[Rev. 11/21/2013 11:25:00 AM--2013]

CHAPTER 392B - PROGRAM OF SCHOOL CHOICE FOR CHILDREN IN FOSTER CARE

NRS 392B.010        Definitions.

NRS 392B.020        “Custodian” defined.

NRS 392B.030        “Foster home” defined.

NRS 392B.040        “Program” defined.

NRS 392B.100        Administration of Program; regulations; provision of information concerning Program.

NRS 392B.110        Eligibility for participation; exemption; contents of application; notice of approval or denial; consideration of best interests of child; no duty to provide transportation.

NRS 392B.120        Eligibility for continued participation in Program; request for transfer or withdrawal from Program.

NRS 392B.130        Enrollment on basis of lottery system required under certain circumstances.

NRS 392B.140        Count of pupils for State Distributive School Account.

NRS 392B.150        Contract for evaluation of Program authorized.

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      NRS 392B.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 392B.020, 392B.030 and 392B.040 have the meanings ascribed to them in those sections.

      (Added to NRS by 2007, 800)

      NRS 392B.020  “Custodian” defined.  “Custodian” has the meaning ascribed to it in NRS 432B.060.

      (Added to NRS by 2007, 800)

      NRS 392B.030  “Foster home” defined.  “Foster home” has the meaning ascribed to it in NRS 424.014.

      (Added to NRS by 2007, 800)

      NRS 392B.040  “Program” defined.  “Program” means the Program of School Choice for Children in Foster Care established pursuant to NRS 392B.100.

      (Added to NRS by 2007, 800)

      NRS 392B.100  Administration of Program; regulations; provision of information concerning Program.

      1.  There is hereby established the Program of School Choice for Children in Foster Care, to be administered by the Department.

      2.  The State Board shall adopt regulations:

      (a) Prescribing the process for the submission of an application by a legal guardian or custodian of a child, as applicable, to participate in the Program; and

      (b) As are necessary to carry out the provisions of this chapter.

      3.  The Department shall provide information to the general public concerning the Program.

      (Added to NRS by 2007, 800)

      NRS 392B.110  Eligibility for participation; exemption; contents of application; notice of approval or denial; consideration of best interests of child; no duty to provide transportation.

      1.  The legal guardian or custodian of a child may submit to the Department an application to participate in the Program if:

      (a) The child has been placed in a foster home; and

      (b) The child is enrolled in a public school or is not enrolled in a school because the child has not attained the age required for enrollment.

      2.  A legal guardian or custodian of a child, as applicable:

      (a) Must include in the application the name of the public school in which the child is enrolled, if applicable, and the name of the school in which the legal guardian or custodian of the child wishes to enroll the child. The public school in which the child wishes to enroll does not have to be located in the school district in which the child resides.

      (b) May include in the application a statement describing the reason for requesting that the child participate in the Program.

      3.  Upon receipt of an application pursuant to subsection 1, the Department shall notify the school district in which the child resides and the school district in which the child wishes to enroll, if applicable, that an application to participate in the Program has been submitted on behalf of the child.

      4.  The Department shall approve an application if the application satisfies the requirements of subsections 1 and 2.

      5.  Upon approval of an application, the Department shall provide a written statement of approval to the legal guardian or custodian of the child, as applicable, and the public school in which the child will be enrolled. Upon denial of an application, the Department shall provide a written statement of denial to the legal guardian or custodian of the child indicating the reason for the denial.

      6.  In determining whether to accept or deny an application submitted pursuant to subsection 1, the Department, in coordination with the board of trustees of the school district in which the child resides and the board of trustees of the school district in which the child wishes to attend school, if applicable, shall consider the best interests of the child in continuing the child’s education in the public school in which the child was enrolled before the child was placed in a foster home or in transferring to another public school within this State. Every effort must be made to enroll the child in the public school requested by the legal guardian or custodian of the child pursuant to subsection 2.

      7.  Neither the board of trustees of the school district in which the child resides nor the board of trustees of the school district in which the child attends school, if applicable, is required to provide transportation for the child to attend a public school which the child is not zoned to attend.

      8.  A child who is under the care, or in the legal or physical custody, of an agency which provides child welfare services, as defined in NRS 432B.030, is exempt from the provisions of this section and shall attend school in accordance with the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et seq., and any regulations adopted pursuant thereto.

      (Added to NRS by 2007, 800; A 2013, 522)

      NRS 392B.120  Eligibility for continued participation in Program; request for transfer or withdrawal from Program.

      1.  A child may continue to participate in the Program, even if the child is no longer placed in a foster home, if the child is enrolled in good standing in the public school in which the child is enrolled pursuant to the Program and until the child:

      (a) Attains 21 years of age; or

      (b) Graduates from high school,

Ę whichever occurs first.

      2.  The parent, legal guardian or custodian of a child, as applicable, who participates in the Program may:

      (a) In the manner required by the Department, request a transfer of the child to another public school.

      (b) Withdraw the child from participation in the Program at any time upon written notice to the Department.

      3.  If a child withdraws from the Program, the child must be allowed to enroll in the public school that he or she is otherwise zoned to attend.

      (Added to NRS by 2007, 801)

      NRS 392B.130  Enrollment on basis of lottery system required under certain circumstances.  If more children who participate in the Program apply for enrollment in a public school than the number of spaces which are available at that school, the Department shall determine which applicants to enroll at random on the basis of a lottery system.

      (Added to NRS by 2007, 802)

      NRS 392B.140  Count of pupils for State Distributive School Account.  If a child participates in the Program, the child must be included in the count of pupils in the school district in which the child attends school for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive.

      (Added to NRS by 2007, 802)

      NRS 392B.150  Contract for evaluation of Program authorized.

      1.  The Department may enter into a contract with one or more qualified, independent consultants to conduct an evaluation of the Program established pursuant to this chapter.

      2.  If an evaluation is conducted pursuant to subsection 1, the evaluation must include:

      (a) The level of satisfaction reported by the children who participate in the Program;

      (b) The level of satisfaction reported by the parents, legal guardians or custodians of the children who participate in the Program;

      (c) The effectiveness of the Program, including, without limitation, a determination whether the academic achievement of children who participate in the Program has improved; and

      (d) Any other items deemed necessary by the Department.

      3.  If an evaluation is conducted pursuant to this section, the Department:

      (a) Shall submit a copy of the final written report of the evaluation to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      (b) May receive and accept gifts and grants from any source to pay the costs associated with the evaluation.

      (Added to NRS by 2007, 802)