reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 1.3 - NEW

Current through June 11, 2024
1. Each support center used by the Handle
		  with Care Program established pursuant to
		  NRS
		  388.14538 must:
(a) Maintain a detailed plan to provide for
		  the security of any data concerning pupils that is collected, maintained or
		  transferred to a team appointed pursuant to
		  NRS
		  388.14553; and
(b) Adopt a method for notifying a team
		  appointed pursuant to
		  NRS
		  388.14553 if a pupil has been exposed to a
		  traumatic event.
The Program must maintain the confidentiality of any data
			 concerning pupils that is collected, maintained or transferred pursuant to this
			 subsection as prescribed by applicable state and federal law.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 2 - NEW

Current through June 11, 2024
As used in sections 2 to 10, inclusive, unless the context
			 otherwise requires, the words and terms defined in sections 3 to 6, inclusive
			 have the meanings ascribed to them in those sections.
Added
			 to NAC by Bd. of Education by
			 R133-22A,
			 eff. 2/20/2023
NRS
				387.1225
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 3 - NEW

Current through June 11, 2024
"Agency which provides child welfare services" has the meaning
			 ascribed to it in NRS 432B.030.
Added
			 to NAC by Bd. of Education by
			 R133-22A,
			 eff. 2/20/2023
NRS
				387.1225
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 4 - NEW

Current through June 11, 2024
"Fictive kin" has the meaning ascribed to it in
			 NRS
			 432B.0657.
Added
			 to NAC by Bd. of Education by
			 R133-22A,
			 eff. 2/20/2023
NRS
				387.1225
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 5 - NEW

Current through June 11, 2024
"Foster home" has the meaning ascribed to it in
			 NRS
			 424.014.
Added
			 to NAC by Bd. of Education by
			 R133-22A,
			 eff. 2/20/2023
NRS
				387.1225
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 6 - NEW

Current through June 11, 2024
"Parent" has the meaning ascribed to it in
			 NRS
			 432B.080.
Added
			 to NAC by Bd. of Education by
			 R133-22A,
			 eff. 2/20/2023
NRS
				387.1225
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 7 - NEW

Current through June 11, 2024
1. A hospital or other facility that submits
		  a request for reimbursement for the cost of providing educational services to a
		  child pursuant to NRS 387.1225 must submit the
		  request in the form and manner prescribed by the Department.
2. A hospital or other facility that provides
		  residential treatment to children and which operates a private school licensed
		  pursuant to chapter 394 of NRS must include in a request for reimbursement:
(a) Documentation verifying that the child is
		  a patient or resident of the hospital or other facility;
(b) Documentation verifying that the child
		  has attended the private school for more than 7 school days;
(c) Documentation that the hospital or other
		  facility has complied with the requirements of paragraphs (a) and (b) of
		  subsection 4, as applicable;
(d)
		  Written assurance that the hospital or other facility:
(1) Is in compliance with applicable
		  provisions of federal and state law, including, without limitation, Part B of
		  the Individuals with Disabilities Education Act,
		  20 U.S.C. §§
										1411 et seq., and the regulations adopted
		  pursuant thereto, NRS 388.417 to
		  388.5243, inclusive, and NAC
		  388.001 to
		  388.450, inclusive;
(2) Will collect data and use forms in its
		  provision of educational services in the form and manner prescribed by the
		  Department;
(3) Agrees to an audit
		  of the hospital or other facility by the Department pursuant to subsection 5;
		  and
(4) Acknowledges that the
		  school district or charter school in which the child is enrolled before his or
		  her admission to the hospital or other facility is the local educational agency
		  for the purposes of the Individuals with Disabilities Education Act,
		  20 U.S.C. §§
										1400 et seq., and
		  NRS
		  388.417 to
		  388.5243, inclusive, and any
		  regulations adopted pursuant thereto; and
(e) A copy of the plan for the continued
		  education of the child developed pursuant to subsection 1 of
		  NRS
		  432B.60847 or section 8.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 8 - NEW

