EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

2-1 Section 1. Chapter 388 of NRS is hereby amended by adding thereto

2-2 the provisions set forth as sections 2 to 10, inclusive, of this act.

2-3 Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the

2-4 context otherwise requires, the words and terms defined in sections 3, 4

2-5 and 5 of this act have the meanings ascribed to them in those sections.

2-6 Sec. 3. "Aversive intervention" means the intentional application of

2-7 any of the following to reduce or modify a specific behavior:

2-8 1. The use of noxious odors and tastes;

2-9 2. The use of water and other mists or sprays;

2-10 3. The use of blasts of air;

2-11 4. The use of electric shock;

2-12 5. The administration of chemical restraint to a person;

2-13 6. Requiring a person to obtain or maintain a physically extreme

2-14 position, excluding physical restraint;

2-15 7. Requiring a person to perform exercise under forced conditions;

2-16 8. Any intervention, technique or procedure that deprives a person of

2-17 the use of one or more of his senses, regardless of the length of the

2-18 deprivation;

2-19 9. The deprivation of necessities needed to sustain the health of a

2-20 person, regardless of the length of the deprivation;

2-21 10. The placement of a person alone in a room where release from

2-22 the room is prohibited by a mechanism, including, without limitation, a

2-23 lock, device or object positioned to hold the door closed or otherwise

2-24 positioned to prevent the person from leaving the room;

2-25 11. The use of mechanical restraints on a person for purposes other

2-26 than to provide proper body alignment to the person; or

2-27 12. The use of physical restraint.

2-28 Sec. 4. "Individualized education program" has the meaning

2-29 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

2-30 Sec. 5. "Individualized education program team" has the meaning

2-31 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

2-32 Sec. 6. 1. An aversive intervention may be used on a pupil with a

2-33 disability only if:

3-1 (a) The use of the aversive intervention is part of an individualized

3-2 plan for behavior modification designed for the pupil by an

3-3 individualized education program team; and

3-4 (b) Less intrusive or restrictive interventions have failed to modify the

3-5 behavior of the pupil or the behavior of the pupil is so severe that the use

3-6 of the aversive intervention is in his best interest.

3-7 2. A person shall not use an aversive intervention on a pupil with a

3-8 disability for the sole purpose of causing pain or discomfort to the pupil

3-9 with a disability or for the convenience of the person using the aversive

3-10 intervention.

3-11 Sec. 7. 1. The board of trustees of each county school district shall

3-12 form a committee on behavior management, consisting of at least one:

3-13 (a) School psychologist;

3-14 (b) Parent of a pupil with a disability attending a school within the

3-15 school district;

3-16 (c) Licensed school nurse; and

3-17 (d) Licensed teacher.

3-18 2. The committee on behavior management shall work in

3-19 consultation with a behavioral psychologist.

3-20 Sec. 8. 1. The board of trustees of each county school district shall

3-21 establish a plan for behavior management that identifies the policies and

3-22 procedures for using, prohibiting and monitoring the use of techniques

3-23 of behavior modification and behavior management, including the use of

3-24 aversive interventions. The plan must include, without limitation, a

3-25 procedure for reporting violations of the policies and procedures

3-26 established by the plan.

3-27 2. The plan for behavior management must:

3-28 (a) Promote the use of positive techniques of behavior modification;

3-29 (b) Provide guidelines concerning the relative restrictiveness of a

3-30 range of techniques of behavior modification, including aversive

3-31 interventions;

3-32 (c) Specify techniques of behavior management, including aversive

3-33 interventions, to be used as emergency interventions;

3-34 (d) Specify the programmatic use of techniques of behavior

3-35 modification, including aversive interventions;

3-36 (e) Prohibit the unauthorized use of techniques of behavior

3-37 management, including aversive interventions; and

3-38 (f) Set forth a process for reviewing violations of the policies and

3-39 procedures of the plan, and set forth corrective actions, including

3-40 disciplinary actions for willful violations.

3-41 3. A plan for behavior management established pursuant to this

3-42 section must be approved by the committee on behavior management

3-43 established by the school district pursuant to section 7 of this act.

