SB 210 — Revises provisions relating to the education of a child with an emotional disturbance. (BDR 38-561)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.

210210–Senator SENATEDondero BLoop ILLNCHAPTER.......... O .

210–SENATOR DONDERO L OOP M ARCH 11, 2021 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to the education of a child with an emotional disturbance.

(BDR 38-561) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides for the court-ordered admission of a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a psychiatric hospital or facility which provides residential treatment for mental illness.

(NRS 432B.6076) Existing law provides that a child who is admitted to a psychiatric hospital or other facility under those conditions has psychiatric hospital to which such a child is admitted to develop a plan for the -right *SB210_R1* – 2 – which the child was enrolled at the time of admission, any school district that wasin providing services to thean childeducation. at the time of admission, the agency which provides child welfare services and any person responsible for the education of the child.

(NRS 432B.6082) Section 1 requiresof thatthis beforebill arequires childaitions ishas admittedpsychiatric hospital to a facility which providessuch residentiala treatment for mental illness, any school district in which the child wasis enrolledadmitted or which was providing services to thedevelop childa whenplan hefor or she was admitted must monitor the child’scontinued progresseducation whileof the child isin admittedconsultation towith the facilitypublic andor participateprivate school in which the dischargechild planningwas forenrolled transitioningat the childtime intoof aadmission, any school ordistrict anythat disabilitywas isproviding admittedservices to athe facilitychild whichat providesthe residentialtime treatmentof foradmission, mentala illness, the schoolagency districtwhich mustprovides convenechild anwelfare individualizedservices educationand programany meetingperson toresponsible considerfor the appropriatenesseducation of athe residentialchild. placement.

Forresidential anytreatment otherfor child,mental sectionillness, 1any insteadschool requiresdistrict thatin beforewhich the child’schild admissionwas toenrolled suchor awhich facility,was theproviding schoolservices districtto convenethe achild meetingwhen ofhe representativesor fromshe thewas child’sadmitted school,must monitor the schoolchild’s district,progress while the child welfareis servicesadmitted agency,to any person responsible for the educationfacility of the child and anyparticipate otherin agencythe ordischarge organizationplanning thatfor supportstransitioning the child,child tointo considera theschool appropriatenessor ofany aother residentialeducational placement.setting.

SectionsSection 2-41 ofadditionally thisrequires billthat makebefore conforminga changespupil to:with a disability is admitted to a facility which provides residential treatment for mental meeting to consider the appropriateness of a residential placement.

(1)For indicateany theother placementchild, of section 1 ininstead requires that before the Nevadachild’s rightadmission to ansuch a facility, the school district convene a meeting of representatives from the child’s school, the school district, the child welfare services agency, any person responsible for the education inof accordancethe withchild and any other agency or organization that supports the plan.child, make conforming changes to:

(1) indicate the placement of section 1 in the Nevadabill - 81st Session (2021) – 2 – right to an education in accordance with the plan.

Existing law requires that the treatment provided to a child with an emotional disturbance must be designed to facilitate the adjustment and effective functioning of the child in his or her present or anticipated situation in life, and includes certain continued education of the child if the child is admitted to a psychiatric hospital or facility which provides residential treatment for mental illness is included in the required services.

(NRS 433B.300) Section 6.5 of this bill requires that a plan for the facility which provides residential treatment for mental illness is included in the or required services.

(NRS 388E.105) Section 4.5 of this bill requires that the consideration of a plan for the continued education of the child, if the child is admitted to a psychiatric hospital or facility which provides residential treatmentdetermining forwhether mental illness, be added to the list of factors considered when school of origin.er it is in the best interests of the child to remain in his or her Existing federal law requires a school district to develop an individualized education program for the education of aorigin. pupil with a disability who attends a public school in the district.

Existing federal law requires a school district to develop an individualized education program for the education of a pupil with a disability who attends a public school in the district.

