Current through December 12, 2024
A plan for the continued education of a child developed pursuant
to subsection 1 of NRS 432B.60847 or subsection 1
of section 8 by a hospital or other facility that plans to request
reimbursement for the cost of providing educational services to the child
pursuant to NRS
387.1225 must include, without
limitation:
1. The name, telephone
number and electronic mail address for:
(a)
The members of the staff of the hospital or other facility and the school
district or charter school in which the child is enrolled who will serve as the
primary points of contact for those entities concerning the plan; and
(b) If the child is in the custody of an
agency which provides child welfare services:
(1) The member of the staff of the agency
which provides child welfare services who is primarily responsible for managing
the case of the child; and
(2) The
educational decision maker appointed for the child pursuant to
NRS
432B.462.
2. The names of each member of the staff of
the hospital or other facility and of the school district or charter school who
is responsible for implementing each component of the plan, including, without
limitation, providing instruction.
3. Methods, processes and timelines for
communication between the persons described in subsection 1, including, without
limitation:
(a) The frequency of communication
concerning the progress of the child, as determined in accordance with the
provisions of the plan, by the hospital or facility to the persons identified
as primary points of contact for the school district or charter school in which
the child is enrolled and, if the child is in the custody of an agency which
provides child welfare services, the member of the staff of the agency which
provides child welfare services who is primarily responsible for managing the
case of the child. Such communications must occur at least:
(1) Weekly during the first 30 days during
which the child is admitted to the hospital or other facility; and
(b) Deadlines by which any person described
in subsection 1 must provide information relating to the child or plan to any
person described in paragraph (a) of subsection 1 who requests it, which must
be not later than 3 business days after the request is made.
(c) Provisions to ensure that information
relating to the child is safeguarded in accordance with the Family Educational
Rights and Privacy Act of 1974,
20 U.S.C. §
1232g, and 34 C.F.R. Parts 98 and
99.
4. Mechanisms for
the transfer of instructional materials to the hospital or other facility from
each school district or charter school in which the child was enrolled or that
is providing services to the child when he or she was admitted to the hospital
or facility, including, without limitation:
(a) Processes and a timeline for the transfer
of instructional materials, including, without limitation, the identification
of each entity that will assume financial responsibility for the costs
associated with the transfer;
(b)
The identification of members of the staff of the hospital or facility and the
school district or charter school who are responsible for the transfer of
instructional materials;
(c)
Provisions for the safe storage and maintenance of instructional materials by
the hospital or facility, including, without limitation, any electronic devices
provided to the hospital or facility by the school district or charter school
for purposes related to the education of the child while he or she is
admitted;
(d) Provisions for the
hospital or facility to replace any instructional materials that are lost or
damaged as a result of the actions of the hospital or facility; and
(e) Provisions for the safe storage and
transfer of education records by the hospital or facility to the school
district or charter school as required by section 7 in a manner that complies
with the Family Educational Rights and Privacy Act of 1974,
20 U.S.C. §
1232g, and 34 C.F.R. Parts 98 and
99.
5. The average
number of instructional hours per week that the hospital or other facility must
provide to the child while he or she is admitted, which must align with best
practices for home hospital services, and mechanisms for modifying the number
of instructional hours in a week based on the mental health, needs and
functioning of the child.
6.
Provisions concerning the ability of the child to demonstrate satisfactory
completion of required courses, including, without limitation:
(a) The manner in which the hospital or other
facility will monitor and record the attendance of the child in accordance with
section 7, which must be expressed in terms of the number of instructional
hours provided to the child in a week pursuant to subsection 5;
(b) For a child who is in grade 11 or 12, any
modifications made pursuant to
NRS
389.330 to a course or study necessary to
assist the child in satisfying the requirements for graduation, including,
without limitation, any such modifications made through mutual agreement by the
child and his or her parent or guardian;
(c) Provisions regarding the use of
nonacademic programming and activities provided by the hospital or facility as
part of the treatment of the child for elective credit toward the number of
credits required for promotion or graduation, including, without limitation,
physical education credit;
(d) Any
arrangements for the sharing of responsibilities for instruction of the child
between the school district or charter school and the hospital or facility,
which may include, without limitation, part-time or full-time virtual
instruction provided by the school district, charter school or another online
school that has been approved by the Department; and
(e) If the child is in foster care, any means
by which the child may receive full or partial credit pursuant to
NRS
389.320 or a plan developed for the child
pursuant to NRS
388A.489.
7. A description of the educational services
and instruction that will be provided to the child while the child is admitted
to the hospital or other facility, including, without limitation:
(a) Academic instruction that assists the
child in maintaining his or her current educational functioning and skills and
ensuring that the child does not fall behind his or her peers with regard to
educational functioning and skills;
(b) Instructional content that aligns with
the standards of content and performance for courses of study in public schools
by the Council to Establish Academic Standards for Public Schools and the State
Board of Education pursuant to
NRS
389.520;
(c) The method by which instruction will be
provided, which may include, without limitation, in-person individual
instruction, in-person small group or classroom instruction or a combination
thereof;
(d) The identification of
current or previous challenges experienced by the child in accessing
instruction and instructional content, including, without limitation, any
behaviors in which the child has engaged to avoid instruction;
(e) A description of strategies and methods
that have been effective in supporting the child to successfully access
instruction and instructional content and successfully complete
assignments;
(f) If the child is an
English learner:
(1) A description of the
manner in which the rights established by
NRS
388.406 will be guaranteed;
(2) Provisions to ensure that any applicable
policy developed pursuant to
NRS
388.407 or corrective action plan adopted
pursuant to NRS
388.408 will be followed; and
(3) Any other provisions necessary to meet
the unique needs of the child as an English learner; and
(g) Mechanisms and processes for responding
to an unexpected delay in the transfer of instructional materials to the
hospital or facility, including, without limitation, provisions to notify the
school district or charter school in accordance with the methods, processes and
timelines for communication established pursuant to subsection 3.
8. Processes for monitoring,
recording and reporting the academic progress of the child concerning the
educational services and instruction provided pursuant to subsection 7,
including, without limitation:
(a) The
frequency and method by which the hospital or other facility will report on the
progress of the child to the primary points of contact for the school district
or charter school in which the child is enrolled that were identified pursuant
to paragraph (a) of subsection 1 and the persons identified pursuant to
paragraph (b) of subsection 1;
(b)
Mechanisms and processes to identify the circumstances under which the plan
will be reviewed and revised, as necessary, if the child is not making
satisfactory academic progress or is losing his or her academic functioning and
skills; and
(c) If deemed necessary
by the hospital or facility and authorized by the policies of the agency which
provides child welfare services, if applicable, provisions for regular meetings
with the parent or guardian of the child, the person who maintains the foster
home in which the child resides, the fictive kin of the child or the relative
of the child, as applicable, to monitor the academic progress of the
child.
9. Provisions and
timelines for the transfer to and review of the plan to any hospital or other
facility to which the child may be transferred before the child is
discharged.
10. Procedures to be
followed in anticipation of the discharge of the child, which must include,
without limitation, a requirement that the hospital or other facility provide
written notice as required by section 7 at least 10 days before the discharge
to any school or other educational setting where the child will receive
instruction after discharge.
Added
to NAC by Bd. of Education by
R133-22A,
eff. 2/20/2023
NRS
387.1225,
432B.60847
