Nevada 2017 Regular Session Status: Enacted

AB 491 — Revises provisions relating to the education of children in foster care. (BDR 34-718)

Last action — Approved by the Governor. Chapter 488.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 29, 2017. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

388 added · 433 removed

388 line(s) added, 433 removed.

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EXEMPT (Reprinted with amendments adopted on May 30, 2017) SECOND REPRINT A.B.
Assembly Bill No.
491 A SSEMBLY B ILLN O.
491–Committee on Education CHAPTER..........
491–COMMITTEE ON E DUCATION M ARCH 29, 2017 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to the education of children in foster care.
(BDR 34-718) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(NOTREQUESTED BAFFECTELOCALG OVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
§§ 6301 et seq.) This Act requires each state to adopt a plan that describes the steps the state will take to ensure the educational stability of children in foster care, in the child’s school of origin, which is the public school in which he or she waslled enrolled before entering foster care.
the state will take to ensure the educational stability of children in foster care,eps including requiring, with limited exception, a child in foster care to remain enrolled in the child’s school of origin, which is the public school in which he or she was enrolled before entering foster care.
Section 7 also sets forth certain criteria that must be used by the agency in making such a determination.
Section 7 also sets forth certain criteria that must be used by the Section 7.5 of this bill requires the board of trustees of a school district or the governing body of a charter school to allow a pupil who leaves foster care to remain enrolled in his or her school of origin until the end of the school year unless the parent or guardian of the pupil elects to enroll the pupil in a different school.
- *AB491_R2* – 2 – Section 7.5 of this bill requires the board of trustees of a school district or the governing body of a charter school to allow a pupil who leaves foster care to remain enrolled in his or her school of origin until the end of the school year unless the parent or guardian of the pupil elects to enroll the pupil in a different school.
Section 8 of this bill requires the agency which provides child welfare services and the local education agency to provide and pay for the costs of transportation of a child in foster care to the child’s school of origin.
Section 8 of this bill requires the agency which provides child welfare services and the local education agency to provide and pay for the costs of transportation of agency which provides the child welfare services and the local education agency toe provide and pay for the costs of transportation of a child in foster care to the child’s school of origin until any dispute concerning the cost of transportation is resolved.
Section 8 also requires the agency which provides the child welfare services and the local education agency to school of origin until any dispute concerning the cost of transportation is resolved.d’s Section 9 of this bill requires that the Department of Education, each local education agency and each agency which provides child welfare services to designate a single point of contact who is responsible for developing certain policies and procedures relating to children in foster care.
Section 9 of this bill requires that the Department of Education, each local education agency and each agency which provides child welfare services to designate a single point of contact who is responsible for developing certain policies and procedures relating to children in foster care.
Section 10 of this bill requires the State Board of Education to prepare an annual report concerning the academic progress of children in foster care who attend a public school in this State.
annual report concerning the academic progress of children in foster care whon attend a public school in this State.
(1) each education agency to submit to the Department of Education a report relating to children in foster care;
(1) each education foster care;
and (2) an agency which provides child welfare services to a child enrolled in public school in this State to provide any information requested by a local education agency as soon as practicable.
and (2) an agency which provides child welfare services to a childn enrolled in public school in this State to provide any information requested by a local education agency as soon as practicable.
If a court finds that a child is in need of protection and places the child other report to the court before any hearing for a review of the placement of the child.
If a court finds that a child is in need of protection and places the child other than with a parent, an agency acting as the custodian of the child is required to - 79th Session (2017) – 2 – report to the court before any hearing for a review of the placement of the child.
(NRS 432B.580) Section 13.5 of this bill requires the agency to include in the report certain information about the education of the child.
(NRS 432B.580) Section 13.5 of this bill requires the agency to include in the repExisting law establishes the Program of School Choice for Children in Foster Care.
Existing law establishes the Program of School Choice for Children in Foster Care.
(NRS 388E.100) This program allows the legal guardian or custodian of a child who is in foster care to apply to participate in the Program so that the child may be enrolled in a public school other than the public school which the child is zoned to attend.
(NRS 388E.100) This program allows the legal guardian or custodian of a child who is in foster care to apply to participate in the Program so that the child may be enrolled in a public school other than the public school which the child is Section 15 also eliminates a provision which provides that a child who is in the legal or physical custody of an agency which provides child welfare services and is awaiting foster care placement is deemed to be homeless for the purposes of the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.
(NRS 388E.110) Section 15 of this bill eliminates this Program.
legal or physical custody of an agency which provides child welfare services and is awaiting foster care placement is deemed to be homeless for the purposes of the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *AB491_R2* – 3 – (c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is [enrolled in the Program of School Choice for Children in Foster Care established pursuant to NRS 388E.100;] a child in foster care who is remaining in his or her school of origin pursuant to section 7 of this act;
(c) Public school outside the zone of attendance that the pupil is otherwise required to attend if the pupil is [enrolled in the Program of School Choice for Children in Foster Care established pursuant to NRS 388E.100;] a child in foster care who is remaining in his or her school of origin pursuant to section 7 of this act;
Sec.
- 79th Session (2017) – 3 – Sec.
“Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
“Agency which provides child welfare services” has theSec.
Sec.
4.g a“Foster care” has the meaning ascribed to it in 45 C.F.R.
4.
“Foster care” has the meaning ascribed to it in 45 C.F.R.
(c) Any individualized education program or academic plan developed for the child;
developed for the child;d education program or academic plan (d) Whether the child has been identified as an English learner;
(d) Whether the child has been identified as an English learner;
- *AB491_R2* – 4 – (f) The availability of necessary services for the child at the school of origin;
(f) The availability of necessary services for the child at the school of origin;
(a) The agency which provides child welfare services must:
