) The availability to the pupil of adult models who are deaf or 40
hearing impaired and who use the pupil’s primary communication 41
mode; 42
(e) The availability of special education teachers, interpreters 43
and other special educ ation personnel who are proficient in the 44
pupil’s primary communication mode; 45

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(f) The provision of academic instruction, school services and 1
direct access to all components of the educational process, 2
including, without limitation, advanced placement cou rses, career 3
and technical education courses, recess, lunch, extracurricular 4
activities and athletic activities; 5
(g) The preferences of the parent or guardian of the pupil 6
concerning the best feasible services, placement and content of the 7
pupil’s individualized education program; and 8
(h) The appropriate assistive technology necessary to provide 9
the pupil with an appropriate and equal opportunity for 10
communication access. 11
2. When developing an individualized education program for 12
a pupil with a visual i mpairment, including, without limitation, 13
blindness, or a hearing impairment, including, without limitation, 14
deafness, in accordance with NRS 388.419, the pupil’s 15
individualized education program team shall, without limitation: 16
(a) If the parent or legal guardian of the pupil requests that 17
the pupil receive instruction in Braille and the use of Braille, 18
provide for instruction in Braille and the use of Braille; 19
(b) Provide that the pupil receive any assistive technology and 20
assistive technology services n ecessary to provide the pupil with a 21
free appropriate public education pursuant to the Individuals with 22
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.; and 23
(c) Include in the individualized education program a 24
requirement that the ability of the pupil to carry a cane or walking 25
stick or use a mobility device while on school property must not be 26
interfered with or disturbed by any employee of the school district 27
or charter school in which the pupil is enrolled pursuant to section 28
1.7 of this act. 29
3. When developing an individualized education program for a 30
pupil with a hearing or visual impairment who is less than 6 years of 31
age, including, without limitation, such a pupil with both hearing 32
and visual impairments, in accordance with NRS 388.419, t he 33
pupil’s individualized education program team shall use the criteria 34
prescribed pursuant to NRS 388.519, in addition to any methods of 35
assessment required by federal law, to evaluate the pupil’s 36
development of language and literacy skills and to determi ne 37
whether to modify the individualized education program. If the team 38
determines that the pupil is not making adequate progress in the 39
development of language and literacy skills, the team must include 40
in the plan: 41
(a) A detailed explanation of the reaso ns that the pupil is not 42
making adequate progress; and 43
(b) Recommendations for services and programs to assist the 44
pupil’s development of language and literacy skills. 45

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[3.] 4. When developing an individualized education program 1
for a pupil pursuant to t his section, the pupil’s individualized 2
education program team shall, to the maximum extent 3
appropriate, provide for the placement of the pupil in the least 4
restrictive environment pursuant to the Individuals with 5
Disabilities Education Act, 20 U.S.C. § 14 12(a)(5). In making this 6
determination of placement, the team shall: 7
(a) Consider any potentially harmful effects on the pupil and 8
the quality of any special education services required by the pupil 9
if the pupil is placed in a general education classroom; 10
(b) Provide for the placement of the pupil in a general 11
education classroom unless the team determines that the pupil 12
cannot receive a free appropriate public education in the least 13
restrictive environment in a general education classroom, even 14
with the provision of supplementary aids and services and assistive 15
technology and assistive technology services; 16
(c) Include the basis for the determination of placement in the 17
individualized education program for the pupil; and 18
(d) Comply with the Individuals with Disabilities Education 19
Act, 20 U.S.C. §§ 1400 et seq. 20
5. When determining the best feasible instruction to be 21
provided to the pupil in his or her primary communication mode, the 22
pupil’s individualized education program team may consider, 23
without limitation: 24
(a) Changes in the pupil’s hearing or vision; 25
(b) Development in or availability of assistive technology; 26
(c) The physical design and acoustics of the learning 27
environment; and 28
(d) The subject matter of the instruction to be provided. 29
6. As used in this section: 30
(a) “Assistive technology” has the meaning ascribed to the 31
term “assistive technology device” in 20 U.S.C. § 1401(1) . The 32
term includes, without limitation: 33
(1) A laptop computer; 34
(2) A tablet device; 35
(3) Large-print reading materials; 36
(4) Braille technology installed on a computer or handheld 37
device; 38
(5) Audio materials; 39
(6) Software that converts text to speech; and 40
(7) Artificial intelligence. 41
(b) “Assistive technology service” has the meaning ascribed to 42
it in 20 U.S.C. § 1401(2). 43
(c) “General education classroom” means a classroom that is 44
primarily tailored for the instruction of pupils without disabilities. 45

