reglab/statecodes huggingface dataset:
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 388.308 - Expedited hearing

Current through June 11, 2024
1. A hearing
				requested by a parent pursuant to NAC
				388.306 must be expedited
				pursuant to this section if the hearing is to resolve a dispute concerning:
(a) A determination of whether the conduct of
				the pupil is a manifestation of the disability of the pupil which is made
				pursuant to paragraph (b) of subsection 3 of NAC
				388.265; or
(b) A determination regarding a disciplinary
				change of placement of a pupil pursuant to
				34 C.F.R. §§
											300.530 and
				300.531,
				including, without limitation, the services to be provided in the disciplinary
				placement or the interim alternative educational setting for services.
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 388.310 - Resolution of dispute by hearing

Current through June 11, 2024
1. If a parent or
				public agency files a due process complaint pursuant to NAC
				388.306, the public agency shall:
(a) Inform the parent of any free or
				inexpensive legal services and other relevant services available in the area;
(b) Inform the parent of the right
				to request a resolution of the dispute through a mediation process pursuant to
				NAC 388.305; and
(c) Inform the parent of the provisions of
				this section.
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 388.315 - Appeal from decision of hearing officer

Current through June 11, 2024
1. A party may
				appeal from the decision of a hearing officer made pursuant to NAC
				388.310 by filing with the
				Superintendent a notice of appeal which identifies the specific findings and
				conclusions being appealed and forwarding a copy of the notice of appeal to the
				other parties within 30 days after receiving the decision. A party to the
				hearing may file a cross appeal by filing a notice of cross appeal with the
				Superintendent which identifies the specific findings and conclusions being
				appealed and forwarding a copy of the notice of cross appeal to the other
				parties within 10 days after receiving notice of the initial appeal. If an
				appeal is filed, a state review officer appointed by the Superintendent from a
				list of officers maintained by the Department shall conduct an impartial review
				of the hearing. The state review officer conducting the review shall:
(a) Examine the entire record of the hearing;
(b) Ensure that the procedures at
				the hearing were consistent with the requirements of due process;
(c) Seek any additional evidence necessary
				and, if a hearing is held to receive additional evidence, afford the parties
				the rights set forth in NAC
				388.310;
(d) Afford the parties an opportunity for
				oral or written argument, or both, at the discretion of the reviewing officer;
(e) Schedule any oral arguments at
				a time and place which is reasonably convenient to the parent and pupil
				involved;
(f) Make an independent
				decision on the completion of the review; and
(g) Except as otherwise provided in this
				paragraph, mail copies of the written findings of fact and decision to the
				parties within 30 days after the notice of appeal was filed with the
				Superintendent. The state review officer may extend the time for rendering a
				decision for a specific number of days upon the request of either party for
				good cause. At the option of the parent, the findings of fact and decision must
				be made available to the parent by electronic means. The Department shall
				provide a copy of the findings of fact and decision to the parent at no cost.
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 388.318 - Complaints to Department

Current through June 11, 2024
1. A person, as the
				term is defined in
				NRS
				0.039, including a person outside this State,
				may file a state complaint with the Superintendent alleging that a public
				agency has violated a provision of:
(a) Part
				B of the Individuals with Disabilities Education Act,
				20
				U.S.C. §§
											1411 et seq., or the
				regulations adopted pursuant thereto ; or
(b)
										NRS 388.417 to
				388.5243,
				inclusive, or N AC
				388.001 to
				388.450, inclusive of this
				regulation, and sections 2 to 10, inclusive .
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 388.319 - Contingency Account for Special Education Services: Eligibility of school district or charter school for reimbursement of certain expenses for special education services

