(Reprinted with amendments adopted on April 17, 2003)

 

Senate Bill No. 234–Committee on Human
Resources and Facilities

 

(On Behalf of the Clark County
School District)

 

March 4, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Requires Department of Education to conduct study of administrative due process hearings pursuant to Individuals with Disabilities Education Act. (BDR S‑452)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education; requiring the Department of Education to conduct a study of the system for administrative due process hearings conducted pursuant
to the Individuals with Disabilities Education Act; requiring the Department to submit a written report of its study to the Legislative Committee on Education; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. 1.  The Department of Education shall conduct a

1-2  study of the system for administrative due process hearings

1-3  conducted in this state pursuant to the Individuals with Disabilities

1-4  Education Act, 20 U.S.C. §§ 1400 et seq.

1-5  2.  In conducting the study, the Department shall work in

1-6  consultation with, and solicit the opinions of, the school districts,

1-7  parents and guardians, and parent groups organized to address the

1-8  needs of pupils with disabilities.

2-1  3.  The study must include, without limitation, a determination

2-2  of whether:

2-3  (a) The current system for administrative due process hearings

2-4  conducted in this state pursuant to the Individuals with Disabilities

2-5  Education Act is effective in meeting the needs of pupils with

2-6  disabilities, parents and guardians, and school districts; and

2-7  (b) Revisions to the current system are necessary to ensure that

2-8  the system is effective in meeting the needs of pupils with

2-9  disabilities, parents and guardians, and school districts, including,

2-10  without limitation, any revisions:

2-11          (1) That are designed to provide a more cost-effective and

2-12  efficient method of conducting hearings.

2-13          (2) To the requirements for the qualifications and

2-14  compensation of hearing officers.

2-15      4.  On or before September 1, 2004, the Department shall

2-16  submit a written report of its study to the Legislative Committee on

2-17  Education. The written report must include, without limitation, the

2-18  determinations made pursuant to subsection 3 and any

2-19  recommendations for legislation.

2-20      Sec. 2. This act becomes effective on July 1, 2003.

 

2-21  H