Current through December 31, 2024
1. A pupil with
a mild intellectual disability is eligible for special education and related
services if the eligibility team, comprised of the persons described in
subsections 5 and 6, concludes that:
(a) The
pupil has a mild intellectual disability and, by reason thereof, needs special
education and related services;
(b)
The measured cognitive abilities of the pupil, as determined by an acceptable
individual standardized test, are at least two standard deviations below the
mean score for that test;
(c) The
adaptive skills of the pupil, in comparison with those of members of the
pupil's chronological peer group, indicate that the pupil is experiencing
difficulty; and
(d) The academic
achievement of the pupil is generally consistent with the cognitive abilities
and adaptive skills of the pupil.
2.
A pupil with a moderate intellectual disability is eligible for
special education and related services if the eligibility team concludes that:
(a) The pupil has a moderate intellectual
disability and, by reason thereof, needs special education and related
services;
(b) The measured
cognitive abilities of the pupil, as determined by an acceptable individual
standardized test, are at least three standard deviations below the mean score
for that test;
(c) The adaptive
skills of the pupil, in comparison with those of members of the pupil's
chronological peer group, indicate that the pupil has markedly lower
capabilities; and
(d) The academic
achievement and speech and language development of the pupil is generally
consistent with the cognitive abilities and adaptive skills of the pupil.
3. A pupil with a severe
intellectual disability is eligible for special education and related services
if the eligibility team concludes that:
(a)
The pupil has a severe intellectual disability and, by reason thereof, needs
special education and related services;
(b) The measured cognitive abilities of the
pupil, as determined by an acceptable individual standardized test, are at
least four standard deviations below the mean score for that test;
(c) The adaptive skills of the pupil, in
comparison with those of members of the pupil's chronological peer group,
indicate that the pupil has extensively lower capabilities; and
(d) The developmental functioning of the
pupil is generally consistent with the cognitive abilities and adaptive skills
of the pupil.
4. A pupil
with a profound intellectual disability is eligible for special education and
related services if the eligibility team concludes that:
(a) The pupil has a profound intellectual
disability and, by reason thereof, needs special education and related
services;
(b) The measured
cognitive abilities of the pupil, as determined by an acceptable individual
standardized test, are at least five standard deviations below the mean score
for that test;
(c) The adaptive
skills of the pupil, in comparison with those of members of the pupil's
chronological peer group, indicate that the pupil has extremely limited
capabilities; and
(d) The
developmental functioning of the pupil is generally consistent with the
cognitive abilities and adaptive skills of the pupil.
5. The eligibility team must consist of:
(a) A school psychologist;
(b) A special education teacher or specialist
in the field of intellectual disabilities;
(c) A speech and language specialist;
(d) A parent of the pupil; and
(e) If not otherwise a member of
the team, one or more persons qualified, because of personal knowledge of the
pupil, to interpret:
(1) Assessments of the
health and adaptive skills of the pupil; and
(2) Information relating to the family of the
pupil.
The person or persons described in this paragraph may be one
or more of the persons described in paragraphs (a), (b) and (c) and may,
without limitation, be a school administrator, school nurse, school counselor,
school psychologist or any other certificated or licensed
professional.
6. If
the requirements of subsection 5 are met, one or more of the following persons
may serve on the eligibility team:
(a) The
principal of the school attended by the pupil;
(b) A regular classroom teacher of the pupil
or, if none, a person qualified to teach the pupil;
(c) An occupational therapist;
(d) A physical therapist; and
(e) Any other specialist whose presence on
the team is deemed appropriate.
7.
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 cognitive
abilities of the pupil;
(b) The
adaptive skills of the pupil, including prevocational and vocational
assessments if appropriate;
(c) The
health of the pupil, including a developmental history;
(d) The academic achievement of the pupil;
and
(e) The performance of the
pupil relating to speech and language.
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
