Makes various changes relating to education. (BDR 34-912)

EXEMPT
(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT S.B. 396

- *SB396_R1*

SENATE BILL NO. 396–SENATOR ROGICH

MARCH 17, 2025
____________

Referred to Committee on Education

SUMMARY—Makes various changes relating to education.
(BDR 34-912)

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

CONTAINS UNFUNDED MANDATE (§§ 4, 9)
(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 Department of
Education to establish a program to provide certain
professional development relating to literacy instruction;
requiring the submission of certain reports concerning
literacy and the academic growth of pupils identified as
having a reading disability; prohibiting various classes
and services for pupils with certain disabilities from
exceeding certain size limitations; setting forth certain
requirements governing special education classrooms;
setting forth certain provisions governing pupils with
disabilities who require educational stability; revising
provisions governing the safety of pupils in schools;
revising certain definitions concerning pupils with
disabilities; revising provisions governing instruction and
services provided to certain pupils with disabilities;
revising provisions governing early literacy screening
assessments; revising provisions governing pupils with
dyslexia; revising provisions governing due pro cess
hearings; revising provisions governing the suspension
and expulsion of certain pupils; requiring the submission
of certain reports; and providing other matters properly
relating thereto.

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Legislative Counsel’s Digest:
Existing law requires the Depart ment of Education to ensure compliance with 1
the Individuals with Disabilities Education Act, federal regulations adopted 2
pursuant to the Act and statutes and regulations of this State that govern the 3
education of pupils with disabilities. (20 U.S.C. §§ 140 0 et seq.; 34 C.F.R. Part 4
300; NRS 388.417 -388.5243) Existing law requires public schools to provide 5
special programs and services for pupils with disabilities. (NRS 388.419, 388.429) 6
Existing law sets forth various definitions that apply to provisions gov erning pupils 7
with disabilities. (NRS 388.417) Section 4 of this bill prohibits the board of trustees 8
of a school district or the governing body of a charter school from: (1) making 9
certain assignments for teachers, paraprofessionals or instructional aides who 10
provide instruction to pupils with disabilities; and (2) exceeding various limitations 11
on the number of pupils with certain disabilities who may be in a classroom or 12
receive certain support. Section 4 additionally sets forth certain requirements 13
governing: (1) the placement of pupils in special education classrooms; and (2) the 14
composition of such classrooms. Section 5 of this bill: (1) requires the Department 15
to develop a plan to establish stability in providing a program of special education 16
to pupils; (2) sets forth certain requirements for the plan; and (3) requires an 17
individualized education program team to make c ertain considerations when 18
developing an individualized education program for a pupil with a disability who is 19
subject to an educational regression because of frequent changes in the location in 20
which special education services are provided. Section 9 of this bill: (1) requires 21
the State Board of Education to develop certain guidelines concerning the universal 22
literacy screening administered pursuant to section 11 of this bill; and (2) revises 23
and sets forth, respectively, the minimum standards the State Bo ard is required to 24
prescribe for programs of instruction or special services for pupils with dyslexia 25
and pupils with emotional disturbances, autism spectrum disorder or developmental 26
delays. Section 8 of this bill: (1) revises certain definitions; and (2) creates certain 27
definitions that apply to provisions governing pupils with disabilities. 28
Existing federal law requires a due process hearing to be held concerning a 29
complaint relating to the identification of a pupil as a pupil with or without a 30
disability or the sufficiency of services provided to such a pupil. (20 U.S.C. § 1415) 31
Existing law: (1) provides for the selection of a hearing officer; (2) requires the 32
local educational agency or governing body of a charter school involved in the 33
complaint to pay the cost of the hearing; and (3) authorizes an aggrieved party to 34
appeal the decision of a hearing officer to the Department. (NRS 388.463) Section 35
13 of this bill: (1) sets forth certain requirements governing an expedited due 36
process hearing; (2) req uires the Department to appoint a State Review Officer to 37
make a determination concerning appeals submitted after a due process hearing has 38
concluded; and (3) provides for a party to a due process hearing to request a 39
temporary order of relief. 40
Existing law requires the board of trustees of each school district and the 41
governing body of each charter school that serves pupils in kindergarten or grade 1, 42
2 or 3 to prescribe an early literacy screening assessment for use by the schools 43
located in the school district or the charter school, respectively. (NRS 388.439) 44
Existing law additionally requires: (1) the board of trustees of each school district 45
and the governing body of each charter school to administer screenings for dyslexia 46
to certain pupils in certa in grade levels; (2) the board of trustees and governing 47
body, as applicable, to address the needs of a pupil if the screening confirms that 48
the pupil has indicators for dyslexia; and (3) if the response to scientific, research -49
based intervention system of instruction determines that a pupil needs additional 50
screening, the board of trustees and governing body, as applicable, to perform 51
certain evaluations of the pupil. (NRS 388.441) Section 10 of this bill: (1) requires 52
the board of trustees of each school district and the governing body of each charter 53
school to instead prescribe a universal literacy screening that meets certain 54

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requirements; (2) requires such entities to administer the screening to pupils 55
enrolled in kindergarten and grades 1 to 6, inclusi ve, at least twice each school 56
year; (3) sets forth certain requirements governing the results of the screening ; and 57
(4) requires the board of trustees of each school district and the governing body of 58
each charter school to provide the parent or legal gua rdian of a pupil who was 59
administered the screening with a written notification containing certain 60
information concerning the results of the screening. Section 11 sets forth the 61
requirements for: (1) a pupil to receive additional screening or evaluations after 62
taking the universal literacy screening; (2) the person who administers the 63
screening; and (3) certain meetings with administrators concerning the results of the 64
screening. 65
Existing law requires a pupil’s individualized education program team to 66
consider certain instructional approaches when developing an individualized 67
education program for a pupil with dyslexia. (NRS 388.443) Section 12 of this bill 68
sets forth additional considerations for developing such an individualized education 69
program. 70
Section 2 of this bill requires the Department to establish a program to provide , 71
at no cost to a participant, professional development in certain areas concerning 72
literacy to each instructional aide, paraprofessional, member of support staff, 73
administrator and teacher who is employed by a school district or charter school to 74
serve certain pupils. Section 3 of this bill requires the board of trustees of each 75
school district and the governing body of each charter school, as applicable, to 76
prepare and submit to t he Department an annual report that contains certain 77
information concerning the universal literacy screening administered pursuant to 78
section 11 and the professional development required pursuant to section 2. 79
Existing law requires the board of trustees o f each school district and the 80
governing body of each charter school to establish an emergency operations plan 81
development committee to develop a plan for responding to certain emergencies in 82
each school. (NRS 388.241, 388.243) Section 7 of this bill requi res such a plan to 83
include: (1) a consideration of the needs of pupils with disabilities in certain 84
emergencies; (2) a plan to inform local law enforcement agencies or public safety 85
organizations of the specific needs of each pupil with a disability ; and (3) a plan to 86
demonstrate that the committee has made certain individualized considerations 87
concerning pupils with disabilities. 88
Under existing law, the Legislature declares that members of the board of 89
trustees of each school district, the governing body of each charter school and all 90
administrators and teachers have a duty to create and provide a safe and respectful 91
learning environment for all pupils. (NRS 388.1321) Section 6 of this bill 92
additionally requires: (1) a safe and respectful learning environ ment to be provided 93
for all staff members of a school ; and (2) such an environment to be free of 94
predictable threats of bodily injury to all staff members and pupils. 95
Existing law authorizes the suspension or expulsion of a pupil with a disability 96
who po ses a continuing danger to persons or property or an ongoing threat of 97
disrupting the academic process or who is found in possession of a dangerous 98
weapon other than a firearm while in certain locations or at certain events. (NRS 99
392.466) Section 13 .5 of t his bill provides that, before suspending or expelling 100
such a pupil, an administrator is required to meet with the individualized education 101
program team for the pupil and determine whether the behavior is a manifestation 102
of the disability of the pupil. 103
Section 13 .7 of this bill requires the board of trustees of each school district 104
and the governing body of each charter school to, on or before July 1, 2027, submit 105
a report to certain entities that includes information concerning the implementation 106
of the provisions of this bill. 107

