Nevada 2023 Regular Session

Nevada Senate Bill SB315 Compare Versions

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Old	New	Differences
1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 315–Senators Scheible, Spearman;
5	5	and D. Harris
6	6
7	7	CHAPTER..........
8	8
9	9	AN ACT relating to persons with disabilities; prescribing certain
10	10	rights for persons with disabilities who are receiving certain
11	11	home and community-based services and persons who are
12	12	aged receiving such services; prescribing certain rights for
13	13	pupils with disabilities who are receiving certain services
14	14	through an individualized education program; and providing
15	15	other matters properly relating thereto.
16	16	Legislative Counsel’s Digest:
17	17	Existing federal law authorizes states to implement certain home and
18	18	community-based services for persons who are elderly or disabled. (42 U.S.C. §
19	19	1396n) Section 1 of this bill prescribes certain rights for persons with an
20	20	intellectual disability, developmental disability or physical disability who are
21	21	receiving such services or who are aged and receiving such services. Section 2 of
22	22	this bill makes a conforming change to indicate the proper placement of section 1
23	23	in the Nevada Revised Statutes.
24	24	Existing law requires public schools to provide special programs and services
25	25	for pupils with disabilities. (NRS 388.419, 388.429) Section 3 of this bill prescribes
26	26	certain rights for pupils with disabilities who are enrolled in a public school or
27	27	receiving services from a provider of special education and receiving transition
28	28	services through an individualized education program. Section 4 of this bill makes
29	29	a conforming change to indicate the proper placement of section 3 in the Nevada
30	30	Revised Statutes.
31	31
32	32	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
33	33
34	34
35	35	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
36	36	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
37	37
38	38	Section 1. Chapter 422 of NRS is hereby amended by adding
39	39	thereto a new section to read as follows:
40	40	1. This section may be cited as the Bill of Rights for Persons
41	41	with Intellectual, Developmental or Physical Disabilities or who
42	42	are Aged.
43	43	2. Except as otherwise specifically provided by law, each
44	44	person with an intellectual disability, developmental disability or
45	45	physical disability who is receiving services pursuant to a home
46	46	and community-based services waiver granted pursuant to 42
47	47	U.S.C. § 1396n, and each person who is aged and is receiving
48	48	such services, has, to the extent applicable to the services received
49	49	by the person and appropriate for the person pursuant to the home
50	50	and community-based services waiver, the right to:
51	51	– 2 –
52	52
53	53
54	54	- 82nd Session (2023)
55	55	(a) Participate in decisions that affect the life of the person,
56	56	including, without limitation, decisions relating to:
57	57	(1) The finances and personal property of the person;
58	58	(2) The location where the person resides; and
59	59	(3) The development and implementation of any plan for
60	60	delivering services and the frequency with which services are
61	61	delivered pursuant to the home and community-based services
62	62	waiver.
63	63	(b) Be treated with respect and dignity.
64	64	(c) An appropriate, safe and sanitary living environment that
65	65	complies with all local, state and federal standards and recognizes
66	66	the needs of the person for privacy and independence.
67	67	(d) Food that is adequate to meet the nutritional needs of the
68	68	person.
69	69	(e) Practice the religion of his or her choice or abstain from
70	70	the practice of any religion.
71	71	(f) Receive timely, effective and appropriate health care.
72	72	(g) Receive ancillary services, to the extent necessary for the
73	73	person.
74	74	(h) Maintain privacy and confidentiality in personal matters.
75	75	(i) Communicate freely with persons of his or her choice and
76	76	in any reasonable manner he or she chooses.
77	77	(j) Own and use personal property.
78	78	(k) Have social interactions with persons of any sex or gender
79	79	identity or expression.
80	80	(l) Pursue vocational opportunities to promote and enhance
81	81	the economic independence of the person.
82	82	(m) Be treated as an equal citizen under the law.
83	83	(n) Be free from emotional, psychological, physical and
84	84	financial abuse.
85	85	(o) Participate in appropriate programs of education, training,
86	86	social development, habilitation and reasonable recreation,
87	87	including, without limitation, a class at or other program
88	88	administered by a university, college, community college or trade
89	89	school.
90	90	(p) Select a parent, family member, advocate, employee of this
91	91	State or other person to act on his or her behalf, including,
92	92	without limitation, by entering into a supported decision-making
93	93	agreement pursuant to NRS 162C.200.