4-1 Sec. 9. For the use of techniques of behavior management as

4-2 emergency interventions, a plan for behavior management established

4-3 pursuant to section 8 of this act must:

4-4 1. Specify the situations in which techniques of behavior

4-5 management may be used as emergency interventions. The use of

4-6 techniques of behavior management in such situations must be related to

4-7 the protection of the health and safety of:

4-8 (a) The pupil with a disability on whom the techniques are used; and

4-9 (b) The pupils, teachers and any other persons who are in the

4-10 immediate vicinity.

4-11 2. Specify which techniques of behavior management may be used in

4-12 each situation.

4-13 3. Specify which persons may authorize the application of techniques

4-14 of behavior management as emergency interventions and which persons

4-15 may apply such techniques.

4-16 4. Provide a procedure for the prompt reporting, in writing, of each

4-17 incident in which techniques of behavior management are used as

4-18 emergency interventions. Such reports must be made to the parents of the

4-19 pupil with a disability on whom the techniques were used and to the

4-20 person within the school district who is designated by the plan for

4-21 behavior management to receive such reports.

4-22 5. Provide for the regular review of reports of the use of techniques

4-23 of behavior management as emergency interventions, including:

4-24 (a) When applicable, the attachment to the reports of a statement

4-25 indicating any actions determined to be necessary to correct

4-26 inappropriate uses of any techniques of behavior management as

4-27 emergency interventions.

4-28 (b) The creation and maintenance of a cumulative record of the uses

4-29 of techniques of behavior management as emergency interventions. The

4-30 cumulative record may include any categories useful in tracking the use

4-31 of techniques of behavior management as emergency interventions,

4-32 including, without limitation, the type and frequency of emergency

4-33 interventions used per pupil, teacher, classroom or school.

4-34 (c) The submission of the cumulative reports, including the statement

4-35 of any corrective actions, to the committee on behavior management for

4-36 the school district not less often than quarterly.

4-37 (d) The submission of a report by the committee on behavior

4-38 management to the board of trustees of the school district at least once

4-39 each year, regarding the use of techniques of behavior management as

4-40 emergency interventions within the school district. The report may

4-41 include the recommendations of the committee for any changes in the

4-42 policies or procedures, or both, of the plan for behavior management,

4-43 relating to the use of such techniques as emergency interventions.

5-1 Sec. 10. For the programmatic use of techniques of behavior

5-2 modification that would use aversive interventions on a pupil with a

5-3 disability pursuant to an individualized plan for behavior modification

5-4 designed for that pupil, a plan for behavior management established

5-5 pursuant to section 8 of this act must:

5-6 1. Require that the target behavior to be modified be identified in the

5-7 current individualized education program of the pupil;

5-8 2. Require that the current individualized education program of the

5-9 pupil specify the reason that the target behavior must be modified;

5-10 3. Require that the current individualized education program of the

5-11 pupil describe previous plans for behavior modification that have been

5-12 applied to the target behavior and the results of those plans as applied;

5-13 4. Require that the current individualized education program team,

5-14 including the parent of the pupil, recommend the use of the aversive

5-15 intervention before it may be used to modify the target behavior of the

5-16 pupil; and

5-17 5. Specify that the individualized plan for behavior modification

5-18 using the aversive intervention for the pupil must:

5-19 (a) Be designed by a person qualified to design such a plan;

5-20 (b) Conform to the plan for behavior management approved by the

5-21 committee on behavior management;

5-22 (c) Be carried out by a person trained to conduct such a plan;

5-23 (d) Be monitored continuously, including requiring daily

5-24 documentation of the response of the pupil with a disability to the plan;

5-25 (e) Be reviewed at least monthly by persons qualified to design or

5-26 review such plans, and, if necessary, revised by the individualized

5-27 education program team; and

5-28 (f) Be reauthorized by the individualized education program team at

5-29 least quarterly.

5-30 Sec. 11. NRS 388.440 is hereby amended to read as follows:

5-31 388.440 As used in NRS 388.440 to 388.520, inclusive [:] , and

5-41 services.

