Current through February 27, 2024
Except as otherwise provided in this chapter and applicable
federal laws and regulations:
1.Before
providing special education and related services for pupils with disabilities,
a public agency shall adopt a procedure whereby an individualized educational
program is developed for each such pupil. The procedure adopted must ensure
that an individualized educational program is in effect at the beginning of
each school year and before the initiation of special education or related
services. Except as otherwise provided in this chapter and
34 C.F.R. §
300.300(b)(3)(ii), the
procedure must comply with the provisions of
34 C.F.R.
§§
300.320 to
300.324,
inclusive. For eligible pupils making the transition from early intervention
programs operated pursuant to
20 U.S.C. §§
1431 to
1444,
inclusive:
(a) An individualized educational
program must be developed and implemented by the pupil's third birthday.
(b) The public agency shall
participate in transition planning conferences arranged by the early
intervention program of the pupil.
2. The individualized educational program for
a pupil must be developed, reviewed and revised by a committee which includes
at least:
(a) One representative of the
public agency who is:
(1) Qualified to
provide or supervise the provision of specially designed instruction to meet
the unique needs of pupils with disabilities;
(2) Knowledgeable about the general education
curriculum of the public agency; and
(3) Knowledgeable about the availability of
resources of the public agency;
(b) If the pupil participates in a regular
educational environment, one regular classroom teacher of the pupil or, if the
pupil may participate in a regular educational environment, one regular
classroom teacher;
(c) One special
education teacher of the pupil or, if appropriate, one person who provides
special education and related services to the pupil;
(d) Except as otherwise provided in
subsections 10 and 11, one or both of the pupil's parents;
(e) If not otherwise a member of the
committee, a person who is familiar with the tests and other assessments
performed on or by the pupil and their results and who can interpret the
instructional implications of the results of the evaluation;
(f) Except as otherwise provided in
subsection 12, the pupil if the committee is meeting to develop an
individualized educational program which includes :
(1) Transition services relating to the
courses of study of a pupil who has attained 14 years of age ; or
(2) Postsecondary goals and transition
services for a pupil who is 16 years of age or older or who will attain 16
years of age during the period in which the individualized educational program
is in effect;
(g) If the
committee is meeting to develop an individualized educational program which
includes postsecondary goals and transition services for a pupil who is 16
years of age or older or who will attain 16 years of age during the period in
which the individualized educational program is in effect, and the parent of
the pupil consents, a representative of any participating agency that may be
responsible for providing or paying for the transition services; and (h) If not
otherwise a member of the committee, one member who has personal knowledge
about the personnel and options for placement available to provide special
education and related services to the pupil.
3. The parents or their representative and
the representative of the public agency may each ask such other persons who
have knowledge or special expertise concerning the pupil, including the pupil
and persons who provide related services to the pupil, as appropriate , to join
the committee. The determination of the knowledge or special expertise of such
a person must be made by the parents or the public agency who invited the
person to participate.
4. A member
of a committee to develop an individualized educational program for a pupil
with a disability must not be required to attend a meeting of the committee, in
whole or in part, if the authorized representative of the public agency and the
parent of the pupil agree in writing that the attendance of such member is not
necessary because the member's area of the curriculum or related services is
not being modified or discussed at the meeting .
5. A member of a committee to develop an
individualized educational program for a pupil with a disability may be excused
from attending a meeting of the committee, in whole or in part, when the
meeting involves a modification to or discussion of the member's area of the
curriculum or related services, if:
(a) The
parent of the pupil with a disability consents in writing to the absence of the
member;
(b) The authorized
representative of the public agency consents to the absence; and
(c) Before the meeting, the member submits,
in writing, to the parent and the committee the member's input concerning the
development of the individualized educational program.
6. The public agency shall:
(a) At least annually, initiate and conduct
the meetings of the committees formed to develop the individualized educational
programs;
(b) Have an
individualized educational program in effect for each pupil with a disability
within its jurisdiction at the beginning of each school year and maintain
detailed records of each such program and the procedure followed in developing
it;
(c) Ensure that each regular
classroom teacher, special education teacher, persons who provide related
services, and any other provider of services to the pupil who is responsible
for carrying out the pupil's individualized educational program has access to
the pupil's individualized educational program and is informed of any specific
responsibilities related to carrying out the pupil's individualized educational
program;
(d) Ensure that each
regular classroom teacher, special education teacher, persons who provide
related services and any other provider of services to the pupil who is
responsible for carrying out the pupil's individualized educational program is
informed of any specific accommodation, modification or support that must be
provided to the pupil in accordance with the pupil's individualized educational
program;
(e) Make special education
and related services available to the pupil in accordance with his or her
program as soon as possible after it is developed;
(f) Take whatever action is necessary,
including arranging for an interpreter for parents who are deaf or whose native
language is other than English, to ensure that parents who attend a committee
meeting understand the proceedings;
(g) Initiate and conduct additional meetings
of the committees formed to develop each pupil's individualized educational
program to identify alternative strategies to meet the transition objectives in
the pupil's individualized educational program when a participating agency
fails to provide an agreed upon service ; and
(h) Provide a copy of the pupil's
individualized educational program and any revisions to the parents of the
pupil at no cost.
