Current through February 27, 2024
1. A hospital or other facility that submits
a request for reimbursement for the cost of providing educational services to a
child pursuant to NRS 387.1225 must submit the
request in the form and manner prescribed by the Department.
2. A hospital or other facility that provides
residential treatment to children and which operates a private school licensed
pursuant to chapter 394 of NRS must include in a request for reimbursement:
(a) Documentation verifying that the child is
a patient or resident of the hospital or other facility;
(b) Documentation verifying that the child
has attended the private school for more than 7 school days;
(c) Documentation that the hospital or other
facility has complied with the requirements of paragraphs (a) and (b) of
subsection 4, as applicable;
(d)
Written assurance that the hospital or other facility:
(1) Is in compliance with applicable
provisions of federal and state law, including, without limitation, Part B of
the Individuals with Disabilities Education Act,
20 U.S.C. §§
1411 et seq., and the regulations adopted
pursuant thereto, NRS 388.417 to
388.5243, inclusive, and NAC
388.001 to
388.450, inclusive;
(2) Will collect data and use forms in its
provision of educational services in the form and manner prescribed by the
Department;
(3) Agrees to an audit
of the hospital or other facility by the Department pursuant to subsection 5;
and
(4) Acknowledges that the
school district or charter school in which the child is enrolled before his or
her admission to the hospital or other facility is the local educational agency
for the purposes of the Individuals with Disabilities Education Act,
20 U.S.C. §§
1400 et seq., and
NRS
388.417 to
388.5243, inclusive, and any
regulations adopted pursuant thereto; and
(e) A copy of the plan for the continued
education of the child developed pursuant to subsection 1 of
NRS
432B.60847 or section 8.
3. A hospital or other facility licensed in
the District of Columbia or any state or territory of the United States that
provides residential treatment to children and which operates an educational
program accredited by a national organization and approved by the Department
must include in its request for reimbursement:
(a) Documentation verifying that:
(1) The child is a patient or resident of the
hospital or other facility;
(2) The
child is a resident of this State;
(3) The child is admitted to the hospital or
other facility on an order from a physician because the necessary treatment
required for the child is not available in this State;
(4) The child has attended the accredited
educational program for more than 7 school days;
(5) The child is not currently homeschooled
or enrolled in a private school and was not homeschooled or enrolled in a
private school before being admitted to the hospital or other
facility;
(6) The child has been
admitted to the hospital or other facility under the order of a physician to
receive medically necessary treatment for a medical or mental health condition
with which the child has been diagnosed; and
(7) The hospital or other facility has
complied with the requirements of paragraphs (a) and (b) of subsection 4, as
applicable;
(b) Written
assurance that the hospital or other facility:
(1) Is in compliance with applicable
provisions of federal and state law, including, without limitation, Part B of
the Individuals with Disabilities Education Act,
20 U.S.C. §§
1411 et seq., and the regulations adopted
pursuant thereto, NRS 388.417 to
388.5243, inclusive, and NAC
388.001 to 388.450, inclusive;
(2)
Will collect data and use forms in its provision of educational services in the
form and manner prescribed by the Department;
(3) Agrees to an audit of the hospital or
other facility by the Department pursuant to subsection 5; and
(4) Acknowledges that the school district or
charter school in which the child is enrolled before his or her admission at
the hospital or other facility is the local educational agency for the purposes
of the Individuals with Disabilities Education Act,
20 U.S.C. §§
1400 et seq., and
NRS
388.417 to
388.5243, inclusive, and any
regulations adopted pursuant thereto; and
(c) A copy of the plan for the continued
education of the child developed pursuant to subsection 1 of
NRS
432B.60847 or section 8.
4. A hospital or other facility that submits
a request for reimbursement for the cost of providing educational services to a
child pursuant to NRS 387.1225 must:
(a) Notify the school district or charter
school in which the child is enrolled upon admitting the child to the
educational program;
(b) Request
the transfer of the education records of the child which are collected,
maintained or used by the school district or charter school in which the child
is enrolled to the hospital or other facility upon admitting the child to the
hospital or other facility;
(c)
Transfer the education records of the child which are collected, maintained or
used by the hospital or other facility to the school district or charter school
in which the child is enrolled upon admitting the child to the educational
program;
(d) Notify in writing the
school district or charter school in which the child is enrolled upon the
discharge of the child from the hospital or other facility and the educational
program;
(e) Transfer the education
records of the child which are collected, maintained or used by the hospital or
other facility to the school district or charter school in which the child is
enrolled upon the discharge of the child from the hospital or other facility
and the educational program;
(f)
When the child is ready for reentry into a school district or charter school,
meet with the school district or charter school to develop a plan for reentry
of the child upon the discharge of the child from the hospital or other
facility and the educational program; and
(g) Maintain daily attendance records
documenting the attendance of the child and receipt of educational services as
prescribed by the Department and submit to the Department the attendance
records of the child upon the request of the Department.
5. The Department will prescribe the areas to
be audited pursuant to an agreement entered into pursuant to subsection 2 or 3,
as applicable, to ensure compliance with applicable federal and state law and
regulations, including, without limitation, this section and
NRS
387.1225.
6. The Department will review and approve or
deny a completed request for reimbursement for the cost of providing
educational services to a child submitted pursuant to subsection 2 or 3, as
applicable, and give notice of its decision to the hospital or other
facility.
7. A decision of the
Department approving or denying a request for reimbursement for the cost of
providing educational services to a child submitted pursuant to subsection 2 or
3, as applicable, is not subject to administrative or judicial
review.
Added
to NAC by Bd. of Education by
R133-22A,
eff. 2/20/2023
NRS
387.1225