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(d) “Supplementary aids and services” has the meaning 1
ascribed to it in 20 U.S.C. § 1401(33). 2
Sec. 5. NRS 388A.510 is hereby amended to read as follows: 3
388A.510 “Volunteer” means any person who, without 4
compensation, works at, assists with or oversees any activity or 5
event conducted or sponsored by a charter school during or outside 6
of school hours. The term: 7
1. Includes, without limitation, [a coach,] : 8
(a) A coach, assistant coach, director of in -school or 9
extracurricular activities and chaperone of any overnight trip. 10
(b) Any private instructional personnel who provides services 11
in a private setting within a school to a pupil with a disability who 12
has an individualized education program pursuant to section 1.3 13
of this act. 14
2. Does not include: 15
(a) A student who is e nrolled at an institution of higher 16
education and is: 17
(1) Taking a course which requires the student to be present 18
in the classroom of the charter school on a limited basis to observe 19
and to be observed in the classroom; and 20
(2) Under direct supervisio n of a teacher or his or her 21
professor at all times while in the classroom. 22
(b) An employee of a business, agency or organization that 23
participates in a work -based learning program pursuant to NRS 24
389.167, other than an employee who directly oversees the 25
participation of or has unsupervised contact with a pupil in the 26
work-based learning program. 27
Sec. 6. NRS 391.1035 is hereby amended to read as follows: 28
391.1035 “Volunteer” means any person who, without 29
compensation, wo rks at, assists with or oversees any activity or 30
event conducted or sponsored by a public school during or outside 31
of school hours. The term: 32
1. Includes, without limitation, [a coach,] : 33
(a) A coach , assistant coach, director of in -school or 34
extracurricular activities and chaperone of an overnight trip. 35
(b) Any private instructional personnel who provides services 36
in a private setting within a school to a pupil with a disability who 37
has an individualized education program pursuant to section 1.3 38
of this act. 39
2. Does not include: 40
(a) A student who is enrolled at an institution of higher 41
education and is: 42
(1) Taking a course which requires the student to be present 43
in the classroom of the public school on a limited basis to observe 44
and to be observed in the classroom; and 45

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(2) Under direct supervision of a teacher or his or her 1
professor at all times while in the classroom. 2
(b) An employee of a business, agency or organization that 3
participates in a work -based learning program pursuant t o NRS 4
389.167, other than an employee who directly oversees the 5
participation of or has unsupervised contact with a pupil in the 6
work-based learning program. 7
Sec. 7. The provisions of subsection 1 of NRS 218D.380 do 8
not app ly to any provision of this act which adds or revises a 9
requirement to submit a report to the Legislature. 10
Sec. 8. The provisions of NRS 354.599 do not apply to any 11
additional expenses of a local government that are related to the 12
provisions of this act. 13
Sec. 9. 1. This section and sections 7 and 8 of this act 14
become effective upon passage and approval. 15
2. Sections 1 to 6, inclusive, of this act become effective: 16
(a) Upon passage and appr oval for the purpose of adopting any 17
regulations and performing any other preparatory administrative 18
tasks that are necessary to carry out the provisions of this act; and 19
(b) On July 1, 2025, for all other purposes. 20

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