Nev. Admin. Code § 388.282 - Placement of pupil with disability in private school or facility

1. A public agency shall provide a pupil with a disability who is placed in or referred to a private school or facility by the public agency with special education and related services at no cost to the parents and in accordance with the pupil's individualized educational program and 34 C.F.R. § 300.325.

2. Except as otherwise provided in subsection 3, before a public agency places a pupil with a disability in or refers such a pupil to a private school or facility, the public agency shall initiate and conduct a meeting to develop an individualized educational program for the pupil. The public agency shall ensure that a representative of the private school attends the meeting. If a representative is unable to attend the meeting, the public agency shall use alternative methods to ensure participation by the private school or facility, including, without limitation, the use of a video conference, a telephone conference call or other means.

3. Notwithstanding the placement of a pupil in a private school or facility as provided in this section, the public agency:

(a) Remains responsible for implementing the individualized educational program of the pupil; and

(b) Must serve the pupil as it serves pupils with disabilities in public schools.

4. Except as otherwise provided in 34 C.F.R. § 300.156, a public agency shall ensure that a pupil with a disability who is placed in or referred to a private school or facility by the public agency is provided an education in compliance with the provisions of:

(a) Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., and the regulations adopted pursuant thereto; and

(b)NRS 388.417 to 388.5243, inclusive of this regulation, and NAC 388.001 to 388.450, inclusive of this regulation, and sections 2 to 10, inclusive of this regulation, and is afforded all the rights of a pupil with a disability who is served by a public agency.

Notes

Nev. Admin. Code § 388.282

Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 9-13-91; 11-23-93; R085-99, 2-16-2000; R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019

NRS 385.080 and 388.419