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 Department1. 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. 2. A parent of a pupil with a disability who has a significant cognitive impairment and who participates in the alternate assessment developed by the State may submit to the designated official of the school district or charter school in which the pupil is enrolled, on a form prescribed by the Department, an application to represent the educational interests of the pupil. Such an application must be submitted at least 90 days before the date on which the pupil attains the age of 18 years. The application must include a signed statement by the parent declaring that:
(a) The parent believes that the pupil does not have the ability to provide informed consent with respect to his or her own educational program;(b) The pupil is at least 16 years of age;(c) The pupil has a significant cognitive impairment and participates in the alternate assessment developed by the State; and(d) The date on which the application is being submitted is not less than 90 days before the date on which the pupil attains the age of 18 years.3. Within 30 days after an application is received pursuant to subsection 2, the school district or charter school shall: (a) Review the application for completeness and accuracy; and (b) Provide notice in writing to the parent and the pupil of the determination of the school district or charter school. 4. If a school district or charter school approves an application for a parent to represent the educational interests of a pupil with a disability, the parent shall continue to represent the educational interests of the pupil until: (a) The pupil receives a standard high school diploma; (b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.417 to 388.5243, inclusive; or (c) The parent elects to transfer the right to represent the educational interests to the pupil. 5. If a parent or a pupil with a disability disagrees with the decision made on an application by a school district or charter school submitted pursuant to subsection 2, the parent or the pupil may file a state complaint with the Superintendent pursuant to NAC 388.318. If the complaint is filed before the date on which the pupil attains the age of 18 years, any rights which would have otherwise transferred to the pupil in accordance with NAC 388.195 must remain with the parent pending a final decision on the complaint by the Department.Nev. Admin. Code § 388.197
Added to NAC by Bd. of Education by R064-08, eff. 9-18-2008; A by R017-18A, eff. 1/30/2019NRS 385.080, 388.419 and 388.459