Current through June 11, 2024
1. If a hospital or other facility which
		  provides residential treatment wishes to request reimbursement from the
		  Department pursuant to
		  NRS
		  387.1225, the hospital or other facility must
		  develop a plan for the continued education of the child while the child remains
		  enrolled in the school district or charter school yet is admitted to the
		  facility, regardless of whether the hospital or other facility is subject to
		  the requirements of subsection 1 of
		  NRS
		  432B.60847.
2. The Department will post on an Internet
		  website maintained by the Department and review at least annually a list of
		  resources to facilitate the development of plans pursuant to subsection 1 of
		  this section and subsection 1 of
		  NRS
		  432B.60847 for the continued education of
		  children admitted to hospitals and other facilities. The list must reflect
		  current best practices for the continued education of such children.
Added
			 to NAC by Bd. of Education by
			 R133-22A,
			 eff. 2/20/2023
NRS
				387.1225
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 9 - NEW

Current through June 11, 2024
1. A plan for the continued education of a
		  child developed pursuant to subsection 1 of
		  NRS
		  432B.60847 or subsection 1 of section 8 by a
		  hospital or other facility that plans to request reimbursement for the cost of
		  providing educational services to the child pursuant to
		  NRS
		  387.1225:
(a) Must be developed in consultation with:
(1) The person or persons who are primarily
		  responsible for the education of children who are admitted to the hospital or
		  facility;
(2) Representatives from
		  any school district or charter school in which the child is enrolled or that is
		  providing services to the child, including, without limitation:
(I) If the child is a pupil with a
		  disability, as defined in
		  NRS
		  388.417, the person or persons who are
		  responsible for managing the individualized education program of the
		  child;
(II) A school counselor,
		  school psychologist, school social worker or other specialized instructional
		  support personnel, as defined in
		  NRS
		  388.890, who is providing noninstructional
		  support to the child; and
(III) A
		  teacher who is providing classroom instruction to the child;
(3) The parent or guardian of the
		  child;
(4) The child, if
		  developmentally appropriate; and
(5) If the child is in the custody of an
		  agency which provides child welfare services:
(I) Representatives of the agency which
		  provides child welfare services, including, without limitation, the person
		  primarily responsible for managing the case of the child; and
(II) The educational decision maker appointed
		  for the child pursuant to
		  NRS
		  432B.462.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › Section 388.Sec. 10 - NEW

Current through June 11, 2024
A plan for the continued education of a child developed pursuant
			 to subsection 1 of NRS 432B.60847 or subsection 1
			 of section 8 by a hospital or other facility that plans to request
			 reimbursement for the cost of providing educational services to the child
			 pursuant to NRS
			 387.1225 must include, without
			 limitation:
1. The name, telephone
		  number and electronic mail address for:
(a)
		  The members of the staff of the hospital or other facility and the school
		  district or charter school in which the child is enrolled who will serve as the
		  primary points of contact for those entities concerning the plan; and
(b) If the child is in the custody of an
		  agency which provides child welfare services:
(1) The member of the staff of the agency
		  which provides child welfare services who is primarily responsible for managing
		  the case of the child; and
(2) The
		  educational decision maker appointed for the child pursuant to
		  NRS
		  432B.462.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.001 - Definitions

Current through June 11, 2024
As used in NAC 388.001 to
				  388.450, inclusive, and sections
				  2 to 10 of this regulation, inclusive of this regulation, unless the context
				  otherwise requires, the words and terms defined in NAC
				  388.005 to
				  388.141, inclusive of this
				  regulation, and sections 2 to 8, inclusive have the meanings ascribed to them
				  in those sections.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R035-99, 11-3-99; R085-99, 2-16-2000;
				  R071-05, 2-23-2006; R058-07, 10-31-2007; R064-08, 9-18-2008; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080,
				  388.419
				  and
				  388.433
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.005 - "Academic achievement" defined

Current through June 11, 2024
Except as otherwise provided in this section, "academic
				  achievement" means the possession of basic reading skills and skills relating
				  to oral expression, listening comprehension, written expression, reading
				  fluency, reading comprehension, mathematics calculation and mathematics
				  reasoning. In the case of a pupil under the age of 6, the term means academic
				  readiness and the mastery of language concepts.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R058-07,
				  10-31-2007
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.015 - "Adaptive skills" defined

