Section 388.195 - Transfer of rights to pupil who attains age of majority; notice to parent and pupil1. 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. 3. If a court of competent jurisdiction adjudicates a pupil with a disability incompetent and appoints a guardian for the pupil, all rights pursuant to Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.Nev. Admin. Code § 388.195
Added to NAC by Bd. of Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R064-08, 9-18-2008; A by R017-18A, eff. 1/30/2019NRS 385.080, 388.419 and 388.459