reglab/statecodes huggingface dataset:
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 388.180 - Length of school day

Current through June 11, 2024
Except as otherwise provided by NAC 387.125, subsection 2 of
				  NAC 387.131 and NAC 387.286, a school day in session for a unit must consist of
				  the minimum daily periods established for the grade by subsection 1 of NAC
				  387.131.
[Dep't of Education,
				  eff. 12-15-77]-(NAC A by Bd. of Education, 2-7-83; 7-14-88; R043-04,
				  7-16-2004)
NRS 385.080,
					 388.090,
					 388.520
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 388.191 - Biological or adoptive parent or person identified in judicial decree or order deemed to be parent of pupil under certain circumstances

Current through June 11, 2024
1. Except as otherwise provided in this
				section, when more than one person may act as the parent of a pupil, as defined
				in NAC 388.071, the biological or
				adoptive parent of the pupil shall , when attempting to act as the parent of
				the pupil for the purposes of NAC
				388.001 to
				388.450, inclusive of this
				regulation, and sections 2 to 10, inclusive, be deemed the parent of the pupil
				unless that person does not have the legal authority to make educational
				decisions for the pupil.
2. If a
				judicial decree or order identifies more than one person to act as the parent
				of a pupil or to make educational decisions for the pupil , the persons
				identified in the judicial decree or order shall be deemed the parents of the
				pupil for the purposes of NAC
				388.001 to
				388.450, inclusive , and sections
				2 to 10, inclusive, of this regulation.
Added to NAC by Bd. of
				  Education by R058-07, eff. 10-31-2007; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080 and
				  388.419
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 388.195 - Transfer of rights to pupil who attains age of majority; notice to parent and pupil

Current through June 11, 2024
1. Except as
				otherwise provided in this section and NAC
				388.197 and
				NRS
				388.457 and
				388.459,
				any right accorded to a parent of a pupil with a disability pursuant to Part B
				of the Individuals with Disabilities Education Act,
				20
				U.S.C. §§
										1411 et seq., and the
				regulations adopted pursuant thereto, transfers to the pupil when the pupil
				attains the age of 18 years. The school district or charter school in which the
				pupil is enrolled shall provide notice to the parent of the pupil and to the
				pupil of the transfer of rights pursuant to this section.
2. If a pupil with a disability attains the
				age of 18 years and the pupil is enrolled in a program of special education
				pursuant to
				NRS 388.417 to
				388.5243,
				inclusive, the school district or charter school in which the pupil is enrolled
				shall provide any notice required pursuant to :
(a) Part B of the Individuals with
				Disabilities Education Act,
				20
				U.S.C. §§
											1411 et seq., and the
				regulations adopted pursuant thereto ; or
(b) NR S 388.417 to 388.5243, inclusive of
				this regulation, and NAC
				388.001 to
				388.450, inclusive of this
				regulation, and sections 2 to 10, inclusive of this regulation, to the parent
				and pupil with a disability, regardless of whether the parent is appointed to
				represent the educational interests of the pupil pursuant to
				NRS
				388.459 and NAC 388.197 or the rights
				transfer to the pupil pursuant to subsection 1.
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 388.197 - Application by parent to represent educational interests of pupil who attains age of majority if pupil has significant cognitive impairment; appeal to Department

Current through June 11, 2024
1. Not less than 1
				year before the date on which a pupil with a disability who has a significant
				cognitive impairment and who participates in the alternate assessment developed
				by the State attains the age of 18 years, the school district or charter school
				in which the pupil is enrolled shall provide notice to the parent and the pupil
				of the procedure by which the parent may submit an application to represent the
				educational interests of the pupil pursuant to subsection 2. The notice must
				include:
(a) A description of the purpose for
				the submission of an application to represent the educational interests of the
				pupil;
(b) An identification of the
				category of parents who are authorized to submit an application;
(c) The process and deadline for submission
				of an application;
(d) The
				procedure for appealing a decision made on an application by a school district
				or charter school; and
(e) A copy
				of the application.
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 388.215 - Measures to identify, evaluate and serve pupils with disabilities

