2022 Nevada Revised Statutes
Chapter 432B - Protection of Children From Abuse and Neglect
NRS 432B.60847 - Plan for the continued education of certain children admitted to psychiatric hospital; requirements for admission of certain children to facility which provides residential treatment for mental illness; regulations.
1. A psychiatric hospital to which a child who is in the custody of an agency which provides child welfare services is admitted pursuant to NRS 432B.6076 shall, in consultation with the public or private school in which the child was enrolled when he or she was admitted to the psychiatric hospital, any school district in which the child was enrolled or which was providing services to the child when he or she was admitted to the psychiatric hospital, the agency which provides child welfare services and any person responsible for the education of the child, develop a plan for the continued education of the child while the child remains enrolled in the public or private school or the school district yet is admitted to the psychiatric hospital. The plan must be:
(a) Provided to the child, the agency which provides child welfare services, the child’s caseworker, if applicable, any person responsible for the education of the child, the school and, if applicable, the school district; and
(b) Submitted to the court after each period of admission ordered by the court pursuant to NRS 432B.6076 in the manner set forth in NRS 432B.608.
2. A plan for the continued education of a child developed pursuant to subsection 1 must include, without limitation:
(a) The number of hours of instruction each week that must be provided to the child while the child is admitted to the psychiatric hospital;
(b) Provisions for the transfer of instructional materials to the psychiatric hospital from the school in which the child was enrolled when he or she was admitted to the psychiatric hospital;
(c) Procedures for monitoring the implementation of the plan and the appropriateness of the instruction being provided to the child;
(d) If an individualized education program or services plan has been developed for the child and provided to the psychiatric hospital pursuant to NRS 392.857 or 394.1998, provisions to ensure that the psychiatric hospital maintains compliance with the individualized education program or services plan, as applicable; and
(e) A plan for continuing the education of the child after he or she is discharged from the psychiatric hospital, including, without limitation, a plan for transitioning the child into a school or any other educational setting in which the child will receive instruction after discharge.
3. Before admission of a child who is in the custody of an agency which provides child welfare services to a facility which provides residential treatment for mental illness, the public or private school or any school district in which the child was enrolled or which was providing services to the child when he or she was admitted to the facility must:
(a) For a child who is a pupil with a disability, convene an individualized education program meeting to consider the appropriateness of a residential placement under federal law as it relates to the child’s education needs;
(b) Convene a meeting of representatives of the public or private school in which the child was enrolled, the school district in which the child was enrolled, the agency which provides child welfare services, any person responsible for the education of the child and any other organization that provides support to the child, as appropriate, to consider, pursuant to the statewide framework for integrated student supports established pursuant to NRS 388.885, the appropriateness of a residential placement;
(c) Monitor the child’s progress while the child is admitted to the facility; and
(d) Participate in discharge planning for transitioning the child into a school or any other educational setting in which the child will receive instruction after discharge. The Department of Education shall adopt regulations necessary to carry out the provisions of this paragraph.
4. As used in this section:
(a) "Individualized education program" has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
(b) "Person responsible for the education of the child" includes, without limitation, the parent or guardian of the child and any educational decision maker appointed for the child pursuant to NRS 432B.462.
(c) "Private school" has the meaning ascribed to it in NRS 394.103.
(d) "Public school" includes, without limitation, a university school for profoundly gifted pupils.
(e) "Services plan" has the meaning ascribed to it in 34 C.F.R. § 300.37.
(Added to NRS by 2021, 3158)