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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 2 to 5, inclusive, of this 2
act. 3
Sec. 2. 1. The Department shall establish a program to 4
provide professional development regarding evidence -based 5
instruction in foundational literacy, structured literacy and 6
supplemental reading support to each instructional aide, 7
paraprofessional, member of support staff, administrator and 8
teacher, including, without limitation, each library media 9
specialist and each person with an endorsement to teach a 10
program of bilingual education or pupils with disabilities. Such 11
persons must be employed by a school dis trict or charter school to 12
serve pupils enrolled in preschool, kindergarten or grades 1 to 6, 13
inclusive. 14
2. The program to provide professional development 15
developed by the Department pursuant to subsection 1 must 16
include, without limitation: 17
(a) For a person who serves pupils enrolled in kindergarten or 18
grades 1, 2 or 3, training on: 19
(1) Orthography; 20
(2) Phonological and phonemic awareness; 21
(3) Phonics; 22
(4) Reading fluency, including, without limitation, reading 23
orally; 24
(5) Developing oral and written vocabularies; and 25
(6) Aural and reading comprehension; 26
(b) For a person who serves pupils enrolled in grades 4, 5 or 6, 27
training on: 28
(1) The neurobiology of reading; 29
(2) Advanced word study; 30
(3) Reading fluency; and 31
(4) Reading comprehension; 32
(c) For an administrator, training on designing and 33
implementing high-quality and evidence-based literacy instruction 34
focused on the science of reading for pupils enrolled in preschool, 35
kindergarten and grades 1 to 6, inclusive; and 36
(d) For each person described in subsection 1, at least 20 37
hours of professional development, provided at no cost to the 38
person during each school year, on the universal literacy 39
screening administered pursuant to NRS 388.439 and 388.441 and 40
interventions, accommodations, structured literacy and the use of 41

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- *SB396_R1*
technology for pupils with reading disabilities, including, without 1
limitation, dyslexia. 2
3. The Department shall establish and provide training and 3
resources for the implementation of: 4
(a) A statewide framework f or using multi -tiered systems of 5
support to assist in the identification and intervention of pupils at 6
risk of experiencing a learning disability, including, without 7
limitation, dyslexia; and 8
(b) A program to provide professional development , at no cost, 9
to each person described in subsection 2 regarding the framework 10
established pursuant to paragraph (a) and methods of intervention 11
for pupils with disabilities, including, without limitation, pupils 12
with dyslexia or pupils with a disability that affects th e reading 13
abilities of the pupil. 14
4. The framework established pursuant to paragraph (a) of 15
subsection 3 must include, without limitation: 16
(a) A problem-solving model that is based on data; 17
(b) Frequent assessment of pupils using the universal literacy 18
screening administered pursuant to NRS 388.439 and 388.4 41; 19
and 20
(c) A continuum of layered supports that are evidence-based. 21
5. As used in this section, “science of reading” means a 22
method of using interdisciplinary research to understand best 23
practices for providing literacy instruction. 24
Sec. 3. The board of trustees of each school district and th e 25
governing body of each charter school, as applicable, shall, on or 26
before June 30 of each year, prepare and submit a report to the 27
Department describing: 28
1. The tool or instrument used to administer the universal 29
literacy screening pursuant to NRS 388.441; 30
2. The amount of professional development provided 31
pursuant to paragraph (d) of subsection 2 of section 2 of this act; 32
3. The number of pupils who were: 33
(a) Administered a universal literacy screening pursuant to 34
NRS 388.441; 35
(b) Identified as having a reading disability, including, without 36
limitation, dyslexia; and 37
(c) Provided interventions by the school and the type of 38
interventions provided; and 39
4. Longitudinal data on the academic growth of the pupils 40
described in subsection 3 and pupils who did not receive services 41
after being administered the universal literacy screening pursuant 42
to NRS 388.441, reported separately by the grade level of the pupil. 43
Sec. 4. 1. The board of trustees of a school d istrict or 44
governing body of a charter school, as applicable, shall not: 45

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(a) Assign a teacher to a special education classroom unless 1
the teacher holds a license to teach special education. 2
(b) Reassign a teacher who holds a license to teach special 3
education, paraprofessional or instructional aide from his or her 4
assignment to serve as a substitute teacher in a general education 5
classroom. 6
2. A pupil shall only be placed in a special education 7
classroom after the individualized education program team for a 8
pupil has, to the maximum extent appropriate, provided for the 9
placement of the pupil in the least restrictive environment. 10
3. A special education classroom may provide instruction to a 11
pupil in the class to the extent that the individualized educ ation 12
program for the pupil authorizes such instruction. A special 13
education classroom: 14
(a) Shall have a teacher assigned to the classroom who holds 15
the appropriate endorsement issued pursuant to chapter 391 to 16
teach pupils with the specific disabilities exhibited; 17
(b) Shall, for pupils with specific learning disabilities and 18
speech and language impairments, be tailored toward instruction 19
and intervention for such disabilities; 20
(c) Have pupils placed into specific classrooms for moderate or 21
severe intellectual disabilities based on the needs of the pupil; 22
(d) Shall not have a difference of more than 3 years between 23
the age of the oldest pupil assigned to the classroom and the 24
youngest pupil assigned to the classroom; and 25
(e) Shall not contain only pupils enrolled in kindergarten. 26
4. A special education classroom that does not have a 27
paraprofessional or instructional aide assigned to the classroom 28
must contain not more than: 29
(a) Eight pupils with hearing impairments, including, without 30
limitation, deafness; 31
(b) Eight pupils with visual impairments, including, without 32
limitation, blindness; 33
(c) Three pupils with autism spectrum disorder; 34
(d) Nine pupils with emotional disturbances; 35
(e) Twelve pupils with mild intellectual disabilities; 36
(f) Ten pupils with moderate intellectual disabilities; 37
(g) Three pupils with severe intellectual disabilities; 38
(h) Ten pupils with mild or moderate speech and language 39
impairments; 40
(i) Eight pupils with severe speech and language impairments; 41
or 42
(j) Eight pupils with multiple disabilities. 43

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5. A special education classroom that does have a 1
paraprofessional or instructional aide assigned to the classroom 2
must maintain a ratio of not more than three pupils with: 3
(a) Autism spectrum disorder for each parapro fessional or 4
instructional aide; and 5
(b) Severe intellectual disabilities for each paraprofessional or 6
instructional aide. 7
6. A special education classroom shall have at least two 8
instructional aides assigned to the classroom when the classroom 9
contains: 10
(a) For a special education classroom for pupils enrolled in a 11
secondary school, more than six pupils. 12
(b) For a special education classroom for pupils enrolled in 13
preschool, more than eight pupils. 14
7. In a classroom in a secondary school in which a pull-out 15
program is provided to multiple pupils with disabilities by a 16
teacher using a general education curriculum adapted for 17
instruction of pupils with disabilities, the classroom must contain: 18
(a) If an instructional aide is not present, 12 pupils; and 19
(b) If an instructional aide is present, 16 pupils. 20
8. As used in this section: 21
(a) “General education classroom” means a classroom that is 22
primarily tailored for the instruction of pupils without disabilities. 23
(b) “Pull-out program” means a program to provide 24
instruction in at least one subject area to a pupil with a disability 25
by relocating the pupil from a general education classroom during 26
instruction in that subject area. 27
(c) “Special education classroom” means a classroom that is 28
primarily tailored for the instruction of pupils with disabilities and 29
contains pupils who have similar educational, behavioral and 30
other needs, in accordance with the individualized education 31
programs of such pupils. 32
Sec. 5. 1. The Department shall develop a plan to establish 33
stability in providing a program of special education to pupils. In 34
developing the plan, the Department shall consider, for a program 35
of special education, the consistency of the: 36
(a) Location in which special education services are provided; 37
(b) Curriculum of a program of special education; and 38
(c) Staffing for a program of special education. 39
2. When developing an individualized education program for 40
a pupil with a disability, including, without lim itation, autism 41
spectrum disorder, who is subject to a regression in his or her 42
ability to learn because of frequent changes in the location in 43
which special education services are provided, the individualized 44
education program team must consider, without limitation, the 45

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consistency of the location in which special education services are 1
provided when determining the placement of the pupil within the 2
public school. 3
Sec. 6. NRS 388.1321 is hereby amended to read as follows: 4
388.1321 1. The Legislature hereby declares that the 5
members of a governing body and all administrators and teachers 6
have a duty to create and provide a safe and respectful learning 7
environment for all pupils and staff members that is free of 8
discrimination based on race, bullying and cyber -bullying [.] and 9
predictable threats of bodily injury. 10
2. A parent or guardian of a pupil may petition a court of 11
competent jurisdiction for a writ of mandamus to compel the 12
performance of any duty imposed by the provisions of NRS 388.121 13
to 388.1395, inclusive. 14
3. Nothing in this section shall be deemed to preclude a parent 15
or guardian of a pupil from seeking any remedy available at law or 16
in equity. 17
Sec. 7. NRS 388.243 is hereby amended to read as follows: 18
388.243 1. Each emergency operations plan development 19
committee established by the board of trustees of a school district 20
shall develop one plan, which constitutes the minimum requirements 21
of a plan, to be used by a ll the public schools other than the charter 22
schools in the school district in responding to a crisis, emergency or 23
suicide and all other hazards. Each emergency operations plan 24
development committee established by the governing body of a 25
charter school shall develop a plan, which constitutes the minimum 26
requirements of a plan, to be used by the charter school in 27
responding to a crisis, emergency or suicide and all other hazards. 28
Each emergency operations plan development committee shall, 29
when developing the plan: 30
(a) Consult with local social service agencies and local public 31
safety agencies in the county in which its school district or charter 32
school is located. 33
(b) If the school district has an emergency manager designated 34
pursuant to NRS 388.262, consult with the emergency manager. 35
(c) If the school district has school resource officers, consult 36
with the school resource officer or a person designated by him or 37
her. 38
(d) If the school district has school police officers, consult with 39
the chief of s chool police of the school district or a person 40
designated by him or her. 41
(e) Consult with the director of the local organization for 42
emergency management or, if there is no local organization for 43
emergency management, with the Chief of the Division of 44

