NAC395.160. Continuation of benefits: Annual certification and notification by superintendent of school district; determination by Superintendent of Public Instruction; notice of ineligibility.

     1. The superintendent of each school district shall annually certify, and notify the board of trustees of the district, with regard to each person with a disability from the school district who is receiving benefits pursuant to chapter 395 of NRS, that:

     (a) The person has an individualized educational program developed in accordance with chapter 388 of NAC; and

     (b) After a review of the educational needs of the person and a review of the available resources of the local school district, it has been determined that an appropriate educational program is not available locally and, therefore, the person requires the continuation of benefits.

     2. A determination concerning the continued eligibility of a person with a disability for benefits must be made by the Superintendent of Public Instruction based upon the following considerations:

     (a) A current individualized educational program that is submitted to the Department of Education by a school district; and

     (b) Information provided by the residential school or program attended by the person.

     3. Written notification must be provided to the school district if the Superintendent of Public Instruction determines that the person with a disability is no longer eligible for benefits.

     [Bd. of Education, Handicapped Persons § 5, eff. 2-12-81]—(NAC A 3-14-96)