Current through June 11, 2024
1. An expense
				incurred by a school district or charter school is eligible for reimbursement
				from the Contingency Account for Special Education Services pursuant to
				NRS
				388.5243 if:
(a) The expense is for special education,
				related services, supplementary aids and services or transition services
				provided to a pupil with significant disabilities;
(b) The school district or charter school has
				determined that the pupil to whom the services are provided is eligible to
				receive special education and related services pursuant to
				NRS
				388.417 to
				388.515,
				inclusive;
(c) The Superintendent
				of Public Instruction determines that the total cost of special education,
				related services, supplementary aids and services and transition services
				provided to the pupil exceeds the total funding available to the school
				district or charter school for the pupil;
(d) The services are set forth in an
				individualized education program developed by the school district or charter
				school for the pupil in accordance with
				NRS
				388.419; and
(e) The school district or charter school has
				not received reimbursement for the expense from any other source.
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 388.323 - Contingency Account for Special Education Services: Application for reimbursement of certain expenses; approval or denial of application; decision not subject to review

Current through June 11, 2024
1. A school
				district or charter school may apply to the Department for reimbursement from
				the Contingency Account for Special Education Services pursuant to
				NRS
				388.5243 by submitting an application in the
				form prescribed by the Department.
2. The application must:
(a) Clearly identify the services for which
				reimbursement is requested; and
(b)
				Include, without limitation, documentation of all such services and their
				respective expenses, and any other information required by the
				Department.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.325 - Provision of targeted scientific, research-based intervention for pupil with academic or behavioral difficulty; notice to parents concerning right to request evaluation

Current through June 11, 2024
1. If a pupil is
				experiencing an academic or behavioral difficulty but is not suspected of
				having a disability by the public agency, the public agency may attempt to
				remediate such a difficulty through targeted scientific, research-based
				intervention.
2. If the public
				agency determines that a pupil should be provided targeted scientific,
				research-based intervention, the public agency shall develop an intervention
				plan for the pupil which must include, without limitation:
(a) An identification of the academic or
				behavioral concerns which describes the degree of discrepancy between the
				demands of the educational setting and the performance of the pupil;
(b) The targeted scientific, research-based
				intervention to be provided , which must be:
(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 by the pupil; and
(2) Targeted to improve the level of
				performance and increase the rate of learning of the pupil;
(c) A description of the
				progress-monitoring data which will be collected over time to measure the level
				of performance and rate of learning of the pupil; and
(d) A description of the frequency at which
				the data will be collected, the strategies which will be used to summarize and
				evaluate the data, the criteria for evaluating the effectiveness of the
				intervention and the schedule for evaluating the effectiveness of the
				intervention.
A copy of the intervention plan must be provided to the
				  parents of the pupil.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.330 - Credentials required to administer or interpret assessment

Current through June 11, 2024
Any person responsible for administering or interpreting an
				  assessment pursuant to NAC 388.330 to 388.440, inclusive, must:
1. Possess a license or certificate in the
				area of the person's professional discipline; and
2. Be trained in the area of assessment in
				question.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A by R085-99, 2-16-2000
NRS 385.080,
					 388.470,
					 388.520
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.335 - Tests and devices for assessment

Current through June 11, 2024
Any test or other device for assessment used pursuant to NAC
				  388.330 to
				  388.440, inclusive, and section
				  10 of this regulation must comply with the evaluation procedures set forth in
				  34 C.F.R. §§
										300.304 to
				  300.311,
				  inclusive of this regulation, and NAC
				  388.340 and
				  388.420.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 9-13-91; 11-23-93; R071-05, 2-23-2006; 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 › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.336 - Review of evaluation data; determination of need for additional data

Current through June 11, 2024
As part of an initial evaluation if data is available, and as
				  part of any reevaluation, a group that includes the committee that developed or
				  will develop the pupil's individualized educational program pursuant to NAC
				  388.281, the members of the
				  eligibility team and any other qualified professionals appointed shall, in
				  accordance with
				  34 C.F.R.
				  §
										300.305:
1. Conduct a review of data from existing
				evaluations, including, without limitation:
(a) Evaluations and information provided by
				the parents of the pupil;
(b)
				Current local or state assessments and classroom-based assessments and
				observations; and
(c) Observations
				by teachers and related service providers; and
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.337 - Deadlines for conducting initial evaluations; request for extension; exception