6-1 Sec. 12. Chapter 394 of NRS is hereby amended by adding thereto the

6-2 provisions set forth as sections 13 to 22, inclusive, of this act.

6-3 Sec. 13. As used in sections 13 to 22, inclusive, of this act, unless the

6-4 context otherwise requires, the words and terms defined in sections 14 to

6-5 17, inclusive, of this act have the meanings ascribed to them in those

6-6 sections.

6-7 Sec. 14. "Aversive intervention" means the intentional application

6-8 of any of the following to reduce or modify a specific behavior:

6-9 1. The use of noxious odors and tastes;

6-10 2. The use of water and other mists or sprays;

6-11 3. The use of blasts of air;

6-12 4. The use of electric shock;

6-13 5. The administration of chemical restraint to a person;

6-14 6. Requiring a person to obtain or maintain a physically extreme

6-15 position, excluding physical restraint;

6-16 7. Requiring a person to perform exercise under forced conditions;

6-17 8. Any intervention, technique or procedure that deprives a person of

6-18 the use of one or more of his senses, regardless of the length of the

6-19 deprivation;

6-20 9. The deprivation of necessities needed to sustain the health of a

6-21 person, regardless of the length of the deprivation;

6-22 10. The placement of a person alone in a room where release from

6-23 the room is prohibited by a mechanism, including, without limitation, a

6-24 lock, device or object positioned to hold the door closed or otherwise

6-25 positioned to prevent the person from leaving the room;

6-26 11. The use of mechanical restraints on a person for purposes other

6-27 than to provide proper body alignment to the person; or

6-28 12. The use of physical restraint.

6-29 Sec. 15. "Individualized education program" has the meaning

6-30 ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

6-31 Sec. 16. "Individualized education program team" has the meaning

6-32 ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

6-33 Sec. 17. "Pupil with a disability" has the meaning ascribed to in

6-34 NRS 388.440.

6-35 Sec. 18. 1. An aversive intervention may be used on a pupil with a

6-36 disability only if:

6-37 (a) The use of the aversive intervention is part of an individualized

6-38 plan for behavior modification designed for the pupil by an

6-39 individualized education program team; and

6-40 (b) Less intrusive or restrictive interventions have failed to modify the

6-41 behavior of the pupil or the behavior of the pupil is so severe that the use

6-42 of the aversive intervention is in his best interest.

7-1 2. A person shall not use an aversive intervention on a pupil with a

7-2 disability for the sole purpose of causing pain or discomfort to the pupil

7-3 with a disability or for the convenience of the person using the aversive

7-4 intervention.

7-5 Sec. 19. 1. The governing body of each private school shall form a

7-6 committee on behavior management, consisting of at least one:

7-7 (a) School psychologist;

7-8 (b) Parent of a pupil with a disability attending the private school;

7-9 (c) Licensed school nurse; and

7-10 (d) Licensed teacher.

7-11 2. The committee on behavior management shall work in

7-12 consultation with a behavioral psychologist.

7-13 Sec. 20. 1. The governing body of each private school shall

7-14 establish a plan for behavior management that identifies the policies and

7-15 procedures for using, prohibiting and monitoring the use of techniques

7-16 of behavior modification and behavior management, including the use of

7-17 aversive interventions. The plan must include, without limitation, a

7-18 procedure for reporting violations of the policies and procedures

7-19 established by the plan.

7-20 2. The plan for behavior management must:

7-21 (a) Promote the use of positive techniques of behavior modification;

7-22 (b) Provide guidelines concerning the relative restrictiveness of a

7-23 range of techniques of behavior modification, including aversive

7-24 interventions;

7-25 (c) Specify techniques of behavior management, including aversive

7-26 interventions, to be used as emergency interventions;

7-27 (d) Specify the programmatic use of techniques of behavior

7-28 modifications, including aversive interventions;

7-29 (e) Prohibit the unauthorized use of techniques of behavior

7-30 management, including aversive interventions; and

7-31 (f) Set forth a process for reviewing violations of the policies and

7-32 procedures of the plan, and set forth corrective actions, including

7-33 disciplinary actions for willful violations.