Current through June 11, 2024
"Adaptive skills" include communication, self-care, home
				  living, social skills, community use, self-direction, health and safety,
				  functional academics, leisure and work.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A by R085-99, 2-16-2000
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.017 - "Agency with personally identifiable information" defined

Current through June 11, 2024
"Agency with personally identifiable information" has the
				  meaning ascribed to the term "participating agency" in
				  34 C.F.R. §
										300.611.
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.023 - "Assistive technology device" defined

Current through June 11, 2024
"Assistive technology device" has the meaning ascribed to it
				  in
				  34 C.F.R. §
										300.5. The term does not include a medical
				  device that is surgically implanted or the replacement of such a device.
Added to NAC by Bd. of
				  Education, eff. 11-23-93; A by R071-05, 2-23-2006
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.024 - "Assistive technology service" defined

Current through June 11, 2024
"Assistive technology service" has the meaning ascribed to
				  it in
				  34 C.F.R. §
										300.6.
Added to NAC by Bd. of
				  Education, eff. 11-23-93
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.028 - "Autism" defined

Current through June 11, 2024
1. "Autism spectrum
				disorder " means a condition which:
(a)
				Significantly affects the verbal and nonverbal communication and social skills
				of a person and is often characterized by repetitive activities and stereotyped
				movements, resistance to changes in environment or daily routine and responding
				to sensory experiences in an unusual manner;
(b) Is usually apparent before the age of 3
				years; and
(c) Adversely affects
				the educational performance of a pupil causing significant delays or irregular
				patterns in learning, or both.
The term includes, without limitation, a group of
				  developmental disorders such as Asperger's disorder, atypical autism, pervasive
				  developmental disorder and other disorders that share the characteristics
				  described in this subsection.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.0285 - "Business day" defined

Current through June 11, 2024
"Business day" has the meaning ascribed to it in
				  34 C.F.R. §
										300.11(b).
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.029 - "Classroom-based assessment" defined

Current through June 11, 2024
"Classroom-based assessment" means an assessment of the
				  academic work of a pupil produced in a classroom, including, without
				  limitation, samples of the pupil's work, pupil portfolios, progress reports,
				  reports of teachers, curriculum-based measurements, locally normed instruments
				  and tests taken by the pupil which were created by the pupil's teacher.
Added to NAC by Bd. of
				  Education by R085-99, eff. 2-16-2000
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.031 - "Cognitive abilities" defined

Current through June 11, 2024
"Cognitive abilities" means those abilities involving the
				  processes of thinking, reasoning and problem solving.
Added to NAC by Bd. of
				  Education, eff. 7-14-88
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.033 - "Collaborative or consulting services" defined

Current through June 11, 2024
"Collaborative or consulting services" means the assistance
				  provided by special education personnel or other professionals to regular
				  classroom teachers regarding the assessment, teaching and evaluation of a pupil
				  with a disability in a regular educational environment.
Added to NAC by Bd. of
				  Education, eff. 11-23-93; A by R085-99, 2-16-2000
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.0335 - "Communication mode" defined

Current through June 11, 2024
"Communication mode" has the meaning ascribed to it in
				  NRS
				  388.417.
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.0345 - "Deaf-blindness" defined

Current through June 11, 2024
"Deaf-blindness" means concomitant hearing and visual
				  impairments, the combination of which causes severe communication and other
				  developmental and educational needs that cannot be accommodated in special
				  education programs that are solely for pupils who are deaf or pupils who are
				  blind.
Added to NAC by Bd. of
				  Education by R085-99, eff. 2-16-2000
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.041 - "Developmental functioning" defined

Current through June 11, 2024
"Developmental functioning" means cognitive abilities, gross
				  and fine motor skills, self-help, social and emotional condition, and skill in
				  the use of receptive and expressive language.
Added to NAC by Bd. of
				  Education, eff. 7-14-88
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.0415 - "Dyslexia" defined

