The Nevada State Board of Education on Dec. 10 opened a public hearing on proposed changes to NAC chapter 388 (LCB file R‑131‑22) intended to strengthen educational planning and credit continuity for students placed in psychiatric hospitals and residential treatment facilities. After hours of presentations and public comment, the board voted to delay final action and asked the Department of Education (NDE) to revise the rule language to address several legal and operational concerns.

Deputy Superintendent Christy McGill told the board the regulation aims to "protect some of our most vulnerable students" by requiring early coordination between hospitals and schools, strengthening residential treatment placement teams, and mandating written discharge plans that include credit pathways and safety recommendations. "If a hospital intends to seek reimbursement for educational services, it must begin consultation with the child's school or district within 3 school days of admission," McGill said.

Public commenters and written submissions, including a detailed letter from Washoe County School District, flagged multiple problems with the proposed language. Washoe officials argued the regulation as drafted "goes beyond the authority set forth in NRS 432B.60847," could impose unclear supervision and monitoring duties on districts that do not control residential facilities, and would create new liability and compliance obligations. The district proposed alternate wording that would require schools to "consider" monitoring and discuss compliance rather than imposing prescriptive duties.

Providers and residential treatment representatives also urged clarity around operational responsibilities. Sam Bogoff, executive director at Sun Arch Academy, said his programs struggle to obtain transcripts and lesson plans from sending schools and asked how the regulation would create accountability for district responses.

Board members pressed NDE staff on specifics: who is the single district point of contact; how IEP obligations would be met when students are served by hospitals; and whether the draft improperly assumes all students have IEPs rather than Section 504 plans. Superintendent Wakefield said the department previously revised language in response to Legislative Commission review, and that drafting choices have been constrained at times by legal interpretation received during rulemaking.

After extended discussion, the board voted to "revisit" the item so staff could incorporate public and district recommendations and return with revised language and a briefing. President Dockweiler said the board was "95% of the way there" but wanted to ensure statutory alignment and operational clarity before final adoption. The motion passed with voice vote and no recorded opposition.

Next steps: NDE will review Washoe County's suggested edits and other public comments, correct typographical errors noted by members, and bring a revised notice and supporting materials back to the board for further consideration and a briefing prior to a subsequent hearing.