Current through June 11, 2024
Each public agency shall take measures pursuant to
				  34
				  C.F.R. §
										300.111 to ensure that every
				  pupil with a disability who resides within the school district is identified,
				  located, evaluated and served in the manner appropriate to the unique needs of
				  the pupil. These measures must include, without limitation:
1. The organization of a program for
				screening pupils within the jurisdiction of the public agency;
2. The posting or publication of public
				notices within the district concerning the program for screening and the
				availability of special education and related services for pupils with
				disabilities;
3. The establishment
				of procedures for the referral of pupils with disabilities to agencies of state
				and local government providing services for those pupils;
4. Communication with such agencies; and
5. The establishment of a system of
				records for the purpose of verifying:
(a) The
				implementation of the foregoing measures; and
(b) That each pupil identified as a pupil
				with a disability is receiving special education and related services
				appropriate to the pupil's disability.
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 388.217 - Provision of instructional materials in accessible format to pupil with disability; temporary accommodations

Current through June 11, 2024
1. A public agency
				shall take the measures required pursuant to
				34 C.F.R. §
										300.172 to ensure that each pupil with a
				disability who needs instructional materials in an accessible format receives
				the instructional materials in a timely manner.
2. If, after reasonable efforts, a public
				agency is unable to provide instructional materials in an accessible format to
				a pupil with a disability in a timely manner, the public agency shall provide
				temporary accommodations to the pupil until the instructional materials are
				acquired in an accessible format.
3. As used in this section, "timely manner"
				means the use of reasonable efforts to provide instructional materials in an
				accessible format to a pupil with a disability at the same time that pupils
				without disabilities have access to the instructional materials.
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
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 388.218 - Request to determine whether provider of special education is in compliance with state and federal laws regarding pupils with disabilities; considerations for determining good cause to conduct inspection of provider; notice; construction of section

Current through June 11, 2024
1. To request the
				Superintendent of Public Instruction to make a determination regarding whether
				a provider of special education is in compliance with a law or regulation
				governing the education of pupils with disabilities pursuant to subsection 1 of
				NRS
				388.4352, a person or governmental entity
				must submit a written request signed by the person or a representative of the
				governmental entity, as applicable. Such a request must also include, without
				limitation:
(a) A statement that the person or
				representative believes that the provider of special education has violated a
				law or regulation governing the education of pupils with
				disabilities;
(b) A citation to the
				law or regulation that the provider is alleged to have violated; and
(c) The facts upon which the statement
				regarding the alleged violation is based.
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 388.219 - Provision of services to pupils with disabilities who are homeschooled or enrolled by their parents in private schools

Current through June 11, 2024
To the extent consistent with the number and location of
				  pupils with disabilities who are homeschooled or enrolled by their parents in
				  private elementary and secondary schools, including, without limitation,
				  religious schools, and who are located in the school district , each school
				  district shall provide for the participation of those pupils in the program
				  assisted or carried out under Part B of the Individuals with Disabilities
				  Education Act,
				  20
				  U.S.C. §§
										1411 et seq., by
				  providing those pupils with special education and related services in
				  accordance with the provisions of
				  34
				  C.F.R. §§
										300.130 to
				  300.144,
				  inclusive , including, without limitation, direct services determined in
				  accordance with the provisions of
				  34 C.F.R. §
										300.137.
Added to NAC by Bd. of
				  Education by R058-07, eff. 10-31-2007; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080 and
				  388.419
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 388.225 - Prohibition on requiring medication of pupil; consulting or sharing certain observations with parent

Current through June 11, 2024
1. A person employed
				by a public agency shall not require a pupil or a parent of a pupil to obtain a
				prescription for the pupil for a substance covered by the Controlled Substances
				Act,
				21
				U.S.C. §§
										801 et seq., as a
				condition of attending school, receiving an evaluation for special education or
				related services pursuant to NAC
				388.330 to
				388.440, inclusive, and section
				10 of this regulation or receiving special education or related services.
2. This section does not prohibit a
				teacher or other school personnel from consulting or sharing classroom-based
				observations with a parent of a pupil concerning:
(a) The academic achievement and functional
				performance of the pupil;
(b) The
				behavior of the pupil while in the classroom, on the premises of any public
				school, at an activity sponsored by a public school or on any school bus; or
(c) The need for the pupil to be
				evaluated for special education or related
				services.
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 388.245 - Restrictions on placement of pupil with disability; continuum of alternative placements; annual determination of placement of pupil