Current through June 11, 2024
"Dyslexia" has the meaning ascribed to it in
				  NRS
				  388.417.
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.0417 - "Emotional disturbance" defined

Current through June 11, 2024
"Emotional disturbance" means a severe emotional disorder
				  that:
1. Is exhibited by a person for
				at least 3 months;
2. Adversely
				affects academic performance; and
3. Includes one or more of the following:
(a) An inability to learn which is not caused
				by an intellectual, sensory or health factor;
(b) An inability to engage in or to maintain
				interpersonal relationships with peers and teachers;
(c) Inappropriate behavior or
				feelings;
(d) A general and
				pervasive mood of unhappiness or depression;
(e) A physical symptom associated with a
				personal or academic problem; or
(f) The expression of fears regarding
				personal or academic problems.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.042 - "General education curriculum" defined

Current through June 11, 2024
"General education curriculum" means the goals and
				  objectives defined by the public agency and the corresponding materials,
				  equipment and instructional strategies to accomplish the educational functions
				  of the public agency for all enrolled pupils.
Added to NAC by Bd. of
				  Education by R085-99, eff. 2-16-2000; A by R071-05,
				  2-23-2006
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.043 - "Gifted and talented" defined

Current through June 11, 2024
"Gifted and talented" means a person who possesses or
				  demonstrates outstanding ability in one or more of the following:
1. General intelligence;
2. Academic aptitude in a specific
				area;
3. Creative
				thinking;
4. Productive
				thinking;
5. Leadership;
6. The visual arts; or
7. The performing arts.
Added to NAC by Bd. of
				  Education, eff. 9-13-91
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.046 - "Health impairment" defined

Current through June 11, 2024
"Health impairment" means an impairment that limits the
				  strength, vitality or alertness of the pupil, including, without limitation, a
				  heightened alertness to environmental stimuli which results in limited
				  alertness with respect to the educational environment and which:
1. Is caused by chronic or acute health
				problems such as asthma, attention deficit disorder or attention deficit
				hyperactivity disorder, childhood disintegrative disorder, diabetes, epilepsy,
				a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic
				fever, Rett's disorder, sickle-cell anemia and Tourette syndrome; and
2. Adversely affects the educational
				performance of the pupil.
Added to NAC by Bd. of
				  Education by R085-99, eff. 2-16-2000; A by R058-07,
				  10-31-2007
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.047 - "Hearing impairment" defined

Current through June 11, 2024
"Hearing impairment" means an impairment of the hearing
				  mechanism which affects sound integration , prevents or delays the normal
				  development of speech and language and adversely affects the educational
				  performance of a pupil
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93-Substituted in revision for NAC 388.025; A
				  by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.049 - "Homeless youth" defined

Current through June 11, 2024
"Homeless youth" has the meaning ascribed to it in
				  42 U.S.C. §
										11434 a(2).
Added to NAC by Bd. of
				  Education by R071-05, eff. 2-23-2006
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.0495 - "Intellectual disability" defined

Current through June 11, 2024
"Intellectual disability" means a condition that:
1. Is characterized by intellectual
				functioning at a level that is significantly below average, and which exists
				concurrently with related limitations in two or more of the following adaptive
				skill areas:
(a) Communication
				skills;
(b) Self-care;
(c) Home living;
(d) Social skills;
(e) Use of the community;
(f) Self-direction;
(g) Health and safety;
(h) Functional academics;
(i) Leisure; and
(j) Work;
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.052 - "Intervention" defined

Current through June 11, 2024
"Intervention" means a strategy, developed on the basis of
				  individual need, designed to have a remediate effect upon any academic or
				  behavioral difficulties of a pupil. The term does not include disciplinary
				  procedures applied to a group of pupils unless, giving consideration to the
				  individual needs of a pupil, such procedures are demonstrably more appropriate
				  than other strategies.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R058-07, 10-31-2007-Substituted in
				  revision for NAC 388.085
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.054 - "Local educational agency" defined