94	94	(q) Manage his or her own personal finances.
95	95	(r) Have his or her personal and medical records kept
96	96	confidential to the extent provided by state and federal law.
97	97	– 3 –
98	98
99	99
100	100	- 82nd Session (2023)
101	101	(s) Voice grievances and suggest changes in policies, services
102	102	and providers of services without restraint, interference, coercion,
103	103	discrimination or reprisal.
104	104	(t) Be free from unnecessary chemical, physical or mechanical
105	105	restraints.
106	106	(u) Participate in the political process.
107	107	(v) Refuse to participate in any medical, psychological or other
108	108	research or experiment.
109	109	3. The rights set forth in subsection 2 do not abrogate any
110	110	remedies provided by law.
111	111	4. As used in this section:
112	112	(a) “Developmental disability” has the meaning ascribed to it
113	113	in NRS 435.007.
114	114	(b) “Intellectual disability” has the meaning ascribed to it in
115	115	NRS 435.007.
116	116	Sec. 2. NRS 232.320 is hereby amended to read as follows:
117	117	232.320 1. The Director:
118	118	(a) Shall appoint, with the consent of the Governor,
119	119	administrators of the divisions of the Department, who are
120	120	respectively designated as follows:
121	121	(1) The Administrator of the Aging and Disability Services
122	122	Division;
123	123	(2) The Administrator of the Division of Welfare and
124	124	Supportive Services;
125	125	(3) The Administrator of the Division of Child and Family
126	126	Services;
127	127	(4) The Administrator of the Division of Health Care
128	128	Financing and Policy; and
129	129	(5) The Administrator of the Division of Public and
130	130	Behavioral Health.
131	131	(b) Shall administer, through the divisions of the Department,
132	132	the provisions of chapters 63, 424, 425, 427A, 432A to 442,
133	133	inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS
134	134	127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and
135	135	section 1 of this act, 422.580, 432.010 to 432.133, inclusive,
136	136	432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive,
137	137	and 445A.010 to 445A.055, inclusive, and all other provisions of
138	138	law relating to the functions of the divisions of the Department, but
139	139	is not responsible for the clinical activities of the Division of Public
140	140	and Behavioral Health or the professional line activities of the other
141	141	divisions.
142	142	(c) Shall administer any state program for persons with
143	143	developmental disabilities established pursuant to the
144	144	– 4 –
145	145
146	146
147	147	- 82nd Session (2023)
148	148	Developmental Disabilities Assistance and Bill of Rights Act of
149	149	2000, 42 U.S.C. §§ 15001 et seq.
150	150	(d) Shall, after considering advice from agencies of local
151	151	governments and nonprofit organizations which provide social
152	152	services, adopt a master plan for the provision of human services in
153	153	this State. The Director shall revise the plan biennially and deliver a
154	154	copy of the plan to the Governor and the Legislature at the
155	155	beginning of each regular session. The plan must:
156	156	(1) Identify and assess the plans and programs of the
157	157	Department for the provision of human services, and any
158	158	duplication of those services by federal, state and local agencies;
159	159	(2) Set forth priorities for the provision of those services;
160	160	(3) Provide for communication and the coordination of those
161	161	services among nonprofit organizations, agencies of local
162	162	government, the State and the Federal Government;
163	163	(4) Identify the sources of funding for services provided by
164	164	the Department and the allocation of that funding;
165	165	(5) Set forth sufficient information to assist the Department
166	166	in providing those services and in the planning and budgeting for the
167	167	future provision of those services; and
168	168	(6) Contain any other information necessary for the
169	169	Department to communicate effectively with the Federal
170	170	Government concerning demographic trends, formulas for the
171	171	distribution of federal money and any need for the modification of
172	172	programs administered by the Department.
173	173	(e) May, by regulation, require nonprofit organizations and state
174	174	and local governmental agencies to provide information regarding
175	175	the programs of those organizations and agencies, excluding
176	176	detailed information relating to their budgets and payrolls, which the
177	177	Director deems necessary for the performance of the duties imposed
178	178	upon him or her pursuant to this section.
179	179	(f) Has such other powers and duties as are provided by law.
180	180	2. Notwithstanding any other provision of law, the Director, or
181	181	the Director’s designee, is responsible for appointing and removing
182	182	subordinate officers and employees of the Department.