Current through June 11, 2024
1. A pupil with a disability may not be
				placed in a special class or in a school different than the one the pupil would
				normally attend, or otherwise removed from the regular educational environment,
				unless:
(a) The pupil's individualized
				educational program otherwise provides; and
(b) The nature or severity of the disability
				of the pupil is such that, even with the use of supplementary aids and
				services, the pupil cannot be educated satisfactorily in the regular
				educational environment.
A pupil with a disability, including a pupil in a public or
				  private institution or other care facility, must be educated with pupils who
				  are not disabled to the maximum extent appropriate and may not be removed from
				  an age-appropriate regular classroom solely because the pupil needs
				  modification to the general curriculum.
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 388.255 - Basis for change in placement of pupil with disability

Current through June 11, 2024
Except as otherwise provided in NAC
				  388.265, any change in the
				  placement of a pupil with a disability must comply with NAC
				  388.245 and be based upon:
1. The current individualized educational
				program of the pupil;
2. The initial
				evaluation or most recent reevaluation of the pupil, as applicable; and
3. Information relating to the
				current educational performance of the pupil.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R071-05, 2-23-2006;
				  R058-07, 10-31-2007; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080 and
				  388.419
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 388.261 - Transmittal of educational records of pupil with disability upon enrollment in different school or public agency

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, if a pupil with a disability who was
				enrolled in a school or public agency subsequently enrolls in another school or
				public agency, the school or public agency in which the pupil was enrolled
				shall, not later than 10 school days after receipt of notice of the pupil's
				enrollment in another school or public agency, transmit the education records
				of the pupil to the school or public agency in which the pupil is currently
				enrolled.
2. If a school or public
				agency requires the consent of the parent of a pupil before transmitting the
				education records of the pupil, the school or public agency shall transmit the
				education records of the pupil pursuant to subsection 1 not later than 10
				school days after it receives such consent.
Added to NAC by Bd. of
				  Education by R028-01, eff. 11-1-2001; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080 and
				  388.419
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

Current through June 11, 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.
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 388.265 - Suspension, expulsion or exclusion of pupil with disability

Current through June 11, 2024
1. A pupil with a disability may not be
				suspended, expelled or excluded from attendance by a public agency for an
				incident of misconduct except upon compliance with the provisions of this
				section,
				34 C.F.R. §§
										300.530 to
				300.536,
				inclusive of this regulation, and
				20 U.S.C. §
										1415(k). School personnel
				may consider any unique circumstances, including, without limitation, the
				disciplinary history of the pupil, the ability of the pupil to understand
				consequences, whether the pupil expresses remorse and whether support was
				provided before the misconduct, on a case-by-case basis when determining
				whether to make a change of placement for a pupil with a disability who
				violates a code of conduct for pupils.
2. Before initiating any suspension,
				expulsion or exclusion that will result in a change of placement for the pupil
				during a school year, the public agency shall convene a meeting of relevant
				members of the committee, as determined by the parent and the public agency,
				that developed the pupil's individualized educational program pursuant to NAC
				388.281. The public agency may
				appoint other qualified personnel to meet with those relevant members of the
				committee.
3. The public agency,
				the parent, the relevant members of the committee and any other qualified
				personnel appointed by the public agency to meet with the relevant members of
				the committee shall:
(a) Consider all
				information relevant to the behavior subject to disciplinary action, including,
				without limitation:
(1) Evaluations and
				diagnostic results, including, without limitation, relevant information
				supplied by the parents of the pupil;
(2) Observations of the pupil; and
(3) The pupil's individualized educational
				program and placement.
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 388.275 - Development of interim individualized educational program

Current through June 11, 2024
1. An interim individualized educational
				program may be developed by a public agency for a pupil with a disability who
				is being considered for special education and related services if the pupil was
				determined to be eligible for special education by another public agency or in
				another state. If the pupil was determined to be eligible for special education
				in another state, a determination of eligibility pursuant to this chapter must
				be made before the pupil is eligible to receive special education in this
				State.
2. Upon the expiration of 30
				days after the development of an interim individualized educational program
				pursuant to this section, an individualized educational program must be
				developed for a pupil who is eligible to receive special education in this
				State in the manner provided by NAC
				388.281 to
				388.284,
				inclusive.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 9-13-91; 11-23-93; R085-99, 2-16-2000; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080 and
				  388.419
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 388.281 - Development, implementation, review and revision of individualized educational program

