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

Universal Citation: NV Admin Code 388.402

Current through December 31, 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.

4. The eligibility team shall conduct an evaluation of the pupil to determine eligibility for special education and related services pursuant to this section. Such an evaluation must:

(a) Assess the health of the pupil; and

(b) Analyze the ability of the pupil to perform in a regular classroom.

5. The evaluation conducted pursuant to subsection 4 may also include an assessment of the:

(a) Developmental history;

(b) Cognitive abilities;

(c) Social and emotional condition;

(d) Academic achievement; and

(e) Language and motor skills, of the pupil.

Added to NAC by Bd. of Education, eff. 11-23-93; A by R039-98, 5-29-98; R085-99, 2-16-2000; R064-08, 9-18-2008; A by R017-18A, eff. 1/30/2019

NRS 385.080, 388.419 and 388.433

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