183	183	Sec. 3. Chapter 388 of NRS is hereby amended by adding
184	184	thereto a new section to read as follows:
185	185	1. This section may be cited as the Transition Bill of Rights
186	186	for Pupils with Disabilities.
187	187	2. Except as otherwise specifically provided by law, each
188	188	pupil with a disability who is enrolled in a public school or
189	189	receiving services from a provider of special education and is
190	190	– 5 –
191	191
192	192
193	193	- 82nd Session (2023)
194	194	receiving transition services through an individualized education
195	195	program pursuant to 34 C.F.R. § 300.43 has the right to:
196	196	(a) Be provided notice of and invited to any meeting
197	197	concerning his or her individualized education program at which
198	198	transition services will be discussed.
199	199	(b) Attend all meetings concerning his or her individualized
200	200	education program and be able to represent his or her desire
201	201	concerning his or her:
202	202	(1) Training or education;
203	203	(2) Employment; and
204	204	(3) If appropriate, independent living.
205	205	(c) Be treated with respect and dignity by all teachers,
206	206	paraprofessionals and other educational staff.
207	207	(d) Assist in the development of realistic, specific and
208	208	measurable post-secondary goals in training, education,
209	209	employment and, if appropriate, independent living for the pupil.
210	210	(e) Receive coordinated secondary transition services and
211	211	related support services to help prepare the pupil to meet the
212	212	measurable postsecondary goals established pursuant to
213	213	paragraph (d). Such services must include, without limitation:
214	214	(1) An age-appropriate transition assessment;
215	215	(2) Instruction and related services;
216	216	(3) Community experiences;
217	217	(4) Assistance in developing objectives for employment and
218	218	other life after the pupil ceases to attend school; and
219	219	(5) If appropriate, services to aid in developing skills for
220	220	daily living and an evaluation of functional vocational skills.
221	221	(f) Communicate freely using methods of communication that
222	222	are accessible to the pupil, including, without limitation, the
223	223	preferred language of the pupil, concerning his or her strengths,
224	224	interests, preferences and vision of his or her future for
225	225	consideration when developing the transition plan.
226	226	(g) Have access to social interactions in school-based settings
227	227	that are common to pupils of a similar age with persons with
228	228	whom he or she chooses to interact. Such access must be provided
229	229	to the same extent as pupils not receiving transition services
230	230	through an individualized education program.
231	231	(h) Assist in developing annual goals and objectives
232	232	reasonably calculated to promote progress toward achieving the
233	233	measurable postsecondary goals developed pursuant to
234	234	paragraph (d).
235	235	– 6 –
236	236
237	237
238	238	- 82nd Session (2023)
239	239	(i) Invite, or have assistance in inviting, appropriate outside
240	240	agencies to any meeting concerning his or her individualized
241	241	education program at which transition services will be discussed.
242	242	(j) Receive information necessary to identify, explore and
243	243	connect with outside agencies, as appropriate, including, without
244	244	limitation:
245	245	(1) The Bureau of Vocational Rehabilitation in the
246	246	Rehabilitation Division of the Department of Employment,
247	247	Training and Rehabilitation;
248	248	(2) The Aging and Disability Services Division of the
249	249	Department of Health and Human Services;
250	250	(3) The Council on Developmental Disabilities established
251	251	in this State pursuant to 42 U.S.C. § 15025; and
252	252	(4) The Statewide Independent Living Council established
253	253	in this State pursuant to 29 U.S.C. § 796d.
254	254	(k) Receive information on appropriate programs of support,
255	255	including, without limitation, the Supplemental Security Income
256	256	Program, as defined in NRS 422A.075.
257	257	(l) Select a parent, family member, advocate, employee of this
258	258	State or other person to act on his or her behalf, including,
259	259	without limitation, as prescribed in NRS 388.459.
260	260	(m) As appropriate to his or her individualized education
261	261	program, receive education in financial literacy, including,
262	262	without limitation, information about the Nevada ABLE Savings
263	263	Program established pursuant to NRS 427A.889, to assist the pupil
264	264	in managing his or her financial affairs.
265	265	(n) Receive, as appropriate, the pre-employment transition
266	266	services required by 34 C.F.R. § 361.48.