Current through June 11, 2024
Except as otherwise provided in this chapter and applicable
				  federal laws and regulations:
1.Before
				providing special education and related services for pupils with disabilities,
				a public agency shall adopt a procedure whereby an individualized educational
				program is developed for each such pupil. The procedure adopted must ensure
				that an individualized educational program is in effect at the beginning of
				each school year and before the initiation of special education or related
				services. Except as otherwise provided in this chapter and
				34 C.F.R. §
										300.300(b)(3)(ii), the
				procedure must comply with the provisions of
				34 C.F.R.
				§§
										300.320 to
				300.324,
				inclusive. For eligible pupils making the transition from early intervention
				programs operated pursuant to
				20 U.S.C. §§
										1431 to
				1444,
				inclusive:
(a) An individualized educational
				program must be developed and implemented by the pupil's third birthday.
(b) The public agency shall
				participate in transition planning conferences arranged by the early
				intervention program of the pupil.
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 388.282 - Placement of pupil with disability in private school or facility

Current through June 11, 2024
1. A public agency shall provide a pupil with
				a disability who is placed in or referred to a private school or facility by
				the public agency with special education and related services at no cost to the
				parents and in accordance with the pupil's individualized educational program
				and
				34 C.F.R. §
										300.325.
2. Except as otherwise provided in subsection
				3, before a public agency places a pupil with a disability in or refers such a
				pupil to a private school or facility, the public agency shall initiate and
				conduct a meeting to develop an individualized educational program for the
				pupil. The public agency shall ensure that a representative of the private
				school attends the meeting. If a representative is unable to attend the
				meeting, the public agency shall use alternative methods to ensure
				participation by the private school or facility, including, without limitation,
				the use of a video conference, a telephone conference call or other means.
3. Notwithstanding the placement of
				a pupil in a private school or facility as provided in this section, the public
				agency:
(a) Remains responsible for
				implementing the individualized educational program of the pupil; and
(b) Must serve the pupil as it
				serves pupils with disabilities in public schools.
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 388.283 - Appointment of surrogate parent for pupil with disability

Current through June 11, 2024
1. Except as otherwise provided in subsection
				2, a public agency shall appoint a surrogate parent for:
(a) A pupil with a disability when:
(1) No parent can be identified;
(2) The location of a parent is not
				discovered after reasonable efforts; or
(3) The pupil is a ward of the State.
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 388.284 - Individualized educational program: Contents; considerations when developing

Current through June 11, 2024
1. Each committee shall include in the
				individualized educational program it develops for a pupil with a disability:
(a) A statement of the pupil's present levels
				of academic achievement and functional performance, including, without
				limitation:
(1) If the pupil is preschool
				age, a description of how the disability of the pupil affects the participation
				of the pupil in appropriate activities.
(2) If the pupil is above preschool age, a
				description of how the disability of the pupil affects the involvement and
				progress of the pupil in the general education curriculum.
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 388.2855 - Individualized program of education for pupil with disability enrolled in public high school

Current through June 11, 2024
The board of trustees of each school district shall have an
				  individualized educational program prepared for each pupil with a disability
				  who is enrolled in a public high school in the district. The program must
				  include:
1. A statement of the pupil's
				present levels of educational performance;
2. A statement of annual goals, including
				short-term instructional objectives;
3. A statement of the specific special
				education and related services to be provided to the pupil and the extent to
				which he or she will be able to participate in regular educational
				programs;
4. The projected dates
				for initiation of services and the anticipated duration of the
				services;
5. Appropriate objective
				criteria, procedures for evaluation and schedules for determining, at least on
				an annual basis, whether the short-term instructional objectives are being
				achieved;
6. A schedule of meetings
				with the pupil and his or her parents or a record of attempts to schedule such
				meetings if such meetings are appropriate for a review of the pupil's progress;
				and
7. If appropriate, the special
				requirements or adjusted standards which the pupil must meet for graduation
				from high school.
(Added to NAC by Bd.
				  of Education, eff. 12-16-82) - (Substituted in revision for part of
				  NAC)389.696
NRS 385.080,
					 388.419
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 388.287 - Inspection and review of educational records of pupil

Current through June 11, 2024
1. The
				parents of a pupil must be allowed to inspect and review any education records
				relating to their child which are collected, maintained or used by an agency
				with personally identifiable information. The agency with personally
				identifiable information shall comply with such a request for inspection and
				review without unnecessary delay and in any event:
(a) Before any meeting regarding the pupil's
				individualized educational program or any hearing or resolution meeting
				pursuant to NAC
				388.306 to
				388.310, inclusive, as
				applicable; and
(b) Not later than
				45 days after the request has been made.
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 388.288 - Amendment of educational records; hearing

