Nev. Rev. Stat. § 388.NEW

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 388.NEW - [Newly enacted section not yet numbered] [Transition Bill of Rights for Pupils with Disabilities]
1. This section may be cited as the Transition Bill of Rights for Pupils with Disabilities.
2. Except as otherwise specifically provided by law, each pupil with a disability who is enrolled in a public school or receiving services from a provider of special education and is receiving transition services through an individualized education program pursuant to 34 C.F.R. § 300.43 has the right to:
(a) Be provided notice of and invited to any meeting concerning his or her individualized education program at which transition services will be discussed.
(b) Attend all meetings concerning his or her individualized education program and be able to represent his or her desire concerning his or her:
(1) Training or education;
(2) Employment; and
(3) If appropriate, independent living.
(c) Be treated with respect and dignity by all teachers, paraprofessionals and other educational staff.
(d) Assist in the development of realistic, specific and measurable post-secondary goals in training, education, employment and, if appropriate, independent living for the pupil.
(e) Receive coordinated secondary transition services and related support services to help prepare the pupil to meet the measurable postsecondary goals established pursuant to paragraph (d). Such services must include, without limitation:
(1) An age-appropriate transition assessment;
(2) Instruction and related services;
(3) Community experiences;
(4) Assistance in developing objectives for employment and other life after the pupil ceases to attend school; and
(5) If appropriate, services to aid in developing skills for daily living and an evaluation of functional vocational skills.
(f) Communicate freely using methods of communication that are accessible to the pupil, including, without limitation, the preferred language of the pupil, concerning his or her strengths, interests, preferences and vision of his or her future for consideration when developing the transition plan.
(g) Have access to social interactions in school-based settings that are common to pupils of a similar age with persons with whom he or she chooses to interact. Such access must be provided to the same extent as pupils not receiving transition services through an individualized education program.
(h) Assist in developing annual goals and objectives reasonably calculated to promote progress toward achieving the measurable postsecondary goals developed pursuant to paragraph (d).
(i) Invite, or have assistance in inviting, appropriate outside agencies to any meeting concerning his or her individualized education program at which transition services will be discussed.
(j) Receive information necessary to identify, explore and connect with outside agencies, as appropriate, including, without limitation:
(1) The Bureau of Vocational Rehabilitation in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;
(2) The Aging and Disability Services Division of the Department of Health and Human Services;
(3) The Council on Developmental Disabilities established in this State pursuant to 42 U.S.C. § 15025; and
(4) The Statewide Independent Living Council established in this State pursuant to 29 U.S.C. § 796d.
(k) Receive information on appropriate programs of support, including, without limitation, the Supplemental Security Income Program, as defined in NRS 422A.075.
(l) Select a parent, family member, advocate, employee of this State or other person to act on his or her behalf, including, without limitation, as prescribed in NRS 388.459.
(m) As appropriate to his or her individualized education program, receive education in financial literacy, including, without limitation, information about the Nevada ABLE Savings Program established pursuant to NRS 427A.889, to assist the pupil in managing his or her financial affairs.
(n) Receive, as appropriate, the pre-employment transition services required by 34 C.F.R. § 361.48.
(o) Voice concerns and disagreements with his or her educational or transition services and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.
(p) Assist in the development of a course of study that is designed to provide the pupil with the ability to achieve his or her measurable post-secondary goals established pursuant to paragraph (d) and obtain a diploma.
(q) Receive information regarding potential consequences of attaining a diploma accessible to pupils with disabilities.
(r) As appropriate to his or her individualized education program, receive instruction in civil participation, including, without limitation, participation in the political process.
(s) Be notified, not less than 1 year before the pupil reaches 18 years of age, that any right accorded to the parent of a pupil with a disability pursuant to Part B of the Individuals with Disabilities Education Act, 20 U.S.C. § 1411 et seq., and the regulations adopted pursuant thereto, transfer to the pupil when he or she reaches 18 years of age.
3. The rights of a pupil with a disability set forth in subsection 2 do not abrogate any remedies provided by law.

NRS 388.NEW

Added by 2023, Ch. 374,§3, eff. 7/1/2023.