§§ 300.132, 300.137-300.139) If a child for whom an individualized education program or services plan has been developed is ina thecourt custodyto ofa anpsychiatric agencyhospital whichor providesother childfacility welfarewhich servicesprovides andresidential admitted by treatment for mental illness, sections 5 and 6 require the school district to provide the individualized education program or services plan, as applicable, to the psychiatric hospital or other facility.

-EXPLANATION *SB210_R1* – 3Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

A psychiatric hospital to which a child who is in the custody of an agency which provides child welfare services is admitted pursuant to NRS 432B.6076 shall, in consultation with the public or private school in which the child was enrolled when he or she was admitted to the psychiatric hospital, any school district in which the child was enrolled or which was providing services to the child when he or she was admitted to the psychiatric hospital,- the81st agencySession which(2021) provides– child3 welfare– services and any person responsible for the education of the child, develop a planplany for the continued education of the child while the child remains enrolled in the public or private school or the school district yet is admitted to the psychiatric hospital.

(b) Provisions for the transfer of instructional materials to the psychiatric hospital from the school in which the child waswasls enr(c)to Proceduresthe forenrolled monitoringwhen thehe implementationor ofshe was admitted to the planl;psychiatric hospital;

(c) Procedures for monitoring the implementation of the plan and the appropriateness of the instruction being provided to the child;

and (e) A plan for continuing the education of the child after he or she is discharged from the psychiatric hospital, including, without limitation, a plan for transitioning the child into a school or any - *SB210_R1* – 4 – other educational setting in which the child will receive instructionins3.ucBefore afteradmission discharge.of a child who is in the custody of an agency which provides child welfare services to a facility which provides residential treatment for mental illness, the public or private school or any school district in which the child was enrolled or which was providing services to the child when he or she was admitted to the facility must:

3.(a) For a child who is a pupil with a disability, convene an individualized education program meeting to consider the - 81st Session (2021) – 4 – appropriateness of a residential placement under federal law as it relates to the child’s education needs;

Before(b) admissionConvene of a childmeeting whoof isrepresentatives inof the custodypublic ofor anprivate agencyschool in which providesthe child welfarewas servicesenrolled, tothe aschool facilitydistrict whichwelfare providesservices, residentialany treatmentperson responsible for mental illness, the publiceducation orof privatethe schoolchild orand any schoolother districtorganization inthat whichprovides thesupport childto wasthe enrolledchild, oras whichappropriate, wasto providingconsider, servicespursuant to the childstatewide whenframework hefor orintegrated shestudent wassupports admittedestablished pursuant to NRS 388.885, the facilityappropriateness must:of a residential placement;

(a) For a child who is a pupil with a disability, convene an individualized education program meeting to consider the appropriateness of a residential placement under federal law as it relates to the child’s education needs;

(b) Convene a meeting of representatives of the public or private school in which the child was enrolled, the school district in which the child was enrolled, the agency which provides child welfare services, any person responsible for the education of the child and any other organization that provides support to the child, as appropriate, to consider, pursuant to the statewide framework for integrated student supports established pursuant to NRS 388.885, the appropriateness of a residential placement;

(d) “Public school” includes, without limitation, a university schoolsch(e) for“Services profoundlyplan” giftedhas pupils.the meaning ascribed to it in 34 C.F.R.

(e) “Services plan” has the meaning ascribed to it in 34 C.F.R.

- *SB210_R1* – 5 – Sec.

432B.6082 In addition to the personal rights set forth in NRS 432B.607 to 432B.6085, inclusive, and section 1 of this act, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS, and NRS 435.530 to 435.635, inclusive, a child who is in the custody of an agency which provides child welfare services and who is admitted to a facility has the following personal rights, a list of which must be prominently - 81st Session (2021) – 5 – posted in all facilities providing evaluation, treatment or training services to such children and must be otherwise brought to the attention of the child by such additional means as prescribed by regulation:

1.developed pursuant to section 1 of this act as required by law;

To receive an education in accordance with a plan developed pursuant to section 1 of this act as required by law;

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 locallocaly which education agency and the educational decision maker appointed for the child pursuant to NRS 432B.462, must consider, without limitation: