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 388.284 - Individualized educational program: Contents; considerations when developing
Universal Citation: NV Admin Code 388.284
Current through February 27, 2024
1. Each committee shall include in the individualized educational program it develops for a pupil with a disability:
(a) A statement of the pupil's present levels
of academic achievement and functional performance, including, without
limitation:
(1) If the pupil is preschool
age, a description of how the disability of the pupil affects the participation
of the pupil in appropriate activities.
(2) If the pupil is above preschool age, a
description of how the disability of the pupil affects the involvement and
progress of the pupil in the general education curriculum.
(b) A statement of the measurable annual
goals, including benchmarks or the short-term instructional objectives,
academic and functional goals related to meeting the needs of the pupil that
result from the disability of the pupil. Such goals must enable the pupil to be
involved in and make progress in the general education curriculum and meet the
other educational needs of the pupil that result from the disability of the
pupil.
(c) A statement of the
specific special education, supplementary aids and services, and related
services, based on peer-reviewed research to the extent practicable, to be
provided to the pupil, or on behalf of the pupil, and a statement of the
modifications to the regular educational program or support for school
personnel that must be provided for the pupil to:
(1) Advance appropriately toward attaining
the annual goals set forth in paragraph (b);
(2) Participate and progress in the general
education curriculum;
(3)
Participate in extracurricular activities and other nonacademic activities; and
(4) Participate with other pupils
with disabilities and pupils who are not disabled in the activities described
in this paragraph.
(d) A
statement of the assistive technology devices and services necessary for the
pupil to be able to receive a free appropriate public education. Such services
may be provided as:
(1) Special education;
(2) Related services; or
(3) Supplementary aids and services.
On a case-by-case basis, assistive technology devices must be purchased by the public agency for use by the pupil at home or in other settings if the individualized educational program committee determines that the pupil needs access to those devices to receive a free appropriate public education.
(e)If the pupil is
14 years of age or older, a statement of transition services with regard to the
pupil's courses of study, including, without limitation, participation in
advanced placement courses or a vocational educational program. The committee
may prepare such a statement before the pupil is 14 years of age if the
committee determines that the statement is appropriate for the pupil. The
statement required by this paragraph must be updated annually.
(f) Beginning not later than the first
individualized educational program which is in effect when the pupil is 16
years of age and in annual updates thereafter:
(1) Appropriate measurable postsecondary
goals based upon age-appropriate transition assessments related to training,
education, employment and, where appropriate, independent living skills; and
(2) Transition services, including,
without limitation, the courses of study needed to assist the pupil in reaching
those goals.
(g) The
projected dates for the initiation of the modifications and services described
in paragraphs (c) to (f), inclusive of this regulation, and the anticipated
frequency, location and duration of such modifications and services.
(h) A statement that describes the method by
which the progress of the pupil toward the annual goals will be measured and
when periodic reports on the progress of the pupil toward meeting the annual
goals will be provided by the use of quarterly or other periodic reports,
concurrent with the issuance of report cards, or other means. The parent of a
pupil who is 3, 4 or 5 years of age must be given an opportunity to participate
in a review of the progress of the pupil not less than once every 6 months.
(i) A statement of any individual
appropriate accommodations that are necessary to measure the academic
achievement and functional performance of the pupil on state and district-wide
assessments. If the committee to develop an individualized educational program
determines that the pupil must take an alternate assessment for a particular
state or district-wide assessment of pupil achievement, the individualized
educational program must include a statement of why the pupil cannot
participate in the regular assessment and why the particular alternate
assessment selected is appropriate for the pupil. The committee shall not base
its determination of whether a pupil may participate in such examinations upon
the fact that the pupil has already been labeled as having a disability, or
upon the placement of the pupil or other categorical factors.
(j) If the pupil is entering the public
agency from another public agency, provisions relating to case management and
transition between the public agencies, as appropriate.
(k) A statement of the other placements
considered by the committee and, if the pupil will be removed from the regular
educational environment, the reasons why the committee rejected a less
restrictive placement.
(l) An
explanation of the extent, if any, to which the pupil will not participate in a
regular class or in extracurricular and other nonacademic activities with
pupils who are not disabled.
(m) On
or before the date on which the pupil attains the age of 17 years, a statement
that the pupil has been informed of the rights that will devolve upon the pupil
when the pupil attains the age of 18 years. The statement must be updated
annually.
2. When developing a pupil's individualized educational program, the committee shall:
(a) Consider the strengths of the pupil, the
concerns of the parents for enhancing the education of their child, the results
of the initial evaluation or most recent evaluation of the pupil, and the
academic, developmental and functional needs of the pupil;
(b) If the behavior of the pupil impedes the
learning of the pupil or other pupils, provide positive behavioral strategies,
supports and interventions, or other strategies, supports and interventions to
address that behavior;
(c) If the
pupil has limited proficiency in English, consider the language needs of the
pupil as those needs relate to the pupil's individualized educational program;
(d) If the pupil is blind or
visually impaired, provide for instruction in Braille and the use of Braille
unless the committee determines, after an evaluation of the pupil's reading and
writing skills, needs and appropriate reading and writing media, including,
without limitation, an evaluation of the pupil's future needs for instruction
in Braille or the use of Braille, that instruction in Braille or the use of
Braille is not appropriate for the pupil;
(e) Consider the communication needs of the
pupil and , in the case of a pupil who is deaf or hard-of-hearing, consider ,
in accordance with the provisions of
NRS
388.437, the pupil's language and
communication needs, opportunities for direct communications with other pupils
and professional personnel in the pupil's language and communication mode,
academic level and full range of needs, including, without limitation,
opportunities for direct instruction in the pupil's language and communication
mode;
(f) Consider whether the
pupil requires assistive technology devices and services ; and (g) Consider the
instructional needs of the pupil, in accordance with the provisions of
NRS
388.443, if the pupil has a specific learning
disability and dyslexia.
3. When developing a pupil's individualized educational program, the public agency:
(a)
May include goals and objectives of the general education curriculum in the
individualized educational program of the pupil if the disability of the pupil
affects participation, involvement and progress in the general education
curriculum and if the individualized educational committee determines that the
inclusion of such goals and objectives is appropriate for that pupil; and
(b) Shall include in the
individualized educational program of a pupil who requires positive behavioral
strategies, supports and interventions:
(1)
Positive strategies to modify the environment of pupils with disabilities to
promote adaptive behavior and reduce the occurrence of inappropriate behavior;
(2) Services to teach skills to
pupils with disabilities so that the pupils can replace inappropriate behavior
with adaptive behavior;
(3)
Services to enhance the independence and quality of life of pupils with
disabilities;
(4) The use of the
least restrictive strategies, supports and interventions to respond to and
reinforce the behavior of pupils with disabilities; and
(5) A process of designing interventions
based on the pupil that are focused on promoting appropriate changes in
behavior as well as enhancing the overall quality of life for the pupil without
the use of aversive or negative means.
The positive behavioral strategies, supports and interventions or other strategies, supports and interventions may be addressed in the statement of special education, supplementary aids and services, or related services, if the pupil's individualized educational program committee determines appropriate.
4. If both an individualized educational program and another individualized plan or program of services are required to be prepared for a pupil, the latter plan or program may be incorporated in the individualized educational program.
5. The public agency shall not limit the availability of extended school year programs to pupils with a particular category of disability or unilaterally limit the type, amount or duration of those programs. As used in this subsection, "extended school year programs" means special education and related services that:
(a) Are provided to a pupil with a disability
outside the normal school year of the public agency;
(b) Are in accordance with the pupil's
individualized educational program;
(c) Are provided at no cost to the parents of
the pupil; and
(d) Comply with the
requirements of this chapter.
Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 11-23-93; R039-98, 5-29-98; 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
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