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Emergency Management of the Office of the Military or his or her 1
designee. 2
(f) Consult with the State Fire Marshal or his or her designee 3
and a representative of a local government responsible for 4
enforcement of the ordinances, codes or other regulations go verning 5
fire safety. 6
(g) Determine which persons and organizations in the 7
community, including, without limitation, a provider of mental 8
health services which is operated by a state or local agency, that 9
could be made available to assist pupils and staff in recovering from 10
a crisis, emergency or suicide. 11
2. The plan developed pursuant to subsection 1 must include, 12
without limitation: 13
(a) The plans, procedures and information included in the model 14
plan developed by the Department pursuant to NRS 388.253; 15
(b) A procedure for responding to a crisis or an emergency and 16
for responding during the period after a crisis or an emergency has 17
concluded, including, without limitation, a crisis or an emergency 18
that results in immediate physical harm to a pupil or em ployee of a 19
school in the school district or the charter school; 20
(c) A procedure for enforcing discipline within a school in the 21
school district or the charter school and for obtaining and 22
maintaining a safe and orderly environment during a crisis or an 23
emergency; 24
(d) The names of persons and organizations in the community, 25
including, without limitation, a provider of mental health services 26
which is operated by a state or local agency, that are available to 27
provide counseling and other services to pupils and staff of the 28
school to assist them in recovering from a crisis, emergency or 29
suicide; 30
(e) A plan for making the persons and organizations described in 31
paragraph (d) available to pupils and staff after a crisis, emergency 32
or suicide; 33
(f) A procedure f or responding to a crisis or an emergency that 34
occurs during an extracurricular activity which takes place on school 35
grounds; 36
(g) A plan which includes strategies to assist pupils and staff at a 37
school in recovering from a suicide; 38
(h) A description of the organizational structure which ensures 39
there is a clearly defined hierarchy of authority and responsibility 40
used by the school for the purpose of responding to a crisis, 41
emergency or suicide; 42
(i) If the school district has school police officers, a pl an to 43
coordinate with local law enforcement agencies to train school 44
police officers in active assailant movement techniques; 45

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(j) A plan to coordinate with local law enforcement agencies or 1
public safety organizations to provide active assailant training s to 2
each employee of the school; 3
(k) A plan to provide support to: 4
(1) Pupils who have experienced a crisis or emergency by 5
using trauma-informed and age-appropriate resources; and 6
(2) Members of the faculty and staff who have experienced a 7
crisis or emergency by using trauma-informed resources; 8
(l) A plan to ensure that members of the faculty and staff and a 9
pupil’s parents or legal guardians are notified of the occurrence, 10
development and conclusion of a crisis or an emergency through 11
any communica tion method established by a school, including, 12
without limitation, communicating through text message or 13
electronic mail; [and] 14
(m) A plan to inform, at least twice each academic year, a 15
pupil’s parent or legal guardian of any state requirement related t o 16
the storage of firearms, including, without limitation, the crimes and 17
penalties described in subsection 5 of NRS 202.300 and 202.3623 18
[.] ; 19
(n) A consideration of the needs of pupils with disabilities in a 20
crisis or emergency and a plan to inform loca l law enforcement 21
agencies or public safety organizations responding to a crisis or 22
emergency of the specific needs of each pupil with a disability, to 23
the extent authorized by the Family Educational Rights and 24
Privacy Act of 1974, 20 U.S.C. § 1232g; and 25
(o) A plan to demonstrate that the emergency operations plan 26
development committee has considered the individual needs of 27
each pupil with a disability within the school district who has an 28
individualized education program or a plan developed in 29
accordance with section 504 of the Rehabilitation Act of 1973, 29 30
U.S.C. § 794. 31
3. Each emergency operations plan development committee 32
shall provide for review a copy of the plan that it develops pursuant 33
to this section to the board of trustees of the school dist rict that 34
established the committee or the governing body of the charter 35
school that established the committee. 36
4. The board of trustees of the school district that established 37
the committee or the governing body of the charter school that 38
established the committee shall submit for review to the Division of 39
Emergency Management of the Office of the Military the plan 40
developed pursuant to this section. 41
5. Except as otherwise provided in NRS 388.249 and 388.251, 42
each public school must comply with the pla n developed for it 43
pursuant to this section. 44
6. As used in this section: 45

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(a) “Active assailant movement techniques” means any training 1
in the technical and tactical skills necessary for school police 2
officers to respond to a crisis or emergency concerni ng an active 3
assailant. 4
(b) “Active assailant training” means any training in responding 5
to a crisis or emergency concerning an active assailant that is 6
necessary to evacuate or secure the school. 7
Sec. 8. NRS 388.417 is hereby amended to read as follows: 8
388.417 As used in NRS 388.417 to 388.515, inclusive [:] , 9
and sections 1 to 5, inclusive, of this act: 10
1. “Autism spectrum disorder” has the meaning ascribed to 11
“autism” in 34 C.F.R. § 300.8(c)(1). 12
2. “Behavior int ervention plan” means a structured, 13
individualized plan designed to address challenging behaviors that 14
interfere with the ability of a pupil or his or her peers to learn. 15
Such a plan is based on the results of a functional behavior 16
assessment and includes specific and proactive strategies to: 17
(a) Reduce problematic behaviors; 18
(b) Teach and reinforce behaviors that are adaptive and 19
socially acceptable; 20
(c) Incorporate strategies for providing consequences and 21
teaching replacement behaviors; and 22
(d) Collect data to monitor the behavioral progress of a pupil 23
who has a behavior intervention plan. 24
3. “Communication mode” means any system or method of 25
communication used by a person with a disability, including, 26
without limitation, a person who is deaf or wh ose hearing is 27
impaired, to facilitate communication which may include, without 28
limitation: 29
(a) American Sign Language; 30
(b) English-based manual or sign systems; 31
(c) Oral and aural communication; 32
(d) Spoken and written English, including speech reading or lip 33
reading; and 34
(e) Communication with assistive technology devices. 35
[2.] 4. “Developmental delay” means a limitation, impairment 36
or delay in the learning capacity of a child between the ages of 3 37
and 9 years, based on the child exhibiting difficulties with: 38
(a) Receptive language; 39
(b) Expressive language; 40
(c) Cognitive abilities; 41
(d) Physical abilities; 42
(e) Social, emotional or adaptive functions; or 43
(f) Self-help skills , measured using appropriate diagnostic 44
instruments and procedures. 45

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5. “Due process hearing” means a hearing conducted 1
pursuant to 20 U.S.C. § 1415(f) -(i) and 34 C.F.R. §§ 2
300.507-300.512. 3
6. “Dyslexia” means a [neurological] neurobiological learning 4
disability characterized by difficulties with accurate and fluent word 5
recognition and poor spelling and decoding abilities that typically 6
result from a deficit in the phonological component of language. 7
Dyslexia is often unexpected in relation to other cognitive abilities 8
and may have secondary consequences, including: 9
(a) The provision of effective classroom instruction; 10
(b) Reading comprehension; 11
(c) Vocabulary growth; and 12
(d) The attainment of knowledge. 13
[3.] 7. “Dyslexia intervention” means [systematic,] structured, 14
multisensory approaches for intervention [offered in an appropriate 15
setting that is derived from evidence -based research. ] that 16
emphasize instruction in phonemic awareness, phonics and 17
decoding abilities. 18
[4.] 8. “Emotional disturbance” has the meaning ascribed to 19
it in 34 C.F.R. § 300.8(c)(4). 20
9. “Foundational literacy instruction” means an evidence -21
based method of reading instruction using the science of reading 22
that may be individualized and addresses the acquisition of 23
language, phonological and phonemic awareness, phonics and 24
spelling, reading fluency, vocabulary, oral language skills, speech 25
and reading comprehension. 26
10. “Free appropriate public education” has the meaning 27
ascribed to it in 20 U.S.C. § 1401(9). 28
11. “Individualized education program” has the meaning 29
ascribed to it in 20 U.S.C. § 1414(d)(1)(A). 30
[5.] 12. “Individualized education program team” has the 31
meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B). 32
[6.] 13. “Least restrictive environment” means the placement 33
of a pupil with a disability that complies with the provisions of 20 34
U.S.C. § 1412(5). 35
14. “Multi-tiered systems of support” means a three -tiered 36
method of providing research -based instruction and intervention 37
to a pupil with an individualized intensity that increases based on 38
the needs of the pupil and data that i s collected to measure the 39
efficacy of tools used in each tier. The tiers include: 40
(a) For tier one, universal literacy screenings and research -41
based core instructional and behavioral methodologies, practices 42
and supports designed for all pupils enrolled in programs of 43
general education; 44