267	267	(o) Voice concerns and disagreements with his or her
268	268	educational or transition services and suggest changes in policies,
269	269	services and providers of services without restraint, interference,
270	270	coercion, discrimination or reprisal.
271	271	(p) Assist in the development of a course of study that is
272	272	designed to provide the pupil with the ability to achieve his or her
273	273	measurable post-secondary goals established pursuant to
274	274	paragraph (d) and obtain a diploma.
275	275	(q) Receive information regarding potential consequences of
276	276	attaining a diploma accessible to pupils with disabilities.
277	277	(r) As appropriate to his or her individualized education
278	278	program, receive instruction in civil participation, including,
279	279	without limitation, participation in the political process.
280	280	(s) Be notified, not less than 1 year before the pupil reaches 18
281	281	years of age, that any right accorded to the parent of a pupil with a
282	282	– 7 –
283	283
284	284
285	285	- 82nd Session (2023)
286	286	disability pursuant to Part B of the Individuals with Disabilities
287	287	Education Act, 20 U.S.C. § 1411 et seq., and the regulations
288	288	adopted pursuant thereto, transfer to the pupil when he or she
289	289	reaches 18 years of age.
290	290	3. The rights of a pupil with a disability set forth in
291	291	subsection 2 do not abrogate any remedies provided by law.
292	292	Sec. 4. NRS 388.417 is hereby amended to read as follows:
293	293	388.417 As used in NRS 388.417 to 388.515, inclusive [:] ,
294	294	and section 3 of this act:
295	295	1. “Communication mode” means any system or method of
296	296	communication used by a person with a disability, including,
297	297	without limitation, a person who is deaf or whose hearing is
298	298	impaired, to facilitate communication which may include, without
299	299	limitation:
300	300	(a) American Sign Language;
301	301	(b) English-based manual or sign systems;
302	302	(c) Oral and aural communication;
303	303	(d) Spoken and written English, including speech reading or lip
304	304	reading; and
305	305	(e) Communication with assistive technology devices.
306	306	2. “Dyslexia” means a neurological learning disability
307	307	characterized by difficulties with accurate and fluent word
308	308	recognition and poor spelling and decoding abilities that typically
309	309	result from a deficit in the phonological component of language.
310	310	3. “Dyslexia intervention” means systematic, multisensory
311	311	intervention offered in an appropriate setting that is derived from
312	312	evidence-based research.
313	313	4. “Individualized education program” has the meaning
314	314	ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
315	315	5. “Individualized education program team” has the meaning
316	316	ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
317	317	6. “Provider of special education” means a school within a
318	318	school district or charter school that provides education or services
319	319	to pupils with disabilities or any other entity that is responsible for
320	320	providing education or services to a pupil with a disability for a
321	321	school district or charter school.
322	322	7. “Pupil who receives early intervening services” means a
323	323	person enrolled in kindergarten or grades 1 to 12, inclusive, who is
324	324	not a pupil with a disability but who needs additional academic and
325	325	behavioral support to succeed in a regular school program.
326	326	8. “Pupil with a disability” means a “child with a disability,” as
327	327	that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22
328	328	years of age.
329	329	– 8 –
330	330
331	331
332	332	- 82nd Session (2023)
333	333	9. “Response to scientific, research-based intervention” means
334	334	a collaborative process which assesses a pupil’s response to
335	335	scientific, research-based intervention that is matched to the needs
336	336	of a pupil and that systematically monitors the level of performance
337	337	and rate of learning of the pupil over time for the purpose of making
338	338	data-based decisions concerning the need of the pupil for
339	339	increasingly intensified services.
340	340	10. “Specific learning disability” means a disorder in one or
341	341	more of the basic psychological processes involved in understanding
342	342	or using spoken or written language which is not primarily the result
343	343	of a visual, hearing or motor impairment, intellectual disability,
344	344	serious emotional disturbance, or an environmental, cultural or
345	345	economic disadvantage. Such a disorder may manifest itself in an
346	346	imperfect ability to listen, think, speak, read, write, spell or perform
347	347	mathematical calculations. The term includes, without limitation,
348	348	perceptual disabilities, brain injury, minimal brain dysfunction,
349	349	dyslexia and developmental aphasia.
350	350	Sec. 5. This act becomes effective on July 1, 2023.
351	351
352	352	20 ~~~~~ 23