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 388.245 - Restrictions on placement of pupil with disability; continuum of alternative placements; annual determination of placement of pupil

1. A pupil with a disability may not be placed in a special class or in a school different than the one the pupil would normally attend, or otherwise removed from the regular educational environment, unless:

A pupil with a disability, including a pupil in a public or private institution or other care facility, must be educated with pupils who are not disabled to the maximum extent appropriate and may not be removed from an age-appropriate regular classroom solely because the pupil needs modification to the general curriculum.

2.A public agency shall provide a continuum of alternative placements to meet the needs of any pupil with a disability for special education and related services necessary to implement the individualized educational program for each pupil with a disability. This continuum must include, as appropriate:

3. In the case of a program of special education for a pupil who is at least 3 years of age but less than 6 years of age, the continuum of alternative placements required by subsection 2 may include, as appropriate:

4. In developing a pupil's individualized educational program, the committee which develops the program shall provide for the least restrictive environment to the maximum extent appropriate. In making this determination, the committee shall consider any potential harmful effects on the pupil and the quality of services required by the pupil. The committee shall provide for the placement of the pupil in a regular class unless the committee determines that the pupil cannot receive an appropriate education in a regular class, even with supplementary aids and services. The basis for any such determination must be clearly set forth in the individualized educational program of the pupil.

5. Unless the needs or performance of the pupil preclude such participation, a pupil with a disability must be allowed to participate with pupils who are not disabled at mealtime, recess, or any other nonacademic or extracurricular activity occurring at school to the maximum extent appropriate and the public agency shall ensure that the pupil receives the supplementary aids and services determined appropriate by the individualized educational program committee for the pupil to participate in those activities. If a pupil with a disability is excluded from such participation because of the pupil's needs or performance, the basis for the exclusion must be clearly set forth in the individualized educational program of the pupil.

6. The placement of a pupil with a disability must be determined at least annually . The decision on the placement of a pupil with a disability must be based on the pupil's individualized educational program and must comply with the provisions of this section relating to the least restrictive environment. A pupil with a disability must be placed in the school that the pupil would normally attend if possible, or in the school closest to the pupil's home which is capable of providing the services required by the pupil's individualized educational program.