Current through June 11, 2024
"Local educational agency" has the meaning ascribed to it in
				  20 U.S.C. §
										7801(30)(A).
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.055 - "Mental retardation" defined

Current through June 11, 2024
"Intellectual disability" means a condition that:
1. Is characterized by intellectual
				functioning at a level that is significantly below average, and which exists
				concurrently with related limitations in two or more of the following adaptive
				skill areas:
(a) Communication
				skills;
(b) Self-care;
(c) Home living;
(d) Social skills;
(e) Use of the community;
(f) Self-direction;
(g) Health and safety;
(h) Functional academics;
(i) Leisure; and
(j) Work;
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.065 - "Multiple impairments" defined

Current through June 11, 2024
"Multiple impairments" means the occurrence of an
				  intellectual disability with another disability, the combination of which
				  causes severe educational needs for the pupil.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.067 - "Orthopedic impairment" defined

Current through June 11, 2024
"Orthopedic impairment" means a severe impairment which
				  adversely affects the educational performance of a pupil and which results
				  from:
1. A congenital anomaly,
				including, without limitation, clubfoot and absence of a member;
2. A disease, including, without limitation,
				bone tuberculosis and poliomyelitis; or
3. Any other cause, including, without
				limitation, cerebral palsy, an amputation and a fracture or burn causing a
				contracture.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R071-05,
				  2-23-2006
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.071 - "Parent" defined

Current through June 11, 2024
"Parent" means:
1. A
				biological or adoptive parent;
2. A
				guardian generally authorized to act as a parent of the pupil or authorized to
				make educational decisions for the pupil, but not the State if the pupil is a
				ward of the State;
3. A person
				acting in the place of a biological or adoptive parent, including, without
				limitation, a grandparent, stepparent or other relative with whom the pupil
				resides or a person who is legally responsible for the pupil's
				welfare;
4. A surrogate parent
				appointed pursuant to NAC
				388.283;
5. A foster parent, if the foster parent:
(a) Has an ongoing parental relationship with
				the pupil;
(b) Is willing to make
				the educational decisions required of parents pursuant to Part B of the
				Individuals with Disabilities Education Act,
				20
				U.S.C. §§
											1411 et seq. , and the
				regulations adopted pursuant thereto; and
(c) Has no interest that would conflict with
				the interests of the pupil ; or
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.073 - "Participating agency" defined

Current through June 11, 2024
"Participating agency" means any institution or entity ,
				  other than a public agency, that is likely to be responsible for providing
				  transition services to a pupil or to pay for such services.
Added to NAC by Bd. of
				  Education, eff. 11-23-93; A by R085-99, 2-16-2000; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.074 - "Peer-reviewed research" defined

Current through June 11, 2024
"Peer-reviewed research" means research relating to
				  education that is reviewed by qualified and independent persons to ensure that
				  the quality of the information meets the standards of the field of education
				  before the research is published.
Added to NAC by Bd. of
				  Education by R058-07, eff. 10-31-2007
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.075 - "Performance in the current educational setting" defined

Current through June 11, 2024
"Performance in the current educational setting" means the
				  behavioral and academic functioning of a pupil in the environment in which the
				  majority of the pupil's education occurs.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99,
				  2-16-2000
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.076 - "Personally identifiable information" defined

Current through June 11, 2024
"Personally identifiable information" has the meaning
				  ascribed to it in 34 C.F.R. § 99.3.
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.077 - "Positive behavioral supports" defined

Current through June 11, 2024
"Positive behavioral strategies, supports and interventions"
				  means a process for integrating behavior analysis with person-center planning
				  to design individualized interventions for pupils which focus on promoting
				  positive changes in behavior and enhancing the overall quality of life for
				  pupils in schools, homes and community environments without the use of negative
				  or aversive means.
Added to NAC by Bd. of
				  Education by R085-99, eff. 2-16-2000; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.091 - "Program of instruction" defined

Current through June 11, 2024
"Program of instruction" means a program of educational
				  services provided to a pupil .
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.092 - "Public agency" defined

