Nevada education officials workshop repeal of special-education regulations; Washoe counsel warns students may lose residential funding

Carson City — The Nevada Department of Education on Thursday opened a public workshop to consider repealing Nevada Administrative Code (NAC) sections 388.460 through 388.488, regulations the department says reference statutory provisions that have since been repealed and consolidated into NRS chapter 388.

The change is intended to align state regulations with current statute and the department's existing case-based reimbursement process for extraordinary special-education expenses, officials said. The proposal drew a sustained public comment from Washoe County School District counsel, who said the repeal would create a funding gap for students who require residential placements.

Julie Bowers, director of the Office of Comprehensive Student Services at the Nevada Department of Education, told the workshop that the NAC sections slated for repeal were written to implement provisions of the now-repealed NRS chapter 395 and that keeping them would create “confusion and lack[] a legal basis for their continued enforcement.” She said the statutory language and related programmatic authority were consolidated into NRS chapter 388 after legislative reorganization following 2015 reforms. "It was a reorganization, not a rollback of rights or services for students with disabilities," Bowers said.

Bowers described the current mechanism for reimbursing districts for extraordinary special-education expenses as the state account for special education, administered through a department-reviewed application process (commonly referred to in discussion as the "case" process). She said districts may apply each spring, the department scores applications using a rubric, and reimbursements are issued when applications meet the criteria for extraordinary circumstances linked to a pupil's individualized education program (IEP). On funding, Bowers said the legislature sets the account at a maximum of $2,000,000 annually and the department "can only access funds that have been requested by districts through a case application." She added that historically the department has reimbursed residential service costs when a district demonstrates that a student's academic success is directly linked to residential placement.

Neil Rombarto, chief general counsel for the Washoe County School District, challenged the department's proposal and legal interpretation. Rombarto said the district has sought a residential placement for a student since November 2024 and submitted applications both under the program for persons with disabilities with unique needs (the NAC provisions at issue) and under the case/account process. He argued that the NAC language and the remaining NRS text still reference a “program for persons with disabilities with unique needs” and that removing the NAC provisions would "leave students with disabilities with unique needs who need residential placement out in the cold if you go forward with this." Rombarto further asserted that the case application (as printed in department materials) disallows payment of residential costs and that the department has therefore misinterpreted the statutes and regulations.

Bowers and department staff disputed the district's characterization that repeal would cut off supports. Bowers said the case/account process has been used across the state and that "we have consistently had 2 to 3 districts per year" receive reimbursement through the account for students with significant disabilities, some for large amounts and some for smaller amounts depending on demonstrated need. She also described the department's practice of reviewing billing from residential facilities and requiring documentation that connects the residential placement to educational goals in the student's IEP.

Workshop participants and counsel discussed statutory and regulatory histories, including Senate Bill 508 (2015) that restructured related education law, and subsequent legislative changes counsel cited in exhibits alleging CASE language was removed from the statutory text in 2021. The department acknowledged the legislative reorganization but maintained the practical pathway for districts to request reimbursement remains the account for special education administered through the case application process and associated NAC provisions (NAC 388.319 and NAC 388.323) that implement that process.

No formal action or vote occurred during the workshop. The department's presenter and Washoe County counsel differed on whether the proposed repeal would create an uncompensated gap for students who require residential placement; department officials encouraged districts to submit case applications and reviewed that process as the existing route for reimbursement. The department noted that regulations that are technically tied to repealed statutory language can create administrative and legal confusion and that repealing the NAC sections would correct that misalignment.

The department accepted written materials into the record from Simons Hall Johnston, P.C., the law firm representing Washoe County School District, and said the formal regulatory hearing on the matter will be held before the State Board of Education because these are state board regulations rather than purely department regulations. The workshop closed with no vote at 9:37 a.m.