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(b) For tier two, supplemental and targeted instruction and 1
interventions provided, in addition to and in alignment with, 2
effective core instruction and behavioral support, to a pupil who 3
needs such additional instructional or behavioral support; and 4
(c) For tier three, intensive instruction and behavioral support 5
developed using a problem -solving model that are provided, in 6
addition to and in alignment with, effective core instruction, to a 7
pupil to increase his or her rate of academic progress. 8
15. “Potential indicators of dyslexia or other reading 9
disabilities” includes, without limitation: 10
(a) Difficulty in acquiring language skills; 11
(b) An inability to comprehend oral or written language; 12
(c) Difficulty in rhyming words; 13
(d) Difficulty in naming and recognizing letters; 14
(e) Difficulty with sound-symbol recognition; 15
(f) Difficulty recognizing and recalling sight words; 16
(g) Consistent: 17
(1) Transposition of number sequences; 18
(2) Reversal of letters; 19
(3) Inversions of numbers and letters; and 20
(4) Incorrect substitutions of numbers and letters; 21
(h) Difficulty in replication of written words; and 22
(i) Blending sounds while speaking or reading. 23
16. “Problem-solving model” means a model used to match 24
instructional resources to educational needs by using data to 25
define problems, establish performance goals, develop intervention 26
plans, monitor progress and evaluate pupil outcomes. 27
17. “Provider of special education” means a school within a 28
school district or charter school that provides education or services 29
to pupils with disabilities or any other entity that is responsible for 30
providing education or services to a pupil with a disability for a 31
school district or charter school. 32
[7.] 18. “Pupil who receives early intervening services” means 33
a person enrolled in kindergarten or grades 1 to 12, inclusive, who is 34
not a pupil with a disability but who needs additional academic and 35
behavioral support to succeed in a regular school program. 36
[8.] 19. “Pupil with a disability” means a “child with a 37
disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is 38
under 22 years of age. 39
[9.] 20. “Reading proficiency” means the ability of a pupil to 40
achieve a result on a universal literacy screening, diagnostic 41
assessment, standardized assessment or other measure of 42
monitoring the progress of the pupil that is appropriate based on 43
his or her grade level. 44

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- *SB396_R1*
21. “Response to scientific, research -based intervention” 1
means a [collaborative] process of providing high -quality 2
instruction and interventions which [assesses] are matched to a 3
pupil’s [response to scientific, research -based intervention that is 4
matched to the needs of a pupil and that systematically monitors the 5
level of performance and rate of] needs by using the learning rate of 6
the pupil over time [for the purpose of making data-based] and the 7
level of performance of the pupil to make instructional decisions 8
[concerning the need of the pupil for increasingly intensified 9
services. 10
10.] for the pupil. 11
22. “Science of reading” means a method of using 12
interdisciplinary research to understand best practices for 13
providing literacy instruction. 14
23. “Screening period” means the period of time required to 15
administer a universal literacy screening pursuant to NRS 388.441 16
and determine the results of the screening. 17
24. “Specific learning disability” means a disorder in one or 18
more of the basic psychological processes involved in understanding 19
or using spoken or written language which is not primarily the result 20
of a visual, hearing or motor impairment, intellectual disability, 21
serious emotional disturbance, or an environmental, cultur al or 22
economic disadvantage. Such a disorder may manifest itself in an 23
imperfect ability to listen, think, speak, read, write, spell or perform 24
mathematical calculations. The term includes, without limitation, 25
perceptual disabilities, brain injury, minimal brain dysfunction, 26
dyslexia and developmental aphasia. 27
25. “Structured literacy” means a structured, systematic, 28
sequential, direct, explicit, diagnostic, prescriptive and 29
multisensory approach to providing reading instruction to pupils 30
that breaks dow n reading and spelling skills into individual 31
components. 32
26. “Supplemental reading instruction” means using the 33
science of reading, evidence-based, sequential, systematic, explicit 34
and cumulative methods of teaching phonemic awareness and 35
processing, ph onics and vocabulary skills to support the 36
development of the skills of a pupil in decoding, spelling, reading 37
fluency and comprehension so that the pupil possesses such skills 38
appropriate for a pupil enrolled in his or her grade. 39
27. “Universal literac y screening” means the method for 40
gathering information about the literacy skills of pupils to identify 41
or predict the risk of pupils experiencing reading difficulties and 42
inform instruction, differentiate targeted interventions, determine 43
if additional as sessments are required and evaluate the 44
effectiveness of curricula as a measure of outcomes, as prescribed 45

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pursuant to NRS 388.439 and administered pursuant to 1
NRS 388.441. 2
Sec. 9. NRS 388.419 is hereby amended to read as follows: 3
388.419 1. The Department shall: 4
(a) Prescribe a form that contains the basic information 5
necessary for the uniform development, review and revision of an 6
individualized education program for a pupil with a disability in 7
accordance with 20 U.S.C. § 1414(d); and 8
(b) Make the form available on a computer disc for use by 9
school districts and, upon request, in any other manner deemed 10
reasonable by the Department. 11
2. Except as otherwise provided in this subsection, each school 12
district shall ensu re that the form prescribed by the Department is 13
used for the development, review and revision of an individualized 14
education program for each pupil with a disability who receives 15
special education in the school district. A school district may use an 16
expanded form that contains additions to the form prescribed by the 17
Department if the basic information contained in the expanded form 18
complies with the form prescribed by the Department. 19
3. The State Board: 20
(a) Shall prescribe minimum standards for the spec ial education 21
of pupils with disabilities. 22
(b) May prescribe minimum standards for the provision of early 23
intervening services. 24
(c) Shall develop and issue guidelines to assist with developing 25
procedures and protocols for administering universal literacy 26
screenings pursuant to NRS 388.439. 27
4. The minimum standards prescribed by the State Board must 28
include standards for programs of instruction or special services 29
maintained for the purpose of serving pupils with: 30
(a) Hearing impairments, including, but not limited to, deafness. 31
(b) Visual impairments, including, but not limited to, blindness. 32
(c) Orthopedic impairments. 33
(d) Speech and language impairments. 34
(e) Intellectual disabilities. 35
(f) Multiple impairments. 36
(g) Emotional disturbances. 37
(h) Other health impairments. 38
(i) Specific learning disabilities. 39
(j) Autism spectrum disorders. 40
(k) Traumatic brain injuries. 41
(l) Developmental delays. 42
5. The minimum standards prescribed by the State Board for 43
pupils with hearing impairments, including, without limitation, 44

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- *SB396_R1*
deafness, pursuant to paragraph (a) of subsection 4 must comply 1
with: 2
(a) The Individuals with Disabilities Education Act, 20 U.S.C. 3
§§ 1400 et seq., and the regulations adopted pursuant thereto; 4
(b) The effective communica tion requirement of Title II of the 5
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et 6
seq., and the regulations adopted pursuant thereto; and 7
(c) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 8
794, and the regulations adopted pursuant thereto. 9
6. The minimum standards prescribed by the State Board for 10
pupils with dyslexia pursuant to paragraph (i) of subsection 4 must 11
include, without limitation : [, standards for instruction on: 12
(a) Phonemic awareness to enable a pupil to detect, segment, 13
blend and manipulate sounds in spoken language; 14
(b) Graphonomic knowledge for teaching the sounds associated 15
with letters in the English language; 16
(c) The structure of the English language, including, without 17
limitation, morphology, semantics, syntax and pragmatics; 18
(d) Linguistic instruction directed toward proficiency and 19
fluency with the patterns of language so that words and sentences 20
are carriers of meaning; and 21
(e) Strategies that a pupil may use for decoding, encoding, word 22
recognition, fluency and comprehension.] 23
(a) Tasks for teaching phoneme segmentation and 24
manipulation; 25
(b) Rapid naming skills, including, without limitation, sound -26
symbol recognition and fluency in naming letters; 27
(c) Phonological memory, including, without limitation, the 28
repetition of non-words, oral vocabulary and reading fluency; 29
(d) Decoding skills; 30
(e) Encoding skills; and 31
(f) Oral reading fluency for determining areas of difficulty. 32
7. The minimum standards prescribed by the State Board for 33
pupils with emotional disturbances, autism spectrum disorders or 34
developmental delays pursuant to paragraphs (g), (j) and (l) of 35
subsection 4 must include, without limitation, a requirement that: 36
(a) The individualized education program for a pupil with an 37
emotional disturbance, autism spectrum disorder or a 38
developmental delay provide for: 39
(1) Treatment from a behavior analyst; and 40
(2) When necessary to address the behavior of a pupil, the 41
development of a behavior intervention plan; 42
(b) Each public school shall: 43
(1) Require the assignment of a behavior analyst to each 44
classroom that contains a pupil with severe behaviors, an 45