Current through June 11, 2024
"Public agency" has the meaning ascribed to it in
				  34
				  C.F.R. §
										300.33.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93-Substituted in revision for NAC 388.021; A
				  by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.093 - "Pupil with a disability" defined

Current through June 11, 2024
"Pupil with a disability" has the meaning ascribed to it in
				  NRS 388.417, but the
				  term does not include a pupil who is determined to be eligible for special
				  services and programs of instruction pursuant to NAC
				  388.435 unless the pupil is also
				  determined to be eligible for special education and related services pursuant
				  to NAC 388.387 to
				  388.430, inclusive, and section
				  10 of this regulation.
Added to NAC by Bd. of
				  Education, eff. 11-23-93; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.095 - "Regular classroom teacher" defined

Current through June 11, 2024
"Regular classroom teacher" means a teacher who knows the
				  developmental and curricular needs of the pupil and who is licensed to teach in
				  the general education program.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99,
				  2-16-2000
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.101 - "Related services" defined

Current through June 11, 2024
"Related services" has the meaning ascribed to it in
				  34 C.F.R. §
										300.34. The term does not include a medical
				  device that is surgically implanted, the optimization of the functioning of
				  such a device, the maintenance of such a device or the replacement of such a
				  device.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R071-05, 2-23-2006;
				  R058-07, 10-31-2007
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.102 - "Response to scientific, research-based intervention" defined

Current through June 11, 2024
"Response to scientific, research-based intervention" means
				  a collaborative process which assesses a pupil's response to scientific,
				  research-based intervention that is matched to the pupil's needs and that
				  systematically monitors the pupil's level of performance and rate of learning
				  over time for the purpose of making data-based decisions concerning the pupil's
				  need for increasingly intensified services.
Added to NAC by Bd. of
				  Education by R058-07, eff. 10-31-2007
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.1025 - "School day" defined

Current through June 11, 2024
"School day" has the meaning ascribed to it in
				  34 C.F.R. §
										300.11(c).
Added to
				  NAC by
				  R017-18A,
				  eff. 1/30/2019
NRS 385.080,
					 388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.103 - "Scientific, research-based intervention" defined

Current through June 11, 2024
"Scientific, research-based intervention" means the
				  modification of the classroom environment, curriculum or delivery of
				  instruction in a regular educational environment, which is:
1. Based upon an examination of the
				characteristics of the pupil as a learner, the instruction being provided and
				the curricular tasks to be accomplished and which is targeted toward improving
				the level of performance and rate of learning of the pupil; and
2. Demonstrated through research and practice
				to have a positive impact on the academic achievement or behavior of the
				pupil.
Added to NAC by Bd. of
				  Education by R058-07, eff. 10-31-2007; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.104 - Repealed

Current through June 11, 2024
Added to NAC by Bd. of
				  Education by R058-07, eff. 10-31-2007; R by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.105 - "Serious emotional disturbance" defined

Current through June 11, 2024
"Emotional disturbance" means a severe emotional disorder
				  that:
1. Is exhibited by a person for
				at least 3 months;
2. Adversely
				affects academic performance; and
3. Includes one or more of the following:
(a) An inability to learn which is not caused
				by an intellectual, sensory or health factor;
(b) An inability to engage in or to maintain
				interpersonal relationships with peers and teachers;
(c) Inappropriate behavior or
				feelings;
(d) A general and
				pervasive mood of unhappiness or depression;
(e) A physical symptom associated with a
				personal or academic problem; or
(f) The expression of fears regarding
				personal or academic problems.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.111 - "Social and emotional condition" defined

Current through June 11, 2024
"Social and emotional condition" means the present thoughts,
				  feelings and interactive behavior of a person.
Added to NAC by Bd. of
				  Education, eff. 7-14-88
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.115 - "Special education" defined

