1. A hospital or other facility that submits a request for reimbursement for the cost of providing educational services to a child pursuant to NRS 387.1225 must submit the request in the form and manner prescribed by the Department.2. A hospital or other facility that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS must include in a request for reimbursement: (a) Documentation verifying that the child is a patient or resident of the hospital or other facility;(b) Documentation verifying that the child has attended the private school for more than 7 school days;(c) Documentation that the hospital or other facility has complied with the requirements of paragraphs (a) and (b) of subsection 4, as applicable;(d) Written assurance that the hospital or other facility: (1) Is in compliance with applicable provisions of federal and state law, including, without limitation, Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., and the regulations adopted pursuant thereto, NRS 388.417 to 388.5243, inclusive, and NAC 388.001 to 388.450, inclusive;(2) Will collect data and use forms in its provision of educational services in the form and manner prescribed by the Department;(3) Agrees to an audit of the hospital or other facility by the Department pursuant to subsection 5; and(4) Acknowledges that the school district or charter school in which the child is enrolled before his or her admission to the hospital or other facility is the local educational agency for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto; and(e) A copy of the plan for the continued education of the child developed pursuant to subsection 1 of NRS 432B.60847 or section 8.3. A hospital or other facility licensed in the District of Columbia or any state or territory of the United States that provides residential treatment to children and which operates an educational program accredited by a national organization and approved by the Department must include in its request for reimbursement: (a) Documentation verifying that: (1) The child is a patient or resident of the hospital or other facility;(2) The child is a resident of this State;(3) The child is admitted to the hospital or other facility on an order from a physician because the necessary treatment required for the child is not available in this State;(4) The child has attended the accredited educational program for more than 7 school days;(5) The child is not currently homeschooled or enrolled in a private school and was not homeschooled or enrolled in a private school before being admitted to the hospital or other facility;(6) The child has been admitted to the hospital or other facility under the order of a physician to receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed; and(7) The hospital or other facility has complied with the requirements of paragraphs (a) and (b) of subsection 4, as applicable;(b) Written assurance that the hospital or other facility: (1) Is in compliance with applicable provisions of federal and state law, including, without limitation, Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., and the regulations adopted pursuant thereto, NRS 388.417 to 388.5243, inclusive, and NAC 388.001 to 388.450, inclusive;(2) Will collect data and use forms in its provision of educational services in the form and manner prescribed by the Department;(3) Agrees to an audit of the hospital or other facility by the Department pursuant to subsection 5; and(4) Acknowledges that the school district or charter school in which the child is enrolled before his or her admission at the hospital or other facility is the local educational agency for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto; and(c) A copy of the plan for the continued education of the child developed pursuant to subsection 1 of NRS 432B.60847 or section 8.4. A hospital or other facility that submits a request for reimbursement for the cost of providing educational services to a child pursuant to NRS 387.1225 must: (a) Notify the school district or charter school in which the child is enrolled upon admitting the child to the educational program;(b) Request the transfer of the education records of the child which are collected, maintained or used by the school district or charter school in which the child is enrolled to the hospital or other facility upon admitting the child to the hospital or other facility;(c) Transfer the education records of the child which are collected, maintained or used by the hospital or other facility to the school district or charter school in which the child is enrolled upon admitting the child to the educational program;(d) Notify in writing the school district or charter school in which the child is enrolled upon the discharge of the child from the hospital or other facility and the educational program;(e) Transfer the education records of the child which are collected, maintained or used by the hospital or other facility to the school district or charter school in which the child is enrolled upon the discharge of the child from the hospital or other facility and the educational program;(f) When the child is ready for reentry into a school district or charter school, meet with the school district or charter school to develop a plan for reentry of the child upon the discharge of the child from the hospital or other facility and the educational program; and(g) Maintain daily attendance records documenting the attendance of the child and receipt of educational services as prescribed by the Department and submit to the Department the attendance records of the child upon the request of the Department.5. The Department will prescribe the areas to be audited pursuant to an agreement entered into pursuant to subsection 2 or 3, as applicable, to ensure compliance with applicable federal and state law and regulations, including, without limitation, this section and NRS 387.1225.6. The Department will review and approve or deny a completed request for reimbursement for the cost of providing educational services to a child submitted pursuant to subsection 2 or 3, as applicable, and give notice of its decision to the hospital or other facility.7. A decision of the Department approving or denying a request for reimbursement for the cost of providing educational services to a child submitted pursuant to subsection 2 or 3, as applicable, is not subject to administrative or judicial review.Nev. Admin. Code § 388.Sec. 7
Added to NAC by Bd. of Education by R133-22A, eff. 2/20/2023