7-34 3. A plan for behavior management established pursuant to this

7-35 section must be approved by the committee on behavior management

7-36 established pursuant to section 19 of this act.

7-37 Sec. 21. For the use of techniques of behavior management as

7-38 emergency interventions, a plan for behavior management established

7-39 pursuant to section 20 of this act must:

7-40 1. Specify the situations in which techniques of behavior

7-41 management may be used as emergency interventions. The use of

7-42 techniques of behavior management in such situations must be related to

7-43 the protection of the health and safety of:

8-1 (a) The pupil with a disability on whom the techniques are used; and

8-2 (b) The pupils, teachers and any other persons who are in the

8-3 immediate vicinity.

8-4 2. Specify which techniques of behavior management may be used in

8-5 each situation.

8-6 3. Specify which persons may authorize the application of techniques

8-7 of behavior management as emergency interventions and which persons

8-8 may apply such techniques.

8-9 4. Provide a procedure for the prompt reporting, in writing, of each

8-10 incident in which techniques of behavior management are used as

8-11 emergency interventions. Such reports must be made to the parents of the

8-12 pupil with a disability on whom the techniques were used and to the

8-13 person within the private school who is designated by the plan for

8-14 behavior management to receive such reports.

8-15 5. Provide for the regular review of reports of the use of techniques

8-16 of behavior management as emergency interventions, including:

8-17 (a) When applicable, the attachment to the reports of a statement

8-18 indicating any actions determined to be necessary to correct

8-19 inappropriate uses of any techniques of behavior management as

8-20 emergency interventions.

8-21 (b) The creation and maintenance of a cumulative record of the uses

8-22 of techniques of behavior management as emergency interventions. The

8-23 cumulative record may include any categories useful in tracking the use

8-24 of techniques of behavior management as emergency interventions,

8-25 including, without limitation, the type and frequency of emergency

8-26 interventions used per pupil, teacher, classroom or school.

8-27 (c) The submission of the cumulative reports, including the statement

8-28 of any corrective actions, to the committee on behavior management for

8-29 the private school not less often than quarterly.

8-30 (d) The submission of a report by the committee on behavior

8-31 management to the governing body of the private school at least once

8-32 each year, regarding the use of techniques of behavior management as

8-33 emergency interventions at the private school. The report may include

8-34 the recommendations of the committee for any changes in the policies or

8-35 procedures, or both, of the plan for behavior management, relating to the

8-36 use of such techniques as emergency interventions.

8-37 Sec. 22. For the programmatic use of techniques of behavior

8-38 modification that would use aversive interventions on a pupil with a

8-39 disability pursuant to an individualized plan for behavior modification

8-40 designed for that pupil, a plan for behavior management established

8-41 pursuant to section 20 of this act must:

8-42 1. Require that the target behavior to be modified be identified in the

8-43 current individualized education program of the pupil;

9-1 2. Require that the current individualized education program of the

9-2 pupil specify the reason that the target behavior must be modified;

9-3 3. Require that the current individualized education program of the

9-4 pupil describe previous plans for behavior modification that have been

9-5 applied to the target behavior and the results of those plans as applied;

9-6 4. Require that the current individualized education program team,

9-7 including the parent of the pupil, recommend the use of the aversive

9-8 intervention before it may be used to modify the target behavior of the

9-9 pupil; and

9-10 5. Specify that the individualized plan for behavior modification

9-11 using the aversive intervention for the pupil must:

9-12 (a) Be designed by a person qualified to design such a plan;

9-13 (b) Conform to the plan for behavior management approved by the

9-14 committee on behavior management;

9-15 (c) Be carried out by a person trained to conduct such a plan;

9-16 (d) Be monitored continuously, including requiring daily

9-17 documentation of the response of the pupil with a disability to the plan;

9-18 (e) Be reviewed at least monthly by persons qualified to design or

9-19 review such plans, and, if necessary, revised by the individualized

9-20 education program team; and

9-21 (f) Be reauthorized by the individualized education program team at

9-22 least quarterly.

9-23 Sec. 23. The provisions of subsection 1 of NRS 354.599 do not apply

9-24 to any additional expenses of a local government that are related to the

9-25 provisions of this act.