Current through June 11, 2024
1. Except as
				otherwise provided by subsections 2 and 3, when a public agency determines that
				good cause exists to evaluate a pupil pursuant to NAC
				388.330 to
				388.440, inclusive, and section
				10 of this regulation, it shall conduct the initial evaluation within:
(a) Forty-five school days after the parent
				provides informed written consent;
(b) Forty-five school days after receipt of
				the decision of a hearing officer pursuant to NAC
				388.310 ordering the evaluation
				or the time set forth in the decision, whichever is shorter; or
(c) At any other time agreed upon in writing
				by the parent and the public agency.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.340 - Determination of eligibility of pupil and appropriate individualized educational program

Current through June 11, 2024
1. In conducting an
				evaluation pursuant to NAC
				388.330 to
				388.440, inclusive, and section
				10 of this regulation, the public agency shall comply with the provisions of
				34 C.F.R. §§
										300.304,
				300.305
				and
				300.306
				and shall use a variety of assessment tools and strategies to gather relevant
				functional, developmental and academic information concerning the pupil,
				including, without limitation, information provided by the parent that may
				assist in determining:
(a) Whether the pupil
				is a pupil with a disability; and
(b) The educational needs of the pupil and
				the content of the pupil's individualized educational program, including,
				without limitation, information related to enabling the pupil to be involved in
				and progress in the general education curriculum or, for preschool children, to
				participate in appropriate activities.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.345 - Assessment of cognitive abilities

Current through June 11, 2024
1. An individually
				administered, standardized test of cognitive ability must be used in assessing
				the cognitive abilities of a pupil with a disability. If a score other than the
				total score of the pupil on such a test is used to assess the pupil's cognitive
				abilities, the procedure must be justified, on the basis of professionally
				recognized criteria, in the records of the pupil maintained by the public
				agency.
2. Except as otherwise
				provided in this subsection, any interpretation of an assessment of cognitive
				abilities must be made by a licensed school psychologist or licensed or
				certified psychologist. In the case of a pupil under the age of 6 years, any
				such interpretation may be made by a licensed school psychologist or a licensed
				or certified psychologist with documented training in the assessment of
				preschool pupils with disabilities.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R085-99,
				  2-16-2000
NRS 385.080,
					 388.470,
					 388.520
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.350 - Assessment of social and emotional condition

Current through June 11, 2024
1. Except as
				otherwise provided in this subsection, if the social and emotional condition of
				a pupil with a disability is assessed, the assessment may include:
(a) Observation of the pupil;
(b) An interview of the pupil or of any
				person having personal knowledge of the pupil;
(c) Projective testing of the social and
				emotional condition of the pupil; and
(d) The use of
(1) A behavior rating scale;
(2) An adaptive behavior scale; and
(3) A self-report
				inventory.
A pupil may not be identified as a pupil with an emotional
				  disturbance unless a variety of these techniques is used to assess the social
				  and emotional condition of the pupil.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.360 - Assessment of adaptive skills

Current through June 11, 2024
1. If the adaptive
				skills of a pupil with a disability are assessed, the person conducting the
				assessment must use a validated adaptive behavior scale. The assessment must
				include an assessment of any six or more of the following:
(a) Communication;
(b) Self-care;
(c) Home living;
(d) Social skills;
(e) Community use;
(f) Self-direction;
(g) Health and safety;
(h) Functional academics; and
(i) Leisure and work.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.365 - Assessment of health

Current through June 11, 2024
1. If the health of
				a pupil with a disability is assessed, the assessment may include:
(a) A review of the developmental
				history;
(b) Hearing and vision
				screening;
(c) A physical
				examination;
(d) An audiological
				assessment;
(e) A physical therapy
				assessment; and
(f) An occupational
				therapy assessment, of the pupil.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.370 - Assessment of speech, language or other communication skills

Current through June 11, 2024
1. If the speech, language or other
				communication skills of a pupil with a disability are assessed, the assessment
				may include:
(a) The use of a standardized
				test of speech, language or other communication skills;
(b) An interview of the pupil or of any
				person having personal knowledge of the pupil;
(c) An observation of the pupil;
				and
(d) The use of information from
				a parent or teacher of the pupil.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.375 - Assessment of academic achievement