Current through June 11, 2024
"Special education" means specially designed instruction, as
				  defined in
				  34 C.F.R. §
										300.39, which is designed to meet the unique
				  needs of a pupil with a disability at no cost to the parent, including, without
				  limitation, instruction conducted in a classroom, at the pupil's home or in a
				  hospital, institution or other setting. The term includes instruction in
				  physical education provided pursuant to
				  34 C.F.R. §
										300.108 and includes speech and language
				  services, travel training and vocational education if these services are
				  specially designed instruction , as defined in
				  34 C.F.R. §
										300.39, to meet the unique needs of the
				  pupil.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R058-07, 10-31-2007; A
				  by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.117 - "Specific learning disability" defined

Current through June 11, 2024
"Specific learning disability" means a disorder in one or
				  more of the basic psychological processes involved in understanding or using
				  spoken or written language which is not primarily the result of a visual,
				  hearing or motor impairment, an intellectual disability, an emotional
				  disturbance, or an environmental, cultural or economic disadvantage. The
				  disorder may manifest itself in an imperfect ability to listen, think, speak,
				  read, write, spell or perform mathematical calculations. The disorder includes,
				  without limitation, such conditions as perceptual disabilities, brain injury,
				  minimal brain dysfunction, dyslexia and developmental
				  aphasia.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R071-05, 2-23-2006; A
				  by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.121 - "Speech and language" defined

Current through June 11, 2024
"Speech and language" means skills relating to articulation,
				  phonology, receptive language, expressive language, syntax, semantics,
				  morphology, fluency and the use of the voice.
Added to NAC by Bd. of
				  Education, eff. 7-14-88
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.125 - "Speech and language impairment" defined

Current through June 11, 2024
"Speech and language impairment" means a disorder relating to
				  language, articulation, fluency or the use of the voice which adversely affects
				  the educational performance of a pupil and which:
1. Is outside the range of acceptable
				variation in a given environment;
2. Is inconsistent with the chronological or
				mental age of the person with the disability; or
3. Affects the emotional, social or
				educational adjustment of the person with the disability.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.132 - "Supplementary aids and services" defined

Current through June 11, 2024
"Supplementary aids and services" means aids, services and
				  other supports that are provided in regular educational classes, other
				  education-related settings, extracurricular settings and nonacademic settings
				  to enable pupils with disabilities to be educated with pupils who are not
				  disabled to the maximum extent appropriate.
Added to NAC by Bd. of
				  Education by R085-99, eff. 2-16-2000; A by R058-07,
				  10-31-2007
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.133 - "Transition services" defined

Current through June 11, 2024
"Transition services" means a coordinated set of activities
				  which:
1. Is designed within a process
				which is results-oriented and which focuses on improving the academic and
				functional achievement of the pupil with a disability to facilitate the pupil's
				movement from school to postschool activities, including, without limitation,
				postsecondary education, vocational training, integrated employment, continuing
				and adult education, adult services, independent living and community
				participation;
2. Is based on the
				needs of the pupil, taking into account the pupil's preferences and
				interests;
3. If the pupil is 14
				years of age or older, includes the courses of study of the pupil;
4. If the pupil is 16 years of age or older,
				or the pupil will attain 16 years of age during the period in which the
				individualized educational program will be in effect, includes, without
				limitation:
(a) Instruction;
(b) Related services;
(c) Community experiences;
(d) The development of employment and other
				objectives for living as an adult after the completion of school , including,
				without limitation, the development of work skills; and
(e) If appropriate, the acquisition of daily
				living skills and functional vocational evaluation ;
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.134 - "Traumatic brain injury" defined

Current through June 11, 2024
"Traumatic brain injury" means an injury to the brain caused
				  by an external force that results in the total or partial functional disability
				  or psychosocial impairment of a person, or both. Except as otherwise provided
				  in this section, the term applies to any injury to the brain which adversely
				  affects educational performance, including, without limitation, injuries
				  affecting the:
1. Cognitive
				abilities;
2. Speech;
3. Language;
4. Information processing;
5. Memory;
6. Attention;
7. Reasoning;
8. Abstract thinking;
9. Judgment;
10. Problem-solving abilities;
11. Sensory, perceptual and motor skill
				abilities;
12. Psychosocial
				behavior; and
13. Physical
				functions, of a person. The term does not include injuries to the brain that
				are congenital or degenerative or which are induced by trauma during
				birth.
Added to NAC by Bd. of
				  Education, eff. 11-23-93
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.1345 - "Travel training" defined

