Current through December 31, 2024
1. A pupil with a speech and language
impairment is eligible for special education and related services if the
eligibility team, comprised of the persons described in subsection 5, concludes
that:
(a) The pupil has a speech and language
impairment and, by reason thereof, needs special education and related
services;
(b) The pupil has
demonstrated the ability to profit from speech and language therapy; and
(c) The pupil requires a program of
instruction, because of the nature or severity of the pupil's impairment, which
is not feasible in the current educational setting of the pupil because:
(1) Intensive remedial techniques or
strategies, which can only be implemented in a clinical or therapeutic setting,
are required to improve the communication skills of the pupil;
(2) The nature of the pupil's impairment
requires that the pupil receive the services of a teacher of the speech and
language impaired; or
(3) The
pupil's impairment is of such severity or multiplicity that individual or small
group management, available only in a speech and language program, is required.
2. For the
purposes of this section, an impairment exists if the pupil suffers from a
deficit or disorder with respect to:
(a)
Phonology or articulation, as indicated by the presence of three or more of the
following conditions:
(1) The pupil has the
physiological potential to make the neuromuscular adjustments necessary for
oral expression;
(2) The
communicative ability of the pupil is interfered with by the pupil's lack of
intelligibility;
(3) The pupil
cannot adequately discriminate, imitate or sequence sound patterns;
(4) The ability of the pupil to articulate is
significantly less than that which is expected in view of the cognitive
abilities and level of development of the pupil; or
(5) The deficit or disorder has an adverse
social, emotional or academic effect upon the pupil;
(b) The use and comprehension of language, as
indicated by the presence of two or more of the following conditions:
(1) The ability of the pupil to comprehend
language is significantly less than that which is expected in view of the
cognitive abilities and level of development of the pupil;
(2) The use of expressive language by the
pupil is significantly less than that which is expected in view of the
cognitive abilities and level of development of the pupil;
(3) Pragmatic use of language by the pupil is
inappropriate; or
(4) The deficit
or disorder has an adverse social, emotional or academic effect upon the pupil;
(c) Fluency of speech, as
indicated by the presence of two or more of the following conditions:
(1) The speech of the pupil is observed to be
dysfluent;
(2) The severity of the
deficit or disorder is such that it interferes with communication by the pupil;
or
(3) The deficit or disorder has
an adverse social, emotional or academic effect upon the pupil; or
(d) The quality, pitch or
intensity of the pupil's voice, as indicated by the presence of two or more of
the following conditions:
(1) Voice therapy
is recommended by:
(II) Another person certified as a
specialist in the identification and treatment of oral, nasal or laryngeal
anomalies;
(2) The
severity of the deficit or disorder is such that it interferes with
communication by the pupil; or
(3)
The deficit or disorder has an adverse social, emotional or academic effect
upon the pupil.
3.
A pupil with limited proficiency in English is eligible for the
special education and related services referred to in this section, on the same
basis as other pupils, if the pupil's impairment:
(a) Manifests itself in the pupil's native
language and in English; and
(b) Is
not attributable to the phonological system of the pupil's native language, or
to dialectical differences of articulation and language form between that
language and English.
4.
A pupil under the age of 6 years is not ineligible, because of the
age of the pupil, for the special education and related services referred to in
this section.
5. The eligibility
team must consist of:
(a) A speech and
language specialist;
(b) A regular
classroom teacher of the pupil or, if none, a person qualified to teach the
pupil;
(c) If the pupil has another
disability in addition to the pupil's speech and language impairment, a special
education teacher;
(d) A parent of
the pupil; and
(e) If not otherwise
a member of the team, a person having personal knowledge of the pupil. This
person may be, without limitation, a school administrator, school nurse, school
counselor, school psychologist or any other certificated or licensed
professional.
6. The
conclusions of the eligibility team concerning the eligibility of the pupil for
the special education and related services referred to in this section must be
based upon an evaluation of the pupil. The evaluation must include an
assessment of:
(a) The performance of the
pupil relating to language, articulation, fluency or voice, as relevant to the
pupil's impairment;
(b) The health
of the pupil; and
(c) If relevant
to the pupil's eligibility for the special education and related services
referred to in this section, the cognitive abilities, academic achievement, and
social and emotional condition of the pupil.
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;
R064-08, 9-18-2008; A by
R017-18A,
eff. 1/30/2019
NRS
385.080,
388.419 and
388.433