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- *SB396_R1*
emotional disturbance, autism spectrum disorder or a 1
developmental delay; and 2
(2) Ensure that there is a ratio of at least one behavior 3
analyst for each two classrooms containing such pupils; 4
(c) Each behavior analyst assigned to a classroom pursuant to 5
paragraph (b) must provide regular consultations and assist in the 6
review of a behavior intervention plan; and 7
(d) Each pupil who receives special programs of instruction or 8
services due to a developmental delay must, upon reaching 10 9
years of age, be re -evaluated pursuant to NRS 388.433 to 10
determine whether the pupil requires additional services for pupils 11
with disabilities. 12
8. No apportionment of state money may be made to any 13
school district or charter school for the instruction of pupils with 14
disabilities until the program of instruction maintained therein for 15
such pupils is approved by the Superintendent of Public Instru ction 16
as meeting the minimum standards prescribed by the State Board. 17
[8.] 9. The Department shall, upon the request of the board of 18
trustees of a school district, provide information to the board of 19
trustees concerning the identification and evaluation of pupils with 20
disabilities in accordance with the standards prescribed by the State 21
Board. 22
[9.] 10. The Department shall post on the Internet website 23
maintained by the Department the data that is submitted to the 24
United States Secretary of Education pur suant to 20 U.S.C. § 1418 25
within 30 days after submission of the data to the Secretary in a 26
manner that does not result in the disclosure of data that is 27
identifiable to an individual pupil. 28
11. As used in this section, “behavior analyst” has the 29
meaning ascribed to it in NRS 641D.030. 30
Sec. 10. NRS 388.439 is hereby amended to read as follows: 31
388.439 1. [Except as otherwise provided in subsection 2, 32
the] The board of trustees of each school district shall prescribe for 33
use by the [elementary] schools located in the school district [an 34
early] a universal literacy screening [assessment] that [meets the 35
requirements set forth in subsection 3. ] must be provided to each 36
pupil enrolled in kindergarten or grade 1, 2, 3, 4, 5 or 6 in the 37
school district. 38
2. The governing body of each charter school that serves pupils 39
in kindergarten or grade 1, 2 , [or] 3 , 4, 5 or 6 shall prescribe [an 40
early] a universal literacy screening [assessment] for use by the 41
charter school that [meets the requirements set forth in subsection 42
3.] must be provided to each pupil enrolled in the charter school in 43
kindergarten or grade 1, 2, 3, 4, 5 or 6. 44

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- *SB396_R1*
3. The [early] universal literacy screening [assessment] 1
prescribed pursuant to subsection 1 or 2 must , [include,] without 2
limitation : [, screening for:] 3
(a) For each pupil, measure his or her: 4
(1) Phonological and phonemic awareness; 5
[(b)] (2) Sound-symbol recognition; 6
[(c) Alphabet knowledge; 7
(d)] (3) Decoding skills; 8
[(e) Rapid naming skills;] 9
(4) Reading fluency; 10
(5) Reading comprehension; [and 11
(f)] (6) Encoding skills [.] ; and 12
(7) Knowledge of the alphabet; 13
(b) Be developed and implemented using: 14
(1) Evidence-based strategies for assessing the literacy of a 15
pupil; 16
(2) Accepted and reliable instruments for conducting a 17
literacy screening for a pupil enrolled in kindergarten or grade 1, 18
2, 3, 4, 5 or 6, as appropriate; and 19
(3) Strategies for the analysis of data concerning assessing 20
the literacy of a pupil; and 21
(c) Identify pupils who have a potential reading disability, 22
including, without limitation, dyslexia. 23
4. A universal literacy screening prescribed pursuant to this 24
section must be administered to each applicable pupil at least twice 25
during each school year. The first universal literacy screening 26
must occur not later than 90 days after the first day of instruction 27
in the school year and be used to determine the reading 28
proficiency of the p upil. The board of trustees of each school 29
district and the governing body of each charter school that 30
administers a universal literacy screening must attempt to adhere 31
to best practices concerning the frequency of administering such 32
screenings. 33
5. The board of trustees of each school district and the 34
governing body of each charter school shall, not later than 20 days 35
after administering an initial universal literacy screening to a 36
pupil pursuant to this section: 37
(a) Provide a written notification to the parent or legal 38
guardian of the pupil of the pupil’s results on the universal 39
literacy screening. The notification must include: 40
(1) An identification of the results of the pupil on the 41
universal literacy screening and a comparison of his or her results 42
to the typical score for a pupil enrolled in the same grade level; 43

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- *SB396_R1*
(2) Information concerning services available to the pupil 1
based on his or her results on the universal literacy screening, 2
including, without limitation: 3
(I) Multi-tiered systems o f support for dyslexia 4
intervention; 5
(II) Foundational literacy instruction, structured 6
literacy and supplemental reading instruction necessary to 7
meeting the reading proficiency goals of the pupil; 8
(III) Information on resources for a pupil with dyslexia 9
and support provided to the pupil by the school district or charter 10
school for the parent or legal guardian of such a pupil; and 11
(IV) An explanation of the rights the parent or legal 12
guardian of the pupil may assert in accordance with the 13
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et 14
seq.; and 15
(3) A plan for providing the parent or legal guardian of the 16
pupil with regular updates concerning the progress of the pupil; 17
and 18
(b) Begin providing a pupil who shows indicator s of dyslexia 19
or literacy levels below those typical for a pupil enrolled in the 20
same grade level with individualized interventions, including, 21
without limitation, structured literacy. 22
6. The Department shall adopt regulations that set forth the 23
process by which data from the results of the universal literacy 24
screening are reported to the Department. 25
Sec. 11. NRS 388.441 is hereby amended to read as follows: 26
388.441 1. The board of trustees of a school district or the 27
governing body of a charter school, as applicable, shall administer 28
the [early] universal literacy screening [assessment] prescribed 29
pursuant to NRS 388.439 to each pupil enrolled in kindergarten or 30
grade 1, 2 , [or] 3 , 4, 5 or 6 who: 31
(a) Has exhibited at least one indicator of a learning disability, 32
including, without limitation, potential indicators [for] of dyslexia; 33
and 34
(b) Needs intervention. 35
2. If [an early ] a universal literacy screening [assessment] 36
administered pursuant to subsecti on 1 confirms that a pupil has 37
indicators for learning disabilities, including, without limitation, 38
dyslexia, or the parent or legal guardian of the pupil or a teacher, 39
school counselor or school psychologist employed by the school 40
district in which the pupil is enrolled requests additional screening 41
or evaluations, the board of trustees of a school district or 42
governing body of a charter school, as applicable, shall [address the 43
needs of] ensure that the pupil [through the response to scientific, 44
research-based intervention system of instruction. 45

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- *SB396_R1*
3. If the response to scientific, research -based intervention 1
system of instruction determines that a pupil needs ] receives 2
additional screening or evaluations in order to determine whether 3
the pupil has a specific learning disability, including, without 4
limitation, dyslexia . [: 5
(a) The pupil must receive additional testing by a trained 6
professional using a norm-referenced test; and 7
(b) The board of trustees of the school district or the governing 8
body of the charter school, as applicable, shall perform a 9
comprehensive evaluation for the pupil in addition to the required 10
response to scientific, research -based intervention system of 11
instruction.] 12
3. A universal literacy screening administered pursuant to 13
subsection 1 , and any additional screenings or evaluations 14
administered pursuant to subsection 2, must be administered by a 15
teacher or staff member who has received the professional 16
development required pursuant to paragraph (d) of subsection 2 of 17
section 2 of this act. 18
4. If there is no record of a pupil previously being screened 19
for reading disabilities, including, without limitation, dyslexia, the 20
board of trustees of a school district or the governing body of a 21
charter school, as applicable, must pr omptly administer the 22
universal literacy screening to the pupil. The universal literacy 23
screening must be administered: 24
(a) At the same time as the universal literacy screening is 25
administered to pupils enrolled in the same grade in which the 26
pupil is enrolled; or 27
(b) If the other pupils enrolled in the same grade in which the 28
pupil is enrolled have already received the universal literacy 29
screening, not later than 90 calendar days after the pupil enrolls 30
in the school district or charter school. 31
5. The board of trustees of each school district and the 32
governing body of each charter school shall, after receiving the 33
results of the universal literacy screening administered pursuant 34
to this section, meet with the administrators of each school within 35
the school district or the charter school, as applicable, and discuss 36
the results of the universal literacy screening and data for 37
monitoring the progress of pupils. An administrator that 38
participates in a meeting pursuant to this subsection must 39
disseminate the results and data to teachers assigned to the school 40
or charter school to which the administrator is assigned, as 41
applicable, for the purpose of providing guidance in planning and 42
providing appropriate instruction and evidence -based 43
interventions to pupils based on the results of each pupil on the 44