Current through June 11, 2024
1. A parent who
				believes that information in education records is inaccurate, misleading or
				violates the privacy or other rights of the pupil may request an amendment of
				the information. The agency with personally identifiable information shall
				determine whether to amend the information in accordance with the request
				within a reasonable period of time after the receipt of the request. If the
				decision is to refuse to amend the information, the agency with personally
				identifiable information shall inform the parent of the refusal in writing and
				shall include the reason for the refusal and advise the parent that the parent
				has a right to a hearing.
2. The
				agency with personally identifiable information shall, upon request, provide an
				opportunity for a hearing to challenge information in education records to
				ensure that the information is not inaccurate, misleading or otherwise in
				violation of the privacy or other rights of the pupil. If, as a result of the
				hearing, it is decided that the information is:
(a) Inaccurate, misleading or otherwise in
				violation of the privacy or other rights of the pupil, the agency with
				personally identifiable information shall amend the information accordingly and
				so inform the parents in writing.
(b) Not inaccurate, misleading or otherwise
				in violation of the privacy or other rights of the pupil, the parent may place
				in the records a statement commenting on the information or setting forth any
				reasons for disagreeing with the decision. The agency with personally
				identifiable information shall notify the parent that the parent has a right to
				include such a statement in the records. The agency with personally
				identifiable information shall retain any such explanation placed in the
				records of the pupil as part of the records of the pupil as long as the records
				or the contested portion is maintained. If the records of the pupil or the
				contested portion is disclosed to any person, the explanation must also be
				disclosed.
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 388.289 - Confidentiality of records

Current through June 11, 2024
1. Each agency with
				personally identifiable information shall, pursuant to the provisions of
				34 C.F.R. §§
										300.610 to
				300.626, inclusive:
(a) Protect the confidentiality of personally
				identifiable information at its collection, storage, disclosure and
				destruction;
(b) Appoint one
				official to assume responsibility for ensuring the confidentiality of any
				personally identifiable information;
(c) Train or instruct all persons collecting
				or using personally identifiable information regarding these policies and
				procedures; and
(d) Maintain a
				current listing for public inspection of the names and positions of those
				employees within the agency with personally identifiable information who may
				have access to personally identifiable information.
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 388.290 - Required facilities and space

Current through June 11, 2024
The facilities and the assignment of space to special
				  programs for pupils with disabilities must be comparable to the facilities and
				  space assigned for regular programs in the school. For the purposes of this
				  subsection, "comparable" means substantially equivalent, giving consideration
				  to lighting, acoustics, ventilation, furnishings, materials and the special
				  needs of the pupils enrolled.
[Dep't of Education,
				  eff. 12-15-77]-(NAC A by Bd. of Education, 2-7-83; 7-14-88; 11-23-93; R085-99,
				  2-16-2000)
NRS 385.080,
					 388.520
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 388.292 - Notice of project to identify, locate or evaluate pupils or educational data

Current through June 11, 2024
1. Before a public
				agency begins a major project involving the identification, location or
				evaluation of pupils or educational data, it must publish a notice in
				newspapers or by other communication media with circulation adequate to notify
				parents throughout the State of the proposed project.
2. The notice must include:
(a) A description of the extent to which the
				notice is given in the native languages of the various population groups in the
				State;
(b) A description of the
				pupils on whom personally identifiable information is maintained;
(c) The types of information sought;
(d) A description of the methods
				and sources to be used in gathering the information;
(e) The uses to be made of the information;
(f ) A summary of the policies and
				procedures to be followed regarding the storage, disclosure to any interested
				third parties, retention and destruction of personally identifiable
				information; and
(g) A description
				of all of the rights of parents and pupils regarding this information,
				including, without limitation, the rights pursuant to the Family Educational
				Rights and Privacy Act of 1974,
				20 U.S.C. §
											1232g, and the related
				regulations.
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 388.294 - Monitoring of units and programs

Current through June 11, 2024
1. The Department
				will monitor each unit to determine whether the unit is in compliance with this
				chapter.
2. Each public agency
				which provides an educational program for pupils with disabilities shall
				establish a procedure for monitoring the program to ensure that it complies
				with the provisions of this chapter.
Added to NAC by Bd. of
				  Education, eff. 2-7-83; A 7-14-88; 11-23-93
NRS 385.080,
					 388.520
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 388.296 - Reports to Department concerning programs and units

