NRS388.493. Pupil with a disability attains 18 years of age: Application by parent to represent educational interests of pupil; duration of representation; appeal; regulations.

      1.  A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:

      (a) The parent believes that the pupil does not have the ability to provide informed consent with respect to the pupil’s own educational program; and

      (b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.

      2.  The application must be submitted on a concise form prescribed by the Department. The application:

      (a) Must not be unduly burdensome on the parent to fill out; and

      (b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.

      3.  If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:

      (a) The pupil receives a standard high school diploma or an adjusted diploma;

      (b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.440 to 388.5317, inclusive; or

      (c) The parent elects to transfer the right to represent educational interests to the pupil.

      4.  A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.

      5.  The State Board shall adopt regulations to carry out this section and NRS 388.492, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his or her parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.

      (Added to NRS by 2007, 2918)