Current through June 11, 2024
"Travel training" means instruction that:
1. Is provided to pupils with significant
				cognitive disabilities and to any other pupils with disabilities who require
				this instruction; and
2. Enables
				the pupils to:
(a) Develop an awareness of the
				environment in which the pupils live; and
(b) Learn the skills necessary to move
				effectively and safely from place to place within an environment , including,
				without limitation, in school, in the home, at work and in the
				community.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.135 - "Unit" defined

Current through June 11, 2024
"Unit" means a special education program unit as defined in
				  subsection 3 of
				  NRS 387.1211.
Added to NAC by Bd. of
				  Education, eff. 7-14-88
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.141 - "Visual impairment" defined

Current through June 11, 2024
"Visual impairment" means an impairment in vision which,
				  despite correction, adversely affects or will adversely affect the ability of a
				  pupil to benefit from or participate in an educational program without the
				  assistance of special education.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › General Provisions › Section 388.145 - Educational programs for pupils with disabilities: Compliance with chapter and federal laws and regulations

Current through June 11, 2024
Any educational program for pupils with disabilities provided
				  by a public agency in this State, including, without limitation, a program of
				  special education in a private school that provides special education to a
				  pupil who is placed in the private school by a public agency, must be
				  administered in accordance with the provisions of this chapter and all
				  applicable federal laws and regulations.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99, 2-16-2000; R058-07, 10-31-2007; A
				  by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080 and
				  388.419
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils › Section 388.150 - Maximum number of cases per teacher in unit; maximum size of class; exceptions

Current through June 11, 2024
1. Except as otherwise provided in this
				section, the maximum number of cases per teacher in a unit for:
(a) School-age pupils who are placed in
				programs for mild to moderate disabilities, who receive instruction from a
				generalist and who receive special education services through a consultative
				method, resources method or any combination of methods of instruction is:
(1) Twenty-two for pupils with specific
				learning disabilities.
(2)
				Twenty-two for pupils with emotional disturbance.
(3) Twenty-two for pupils with mild
				intellectual disabilities.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils › Section 388.165 - Required licensing of teachers; exception

Current through June 11, 2024
1.
				Except as otherwise provided in this section, a teacher:
(a) In a unit must be licensed in the area of
				special education, with an endorsement in the area of disability represented by
				the majority of the pupils in the unit.
(b) Of the gifted and talented must meet the
				requirements for licensure for teaching in a program for the gifted and
				talented.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils › Section 388.171 - Employment, preparation and training of qualified personnel to provide services to pupils with disabilities

Current through June 11, 2024
1. A public agency
				shall appropriately and adequately prepare and train all personnel employed by
				the public agency who assist in carrying out the provisions of this chapter and
				NRS 388.417 to
				388.5243,
				inclusive, including, without limitation, special education teachers, personnel
				who provide related services and paraprofessionals, to ensure that the
				personnel have the content knowledge and skills necessary to serve pupils with
				disabilities.
2. A public agency
				shall take measurable steps to recruit, hire, train and retain personnel who
				meet the standards prescribed by
				34 C.F.R. §
										300.156(c) to provide
				special education and related services to pupils with disabilities.
3. A public agency shall ensure that each
				person employed as a special education teacher to teach at an elementary,
				middle, junior high or high school meets the standards prescribed by
				34 C.F.R. §
										300.156(c).
4. Notwithstanding a right of action that a
				parent or pupil may maintain pursuant to this chapter,
				NRS 388.417 to
				388.5243,
				inclusive, or
				20
				U.S.C. §§
										1411 et seq., this
				section does not:
(a) Create a right of
				action on behalf of a pupil or group of pupils for the failure of an employee
				of a public agency to meet the standards prescribed by
				34 C.F.R. §
											300.156(c).
(b) Prevent a parent from filing a state
				complaint with the Superintendent pursuant to NAC
				388.318 concerning the
				qualifications of personnel.