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- *SB396_R1*
universal literacy screening and any additional screening 1
conducted pursuant to subsection 2. 2
6. The board of trustees of a school district or governing body 3
of a charter school shall not administer the universal literacy 4
screening pursuant to this section for the purpose of delaying the 5
referral of a pupil for special education services. 6
Sec. 12. NRS 388.443 is hereby amended to read as follows: 7
388.443 When developing an individualized education 8
program for a pupil with dyslexia in accordance with NRS 388.419, 9
the pupil’s individualized education program team s hall consider, 10
without limitation : [, the following instructional approaches:] 11
1. Any existing evaluation data on the pupil, including, 12
without limitation, evaluations and related information provided 13
by the parent or legal guardian of the pupil, as required pursuant 14
to the Individuals with Disabilities Education Act, 20 U.S.C. 15
§ 1414(c)(1)(A)(i); 16
2. The concerns of the parent or legal guardian of the pupil 17
for enhancing the education of the pupil, as required pursuant to 18
20 U.S.C. § 1414(d)(3)(A)(ii); 19
3. The results of the pupil on the universal literacy screening 20
administered pursuant to NRS 388.441; 21
4. The framework established pursuant to subsection 3 of 22
section 2 of this act; 23
5. The least restrictive environment in which the pupil may be 24
placed; 25
6. The provision of an appropriate and evidence-based 26
approach for the instruction of pupils with dyslexia that is 27
provided by a teacher who holds an endorsement to teach pupils 28
with disabilities. Such an approach must be taught using 29
instructional approaches that include, without limitation: 30
(a) Methods of teaching literacy to a pupil that are 31
individualized to address the specific needs of the pupil; 32
(b) Explicit, direct instruction that is systematic, sequential and 33
cumulative and follows a logical plan of presenting the alphabetic 34
principle that targets the specific needs of the pupil; 35
[2.] (c) Individualized instruction to meet the specific needs of 36
the pupil [in an appropriate setting ] that uses intensive, highly -37
concentrated and specialized instruction methods and materials that 38
maximize pupil engagement; 39
[3.] (d) Meaning-based instruction directed at purposeful 40
reading and writing, with an emphasis on comprehension and 41
composition; and 42
[4.] (e) Multisensory instruction that incorporate s the 43
simultaneous use of two or more sensory pathways during teacher 44
presentations and pupil practice [.] ; and 45

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- *SB396_R1*
7. The use of multi -tiered systems of support to provide 1
dyslexia intervention, foundational literacy instruction, structured 2
literacy and supplemental reading instruction. 3
Sec. 13. NRS 388.463 is hereby amended to read as follows: 4
388.463 1. The Department shall maintain a list of hearing 5
officers who meet the qualifications prescribed pursuant to 20 6
U.S.C. § 1415(f)(3)(A) to conduct a due process hearing pursuant to 7
the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 8
et seq., r egarding the identification, evaluation, reevaluation, 9
classification, educational placement or disciplinary action of or 10
provision of a free appropriate public education to a pupil with a 11
disability. 12
2. Except as otherwise provided in subsection 4, upon the filing 13
of a complaint requiring a due process hearing described in 14
subsection 1, the Superintendent of Public Instruction shall select 15
three hearing officers from the list maintained by the Department 16
pursuant to subsection 1. The selection of the he aring officers must 17
be made on a random, rotational or other impartial basis and, in a 18
school district in which more than 50,000 pupils are enrolled, the 19
place of business of the hearing officer must, to the extent 20
practicable, be located in the school district. 21
3. The Superintendent of Public Instruction shall provide the 22
names of the three hearing officers selected pursuant to subsection 2 23
to the complainant and request the complainant to return to the 24
Superintendent a list which places the three names in the order of 25
preference of the complainant. The complainant must return the list 26
within 2 days. If the complainant returns the list, the Superintendent 27
must request the first hearing officer on the list to preside over the 28
hearing and if he or she is un available, the next person, until there 29
are no more hearing officers on the list. If the complainant does not 30
return the list within 2 days, the Superintendent must appoint a 31
hearing officer and may determine the order in which to request a 32
hearing officer to preside over the hearing. 33
4. If a due process hearing is required to be expedited pursuant 34
to 20 U.S.C. § 1415(k)(4), the Superintendent of Public Instruction 35
must select a hearing officer to preside over the hearing from the list 36
maintained by the D epartment pursuant to subsection 1. The 37
selection of the hearing officer must be made on a random, 38
rotational or other impartial basis and, in a school district in which 39
more than 50,000 pupils are enrolled, the place of business of the 40
hearing officer mus t, to the extent practicable, be located in the 41
school district. Before arranging an expedited due process 42
hearing, the board of trustees of the school district or governing 43
body of the charter school must provide the complainant with 44
information on free o r low -cost legal services available to the 45

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- *SB396_R1*
complainant. The hearing officer must base his or her decision in 1
an expedited due process hearing on the provisions of the 2
Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et 3
seq., and any regulations adopted pursuant thereto. The expedited 4
due process hearing must occur not later than 15 days after the 5
request for a due process hearing is filed. The hearing officer 6
must issue a decision not later than 10 school days after the 7
hearing has concluded. 8
5. The local educational agency or governing body of a charter 9
school involved in the complaint, as applicable, shall pay the cost of 10
the hearing, including, without limitation, any compensation to 11
which the hearing officer is entitled. 12
6. The decisio n of a hearing officer may be appealed by any 13
aggrieved party to the Department. The Department shall appoint a 14
State Review Officer to make a determination regarding an appeal 15
submitted pursuant to this subsection. The Officer must, without 16
limitation: 17
(a) Be an attorney admitted to the State Bar of Nevada; 18
(b) Demonstrate knowledge of the provisions of the Individuals 19
with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any 20
regulations adopted pursuant thereto, any relevant laws and 21
regulations of this State and any relevant case law; 22
(c) Possess the knowledge of and ability to conduct a hearing 23
and render and write a determination in accordance with 24
appropriate and standard legal practices; and 25
(d) Be impartial and possess no personal, pec uniary or 26
professional interest in the dispute submitted for an appeal 27
pursuant to this subsection. 28
7. The Officer must, subject to his or her own determination 29
or the good faith application of a party to the dispute submitted for 30
an appeal pursuant to s ubsection 6 recuse himself or herself from 31
the matter and notify the Department of the recusal if the Officer: 32
(a) Has been substantially involved in the development of any 33
state or local law, regulation, policy or procedure that is at issue in 34
the hearing or appeal; 35
(b) Has, at any time, been personally involved in any aspect of 36
the identification, evaluation or educational placement of the 37
pupil who is the subject of the due process hearing and the appeal 38
submitted pursuant to subsection 6, or any other similarly situated 39
pupils enrolled in the school district in which such a pupil is 40
enrolled; or 41
(c) Was previously, or currently is, employed by the 42
Department in a position that requires routine involvement in 43
developing policies or making decisio ns concerning the provision 44
of free appropriate public education to a pupil with a disability. 45

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- *SB396_R1*
8. If an Officer recuses himself or herself pursuant to 1
subsection 7, the Department shall appoint a new Officer to hear 2
the appeal submitted pursuant to subsection 6. 3
9. When a due process hearing or expedited due process 4
hearing is ongoing, the school in which the pupil involved in the 5
dispute is enrolled must comply with the provisions governing the 6
placement of such pupils set forth in 34 C.F.R. § 300.533. 7
10. At any time while a due process hearing or expedited due 8
process hearing is ongoing or awaiting a final decision, either 9
party to the dispute may submit to the hearing officer or State 10
Review Officer a written request for a temporary order of relie f, 11
accompanied by an affidavit or notarized statement stating the 12
specific relief sought and the justification for relief. The party 13
which submits a request for relief must provide a copy of the 14
request to the opposing party. A party may seek such relief 15
regarding: 16
(a) An interruption in the provision of special education 17
services to the pupil who is the subject of the dispute; 18
(b) Disciplinary action taken against the pupil, including, 19
without limitation, a manifestation determination or determination 20
of an interim alternate educational setting; 21
(c) The placement of the pupil while the due process hearing 22
or expedited due process hearing is ongoing or awaiting a final 23
decision; or 24
(d) The participation of the pupil in any graduation 25
ceremonies. 26
11. A hearing officer or State Review Officer may grant a 27
request for a temporary order of relief pursuant to subsection 10 if 28
he or she determines that: 29
(a) The petitioner will suffer irreparable harm if the requested 30
relief is not granted; 31
(b) The legal rig ht to relief has been established in relevant 32
case law; 33
(c) The petitioner is likely to prevail on the merits; and 34
(d) When the equities and interests of the parties are balanced, 35
the petitioner will suffer greater harm than the respondent if the 36
requested relief is not granted. 37
12. As used in this section [, “local] : 38
(a) “Expedited due process hearing” means a due process 39
hearing that is required to be expedited pursuant to 20 U.S.C. 40
§ 1415(k)(4). 41
(b) “Local educational agency” has the meaning ascribed to it in 42
20 U.S.C. § 1401(19). 43