Current through June 11, 2024
1.Except as
				otherwise provided in subsection 2, if the academic achievement of a pupil with
				a disability is assessed, the person conducting the assessment may use:
(a) A standardized test of academic
				achievement;
(b) Curriculum-based
				assessment; and
(c) A report by the
				teacher of the pupil.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.380 - Assessment of performance in current educational setting

Current through June 11, 2024
1. If the performance of a pupil with a
				disability in the pupil's current educational setting is assessed, the
				assessment may include:
(a) Except as
				otherwise limited by subsection 2, observation of the pupil in that setting;
(b) Review of any report from a
				parent or teacher of the pupil;
(c)
				Review of samples of the work of the pupil; and
(d) Curriculum-based assessment.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.385 - Assessment of evidence of intervention

Current through June 11, 2024
If, with respect to a pupil with a disability, evidence of
				  any intervention is assessed, the assessment may include consideration of the
				  feasibility of:
1. Adapting curriculum
				materials to the needs of the pupil;
2. Variations in the techniques employed in
				teaching the pupil;
3. Tutoring of
				the pupil;
4. Using behavior
				management programs;
5. Counseling
				of the pupil; and
6. A change in
				the educational environment.
Added to NAC by Bd. of
				  Education, eff. 7-14-88; A 11-23-93; R058-07,
				  10-31-2007
NRS 385.080,
					 388.470,
					 388.520
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.386 - Assessment of functional behavior

Current through June 11, 2024
1. If the
				functional behavior of a pupil is assessed, the assessment must include:
(a) Systematic observation of the occurrence
				of the targeted behavior for an accurate definition and description of the
				frequency, duration and intensity of the behavior.
(b) Systematic observation of the events that
				immediately precede each display of the targeted behavior and are associated
				with the display of the behavior.
(c) Systematic observation and analysis of
				the consequences following the display of the targeted behavior to identify the
				specific environmental or physiological outcomes produced by the behavior in
				order to determine the function that the behavior serves for the pupil. The
				communicative intent of the targeted behavior must be identified in terms of
				what the pupil is either requesting or protesting through the display of the
				behavior.
(d) Analysis of the
				settings in which the targeted behavior occurs most frequently. Factors that
				may be considered include the physical setting, the social setting, the
				activities and the nature of instruction, scheduling, the quality of
				communication between the pupil and staff and other pupils, the degree of
				participation of the pupil in the setting, the amount and quality of social
				interaction, the degree of choice and the variety of activities.
(e) Review of records for health and medical
				factors which may influence the targeted behavior, including, without
				limitation, levels of medication, sleep cycles, health and diet.
(f) Review of the history of the targeted
				behavior to include the effectiveness of any intervention previously used.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.387 - Eligibility of pupil with autism

Current through June 11, 2024
1.  A pupil is
				eligible for special education and related services if the eligibility team,
				comprised of the persons set forth in subsection 2, determines that the pupil
				has an autism spectrum disorder and, by reason thereof, needs special education
				and related services.
2. The
				eligibility team must consist of:
(a) A
				school psychologist.
(b) A teacher
				of special education or a person with a specialized knowledge of autism
				spectrum disorder.
(c) A regular
				classroom teacher of the pupil or, if none, a person qualified to teach the
				pupil.
(d) A specialist of speech
				and language.
(e) A parent of the
				pupil.
(f) If not otherwise a
				member of the team, one or more persons who have sufficient knowledge of the
				pupil to interpret information relating to the pupil's social, emotional,
				developmental and familial condition. Such persons may include , without
				limitation, a school administrator , school nurse, school counselor, school
				psychologist or any other certificated or licensed professional.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.390 - Eligibility of pupil with hearing impairment