Current through June 11, 2024
1. Any information or report required to be
				furnished to the Department by a public agency providing an educational program
				for pupils with disabilities must be furnished in the form and manner
				prescribed by the Department.
2. A
				public agency shall submit the requested information regarding each unit
				receiving apportionment to the Special Education Branch of the Department at
				the beginning of each school year and as changes occur.
Added to NAC by Bd. of
				  Education, eff. 2-7-83; A 7-14-88; 11-23-93
NRS 385.080,
					 388.520
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 388.297 - Report to Department regarding caseloads of physical therapists and occupational therapists employed by or contracted with a public agency to provide services to pupils with disabilities; posting on Internet website

Current through June 11, 2024
1. On or before October 1 of each
				odd-numbered year, each public agency shall submit a report to the Department,
				in a manner prescribed by the Department, regarding the caseloads of physical
				therapists and occupational therapists employed by or contracted with the
				public agency to provide services to pupils with disabilities during the
				immediately preceding 2 school years. Such a report must include, without
				limitation:
(a) A description of the factors
				used by the public agency in determining the caseloads of the physical
				therapists and occupational therapists, including, without limitation:
(1) The range of the number of pupils with
				disabilities at different school sites who require services from the public
				agency;
(2) The range of the levels
				of intensity of the services required;
(3) The availability of assistants who are
				appropriately certified to assist with the provision of the services;
(4) The geographic factors that affect the
				ability of the therapists to travel to provide the services; and
(5) The degree to which the public agency
				expects the therapists to participate in meetings pertaining to the
				pupils;
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 388.300 - Parental consent; withdrawal of consent; notice to parents of proposed or refused action; statement of parental rights

Current through June 11, 2024
1.
				Except as otherwise provided in this section and subsection 17 of NAC
				388.310, informed written consent
				must be obtained from the parents of the pupil before conducting an initial
				evaluation, before conducting additional assessments in a reevaluation, and
				before special education and related services are initially provided to a pupil
				with a disability. The public agency shall make reasonable efforts to obtain
				such consent. If a parent refuses to provide written consent for the initial
				evaluation, fails to respond to a request to provide the consent for an initial
				evaluation or refuses to provide consent for a reevaluation requiring
				additional assessments, the public agency may, but is not required to, request
				mediation pursuant to NAC
				388.305 or file a due process
				complaint pursuant to NAC
				388.306.
2. If a public agency has made reasonable
				efforts to obtain informed consent from the parent of a pupil for an initial
				evaluation and the parent fails to respond or refuses to provide written
				consent or refuses to provide consent for a reevaluation requiring additional
				assessments and the public agency does not request mediation or file a due
				process complaint upon the parent's failure to respond or refusal, the public
				agency:
(a) Does not violate any obligations
				pursuant to NAC
				388.215 and
				388.330 to
				388.440, inclusive, and section
				10 of this regulation for the conduct of an evaluation or reevaluation of the
				pupil.
(b) Is not deemed to have
				knowledge pursuant to
				34
				C.F.R. §
											300.534(c)(1)(i) that a
				pupil is a pupil with a disability.
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 388.302 - Participation by parent in certain meetings regarding pupil with disability

Current through June 11, 2024
1. The parent of a pupil with a disability
				must be afforded an opportunity to participate in meetings relating to the
				identification, evaluation and educational placement of the pupil, and the
				provision of a free appropriate education to the pupil. A public agency shall
				provide notice consistent with the provisions of subsection 8 of NAC
				388.281 to ensure that the parent
				of a pupil is provided sufficient notice to enable the parent to make
				arrangements to participate in such meetings.
2. If neither parent of a pupil is able to
				participate in a meeting in which a decision is made relating to the
				educational placement of the pupil, the public agency shall use other methods
				to ensure the participation of a parent, including, without limitation,
				telephone conversations, conference telephone calls or video conferencing.
3. A decision relating to the
				educational placement of a pupil may be made without the involvement of a
				parent of the pupil if the public agency is not able to obtain the
				participation of a parent in the decision. In such a case, the public agency
				shall record its attempts to obtain the involvement of the parent.
4. For purposes of this section, "meeting"
				does not include:
(a) Informal or unscheduled
				conversations involving personnel of the public agency , including, without
				limitation, conversations relating to teaching methodology, lesson plans or the
				coordination of services; or
(b)
				Preparatory activities by personnel of the public agency to develop a proposal
				or a response to a proposal submitted by the parent which will be discussed at
				a meeting.
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 388.305 - Resolution of dispute by mediation