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- *SB396_R1*
(c) “Manifestation determination” means a determination of 1
whether the conduct of a pupil is a manifestation of his or her 2
disability made pursuant to 34 C.F.R. § 300.530(e). 3
(d) “Officer” means the State Review Office r appointed 4
pursuant to subsection 6. 5
Sec. 13.5. NRS 392.466 is hereby amended to read as follows: 6
392.466 1. Except as otherwise provided in this section, any 7
pupil who sells or distributes any controlled substance while on the 8
premises of any public school, at an activity sponsored by a public 9
school or on any school bus shall meet with the school and his or 10
her parent or legal guardian. The school shall provide a plan of 11
action based on restorative justice to the p arent or legal guardian of 12
the pupil or, if the pupil is an unaccompanied pupil, the pupil. The 13
pupil may be suspended, expelled or permanently expelled from the 14
school, except that: 15
(a) A pupil who is less than 11 years of age may not be expelled 16
or permanently expelled pursuant to this subsection. 17
(b) A pupil who is less than 6 years of age may be suspended 18
pursuant to this subsection, and the suspension must be reviewed 19
and approved by the superintendent of the school district or the 20
administrative hea d of the charter school or university school for 21
profoundly gifted pupils, as applicable, or his or her designee. 22
(c) For a pupil with a disability who has been suspended or 23
expelled pursuant to this subsection, the school in which the pupil is 24
enrolled shall make available to the pupil a free appropriate public 25
education in compliance with the Individuals with Disabilities 26
Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the 27
pupil is suspended or expelled after the pupil has been removed for 28
10 cumulative days. 29
2. Except as otherwise provided in this section, any pupil who 30
commits a battery against an employee of the school while on the 31
premises of any public school, at an activity sponsored by a public 32
school or on any school bus shall meet with the school and his or 33
her parent or legal guardian. The school shall provide a plan of 34
action based on restorative justice to the parent or legal guardian of 35
the pupil or, if the pupil is an unaccompanied pupil, the pupil. The 36
pupil may be suspended, expelled or permanently expelled from the 37
school, except that: 38
(a) A pupil who is less than 8 years of age may not be expelled 39
or permanently expelled pursuant to this subsection. 40
(b) A pupil who is less than 6 years of age may be suspended 41
pursuant to this subsection, and the suspension must be reviewed 42
and approved by the superintendent of the school district or the 43
administrative head of the charter school or university school for 44
profoundly gifted pupils, as applicable, or his or her designee. 45

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(c) For a pupil with a disability who has been suspended or 1
expelled pursuant to this subsection, the school in which the pupil is 2
enrolled shall make available to the pupil a free appropriate public 3
education in compliance with the Individuals with Disabilitie s 4
Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the 5
pupil is suspended or expelled after the pupil has been removed for 6
10 cumulative days. 7
3. Except as otherwise provided in this section, any pupil who 8
commits a battery which is intende d to result in the bodily injury of 9
an employee of the school while on the premises of any public 10
school, at an activity sponsored by a public school or on any school 11
bus shall meet with the school and his or her parent or legal 12
guardian. The school shall provide a plan of action based on 13
restorative justice to the parent or legal guardian of the pupil or, if 14
the pupil is an unaccompanied pupil, the pupil. The pupil must be 15
suspended, expelled or permanently expelled from the school, 16
except that: 17
(a) A pupil who is less than 8 years of age may not be expelled 18
or permanently expelled pursuant to this subsection. 19
(b) A pupil who is less than 6 years of age may be suspended 20
pursuant to this subsection, and the suspension must be reviewed 21
and approved by the s uperintendent of the school district or the 22
administrative head of the charter school or university school for 23
profoundly gifted pupils, as applicable, or his or her designee. 24
(c) For a pupil with a disability who has been suspended or 25
expelled pursuant to this subsection, the school in which the pupil is 26
enrolled shall make available to the pupil a free appropriate public 27
education in compliance with the Individuals with Disabilities 28
Education Act, 20 U.S.C. §§ 1400 et seq., for each school day the 29
pupil is suspended or expelled after the pupil has been removed for 30
10 cumulative days. 31
4. An employee who is a victim of a battery which is intended 32
to result in the bodily injury of an employee of the school may 33
appeal to the school a plan of action provided pursuant to subsection 34
3 if: 35
(a) The employee feels any actions taken pursuant to such plan 36
are inappropriate; and 37
(b) For a pupil with a disability who committed the battery, the 38
board of trustees of the school district or the governing body of the 39
charter school or university school for profoundly gifted pupils, as 40
applicable, or its designee has reviewed the circumstances and 41
determined that such an appeal is in compliance with the Individuals 42
with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. 43
5. Except as otherwise provided in this section, any pupil, 44
including, without limitation, a pupil with a disability, who poses a 45

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- *SB396_R1*
continuing danger to persons or property or an ongoing threat of 1
disrupting the academic process or who is found in posses sion of a 2
dangerous weapon other than a firearm while on the premises of any 3
public school, at an activity sponsored by a public school or on any 4
school bus may be removed from the public school immediately 5
upon being given an explanation of the reasons fo r the removal of 6
the pupil and pending proceedings, which must be conducted as 7
soon as practicable after removal, for his or her suspension, 8
expulsion or permanent expulsion, except that: 9
(a) A pupil who is less than 11 years of age may not be expelled 10
or permanently expelled pursuant to this subsection. 11
(b) A pupil who is less than 6 years of age may be suspended 12
pursuant to this subsection only after the suspension is reviewed and 13
approved by the superintendent of the school district or the 14
administrative head of the charter school or university school for 15
profoundly gifted pupils, as applicable, or his or her designee. 16
(c) For a pupil with a disability who has been suspended or 17
expelled pursuant to this subsection, the public school in which the 18
pupil is enrolled shall make available to the pupil a free appropriate 19
public education in compliance with the Individuals with 20
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., for each 21
school day the pupil is suspended or expelled after th e pupil has 22
been removed for 10 cumulative days. 23
(d) Before a pupil with a disability is suspended or expelled 24
pursuant to this subsection, an administrator shall meet with the 25
individualized education program team for the pupil and 26
determine, in accordan ce with the Individuals with Disabilities 27
Education Act, 20 U.S.C. § 1415, that the behavior of the pupil is 28
not a manifestation of his or her disability. 29
6. Except as otherwise provided in this section, any pupil, 30
including, without limitation, a pupil with a disability, who is found 31
in possession of a firearm while on the premises of any public 32
school, at an activity sponsored by a public school or on any school 33
bus must be removed from the public school immediately upon 34
being given an explanation of t he reasons for the removal of the 35
pupil and pending proceedings, which must be conducted as soon as 36
practicable after removal, for his or her suspension, expulsion or 37
permanent expulsion. A pupil who is: 38
(a) Eleven years of age or older shall be suspended , expelled or 39
permanently expelled pursuant to this section. 40
(b) At least 8 but less than 11 years of age shall be suspended or 41
expelled pursuant to this subsection. 42
(c) At least 6 but less than 8 years of age may be suspended 43
pursuant to this subsection. 44

