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 December 31, 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:
2. No single measure or assessment may be used as the sole or controlling criterion for determining whether a pupil is a pupil with a disability pursuant to NAC 388.330 to 388.440, inclusive, and section 10 of this regulation or for determining an appropriate individualized educational program for the pupil.
3. The public agency shall use technically sound instruments that assess the relative contribution of cognitive, behavioral, physical or developmental factors.
4. The public agency shall ensure that:
5. When interpreting evaluation data to determine the eligibility of a pupil for special education and related services pursuant to NAC 388.325 to 388.450, inclusive, and section 10 of this regulation, and to determine the educational needs of the pupil, the public agency shall:
6. In making a determination of the eligibility of the pupil for special education and related services pursuant to NAC 388.330 to 388.440, inclusive, and section 10 of this regulation, a pupil may not be determined to be a pupil with a disability if the controlling factor for such a determination is one of the following:
7. The screening of a pupil by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation, including, without limitation, an early literacy screening assessment, must not be considered as an evaluation of the pupil pursuant to this section.
8. Except as otherwise provided in this subsection, the public agency must evaluate a pupil with a disability pursuant to NAC 388.330 to 388.440, inclusive, and section 10 of this regulation, before determining that the pupil is no longer a pupil with a disability. An evaluation is not required to terminate a pupil's eligibility if the pupil graduates from secondary school with a standard high school diploma or the pupil is no longer under the age of 22 years. The public agency shall provide such a pupil with a written summary of the pupil's academic achievement and functional performance, including, without limitation, recommendations to assist the pupil in meeting postsecondary goals.
9. Any decision of the eligibility team concerning the eligibility of a pupil for special education and related services pursuant to NAC 388.330 to 388.440, inclusive, and section 10 of this regulation, must be justified in a written report, to be kept in the records of the pupil maintained by the public agency. The public agency shall provide a copy of the report and any other documentation relating to the determination of the pupil's eligibility pursuant to this section to the parents of the pupil at no cost.
10. If the members of the eligibility team disagree about the determination of eligibility, a minority report must be prepared if required by paragraph (j) of subsection 8 of NAC 388.420 and may be prepared in any other case.
11. As used in this section, "essential components of reading instruction" means explicit and systematic instruction in:
Added to NAC by Bd. of Education, eff. 7-14-88; A 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, 388.419 and 388.433