AB468 - Revises provisions relating to education. (BDR 34-919)

A.B. 468 - *AB468* ASSEMBLY BILL NO. 468–ASSEMBLYMEMBER GALLANT MARCH 17, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-919) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 1) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; authorizing a private school that provides certain health care services to a child placed in the school under certain circumstances to request reimbursement from the school district or charter school in which the child was enrolled; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, certain hospitals and other facilities that are licensed in this 1 State to provide residential treatment to children and also operate a licensed private 2 school are authorized to request reimbursement from the school district or charter 3 school in which a child is enrolled for the cost of providing educational services to 4 a child who is verified to be a patient or resident of the hospital or facility and who 5 attends the private school for more than 7 school days. (NRS 387.1225) Upon 6 receiving such a request for reimbursement, a school district or charter school is 7 required to determine the amount of the reimbursement owed to the hospital or 8 other facility by converting the adjusted base per pupil funding or the statewide 9 base per pupil funding amount, as applicable, for the school district or charter 10 school that the child would otherwise attend into a daily rate. If the child is a pupil 11 with a disability and the hospital or facility meets certain requirements, the daily 12 rate of reimbursement to which the hospital or facility is entitled is increased by the 13 statewide multiplier for the pupil. (NRS 387.1225) The statewide base per pupil 14 funding amount, adjusted base per pupil funding and statewide multiplier are 15 established pursuant to the Pupil-Centered Funding Plan, which is the formula for 16 the distribution of state financial aid to public schools in this State. (NRS 387.121, 17 387.1214, 387.122) 18 Section 1 of this bill likewise authorizes a hospital or other facility that is 19 licensed in this State, operates a licensed private school and provides outpatient, 20 – 2 – - *AB468* rather than residential, treatment to a child to request such reimbursement from the 21 school district or charter school in which the child is enrolled if: (1) the school 22 district or charter school verifies that the child is a patient of the hospital or facility; 23 (2) the child attends the private school for more than 7 school days; and (3) the 24 child is a pupil with a disability who previously received special education and 25 related services under the authority of the school district or charter school in which 26 the child is enrolled. 27 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 387.1225 is hereby amended to read as 1 follows: 2 387.1225 1. A hospital or other facility which is licensed by 3 the Division of Public and Behavioral Health of the Department of 4 Health and Human Services that provides residential or outpatient 5 treatment to children and which operates a private school licensed 6 pursuant to chapter 394 of NRS may request reimbursement from 7 the school district or charter school in which a child is enrolled for 8 the cost of providing educational services to the child if: 9 (a) The school district or charter school verifies that the child is 10 a patient or resident of the hospital or facility; [and] 11 (b) The child attends the private school for more than 7 school 12 days [.] ; and 13 (c) For a child who receives only outpatient and not residential 14 treatment, the child is a pupil with a disability who previously 15 received special education and related services under the authority 16 of the school district or charter school in which the child is 17 enrolled. 18 2. A hospital or other facility licensed in the District of 19 Columbia or any state or territory of the United States that provides 20 residential treatment and which operates an educational program 21 accredited by a national organization and approved by the 22 Department of Education may request reimbursement from the 23 school district or charter school in which a child is enrolled for 24 the cost of providing educational services to the child if: 25 (a) The Department and the school district or charter school, as 26 applicable, verify that the child: 27 (1) Is a patient or resident of the hospital or facility; and 28 (2) Is a resident of this State; and 29 (b) The child: 30 (1) Is admitted to the hospital or facility on an order from a 31 physician because the necessary treatment required for the child is 32 not available in this State; 33 – 3 – - *AB468* (2) Attends the accredited educational program for more than 1 7 school days; 2 (3) Is not homeschooled or enrolled in a private school; and 3 (4) Has been admitted to the medical facility under the order 4 of a physician to receive medically necessary treatment for a 5 medical or mental health condition with which the child has been 6 diagnosed. 