Washoe School Board Initiates Legal Action Against Nevada Education Department

Reno, Nevada — The Washoe County School Board voted on April 22 to pursue legal action against the Nevada Department of Education. The board claims the state is refusing to fund a residential treatment program for a student with disabilities.

According to the district, the law requires the state to pay for out-of-state residential placements due to a lack of alternatives. District officials estimate it will cost approximately $50,000 to initiate legal proceedings aimed at compelling the state to follow the mandated guidelines.

The district highlighted that $2 million in state funds is allocated annually for extraordinary expenses related to students with disabilities, which should apply to this case. However, there has been no response from the Nevada Department of Education regarding the legal action or their stance on the funding rules.

In March, the school board approved an agreement for the residential placement of a child who is deaf and has pronounced behavioral needs. This placement is expected to cover the remainder of the 2024-25 school year and the following year at a total cost of $582,000. Despite this, the district asserts that the state has refused to pay for the program.

The district stated, “The district made numerous attempts to collaborate with the Nevada Department of Education to ensure compliance with the program. However, the Nevada Department of Education has and continues to assert that it does not need to comply with the program.” According to the district, the NDE claims it lacks direct funding for such programs.

Furthermore, district officials allege the state has suggested applying through different funding sources that do not cover residential placements. They also accuse the state of planning to modify the administrative codes regarding funding for residential programs during a meeting in May, after the district had already submitted the application for the child.

“It is unclear why the state doesn’t have the money when there is an account with millions for exactly this expense,” the district said. “In Fiscal Year 2024, the State spent less than $375,000 out of this account.” The district concluded by questioning where the remaining funds allocated for extraordinary expenses for students with disabilities were being spent.