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 3, a pupil with a hearing impairment who is
				deaf is eligible for special education and related services if the eligibility
				team, comprised of the persons described in subsections 5 and 6 , concludes
				that:
(a) The pupil has a hearing impairment
				and, by reason thereof, needs special education and related services;
(b) Routine auditory communication
				is impossible for the pupil, or nearly so, because of the pupil's inability to
				discriminate among and understand the sounds that reach the pupil;
(c) The sense of hearing of the pupil is
				nonfunctional for the ordinary purposes of life, whether as the result of
				congenital or postlingual deafness; and
(d) The pupil has an average hearing
				threshold level, at 500, 1,000 and 2,000 Hz, of 92 decibels or more.
As used in this subsection, "nonfunctional for the ordinary
				  purposes of life" means that the pupil does not receive speech sounds clearly
				  enough through hearing, with or without amplification and notwithstanding the
				  fact that he or she may be aware of loud or random noises, to develop
				  language.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.395 - Eligibility of pupil with visual impairment

Current through June 11, 2024
1. A pupil with
				a severe visual impairment is eligible for special education and related
				services if the eligibility team, comprised of the persons described in
				subsections 4 and 5 , concludes that the pupil has a severe visual impairment
				and, by reason thereof, needs special education and related services and:
(a) The visual acuity of the pupil does not
				exceed 20/200 in the better eye;
(b) The vision of the pupil in the better eye
				is restricted to a field which subtends an arc of not more than 20 degrees; or
(c) The pupil suffers from a
				progressive deterioration of the pupil's vision, the probable result of which
				will be one or both of the conditions described in paragraphs (a) and (b) .
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.400 - Eligibility of pupil with orthopedic impairment

Current through June 11, 2024
1. A
				pupil with an orthopedic impairment is eligible for special education and
				related services if the eligibility team, comprised of the persons described in
				subsection 3, concludes that the pupil suffers from a severe orthopedic
				impairment which adversely affects the pupil's educational performance and, by
				reason thereof, needs special education and related services.
2. To determine whether an orthopedic
				impairment adversely affects the pupil's educational performance, an analysis
				must be conducted of the pupil's impairment to determine whether he or she can
				function in a regular classroom.
3.
				The eligibility team must consist of:
(a) A school nurse or other person qualified
				to interpret an assessment of the health of the pupil;
(b) A regular classroom teacher of the pupil
				or, if none, a person qualified to teach the pupil;
(c) A parent of the pupil;
(d) One of the following:
(1) A physical therapist;
(2) An occupational therapist; or
(3) Any other specialist whose presence on
				the team is deemed appropriate; and
(e) If not otherwise a member of the team,
				one or more persons having personal knowledge of the pupil. Such persons may
				include, without limitation, a school administrator, school nurse, school
				counselor, school psychologist or any other certificated or licensed
				professional.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.402 - Eligibility of pupil with health impairment other than orthopedic impairment

Current through June 11, 2024
1. A pupil is eligible for special education
				and related services if the eligibility team, comprised of the persons
				described in subsection 3, concludes that the pupil has a health impairment
				other than an orthopedic impairment which could reasonably be interpreted as
				adversely affecting the educational performance of a pupil and, by reason
				thereof, needs special education and related services.
2. As used in subsection 1, "adversely
				affecting the educational performance of a pupil" includes, without limitation,
				difficulty concentrating, chronic fatigue and impulsiveness which interfere
				with a pupil's ability to be educated.
3.
				The eligibility team must consist of:
(a) A school psychologist;
(b) A teacher of special education;
(c) A regular teacher of the pupil
				or, if none, a person qualified to teach the pupil;
(d) A school nurse or other person qualified
				to interpret an assessment of the health of the pupil;
(e) A parent of the pupil; and
(f) If not otherwise a member of the team,
				one or more persons with sufficient knowledge of the pupil to interpret
				information relating to the pupil's social, emotional, developmental and
				familial condition. Such persons may include , without limitation, a school
				administrator , school nurse, school counselor, school psychologist or any
				other certificated or licensed professional.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.405 - Eligibility of pupil with speech and language impairment

Current through June 11, 2024
1. A pupil with a speech and language
				impairment is eligible for special education and related services if the
				eligibility team, comprised of the persons described in subsection 5, concludes
				that:
(a) The pupil has a speech and language
				impairment and, by reason thereof, needs special education and related
				services;
(b) The pupil has
				demonstrated the ability to profit from speech and language therapy; and
(c) The pupil requires a program of
				instruction, because of the nature or severity of the pupil's impairment, which
				is not feasible in the current educational setting of the pupil because:
(1) Intensive remedial techniques or
				strategies, which can only be implemented in a clinical or therapeutic setting,
				are required to improve the communication skills of the pupil;
(2) The nature of the pupil's impairment
				requires that the pupil receive the services of a teacher of the speech and
				language impaired; or
(3) The
				pupil's impairment is of such severity or multiplicity that individual or small
				group management, available only in a speech and language program, is required.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.407 - Eligibility of pupil with traumatic brain injury

