Section 388.Sec. 10 - NEWA plan for the continued education of a child developed pursuant to subsection 1 of NRS 432B.60847 or subsection 1 of section 8 by a hospital or other facility that plans to request reimbursement for the cost of providing educational services to the child pursuant to NRS 387.1225 must include, without limitation:
1. The name, telephone number and electronic mail address for: (a) The members of the staff of the hospital or other facility and the school district or charter school in which the child is enrolled who will serve as the primary points of contact for those entities concerning the plan; and(b) If the child is in the custody of an agency which provides child welfare services: (1) The member of the staff of the agency which provides child welfare services who is primarily responsible for managing the case of the child; and(2) The educational decision maker appointed for the child pursuant to NRS 432B.462.2. The names of each member of the staff of the hospital or other facility and of the school district or charter school who is responsible for implementing each component of the plan, including, without limitation, providing instruction.3. Methods, processes and timelines for communication between the persons described in subsection 1, including, without limitation:(a) The frequency of communication concerning the progress of the child, as determined in accordance with the provisions of the plan, by the hospital or facility to the persons identified as primary points of contact for the school district or charter school in which the child is enrolled and, if the child is in the custody of an agency which provides child welfare services, the member of the staff of the agency which provides child welfare services who is primarily responsible for managing the case of the child. Such communications must occur at least: (1) Weekly during the first 30 days during which the child is admitted to the hospital or other facility; and(b) Deadlines by which any person described in subsection 1 must provide information relating to the child or plan to any person described in paragraph (a) of subsection 1 who requests it, which must be not later than 3 business days after the request is made.(c) Provisions to ensure that information relating to the child is safeguarded in accordance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and 34 C.F.R. Parts 98 and 99.4. Mechanisms for the transfer of instructional materials to the hospital or other facility from each school district or charter school in which the child was enrolled or that is providing services to the child when he or she was admitted to the hospital or facility, including, without limitation: (a) Processes and a timeline for the transfer of instructional materials, including, without limitation, the identification of each entity that will assume financial responsibility for the costs associated with the transfer;(b) The identification of members of the staff of the hospital or facility and the school district or charter school who are responsible for the transfer of instructional materials;(c) Provisions for the safe storage and maintenance of instructional materials by the hospital or facility, including, without limitation, any electronic devices provided to the hospital or facility by the school district or charter school for purposes related to the education of the child while he or she is admitted;(d) Provisions for the hospital or facility to replace any instructional materials that are lost or damaged as a result of the actions of the hospital or facility; and(e) Provisions for the safe storage and transfer of education records by the hospital or facility to the school district or charter school as required by section 7 in a manner that complies with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and 34 C.F.R. Parts 98 and 99.5. The average number of instructional hours per week that the hospital or other facility must provide to the child while he or she is admitted, which must align with best practices for home hospital services, and mechanisms for modifying the number of instructional hours in a week based on the mental health, needs and functioning of the child.6. Provisions concerning the ability of the child to demonstrate satisfactory completion of required courses, including, without limitation: (a) The manner in which the hospital or other facility will monitor and record the attendance of the child in accordance with section 7, which must be expressed in terms of the number of instructional hours provided to the child in a week pursuant to subsection 5;(b) For a child who is in grade 11 or 12, any modifications made pursuant to NRS 389.330 to a course or study necessary to assist the child in satisfying the requirements for graduation, including, without limitation, any such modifications made through mutual agreement by the child and his or her parent or guardian;(c) Provisions regarding the use of nonacademic programming and activities provided by the hospital or facility as part of the treatment of the child for elective credit toward the number of credits required for promotion or graduation, including, without limitation, physical education credit;(d) Any arrangements for the sharing of responsibilities for instruction of the child between the school district or charter school and the hospital or facility, which may include, without limitation, part-time or full-time virtual instruction provided by the school district, charter school or another online school that has been approved by the Department; and(e) If the child is in foster care, any means by which the child may receive full or partial credit pursuant to NRS 389.320 or a plan developed for the child pursuant to NRS 388A.489.7. A description of the educational services and instruction that will be provided to the child while the child is admitted to the hospital or other facility, including, without limitation: (a) Academic instruction that assists the child in maintaining his or her current educational functioning and skills and ensuring that the child does not fall behind his or her peers with regard to educational functioning and skills;(b) Instructional content that aligns with the standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520;(c) The method by which instruction will be provided, which may include, without limitation, in-person individual instruction, in-person small group or classroom instruction or a combination thereof;(d) The identification of current or previous challenges experienced by the child in accessing instruction and instructional content, including, without limitation, any behaviors in which the child has engaged to avoid instruction;(e) A description of strategies and methods that have been effective in supporting the child to successfully access instruction and instructional content and successfully complete assignments;(f) If the child is an English learner:(1) A description of the manner in which the rights established by NRS 388.406 will be guaranteed;(2) Provisions to ensure that any applicable policy developed pursuant to NRS 388.407 or corrective action plan adopted pursuant to NRS 388.408 will be followed; and(3) Any other provisions necessary to meet the unique needs of the child as an English learner; and(g) Mechanisms and processes for responding to an unexpected delay in the transfer of instructional materials to the hospital or facility, including, without limitation, provisions to notify the school district or charter school in accordance with the methods, processes and timelines for communication established pursuant to subsection 3.8. Processes for monitoring, recording and reporting the academic progress of the child concerning the educational services and instruction provided pursuant to subsection 7, including, without limitation:(a) The frequency and method by which the hospital or other facility will report on the progress of the child to the primary points of contact for the school district or charter school in which the child is enrolled that were identified pursuant to paragraph (a) of subsection 1 and the persons identified pursuant to paragraph (b) of subsection 1;(b) Mechanisms and processes to identify the circumstances under which the plan will be reviewed and revised, as necessary, if the child is not making satisfactory academic progress or is losing his or her academic functioning and skills; and(c) If deemed necessary by the hospital or facility and authorized by the policies of the agency which provides child welfare services, if applicable, provisions for regular meetings with the parent or guardian of the child, the person who maintains the foster home in which the child resides, the fictive kin of the child or the relative of the child, as applicable, to monitor the academic progress of the child.9. Provisions and timelines for the transfer to and review of the plan to any hospital or other facility to which the child may be transferred before the child is discharged.10. Procedures to be followed in anticipation of the discharge of the child, which must include, without limitation, a requirement that the hospital or other facility provide written notice as required by section 7 at least 10 days before the discharge to any school or other educational setting where the child will receive instruction after discharge.Nev. Admin. Code § 388.Sec. 10
Added to NAC by Bd. of Education by R133-22A, eff. 2/20/2023