Current through June 11, 2024
1. If a dispute
				arises between the parent of a pupil and a public agency which relates to the
				identification, evaluation or educational placement of the pupil or the
				provision of a free appropriate public education to the pupil, including ,
				without limitation, matters that arise before a due process complaint is filed
				pursuant to NAC
				388.306 or any matter governed by
				Part B of the Individuals with Disabilities Education Act,
				20
				U.S.C. §§
										1411 et seq., and the
				regulations adopted pursuant thereto, the parent or the public agency may
				request that the Department provide mediation. Mediation is voluntary and
				either the parent or the public agency may decline to participate.
2. If mediation is requested, the parent
				involved in the dispute must not be denied the parent's right to a hearing and
				the process of mediation must not be used to delay a hearing or to deny any
				other right afforded pursuant to Part B of the Individuals with Disabilities
				Education Act,
				20
				U.S.C. §§
										1411 et seq. , and the
				regulations adopted pursuant thereto.
3. The Department will maintain a list of
				persons who are qualified mediators and knowledgeable in the laws and
				regulations relating to the provision of special education and related
				services. If mediation is requested, the mediation must be conducted by an
				impartial mediator who is included on the list maintained by the Department.
				The Department shall select a mediator on a random or rotational basis or by
				using some other impartial method.
4. A person may serve as a mediator only if
				the person:
(a) Is trained in effective
				mediation techniques;
(b) Is not an
				employee of the public agency that is involved in the education or care of the
				pupil; and (c) Does not have a personal or professional interest that conflicts
				with the person's objectivity.
A person who otherwise qualifies as a mediator is not an
				  employee of the public agency solely because he or she is paid by the agency to
				  serve as a mediator.
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 388.306 - Due process complaint

Current through June 11, 2024
1. Except as
				otherwise provided in NAC
				388.300, a parent of a pupil or a
				public agency may file a due process complaint on any matter relating to any
				proposal or refusal to initiate or change the identification, evaluation or
				educational placement of the pupil or the provision of a free appropriate
				public education to the pupil. If the party filing the due process complaint is
				the parent of a pupil, the parent shall file the due process complaint with the
				head of the public agency.
2. The
				Department shall develop a model form for filing a due process complaint and
				post the model form on the Internet website maintained by the Department. A
				party may use the model form to file a due process complaint or may use any
				other form or document that meets the requirements of subsection 3.
3. The party filing the due process
				complaint, or an attorney representing the party, must provide a copy of the
				due process complaint to the other party and forward a copy of the due process
				complaint to the Superintendent at the same time. The due process complaint
				must include:
(a) The name of the pupil;
(b) The address of the residence of
				the pupil or, if the pupil is a homeless youth, available contact information
				for the pupil;
(c) The name of the
				school the pupil is attending;
(d)
				A description of the nature of the problem of the pupil relating to the public
				agency's proposal or refusal, including, without limitation, the facts relating
				to the problem; and
(e) A proposed
				resolution of the problem to the extent known and available to the party at the
				time.
A party may not have a hearing until the party, or an
				  attorney representing the party, files a due process complaint that meets the
				  requirements of this subsection.
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 388.307 - Resolution meeting

Current through June 11, 2024
1. Except as
				otherwise provided in this section and subsection 4 of NAC
				388.308, within 15 days after
				receiving a due process complaint from a parent pursuant to NAC
				388.306 and before the initiation
				of a hearing, the public agency shall convene a resolution meeting with the
				parent and the relevant members of the individualized educational program
				committee of the pupil who have specific knowledge of the facts identified in
				the due process complaint.
2. The
				parent and the public agency shall determine which members of the
				individualized educational program committee are relevant because they have
				specific knowledge of the facts identified in the due process complaint.
3. A representative of the public
				agency who has the authority to make decisions on behalf of the agency shall
				attend the resolution meeting.
4.
				An attorney for the public agency must not attend the resolution meeting unless
				the parent is accompanied by an attorney.
5. The purpose of the resolution meeting is
				to allow the parent and the public agency an opportunity to discuss the due
				process complaint and the facts that form the basis of the due process
				complaint to give the public agency an opportunity to resolve the dispute that
				is the basis for the due process complaint.
6. A resolution meeting is not required to be
				held if:
(a) The parent and the public agency
				agree in writing to waive the meeting; or
(b) The parent and the public agency agree to
				use the mediation process set forth in NAC
				388.305.