NRS: CHAPTER 388E - EDUCATION OF CHILDREN IN FOSTER CARE

[Rev. 6/29/2024 3:54:45 PM--2023]

CHAPTER 388E - EDUCATION OF CHILDREN IN FOSTER CARE

NRS 388E.015 “Agency which provides child welfare services” defined.

NRS 388E.025 “Foster care” defined.

NRS 388E.035 “Local education agency” defined.

NRS 388E.045 “School of origin” defined.

NRS 388E.105 Determination of best interests of child entering or in foster care regarding school to attend; considerations when determining best interests; required actions when child is to attend public school other than child’s school of origin; school not to refuse enrollment.

NRS 388E.115 Pupil who leaves foster care to remain enrolled in school of origin until end of school year; exception.

NRS 388E.125 Transportation of child in foster care to school of origin; responsibility for cost; resolution of disputes relating to transportation of child.

NRS 388E.135 Designation and responsibilities of single point of contact for certain issues relating to education of children in foster care.

NRS 388E.145 Reports on children in foster care who attend public school.

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NRS 388E.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 388E.015 to 388E.045, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2007, 800; A 2017, 3111)—(Substituted in revision for NRS 392B.010)

NRS 388E.015 “Agency which provides child welfare services” defined. “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

(Added to NRS by 2017, 3109)

NRS 388E.025 “Foster care” defined. “Foster care” has the meaning ascribed to it in 45 C.F.R. § 1355.20.

(Added to NRS by 2017, 3109)

NRS 388E.035 “Local education agency” defined. “Local education agency” includes, without limitation, the board of trustees of a school district and the sponsor of a charter school.

(Added to NRS by 2017, 3109)

NRS 388E.045 “School of origin” defined. “School of origin” means the public school in which a child was enrolled at the time that the child was placed in foster care or the school in which a child who is in foster care is enrolled at the time of the most recent change in the placement of the child.

(Added to NRS by 2017, 3109)

1. When a child enters foster care or changes placement while in foster care, the agency which provides child welfare services to the child shall determine whether it is in the best interests of the child for the child to remain in his or her school of origin. In making this determination, there is a rebuttable presumption that it is in the best interests of the child to remain in his or her school of origin.

2. In determining whether it is in the best interests of a child in foster care to remain in his or her school of origin, the agency which provides child welfare services, in consultation with the local education agency and the educational decision maker appointed for the child pursuant to NRS 432B.462, must consider, without limitation:

(a) The wishes of the child;

(b) The educational success, stability and achievement of the child;

(d) Whether the child has been identified as an English learner;

(e) The health and safety of the child;

(f) The availability of necessary services for the child at the school of origin;

(g) Whether the child has a sibling enrolled in the school of origin; and

(h) A plan for the continued education of the child, developed pursuant to NRS 432B.60847, if the child is admitted to a psychiatric hospital or facility which provides residential treatment for mental illness.

Ê The costs of transporting the child to the school of origin must not be considered when determining whether it is in the best interests of the child to remain at his or her school of origin.

3. If the agency which provides child welfare services determines that it is in the best interests of a child in foster care to attend a public school other than the child’s school of origin:

(a) The agency which provides child welfare services must:

(1) Provide written notice of its determination to every interested party as soon as practicable; and

(2) In collaboration with the local education agency, ensure that the child is immediately enrolled in that public school; and

(b) The public school may not refuse to the enroll the child on the basis that the public school does not have:

(1) A certificate stating that the child has been immunized and has received proper boosters for that immunization;

(2) A birth certificate or other document suitable as proof of the child’s identity;

(3) A copy of the child’s records from the school the child most recently attended; or

(4) Any other documentation required by a policy adopted by the public school or the local education agency.

(Added to NRS by 2017, 3109; A 2019, 261; 2021, 3160)

NRS 388E.115 Pupil who leaves foster care to remain enrolled in school of origin until end of school year; exception. The board of trustees of a school district or the governing body of a charter school must allow a pupil who leaves foster care to remain enrolled in his or her school of origin until the end of the school year during which the child leaves foster care unless the parent or guardian of the pupil elects to enroll the pupil in a different school.

(Added to NRS by 2017, 3110)

NRS 388E.125 Transportation of child in foster care to school of origin; responsibility for cost; resolution of disputes relating to transportation of child.

1. If the agency which provides child welfare services to a child has determined pursuant to NRS 388E.105 that it is in the best interests of the child to remain in his or her school of origin, the agency which provides child welfare services and the local education agency must provide the child with transportation to the school of origin:

(a) For the entire time that the child is in foster care; and

(b) Until the end of the school year during which the child leaves foster care.

2. The agency which provides child welfare services and the local education agency are jointly responsible for the costs of transportation of a child to the child’s school of origin unless the agency which provides child welfare services and the local education agency mutually agree otherwise.

3. If a dispute arises between the agency which provides child welfare services and the local education agency that is related to the transportation of a child in foster care to the child’s school of origin, including, without limitation, a dispute related to the costs of transportation, and the dispute is not resolved within 5 business days, the juvenile or family court with jurisdiction over the child must resolve the dispute by court order within 5 business days.

4. If a dispute arises between the agency which provides child welfare services and the local education agency that is related to the transportation of a child in foster care, the agency which provides child welfare services and the local education agency must provide the child with transportation to the school of origin until the dispute is resolved.

(Added to NRS by 2017, 3110)

NRS 388E.135 Designation and responsibilities of single point of contact for certain issues relating to education of children in foster care.

1. The Department, each local education agency and each agency which provides child welfare services shall designate a single point of contact who is responsible for:

(a) Developing policies and procedures necessary for the Department, local education agency or agency which provides child welfare services, as applicable, to comply with the requirements of the Every Student Succeeds Act, 20 U.S.C. §§ 6301 et seq., including, without limitation, policies and procedures relating to the:

(1) Communication of information relating to children in foster care among the Department, local education agencies and agencies which provide child welfare services; and

(2) Transportation of children in foster care to their schools of origin.

(b) Communicating and coordinating with other single points of contact designated pursuant to this section.

2. Policies and procedures relating to transportation of a child in foster care to his or her school of origin must include, without limitation, a plan for paying the costs of such transportation.

3. As used in this section, “single point of contact” means a natural person or a team of personnel, each of whom has the ability and authority to perform the responsibilities described in this section.

(Added to NRS by 2017, 3111)

NRS 388E.145 Reports on children in foster care who attend public school.

1. The State Board shall prepare an annual report concerning the academic progress of children in foster care who attend a public school in this State that includes, without limitation, the information prescribed by 20 U.S.C. § 6311(h)(1)(c)(i)-(iii).

2. Each local education agency shall, on or before the date established by the Department, and in the form prescribed by the Department, prepare and submit to the Department a report on children in foster care who attend a public school within the jurisdiction of the local education agency. This report must include the information prescribed by 20 U.S.C. § 6311(h)(1)(c)(i)-(iii).

3. An agency which provides child welfare services to a child enrolled in public school in this State shall provide any information requested by the local education agency to the local education agency as soon as practicable.

(Added to NRS by 2017, 3111)