Nevada Administrative Code
Chapter 388 - System of Public Instruction
Section 388.Sec. 1 - NEW

Universal Citation: NV Admin Code 388.Sec. 1

Current through December 12, 2024

1. If a child who is in the custody of an agency which provides child welfare services is enrolled in a school district or charter school when he or she is admitted to a psychiatric hospital or a facility which provides residential treatment for mental illness pursuant to NRS 432B.6076, the school district or charter school shall not terminate the enrollment of the child.

2. If a child who is in the custody of an agency which provides child welfare services located in a county whose population is 100,000 or more is not enrolled in a school district or charter school when he or she is admitted to a psychiatric hospital or a facility which provides residential treatment for mental illness pursuant to NRS 432B.6076, the school district of the county must enroll the child upon the request of the agency which provides child welfare services.

3. If a child who is in the custody of an agency which provides child welfare services located in a county whose population is less than 100,000 is not enrolled in a school district or charter school when he or she is admitted to a psychiatric hospital or a facility which provides residential treatment for mental illness pursuant to NRS 432B.6076, any school district in this State must enroll the child upon the request of the agency which provides child welfare services.

4. If a child who is a pupil with a disability and is in the custody of an agency which provides child welfare services is admitted to a psychiatric hospital or a facility which provides residential treatment for mental illness pursuant to NRS 432B.6076, the school district or charter school in which the child is enrolled pursuant to this section is deemed to be the local educational agency for the child for the purposes of:

(a) The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted thereto; and

(b)NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto.

5. A child who is enrolled or remains enrolled in a school district or charter school pursuant to this section must be included in the count of pupils enrolled in the school district or charter school, as applicable, for apportionment purposes pursuant to NRS 387.123.

Added to NAC by Bd. of Education by R132-22A, eff. 2/13/2023

NRS 387.067, 387.123, 388.419

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