Current through June 11, 2024
1. A
				pupil is eligible for special education and related services if the eligibility
				team, comprised of the persons described in subsection 2, concludes that the
				pupil has a traumatic brain injury and, by reason thereof, needs special
				education and related services.
2.
				The eligibility team must consist of:
(a) A school psychologist;
(b) A teacher of special education or a
				person with a specialized knowledge of traumatic brain injuries;
(c) The regular teacher of the pupil or, if
				none, a person qualified to teach the pupil;
(d) A specialist of speech and language;
(e) A school nurse or other person
				who is qualified to assess the health of the pupil;
(f) A parent of the pupil; and
(g) If not otherwise a member of the team,
				one or more persons with sufficient knowledge of the pupil to interpret
				information relating to the social, emotional, developmental and familial
				condition of the pupil. Such persons may include, without limitation, a school
				administrator , school nurse, school counselor, school psychologist or any
				other certificated or licensed professional.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.410 - Eligibility of pupil with mental retardation

Current through June 11, 2024
1. A pupil with
				a mild intellectual disability is eligible for special education and related
				services if the eligibility team, comprised of the persons described in
				subsections 5 and 6, concludes that:
(a) The
				pupil has a mild intellectual disability and, by reason thereof, needs special
				education and related services;
(b)
				The measured cognitive abilities of the pupil, as determined by an acceptable
				individual standardized test, are at least two standard deviations below the
				mean score for that test;
(c) The
				adaptive skills of the pupil, in comparison with those of members of the
				pupil's chronological peer group, indicate that the pupil is experiencing
				difficulty; and
(d) The academic
				achievement of the pupil is generally consistent with the cognitive abilities
				and adaptive skills of the pupil.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.415 - Eligibility of pupil with serious emotional disturbance

Current through June 11, 2024
1. A pupil with an emotional disturbance is
				eligible for special education and related services if the eligibility team,
				comprised of the persons described in subsection 4, concludes that:
(a) The pupil has an emotional disturbance
				and, by reason thereof, needs special education and related services;
(b) The pupil exhibits one or more
				of the characteristics described in subsection 2;
(c) These characteristics have been evident
				for at least 3 months;
(d) The
				characteristics adversely affect the ability of the pupil to perform
				developmental tasks appropriate to the pupil's age:
(1) Within the educational environment,
				despite the provision of intervention strategies; or
(2) In the case of a pupil under school age,
				in the home, child care or preschool setting; and
(e) Special education support is required to
				alleviate these adverse effects.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.420 - Eligibility of pupil with specific learning disabilities

Current through June 11, 2024
1. A pupil with specific learning
				disabilities is eligible for special education and related services if the
				eligibility team, comprised of the persons described in subsection 4, concludes
				that:
(a) The pupil has a specific learning
				disability and, by reason thereof, needs special education and related
				services;
(b) The pupil does not
				achieve adequately for the pupil's age or to meet the state-approved grade
				level standards when provided with learning experiences and instruction
				appropriate for the age of the pupil in one or more of the following areas:
(1) Oral expression;
(2) Listening comprehension;
(3) Written expression;
(4) Basic reading skills;
(5) Reading fluency skills;
(6) Reading comprehension;
(7) Mathematics calculation; or
(8) Mathematics problem solving;
(c) The pupil:
(1) Does not make sufficient progress to meet
				the age-appropriate standards or the state-approved grade level standards in
				one or more of the areas set forth in paragraph (b) when using a process based
				on the pupil's response to scientific, research-based intervention; or
(2) Exhibits a pattern of strengths
				and weaknesses in performance or achievement, or both, relative to the pupil's
				age, the state-approved grade level standards or intellectual development, that
				is determined by the eligibility team to be relevant to the identification of a
				specific learning disability using appropriate assessments;
(d) The findings in this
				subsection are not primarily the result of:
(1) A visual, hearing or motor disability;
(2) An intellectual disability;
(3) An emotional disturbance;
(4) Cultural factors;
(5) Environmental or economic disadvantage;
				or
(6) Limited English proficiency;
(e) Interventions
				implemented in general education classrooms have not remedied any identified
				underachievement; and
(f) Any
				identified underachievement or severe discrepancy between achievement and
				intellectual ability is not correctable without special education and related
				services.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.425 - Eligibility of pupil with multiple impairments