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- *SB396_R1*
(d) Less than 6 years of age may be suspended pursuant to this 1
subsection only after the suspension is reviewed and approved by 2
the superintendent of the school district or the administrative head 3
of the charter school or university school for profoundl y gifted 4
pupils, as applicable, or his or her designee. 5
(e) A pupil with a disability who has been suspended or expelled 6
pursuant to this subsection must be provided with a free appropriate 7
public education in compliance with the Individuals with 8
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., by the public 9
school in which the pupil is enrolled for each school day the pupil is 10
suspended or expelled after the pupil has been removed for 10 11
cumulative days. 12
7. If a school is unable to retain a pupil in the school pursuant 13
to subsections 1 to 6, inclusive, for the safety of any person or 14
because doing so would not be in the best interest of the pupil, the 15
pupil may be suspended, expelled or placed in another school. If a 16
pupil, including, without limitation, a pupil who is less than 11 years 17
of age, is placed in another school, the current school of the pupil 18
shall explain what services will be provided to the pupil at the new 19
school that the current school is unable to provide to address the 20
specific needs and behaviors of the pupil. The current school of the 21
pupil shall coordinate with the new school to create a plan of action 22
based on restorative justice for the pupil and to ensure that any 23
resources required to execute the plan of action based on res torative 24
justice are available at the new school. 25
8. Except as otherwise provided in this section, if a pupil is 26
deemed a habitual disciplinary problem pursuant to NRS 392.4655 27
and the school has made a reasonable effort to complete a plan of 28
action base d on restorative justice with the pupil, based on the 29
seriousness of the acts which were the basis for the discipline, the 30
pupil may be: 31
(a) Suspended from the school; or 32
(b) Expelled from the school under extraordinary circumstances 33
as determined by the principal of the school. 34
9. If the pupil is expelled, or the period of the pupil’s 35
suspension is for one school semester, the pupil must: 36
(a) Enroll in a private school pursuant to chapter 394 of NRS or 37
be homeschooled; 38
(b) Enroll in a program of ind ependent study provided pursuant 39
to NRS 389.155 for pupils who have been suspended or expelled 40
from public school or a program of distance education provided 41
pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies 42
for enrollment and is accepted for enrollment in accordance with the 43
requirements of the applicable program; or 44

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- *SB396_R1*
(c) Enroll in a program of alternative education provided by the 1
school district in which the pupil resides. Each school district shall, 2
alone or through a partnership with another school district, provide a 3
program of alternative education pursuant to this paragraph in an in-4
person setting that allows each pupil enrolled in the program to 5
receive educational services in the least restrictive educational 6
environment. 7
10. The superintendent of schools of a school district or the 8
administrative head of a charter school or university school for 9
profoundly gifted pupils, as applicable, may, for good cause shown 10
in a particular case in that school district or public school, as 11
applicable, allow a modification to a suspension or expulsion 12
pursuant to subsections 1 to 8, inclusive, if such modification is set 13
forth in writing. The superintendent or the administrative head of a 14
charter school or university school for profoundly gif ted pupils, as 15
applicable, shall allow such a modification if he or she determines 16
that a plan of action based on restorative justice may be used 17
successfully. 18
11. This section does not prohibit a pupil from having in his or 19
her possession a knife or fi rearm with the approval of the principal 20
of the school. A principal may grant such approval only in 21
accordance with the policies or regulations adopted by the board of 22
trustees of the school district or the governing body of the charter 23
school or universit y school for profoundly gifted pupils, as 24
applicable. 25
12. Except as otherwise provided in subsection 5 or 6, a pupil 26
with a disability who is at least 11 years of age may, in accordance 27
with the procedural policy adopted by the board of trustees of the 28
school district or the governing body of the charter school or 29
university school for profoundly gifted pupils, as applicable, for 30
such matters and only after the board of trustees of the school 31
district or governing body, as applicable, or its designee has 32
reviewed the circumstances with the individualized education 33
program team for the pupil and determined that the action is in 34
compliance with the Individuals with Disabilities Education Act, 20 35
U.S.C. §§ 1400 et seq., be: 36
(a) Suspended from school pursuant to this section for not more 37
than 10 days. Such a suspension may be imposed pursuant to 38
this paragraph for each occurrence of conduct proscribed by 39
subsection 1. 40
(b) Expelled from school pursuant to this section. 41
(c) Permanently expelled from school pursuant to this section. 42
13. A homeless pupil or a pupil in foster care may be 43
suspended from school pursuant to this section for not more than 5 44
days if, following a review of all available information, the principal 45

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- *SB396_R1*
determines that the conduct of the pupil poses an ongoing threat to 1
the pupil or other persons at the school and if a determination is 2
made that homelessness or being in foster care was not a factor in 3
the behavior that led to the consideration for suspension or 4
expulsion. The person respon sible for making a determination of 5
whether or not homelessness or being in foster care was a factor in 6
the behavior shall presume that homelessness or being in foster care 7
was not a factor in the behavior unless the person determines 8
otherwise pursuant to this subsection. A determination that 9
homelessness was not a factor in the behavior must be made in 10
consultation with the local educational agency liaison for homeless 11
pupils designated in accordance with the McKinney -Vento 12
Homeless Assistance Act of 1987 , 42 U.S.C. §§ 11301 et seq., or a 13
contact person at a school, including, without limitation, a school 14
counselor or school social worker. A determination that being in 15
foster care was not a factor in the behavior must be made in 16
consultation with an advoca te for pupils in foster care at the school 17
in which the pupil is enrolled or the school counselor of the pupil. 18
14. The principal of a public school may, at his or her 19
discretion, reduce or eliminate the period of suspension, convert an 20
expulsion to a su spension or otherwise reduce, eliminate or alter a 21
disciplinary action imposed upon a pupil who commits a battery 22
which results in the bodily injury of an employee of the school. 23
15. The principal of a public school may reduce the period of 24
suspension or convert an expulsion to a suspension for a pupil who 25
distributes a controlled substance while on the premises of a public 26
school, at an activity sponsored by a public school or on a school 27
bus if: 28
(a) The pupil is less than 11 years of age; 29
(b) The pupi l has not engaged in such proscribed conduct 30
before; and 31
(c) After a thorough review of the facts and circumstances, the 32
principal determines that the pupil did not know that the substance 33
being distributed was a controlled substance. 34
16. The provisions of chapter 241 of NRS do not apply to any 35
hearing or proceeding conducted pursuant to this section. Such 36
hearings or proceedings must be closed to the public. 37
17. As used in this section: 38
(a) “Battery” has the meaning ascribed to it in paragraph (a) of 39
subsection 1 of NRS 200.481. 40
(b) “Bodily injury” means any actual damage or injury to a 41
person that interferes with or is detrimental to the health of the 42
person and is more than merely accidental, transient or trifling in 43
nature. 44

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- *SB396_R1*
(c) “Dangerous weapon” includes, without limitation, a 1
blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk 2
or dagger, a nunchaku or trefoil, as defined in NRS 202.350, a 3
butterfly knife or any other knife described in NRS 202.350, a 4
switchblade knife as define d in NRS 202.265, or any other object 5
which is used, or threatened to be used, in such a manner and under 6
such circumstances as to pose a threat of, or cause, bodily injury to a 7
person. 8
(d) “Firearm” includes, without limitation, any pistol, revolver, 9
shotgun, explosive substance or device, and any other item included 10
within the definition of a “firearm” in 18 U.S.C. § 921, as that 11
section existed on July 1, 1995. 12
(e) “Foster care” has the meaning ascribed to it in 45 C.F.R. 13
§ 1355.20. 14
(f) “Homeless pup il” has the meaning ascribed to the term 15
“homeless children and youths” in 42 U.S.C. § 11434a(2). 16
(g) “Permanently expelled” means the disciplinary removal of a 17
pupil from the school in which the pupil is currently enrolled: 18
(1) Except as otherwise prov ided in subparagraph (2), 19
without the possibility of returning to the school in which the pupil 20
is currently enrolled or another public school within the school 21
district; and 22
(2) With the possibility of enrolling in a program or public 23
school for alterna tive education for pupils who are expelled or 24
permanently expelled after being permanently expelled. 25
(h) “Restorative justice” has the meaning ascribed to it in 26
NRS 392.472. 27
(i) “Unaccompanied pupil” has the meaning ascribed to the term 28
“unaccompanied youth” in 42 U.S.C. § 11434a(6). 29
18. The provisions of this section do not prohibit a pupil who is 30
suspended or expelled from enrolling in a charter school that is 31
designed exclusively for the enrollment of pupils with disciplinary 32
problems if the pupil i s accepted for enrollment by the charter 33
school pursuant to NRS 388A.453 or 388A.456. Upon request, the 34
governing body of a charter school must be provided with access to 35
the records of the pupil relating to the pupil’s suspension or 36
expulsion in accordance with applicable federal and state law before 37
the governing body makes a decision concerning the enrollment of 38
the pupil. 39
Sec. 13.7. The board of trustees of each school district and the 40
governing body of each charter school shall, on or before July 1, 41
2027, submit a report to the Director of the Legislative Counsel 42
Bureau for transmittal to the Joint Interim Standing Committee on 43
Education describing: 44

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- *SB396_R1*
1. The plans of the school district or charter school, as 1
applicable, for implementing the provisions of this act; 2
2. Any fiscal, staffing, logistical or other challenges that the 3
school district or charter school reasonably expects to encounter that 4
may impede implementation of the provisions of this act; and 5
3. Any progress the school district or charter school has made 6
towards implementing the provisions of this act. 7
Sec. 14. The provisions of NRS 354.599 do not apply to any 8
additional expenses of a local government that are related to the 9
provisions of this act. 10
Sec. 15. 1. This section and s ections 13 to 14, inclusive, of 11
this act become effective on July 1, 2025. 12
2. Sections 1 to 12, inclusive, of this act become effective on 13
July 1, 2027. 14

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