NAC387.410. Application for units; action by State Board of Education.

     1. Except as otherwise provided in this section, a school district must submit its application to the Superintendent before the beginning of the school year. If the Superintendent receives an application after the school year begins, it will be considered if money is available; an allocation made as a result of such an application will be prorated for the balance of the school year.

     2. Each application must:

     (a) Identify the need for the special education program unit by providing evidence that existing allocations of special education program units are insufficient to satisfy the demand for special education in the school district; and

     (b) Describe the program of instruction which will be provided to pupils if the special education program unit is allocated.

     3. A school district may show that it has a unique need if:

     (a) A limited incidence of pupils with disabilities exists in a rural area;

     (b) A significant change has occurred in the number of pupils;

     (c) A need exists to offer a program for more than a 180-day school year; or

     (d) A change has occurred in the financial resources available to the school district and the change will result in its inability to serve a substantial number of pupils.

     4. The Superintendent shall review each application before submitting it to the State Board of Education for its approval or disapproval. The Superintendent shall notify the applicant of the Board’s action.

     [Bd. of Education, Special Education Reg. § 2 subsec. 2 + § 4 subsec. 2 + § 5 + § 6, eff. 10-15-81]