Current through June 11, 2024
1. A
				pupil with multiple impairments is eligible for special education and related
				services if the pupil meets the requirements for eligibility set forth in NAC
				388.410 for pupils with
				intellectual disabilities and the eligibility team, comprised of the persons
				described in subsection 2, concludes that the pupil meets the requirements for
				eligibility for any additional disabling condition, other than a specific
				learning disability, developmental delay , deaf-blindness or a speech and
				language impairment, set forth in NAC
				388.330 to
				388.440, inclusive , and section
				10 .
2. The eligibility team must
				consist of:
(a) The persons described in
				subsection 5 of NAC
				388.410; and
(b) To the extent their presence on the team
				is not provided for by paragraph (a) , the persons included on the team
				pursuant to:
(1) Subsection 2 of NAC
				388.387;
(2) Subsections 5 and 6 of NAC
				388.390;
(3) Subsections 4 and 5 of NAC
				388.395;
(4) Subsection 3 of NAC
				388.400;
(5) Subsection 3 of NAC
				388.402;
(6) Subsection 2 of NAC
				388.407; or
(7) Subsection 4 of NAC
				388.415, whichever applies.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.427 - Eligibility of pupil with deaf-blindness

Current through June 11, 2024
1. A pupil with
				deaf-blindness is eligible for special education and related services if the
				eligibility team, comprised of the persons described in subsections 4 and 5,
				concludes that:
(a) The pupil has a hearing
				impairment which satisfies any one or more of the following criteria:
(1) The pupil has an average hearing
				threshold level, at 500, 1,000 and 2,000 Hz, of 26 decibels or more;
				or
(2) The pupil suffers from a
				progressive deterioration of the pupil's hearing, the probable result of which
				will be the condition described in subparagraph (1);
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.430 - Identification of certain pupils with developmental delays

Current through June 11, 2024
1. Except as otherwise provided in subsection
				5, a pupil under the age of 6 years may be identified with a developmental
				delay if the eligibility team, comprised of the persons described in
				subsections 2 and 3, concludes that the pupil has a developmental delay and, by
				reason thereof, needs special education and related services and that the pupil
				demonstrates a delay of at least two standard deviations in one, or at least
				one standard deviation in two or more, of the following areas:
(a) Receptive or expressive language.
(b) Cognitive abilities.
(c) Gross or fine motor function.
(d) Self-help.
(e) Social or emotional condition.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.435 - Eligibility of pupil who is gifted and talented

Current through June 11, 2024
1.
				Except as otherwise provided in subsection 2, a pupil who is gifted and
				talented is eligible for special services and programs of instruction if a
				team, comprised of persons selected by the public agency, concludes that the
				pupil has:
(a) General intellectual ability
				or academic aptitude in a specific area that is demonstrated by a score at or
				above the 98th percentile:
(1) On a test of
				cognitive ability that is individually administered;
(2) In a major content area on a nationally
				standardized achievement test that is individually administered in kindergarten
				through eighth grade; or
(3) In a
				major content area on a nationally standardized achievement test, the
				Preliminary Scholastic Aptitude Test (PSAT), the Scholastic Aptitude Test (SAT)
				or the American College Test (ACT) that is administered to a group of students
				for grades 9 through 12, inclusive; or
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.440 - Periodic reevaluation of pupil