- 79th Session (2017) – 4 – (a) The agency which provides child welfare services must:
and (2) In collaboration with the local education agency, ensure that the child is immediately enrolled in that public school;
and (2) In collaboration with the local education agency, ensure tha(b) The public school may not refuse to the enroll the child on the basis that the public school does not have:
and (b) The public school may not refuse to the enroll the child on the basis that the public school does not have:
and (b) Until the end of the school year during which the child leaves foster care.
and leaves foster care.d of the school year during which the child 2.
2.
- *AB491_R2* – 5 – 3.
3.
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4.
- 79th Session (2017) – 5 – 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.
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 until the dispute is resolved.ansportation to the school of origin Sec.
Sec.
§§ 6301 et seq., including, without limitation, policies and procedures relating to the:
§§ et seq., including, without limitation, policies and procedures relating to the:
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.
As used in this section, “single point of contact” means a natural person or a team of personnel, each of whom has the this section.uthority to perform the responsibilities described in Sec.
Sec.
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 - *AB491_R2* – 6 – a report on children in foster care who attend a public school within the jurisdiction of the local education agency.
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.
3.
- 79th Session (2017) – 6 – 3.
388E.010 NRAs used in this chapter, unless the context otherwise requires, the words and terms defined in [NRS 388E.020, 388E.030 and 388E.040] sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
11.
NRS 388E.010 is hereby amended to read as follows:
388E.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in [NRS 388E.020, 388E.030 and 388E.040] sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.
With the approval of the Superintendent of Public Instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:
With the approval of the Superintendent of Public Instruction, the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district agreement providing for the payment of such tuition as may ben agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:
In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to - *AB491_R2* – 7 – defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec.
- 79th Session (2017) – 7 – Sec.
and (b) Forward mail that the Attorney General receives for a participant to the participant.
and participant to the participant.torney General receives for a 2.
2.
NRS 432B.580 is hereby amended to read as follows:
NRS 432B.580 is hereby amended to read as fol432B.580 1.
432B.580 1.
- *AB491_R2* – 8 – (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.
- 79th Session (2017) – 8 – (a) An evaluation of the progress of the child and the family of treatment or rehabilitation.tions for further supervision, (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:
(b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:
(3) The name of the each school the child attended before enrolling in the school in which he or she is currently enrolled and the corresponding dates of attendance;
enrolling in the school in which he or she is currently enrolled and the corresponding dates of attendance;
and (9) Whether, in the opinion of the agency, it is necessary to appoint a surrogate parent to represent the child in all matters relating to the provision of a free and appropriate public education to the child.
and (9) Whether, in the opinion of the agency, it is necessary to appoint a surrogate parent to represent the child in all matters to the child.he provision of a free and appropriate public education (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.
(d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.
- 79th Session (2017) – 9 – 3.
3.
Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child.
Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing - *AB491_R2* – 9 – the parent or the child.
If the child was delivered to a provider of not appeared in the action, the report need not be sent to that parent.
If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.
and (d) Any other relatives of the child or providers of foster care who are currently providing care to the child.
and (d) Any other relatives of the child or providers of foster care who7.re The notice of the hearing required to be given pursuant to subsection 6:
7.
The notice of the hearing required to be given pursuant to subsection 6:
(a) The continuing necessity for and appropriateness of the placement;
- 79th Session (2017) – 10 – (a) The continuing necessity for and appropriateness of the placement;
- *AB491_R2* – 10 – (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child;
(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child;
The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.
The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, a sibling of the child or a provider of foster care to become a partyf to the hearing.
As used in this section, “individualized education 1414(d)(1)(A).he meaning ascribed to it in 20 U.S.C.
As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C.
§ Sec.
§ 1414(d)(1)(A).
Sec.
LEADLINES OF REPEALED SECTIONS 388E.020 “Custodian” defined.
~~~~~ 17 - 79th Session (2017)
388E.030 “Foster home” defined.
388E.040 “Program” defined.
provision of information concerning Program.am;
regulations;
388E.110 Eligibility for participation;
exemption;
contents of application;
notice of approval or denial;
consideration of best interests of child;
no duty to provide transportation.
388E.120 Eligibility for continued participation in Program;
request for transfer or withdrawal from Program.
388E.130 Enrollment on basis of lottery system required under certain circumstances.
388E.140 Count of pupils for State Distributive School Account.
388E.150 Contract for evaluation of Program authorized.
432B.135 Child in custody of agency which provides child welfare services deemed homeless in certain circumstances.
H - *AB491_R2*
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Action History

  1. Approved by the Governor. Chapter 488.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. Placed on Second Reading File.

  7. From committee: Do pass.

  8. Read first time. Referred to Committee on Education. To committee.

  9. In Senate.

  10. To Senate.

  11. From printer. To reengrossment. Reengrossed. Second reprint .

  12. To printer.

  13. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 2.)

  14. Dispensed with reprinting.

  15. Read third time. Amended. (Amend. No. 979.)

  16. Placed on General File.

  17. From committee: Amend, and do pass as amended.

  18. From printer. To engrossment. Engrossed. First reprint . To committee.

  19. Read second time. Amended. (Amend. No. 481.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  20. Placed on Second Reading File.

  21. From committee: Amend, and do pass as amended.

  22. Notice of eligibility for exemption.

  23. From printer. To committee.

  24. Read first time. Referred to Committee on Education. To printer.

  25. Waiver granted effective: March 28, 2017.

Sponsors

  • Education · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Education

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights education
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Frequently asked questions

Who sponsors AB 491?
AB 491 is sponsored by Education.
What is the current status of AB 491?
This bill has been enacted into law. Introduced March 29, 2017. Enacted.
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