Nevada Administrative Code
Chapter 388 - System of Public Instruction
SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS
Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils
Section 388.263 - Provision of services to pupil with disability who transfers between school districts

Universal Citation: NV Admin Code 388.263

Current through February 27, 2024

1. If a pupil with a disability who is receiving special education and related services pursuant to an individualized educational program in a school in this State transfers to another school district or public agency in this State in the same academic school year and enrolls in another school, the applicable public agency shall, in consultation with the parents of the pupil, provide the pupil with a free appropriate public education, including services which are comparable to the services described in his or her previous individualized educational program.

The public agency shall continue to provide such a free appropriate public education to the pupil. The public agency shall:

(a) Within 30 days after the pupil is enrolled in the school, adopt the previous individualized educational program for the pupil or develop a new individualized educational program for the pupil in accordance with applicable federal and state law; or

(b) Commence a reevaluation of the pupil within 30 days after the pupil is enrolled in the school and continue to provide comparable services described in the pupil's individualized educational program until the development of a new individualized educational program for the pupil in accordance with applicable federal and state law. For purposes of this paragraph, a reevaluation is commenced when written notice is provided to the parent of the pupil that additional data is not required or upon the consent of a parent for a reevaluation that requires additional data.

2. If a pupil with a disability who is receiving special education and related services pursuant to an individualized educational program in another state transfers to a school district or public agency in this State in the same academic school year and enrolls in a school, the applicable public agency shall, in consultation with the parents of the pupil, provide the pupil with a free appropriate public education, including services which are comparable to the services described in his or her previous individualized educational program. The public agency shall continue to provide such a free appropriate public education to the pupil until such time as the public agency conducts an evaluation of the pupil pursuant to NAC 388.330 to 388.440, inclusive, and section 10 of this regulation and develops a new individualized educational program for the pupil, if determined appropriate, in accordance with applicable federal and state law.

3. The public agency shall maintain written documentation of the consultation with the parents of the pupil, the comparable services that will be provided to the pupil and the period during which the comparable services will be provided. The public agency shall provide to the parents of the pupil a copy of the documentation at no cost.

Added to NAC by Bd. of Education by R071-05, eff. 2-23-2006; A by R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019

NRS 385.080 and 388.419

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