7 3. A hospital or other facility that wishes to receive 8 reimbursement pursuant to subsection 2 shall: 9 (a) Notify the Department and the school district or charter 10 school in which the child is enrolled upon admitting the child to the 11 accredited educational program; and 12 (b) Transfer any educational records of the child to the school 13 district or charter school in which the child is enrolled in accordance 14 with any applicable regulations adopted pursuant to subsection 9. 15 4. Upon receiving a request for reimbursement pursuant to 16 subsection 1 or 2, the school district or charter school in which the 17 child is enrolled shall determine the amount of reimbursement to 18 which the hospital or facility is entitled by multiplying the number 19 of days determined pursuant to subsection 6 by the following, as 20 applicable: 21 (a) The daily rate of the adjusted base per pupil funding for the 22 school district which the child would otherwise attend. The daily 23 rate of the adjusted base per pupil funding for the school district 24 which the child would otherwise attend must be calculated by 25 dividing the adjusted base per pupil funding provided to the school 26 district in which the child is enrolled pursuant to NRS 387.1214 by 27 180. 28 (b) The daily rate of the statewide base per pupil funding 29 amount or adjusted base per pupil funding, as applicable, for the 30 charter school which the child would otherwise attend. The daily 31 rate of the statewide base per pupil funding amount or adjusted base 32 per pupil funding, as applicable, for the charter school which the 33 child would otherwise attend must be calculated by dividing the 34 statewide base per pupil funding amount or adjusted base per pupil 35 funding, as applicable, provided to the charter school in which the 36 child is enrolled pursuant to NRS 387.1214 by 180. 37 5. If the request for reimbursement is made pursuant to 38 subsection 1, the child is a pupil with a disability and the hospital or 39 facility is in compliance with the Individuals with Disabilities 40 Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 41 388.5243, inclusive, and any regulations adopted pursuant thereto, 42 the hospital or facility is also entitled to an amount determined by 43 increasing the daily rate determined pursuant to subsection 4 by the 44 statewide multiplier for the pupil established pursuant to 45 – 4 – - *AB468* NRS 387.122, which is received by the school district or charter 1 school where the child was enrolled before being placed in the 2 hospital or facility for the number of days determined pursuant to 3 subsection 6. The Department shall distribute the money withheld 4 from the school district or charter school to the hospital or facility. 5 6. For the purposes of subsections 4 and 5, the amount of 6 reimbursement to which the hospital or facility is entitled must be 7 calculated on the basis of the number of school days the child is a 8 patient or resident of the hospital or facility and attends the private 9 school or accredited educational program, as applicable, excluding 10 the 7 school days prescribed in paragraph (b) of subsection 1 or 11 subparagraph (2) of paragraph (b) of subsection 2, as applicable. 12 7. A hospital or other facility is not entitled to reimbursement 13 for days of instruction provided to a child in a year in excess of the 14 minimum number of days of free school required by NRS 388.090. 15 8. If a hospital or other facility requests reimbursement from a 16 school district or charter school for the cost of providing educational 17 services to a pupil with a disability pursuant to subsection 1 or 2, the 18 school district or charter school in which the child is enrolled shall 19 be deemed to be the local educational agency for the child for the 20 purposes of the Individuals with Disabilities Education Act, 20 21 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and 22 any regulations adopted pursuant thereto. 23 9. The Department shall adopt any regulations necessary to 24 carry out the provisions of this section, which may include, without 25 limitation, regulations to: 26 (a) Prescribe a procedure for the transfer of educational records 27 pursuant to subsection 3; 28 (b) Carry out or ensure compliance with the requirements of 29 subsections 4 and 5 concerning reimbursement for educational 30 services provided to a pupil with a disability; and 31 (c) Require the auditing of: 32 (1) A hospital or other facility that requests reimbursement; 33 and 34 (2) A school district or charter school from which 35 reimbursement is requested, 36  pursuant to this section to ensure compliance with any applicable 37 provisions of federal or state law. 38 10. The provisions of this section must not be construed to 39 authorize reimbursement pursuant to this section of a hospital or 40 facility for the cost of health care services provided to a child. 41 11. As used in this section: 42 (a) “Hospital” has the meaning ascribed to it in NRS 449.012. 43 (b) “Private school” has the meaning ascribed to it in 44 NRS 394.103. 45 – 5 – - *AB468* Sec. 2. The provisions of NRS 354.599 do not apply to any 1 additional expenses of a local government that are related to the 2 provisions of this act. 3 Sec. 3. This act becomes effective on July 1, 2025. 4 H