As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 395.0065
, 395.0075 and 395.008
have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 279; A 1977, 370; 1979, 835; 1991, 2128;
1993, 2165; 1995, 961)
“Related services” means
room, board, transportation and such developmental, corrective and other
supportive services, as may be required pursuant to minimum standards
prescribed by the State Board of Education, to assist a person with a
disability to benefit from a special education program.
(Added to NRS by 1991, 2128; A 1993, 2163, 2165)
“School district” means a
county school district created pursuant to chapter 386 of NRS.
(Added to NRS by 1991, 2128; A 1993, 2165)
“Special
education program” means a program which provides instruction specially
designed in accordance with minimum standards prescribed by the State
Board of Education to meet the unique needs of persons with disabilities.
(Added to NRS by 1977, 370; A 1993, 2163)
1. The Superintendent of Public Instruction shall provide a
special education program and related services to all persons with
disabilities who are eligible for benefits pursuant to this chapter.
2. The Superintendent of Public Instruction may carry out the
duties required by subsection 1 by:
(a) Making arrangements with the governing body of any institution
for persons with disabilities in any state having any such institution.
(b) Placing the person with a disability in a foster home or other
residential facility, located in or outside of the school district in
which the person with a disability resides, that can provide an
appropriate special education program and related services for his
particular disability. The Superintendent shall consider the
recommendation of the interagency panel in deciding where to place a
person with a disability, but he has final authority regarding placement
pursuant to this subsection.
(c) Making arrangements, if money from the Federal Government is
available to cover the entire cost, for the unique special education and
related services required to return students to this state who have been
placed in an institution outside of the State pursuant to this chapter.
3. The Superintendent of Public Instruction may make all necessary
contracts, in accordance with any regulations the State Board of
Examiners 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)
A person with a disability
is eligible 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 the enrollment
period for the school year is before his 22nd birthday, he remains
eligible to complete that school year irrespective of his age;
3. The Department of Education has prescribed minimum standards
for the provision of a special education program and related services to
persons with such a disability; and
4. His school district:
(a) Has prepared an appropriate plan for the individualized
education of the person with a disability; and
(b) Is unable to provide an appropriate special education program
and related services for his particular disability and grade or level of
education.
[466:32:1956]—(NRS A 1969, 280; 1973, 805; 1977, 371; 1979, 835;
1991, 2129; 1993, 2164, 2165)
1. An adult person with a disability who is eligible to receive
benefits pursuant to this chapter or a parent, guardian or other person
having the care, custody or control of a person with a disability who is
eligible may file an application for those benefits with the board of
trustees of the school district in which the person with a disability is
a resident.
2. If the board of trustees is satisfied that the school district
is unable to provide an appropriate special education program and related
services for the particular disability and grade or level of education of
the person with a disability, the board shall certify that fact and
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)
1. Upon receipt and review of an application for benefits, the
Superintendent of Public Instruction may cause a medical, psychological
or educational examination of the person with a disability to be
conducted at state expense to determine the nature and extent of the
disability.
2. If the Superintendent of Public Instruction determines that the
school district:
(a) Has prepared an appropriate plan for the individualized
education of the person with a disability; and
(b) Is unable to provide an appropriate special education program
and related services for the particular disability and grade or level of
education of the person with a disability,
Ê he shall make the arrangements for the provision of a special education
program and related services.
3. The Superintendent of Public Instruction has final authority
regarding the provision of a special education program and related
services 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)
1. When arrangements for the provision of a special education
program and related services to a person with a disability have been
completed by the Superintendent of Public Instruction, he shall advise
the board of trustees of the school district to make provision, at the
expense of the school district, for transporting the person with a
disability to a place designated by the Superintendent. The
Superintendent shall make necessary arrangements for transporting the
person with a disability from the designated place to the institution,
foster home or other residential facility and return to the designated
place at the expense of the State.
2. The provision of a special education program and related
services to a person with a disability pursuant to this chapter must be
paid by the State without any charge to the person with a disability or
to a parent, guardian or other person having the care, custody or control
of the person with a disability.
[469:32:1956]—(NRS A 1963, 327; 1969, 281; 1973, 1138; 1977, 372;
1979, 1637; 1991, 2130; 1993, 2165; 1995, 962)
Money to
carry out the provisions of this chapter may be provided by direct
legislative appropriation from the State General Fund, federal grants or
any other source of money made available for that purpose.
[470:32:1956]—(NRS A 1981, 1043)
1. The Interagency Panel is hereby created. The Panel is
responsible for making recommendations concerning the placement of
persons with disabilities who are eligible to receive benefits pursuant
to this chapter. The Panel consists of:
(a) The Administrator of the Division of Child and Family Services
of the Department of Health and Human Services;
(b) The Administrator of the Division of Mental Health and
Developmental Services of the Department of Health and Human Services;
(c) The Director of the Department of Health and Human Services; and
(d) The Superintendent of Public Instruction.
2. A member of the Panel may designate a person to represent him
at any meeting of the Panel. The person designated may exercise all the
duties, rights and privileges of the member he represents.
3. The Panel shall:
(a) Every time a person with a disability is to be placed pursuant
to subsection 2 of NRS 395.010 in a
foster home or residential facility, meet to determine the needs of the
person and the availability of homes or facilities under the authority of
the Department of Health and Human Services after a joint evaluation of
that person is completed by the Department of Education and the
Department 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 of
Health and Human Services over any home or facility located outside of
this State; and
(c) Make a recommendation concerning the placement of the person.
(Added to NRS by 1995, 960; A 1999, 114 )
Persons with disabilities who are entitled to benefits
pursuant to this chapter must be given priority of placement in homes or
facilities which are located in this State and under the authority of the
Department of Health and Human Services.
(Added to NRS by 1995, 961)
The Division of Child and Family
Services of the Department of Health and Human Services shall, when
monitoring children under its authority whom it has placed in foster
homes and residential facilities outside of the State, also monitor the
well-being of the persons with disabilities who have been placed in those
foster homes and residential facilities pursuant to this chapter, and
report to the Superintendent of Public Instruction concerning the
condition of those persons with disabilities.
(Added to NRS by 1995, 961)
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