2017 Nevada Revised Statutes
Chapter 387 - Financial Support of School System
NRS 387.1221 - Basic support guarantee for special education program units; reallocation of unused allocation; authorization to contract to provide special education program unit; authorization to provide early intervening services. [Effective through June 30, 2016.]
1. The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which the program unit actually was maintained and operated is to 9 school months.
2. Any unused allocations for special education program units may be reallocated by the Superintendent of Public Instruction to other school districts, charter schools, university schools for profoundly gifted pupils or hospitals or facilities which are licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provide residential treatment to children and which operate a private school licensed pursuant to chapter 394 of NRS. In such a reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated within counties whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for the remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.
3. Any unused allocation of a special education program unit that is reallocated to a hospital or facility which is licensed by the Division of Public and Behavioral Health pursuant to subsection 2 must be provided as a percentage of a unit as determined based upon the number of days that such a program is provided compared to the total number of school days for the year.
4. A school district, a charter school or a university school for profoundly gifted pupils may, after receiving the approval of the Superintendent of Public Instruction, contract with any person, state agency or legal entity to provide a special education program unit for pupils of the district pursuant to NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.
5. A school district in a county whose population is less than 700,000, a charter school or a university school for profoundly gifted pupils that receives an allocation for special education program units may use not more than 15 percent of its allocation to provide early intervening services.
6. As used in this section:
(a) “Hospital” has the meaning ascribed to it in NRS 449.012.
(b) “Private school” has the meaning ascribed to it in NRS 394.103.
(Added to NRS by 1979, 1582; A 1993, 2156; 1997, 1859; 2007, 1199; 2009, 754; 2011, 1247; 2015, 2075, 2087; R 2015, 3735, effective July 1, 2016)
