Nev. Admin. Code § 388.Sec. 10.1 - NEW

1. An individualized education program meeting convened pursuant to paragraph (a) of subsection 3 of NRS 432B.60847:

(a) May include, without limitation, any persons required to attend a meeting convened pursuant to paragraph (b) of subsection 3 of NRS 432B.60847; and

(b) May additionally include, to the extent allowed under the policy of the agency which provides child welfare services:

(1) The child, if developmentally appropriate;

(2) A parent of the child;

(3) A person who conducts a foster home in which the child has been placed;

(4) A fictive kin of the child; or

(5) A relative of the child.

2. The persons described in subsection 1 shall provide guidance to the agency which provides child welfare services and the court concerning the appropriateness of a residential placement under federal law as it relates to the education needs of the child. Any such guidance is not an authoritative determination concerning placement under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto.

3. When providing guidance pursuant to subsection 2, the persons described in subsection 1 shall consider the ability of the facility which provides residential treatment for mental illness to:

(a) Comply with the individualized education program or services plan established for the child;

(b) Comply with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto;

(c) Comply with NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto; and

(d) Provide or ensure access to any integrated student supports that the child needs.

4. When performing the duties required by subsection 3 of NRS 432B.60847 with respect to a child who is a pupil with a disability and who is enrolled in a school with special enrollment procedures, a public or private school and any other persons involved in the performance of those duties shall consider any measures necessary to facilitate the return of the child to that school following discharge from the facility which provides residential treatment for mental illness.

5. A public or private school or school district described in subsection 3 of NRS 432B.60847 must be invited to participate in any meetings to review the individualized education plan or services plan established for a child described in that subsection who is a pupil with a disability to:

(a) Facilitate the monitoring required by paragraph (c) of subsection 3 of NRS 432B.60847; and

(b) Discuss compliance with all applicable federal and state laws prescribing the educational rights of the child.

Notes

Nev. Admin. Code § 388.Sec. 10.1

Added to NAC by Bd. of Education by R131-22A, eff. 10/23/2024

NRS 385.080, 388.419