Nevada Revised Statutes 388.457 – When pupil attains 18 years of age: Rights transfer to pupil; notice to parent and pupil; exception for pupil adjudicated incapacitated
1. Except as otherwise provided in this section and NRS 388.459, any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., or the regulations adopted pursuant thereto, transfers to the pupil when the pupil attains the age of 18 years.
Terms Used In Nevada Revised Statutes 388.457
- Charter school: means a public school that is formed pursuant to the provisions of chapter 388A of NRS. See Nevada Revised Statutes 385.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. Not less than 90 days before the date on which a pupil with a disability attains the age of 18 years, the school district or charter school in which the pupil is enrolled shall provide notice to the:
(a) Parent of the transfer of the parent’s rights pursuant to subsection 1 and of the process for submission of an application to the school district or charter school pursuant to NRS 388.459.
(b) Pupil concerning the transfer of rights to the pupil.
3. If a pupil with a disability attains the age of 18 years and the pupil is enrolled in a program of special education pursuant to NRS 388.417 to 388.515, inclusive, the school district or charter school in which the pupil is enrolled shall provide any notice required pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and the regulations adopted pursuant thereto, or NRS 388.417 to 388.515, inclusive, and the regulations adopted pursuant thereto, to the:
(a) Parent; and
(b) Pupil with a disability, regardless of whether the parent is appointed to represent the educational interests of the pupil pursuant to NRS 388.459 or the rights transfer to the pupil pursuant to subsection 1.
4. If a court of competent jurisdiction adjudicates a pupil with a disability incapacitated and appoints a guardian for the pupil, all rights pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and the regulations adopted pursuant thereto, remain with or otherwise transfer to the guardian.