Current through June 11, 2024
1. A public agency
				shall ensure that a reevaluation of each pupil with a disability is conducted
				if the public agency determines that the needs of the pupil for educational or
				related services, including, without limitation, improved academic achievement
				and functional performance, warrant a reevaluation or if the parent or teacher
				of the pupil requests a reevaluation. A reevaluation conducted pursuant to this
				section shall occur:
(a) Not more than once a
				year, unless the parent and the authorized representative of the public agency
				otherwise agree; and
(b) At least
				once every 3 years, unless the parent and the authorized representative of the
				public agency agree that a reevaluation is not necessary.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Program for Persons With Disabilities With Unique Needs › Section 388.460 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise
				  requires:
1. "Person with a
				disability" means a person who has:
(a) A
				hearing impairment;
(b) A visual
				impairment;
(c) An orthopedic
				impairment;
(d) A health
				impairment;
(e) A speech and
				language impairment;
(f) Mental
				retardation;
(g) A serious
				emotional disturbance;
(h) Multiple
				impairments;
(i) Learning
				disabilities;
(j) Traumatic brain
				injury;
(k) Autism; or
(l) Developmental delays.
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Program for Persons With Disabilities With Unique Needs › Section 388.462 - Psychological and educational evaluation of persons with disabilities

Current through June 11, 2024
1. A county school district shall conduct a
				comprehensive psychological and educational evaluation of each person with a
				disability whom it considers for placement outside the district pursuant to
				NRS
				388.5211 to
				388.5243,
				inclusive.
2. Such an evaluation
				must be conducted every 3 years or more frequently if conditions warrant or if
				requested by the person with a disability, his or her parents, parent, guardian
				or residential school.
[Bd. of Education,
				  Handicapped Persons § 3, eff. 2-12-81] - (NAC A 3-14-96) - (Substituted in
				  revision for NAC
				  395.020
				  )
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Program for Persons With Disabilities With Unique Needs › Section 388.464 - Individualized educational programs: Preparation; purpose; review or revision

Current through June 11, 2024
1. The county school district shall prepare
				an individualized educational program for each person with a disability whom it
				considers for placement outside the district.
2. The individualized program aids in
				determining the person's eligibility for benefits under
				NRS
				388.5211 to
				388.5243,
				inclusive, and in identifying an appropriate educational program for the
				person.
3. In any meeting for
				review or revision of the individualized program, the county school district
				shall provide for representation from the residential school concerning its
				special program of education.
[Bd. of Education,
				  Handicapped Persons § 4, eff. 2-12-81] - (NAC A 3-14-96) - (Substituted in
				  revision for NAC
				  395.030
				  )
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Program for Persons With Disabilities With Unique Needs › Section 388.466 - Determination by administrative staff; application to board of trustees

Current through June 11, 2024
The administrative staff of a county school district shall
				  determine whether an appropriate educational program is available within the
				  district. If it is determined that there is not a program available, the staff
				  shall verify that all requirements for eligibility set forth in
				  NRS
				  388.5223 have been met and submit the
				  application to the board of trustees of the district.
[Bd. of Education,
				  Handicapped Persons § 6, eff. 2-12-81] - (NAC A 2-1-85) - (Substituted in
				  revision for NAC
				  395.040
				  )
NRS 385.080
Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Program for Persons With Disabilities With Unique Needs › Section 388.468 - Submission of documents by board of trustees to Superintendent of Public Instruction

Current through June 11, 2024
The board of trustees of the county school district shall
				  send the following documents to the Superintendent of Public
				  Instruction:
1. The individualized
				educational program for the person with a disability.
2. Parental agreement to accept
				responsibility for the medical, dental and personal expenses of the person with
				a disability.
3. A signed
				authorization from the person with a disability, his or her parents, parent or
				guardian allowing the Department of Education to obtain and release
				confidential information about the person to other residential
				schools.
4. The comprehensive
				evaluation of the person with a disability provided by the school
				district.
5. A summary of the
				previous actions taken by the school district to provide an appropriate
				education for the person with a disability.
[Bd. of Education,
				  Handicapped Persons § 9, eff. 2-12-81] - (NAC A 3-14-96) - (Substituted in
				  revision for NAC
				  395.060
				  )
NRS 385.080