2005 Nevada Revised Statutes - Chapter 395 — Education of Persons With Disabilities

CHAPTER 395 - EDUCATION OF PERSONS WITHDISABILITIES

NRS 395.001 Definitions.

NRS 395.0065 Relatedservices defined.

NRS 395.0075 Schooldistrict defined.

NRS 395.008 Specialeducation program defined.

NRS 395.010 Specialeducation program and related services to be provided to person withdisability.

NRS 395.020 Eligibilityfor benefits.

NRS 395.030 Applicationfor benefits; action by board of trustees.

NRS 395.040 Dutiesof Superintendent of Public Instruction upon receipt of application.

NRS 395.050 Transportationof person with disability; State to pay for provision of special educationprogram and related services.

NRS 395.060 Moneyto carry out provisions of chapter.

NRS 395.070 InteragencyPanel: Responsibility; membership; duties.

NRS 395.080 Priorityof placement in homes or facilities located in this State.

NRS 395.090 Monitoringof children placed in foster homes and residential facilities outside State.

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NRS 395.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS395.0065, 395.0075 and 395.008 have the meanings ascribed to themin those sections.

(Added to NRS by 1969, 279; A 1977, 370; 1979, 835;1991, 2128; 1993, 2165; 1995, 961)

NRS 395.0065 Relatedservices defined. Related services meansroom, board, transportation and such developmental, corrective and othersupportive services, as may be required pursuant to minimum standardsprescribed by the State Board of Education, to assist a person with adisability to benefit from a special education program.

(Added to NRS by 1991, 2128; A 1993, 2163, 2165)

NRS 395.0075 Schooldistrict defined. School district means acounty school district created pursuant to chapter386 of NRS.

(Added to NRS by 1991, 2128; A 1993, 2165)

NRS 395.008 Specialeducation program defined. Special educationprogram means a program which provides instruction specially designed in accordancewith minimum standards prescribed by the State Board of Education to meet theunique needs of persons with disabilities.

(Added to NRS by 1977, 370; A 1993, 2163)

NRS 395.010 Specialeducation program and related services to be provided to person with disability.

1. The Superintendent of Public Instruction shallprovide a special education program and related services to all persons withdisabilities who are eligible for benefits pursuant to this chapter.

2. The Superintendent of Public Instruction may carryout the duties required by subsection 1 by:

(a) Making arrangements with the governing body of anyinstitution for persons with disabilities in any state having any suchinstitution.

(b) Placing the person with a disability in a fosterhome or other residential facility, located in or outside of the schooldistrict in which the person with a disability resides, that can provide anappropriate special education program and related services for his particulardisability. The Superintendent shall consider the recommendation of theinteragency panel in deciding where to place a person with a disability, but hehas final authority regarding placement pursuant to this subsection.

(c) Making arrangements, if money from the FederalGovernment is available to cover the entire cost, for the unique specialeducation and related services required to return students to this state whohave been placed in an institution outside of the State pursuant to thischapter.

3. The Superintendent of Public Instruction may makeall necessary contracts, in accordance with any regulations the State Board ofExaminers may prescribe, to carry out the provisions of this section.

[465:32:1956](NRS A 1963, 327; 1969, 280; 1977, 370;1987, 1038; 1991, 2128; 1993, 2163, 2165; 1995, 961)

NRS 395.020 Eligibilityfor benefits. A person with a disability iseligible to receive the benefits provided pursuant to this chapter if:

1. He is a resident of the State of Nevada;

2. He is under 22 years of age, except that where theenrollment period for the school year is before his 22nd birthday, he remainseligible to complete that school year irrespective of his age;

3. The Department of Education has prescribed minimumstandards for the provision of a special education program and related servicesto persons with such a disability; and

4. His school district:

(a) Has prepared an appropriate plan for theindividualized education of the person with a disability; and

(b) Is unable to provide an appropriate specialeducation program and related services for his particular disability and gradeor level of education.

[466:32:1956](NRS A 1969, 280; 1973, 805; 1977, 371;1979, 835; 1991, 2129; 1993, 2164, 2165)

NRS 395.030 Applicationfor benefits; action by board of trustees.

1. An adult person with a disability who is eligibleto receive benefits pursuant to this chapter or a parent, guardian or otherperson having the care, custody or control of a person with a disability who iseligible may file an application for those benefits with the board of trusteesof the school district in which the person with a disability is a resident.