7.
After the annual meeting for a school year to develop the individualized
educational program for a pupil:
(a) Upon
written agreement of the parent of the pupil with a disability and the
authorized representative of the public agency, the pupil's individualized
educational program may be revised without convening a meeting of the
committee.
(b)Portions of the
pupil's individualized educational program may be revised without redrafting
the entire individualized educational program.
If an individualized educational program is revised in
accordance with this subsection, the parent of the pupil with a disability must
be provided with a copy of the revised individualized educational program at no
cost and the public agency shall ensure that the committee is informed of the
changes.
8.The public agency
shall:
(a) Schedule the meeting for a time and
at a place that is mutually agreed upon by the parents of the pupil and the
public agency;
(b) Provide the
parents of the pupil written notice of the purpose, date, time and location of
the committee meeting and a list of the persons who will attend the meeting;
(c) Inform the parents of their
right to invite persons who have knowledge or special expertise regarding the
pupil, including, without limitation, any appropriate related service
personnel, to participate as a member of the committee that will develop the
pupil's individualized educational program; and
(d) If the transition services relating to
courses of study or transition services and postsecondary goals described in
paragraph (e) or (f) of subsection 1 of NAC
388.284 will be discussed at the
meeting:
(1) Provide notice pursuant to
paragraph (b) to the pupil and the parents and include in the notice to the
pupil an invitation to the pupil to attend the meeting and include in the
notice to the parents a statement that the pupil will be invited to attend the
meeting; and
(2) Specifically state
in the notice provided pursuant to paragraph (b) that transition services
relating to courses of study or transition services and postsecondary goals
will be discussed at the meeting.
The notice must be given sufficiently far in advance of the
meeting to enable the parents to make arrangements to
attend.
9.The
public agency shall, if the pupil previously received early intervention
services pursuant to
20 U.S.C. §§
1431 et seq., include in the notice to the
parents of the pupil given pursuant to paragraph (b) of subsection 8 that, upon
the request of the parents, the public agency will send an invitation to the
service coordinator of the pupil's early intervention system or other
representative of the early intervention system to participate in the initial
meeting for the development of the pupil's individualized educational program
to assist with the smooth transition of services for the pupil. If the parents
request such an invitation, the public agency shall send an invitation to the
service coordinator of the pupil's early intervention system or other
representative of that system to participate in the initial meeting for the
development of the pupil's individualized educational program.
10. If the parents do not acknowledge receipt
of the notice given pursuant to paragraph (b) of subsection 8, the public
agency shall make additional attempts to notify them, which may include,
without limitation, attempts to notify them by telephone or through a visit to
their home or place of employment. The public agency shall keep detailed
records of any telephone calls, correspondence or visits made to a parent's
home or place of employment pursuant to this section and their results, if any.
The parents of a pupil with a disability and the public agency may agree to use
alternative means of participation in a meeting by the use of a video
conference, a telephone conference call or other means. If neither parent is
able to attend a meeting for the development of a pupil's individualized
educational program, the public agency shall use alternative methods to ensure
the participation of a parent, including, without limitation, the use of a
video conference, a telephone conference call or other means.
11. If the reasonable efforts of the public
agency to convince the pupil's parents to attend or participate in the meeting
through the use of alternative methods are unsuccessful, the parents shall be
deemed unavailable and the public agency shall conduct the meeting and develop
an individualized educational program for the pupil without the parents.
12. If the pupil for whom the
individualized educational program is being developed does not attend the
meeting and the program includes transition services, the public agency shall
use alternative methods to ascertain the preferences and interests of the pupil
and document the alternative methods that were used.
13. The committee shall:
(a) Meet to develop the pupil's
individualized educational program not later than 30 days after it is
determined that the pupil is eligible for special education and related
services .
(b) Base the
individualized educational program it develops for the pupil on the results of
an evaluation made in accordance with NAC
388.330 to
388.440, inclusive, and section
10 of this regulation.
(c) Review
the individualized educational program at least annually to determine whether
the annual goals for the pupil are being achieved and revise it as appropriate
in accordance with
34 C.F.R. §
300.324(b).
Added to NAC by Bd. of
Education, eff. 2-7-83; A 7-14-88; 9-13-91; 11-23-93; R039-98, 5-29-98;
R039-98, 5-29-98, eff. 7-1-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07,
10-31-2007; A by
R017-18A,
eff. 1/30/2019
NRS
385.080 and
388.419
