Current through December 31, 2024
1. A pupil with an emotional disturbance is
eligible for special education and related services if the eligibility team,
comprised of the persons described in subsection 4, concludes that:
(a) The pupil has an emotional disturbance
and, by reason thereof, needs special education and related services;
(b) The pupil exhibits one or more
of the characteristics described in subsection 2;
(c) These characteristics have been evident
for at least 3 months;
(d) The
characteristics adversely affect the ability of the pupil to perform
developmental tasks appropriate to the pupil's age:
(1) Within the educational environment,
despite the provision of intervention strategies; or
(2) In the case of a pupil under school age,
in the home, child care or preschool setting; and
(e) Special education support is required to
alleviate these adverse effects.
2.
The requirement of paragraph (b) of subsection 1 is satisfied by
the consistent manifestation of any of the following characteristics:
(a) An inability of the pupil to build or
maintain satisfactory interpersonal relationships within the school
environment, including:
(1) Withdrawal and
isolation of the pupil from others.
(2) Efforts by the pupil to obtain negative
attention from others through punishment, ostracism or excessive approval.
(b) Inappropriate
behavior or feelings under normal circumstances, including atypical behavior
such as outbursts of anger, crying or head banging, without apparent cause or
reason.
(c) A pervasive mood of
unhappiness or depression.
(d)
Fears or a tendency to develop physical symptoms associated with personal or
school problems.
3. A
pupil is not eligible for the special education and related services referred
to in subsection 1 solely because:
(a) The
pupil exhibits the characteristics described in subsection 2 because of
sensory, intellectual or health factors; or
(b) The pupil is socially maladjusted or has
a conduct problem.
A pupil who is socially maladjusted or has a conduct problem
may not be determined to be eligible for special education and related services
unless the eligibility team concludes, based upon an evaluation of the pupil,
that the pupil meets the criteria of eligibility set forth in NAC
388.330 to
388.440, inclusive, and section
10.
4. The eligibility team
must consist of:
(a) A school psychologist;
(b) A regular classroom teacher of
the pupil or, if none, a person qualified to teach the pupil;
(c) A special education teacher or specialist
in the field of emotional disturbances;
(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 information relating to the health, development, family, and social
and emotional condition 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.
5. 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 social and emotional condition of the
pupil, based in part upon information from the pupil;
(b) The health and cognitive abilities of the
pupil;
(c) The performance of the
pupil in the pupil's current educational setting; and
(d) Any intervention on behalf of the pupil.
6. As used in this
section, "socially maladjusted" and "conduct problem" mean behavior
characterized by knowledge of social expectations and intentional disregard of
those expectations.
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;
R058-07, 10-31-2007; R064-08, 9-18-2008; A by
R017-18A,
eff. 1/30/2019
NRS
385.080,
388.419 and
388.433