2. If the board of trustees is satisfied that theschool district is unable to provide an appropriate special education programand related services for the particular disability and grade or level ofeducation of the person with a disability, the board shall certify that factand transmit the application to the Superintendent of Public Instruction.

[467:32:1956](NRS A 1969, 280; 1973, 1138; 1977,1979, 1637; 1983, 504; 1991, 2129; 1993, 2164, 2165)

NRS 395.040 Dutiesof Superintendent of Public Instruction upon receipt of application.

1. Upon receipt and review of an application forbenefits, the Superintendent of Public Instruction may cause a medical,psychological or educational examination of the person with a disability to beconducted at state expense to determine the nature and extent of thedisability.

2. If the Superintendent of Public Instructiondetermines that the school district:

(a) Has prepared an appropriate plan for theindividualized education of the person with a disability; and

(b) Is unable to provide an appropriate specialeducation program and related services for the particular disability and gradeor level of education of the person with a disability,

he shallmake the arrangements for the provision of a special education program andrelated services.

3. The Superintendent of Public Instruction has finalauthority regarding the provision of a special education program and relatedservices to any person with a disability.

[468:32:1956](NRS A 1963, 327; 1969, 281; 1977, 372;1991, 2129; 1993, 2164, 2165; 1995, 679, 962)

NRS 395.050 Transportationof person with disability; State to pay for provision of special educationprogram and related services.

1. When arrangements for the provision of a specialeducation program and related services to a person with a disability have beencompleted by the Superintendent of Public Instruction, he shall advise theboard of trustees of the school district to make provision, at the expense ofthe school district, for transporting the person with a disability to a placedesignated by the Superintendent. The Superintendent shall make necessaryarrangements for transporting the person with a disability from the designatedplace to the institution, foster home or other residential facility and returnto the designated place at the expense of the State.

2. The provision of a special education program andrelated services to a person with a disability pursuant to this chapter must bepaid by the State without any charge to the person with a disability or to aparent, guardian or other person having the care, custody or control of theperson with a disability.

[469:32:1956](NRS A 1963, 327; 1969, 281; 1973,1138; 1977, 372; 1979, 1637; 1991, 2130; 1993, 2165; 1995, 962)

NRS 395.060 Moneyto carry out provisions of chapter. Money tocarry out the provisions of this chapter may be provided by direct legislativeappropriation from the State General Fund, federal grants or any other source ofmoney made available for that purpose.

[470:32:1956](NRS A 1981, 1043)

NRS 395.070 InteragencyPanel: Responsibility; membership; duties.

1. The Interagency Panel is hereby created. The Panelis responsible for making recommendations concerning the placement of personswith disabilities who are eligible to receive benefits pursuant to thischapter. The Panel consists of:

(a) The Administrator of the Division of Child andFamily Services of the Department of Health and Human Services;

(b) The Administrator of the Division of Mental Healthand Developmental Services of the Department of Health and Human Services;

(c) The Director of the Department of Health and HumanServices; and

(d) The Superintendent of Public Instruction.

2. A member of the Panel may designate a person torepresent him at any meeting of the Panel. The person designated may exerciseall the duties, rights and privileges of the member he represents.

3. The Panel shall:

(a) Every time a person with a disability is to beplaced pursuant to subsection 2 of NRS395.010 in a foster home or residential facility, meet to determine theneeds of the person and the availability of homes or facilities under theauthority of the Department of Health and Human Services after a jointevaluation of that person is completed by the Department of Education and theDepartment of Health and Human Services;

(b) Determine the appropriate placement of the person,giving priority to homes or facilities under the authority of the Department ofHealth and Human Services over any home or facility located outside of thisState; and

(c) Make a recommendation concerning the placement ofthe person.

(Added to NRS by 1995, 960; A 1999, 114)

NRS 395.080 Priorityof placement in homes or facilities located in this State. Persons with disabilities who are entitled to benefitspursuant to this chapter must be given priority of placement in homes orfacilities which are located in this State and under the authority of theDepartment of Health and Human Services.

(Added to NRS by 1995, 961)

NRS 395.090 Monitoringof children placed in foster homes and residential facilities outside State. The Division of Child and Family Services of the Departmentof Health and Human Services shall, when monitoring children under itsauthority whom it has placed in foster homes and residential facilities outsideof the State, also monitor the well-being of the persons with disabilities whohave been placed in those foster homes and residential facilities pursuant tothis chapter, and report to the Superintendent of Public Instruction concerningthe condition of those persons with disabilities.

(Added to NRS by 1995, 961)

 

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