Current through December 31, 2024
1. A pupil with specific learning
disabilities 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 a specific learning
disability and, by reason thereof, needs special education and related
services;
(b) The pupil does not
achieve adequately for the pupil's age or to meet the state-approved grade
level standards when provided with learning experiences and instruction
appropriate for the age of the pupil in one or more of the following areas:
(2) Listening comprehension;
(4) Basic reading skills;
(5) Reading fluency skills;
(6) Reading comprehension;
(7) Mathematics calculation; or
(8) Mathematics problem solving;
(c) The pupil:
(1) Does not make sufficient progress to meet
the age-appropriate standards or the state-approved grade level standards in
one or more of the areas set forth in paragraph (b) when using a process based
on the pupil's response to scientific, research-based intervention; or
(2) Exhibits a pattern of strengths
and weaknesses in performance or achievement, or both, relative to the pupil's
age, the state-approved grade level standards or intellectual development, that
is determined by the eligibility team to be relevant to the identification of a
specific learning disability using appropriate assessments;
(d) The findings in this
subsection are not primarily the result of:
(1) A visual, hearing or motor disability;
(2) An intellectual disability;
(3) An emotional disturbance;
(5) Environmental or economic disadvantage;
or
(6) Limited English proficiency;
(e) Interventions
implemented in general education classrooms have not remedied any identified
underachievement; and
(f) Any
identified underachievement or severe discrepancy between achievement and
intellectual ability is not correctable without special education and related
services.
2. If the
public agency determines that a pupil exhibits a pattern of strengths and
weaknesses in performance or achievement, or both, relative to the pupil's age,
the state-approved grade level standards or intellectual development, the
public agency shall determine whether the pupil has a severe discrepancy
between achievement and intellectual ability in the areas set forth in
paragraph (b) of subsection 1. Except as otherwise provided in this subsection,
if the public agency considers the existence of a discrepancy between
achievement and intellectual ability, the discrepancy must be determined
through the use of a statistically valid formula, as prescribed by the
Department, which takes into account the age and level of ability of the pupil,
the correlation between tests of ability and achievement, and the reliability
of each test used. The Department shall prescribe this formula on the basis of
consultation with an appropriate representative of each public agency affected.
In the case of a pupil under the age of 6 years, a discrepancy may be
identified through the use of one or more tests of language concepts or
academic readiness skills. If the public agency considers the existence of a
severe discrepancy between achievement and intellectual ability, the
discrepancy between achievement and intellectual ability must be corroborated
by classroom-based assessment. If the public agency considers the continuing
existence of a severe discrepancy between achievement and intellectual ability
in a reevaluation of the pupil, the determination of a severe discrepancy may
be made based upon information other than the statistically valid formula
prescribed by the Department pursuant to this subsection.
3. If the public agency determines that a
pupil has not made sufficient progress to meet the age-appropriate standards or
the state-approved grade level standards in one or more of the areas set forth
in paragraph (b) of subsection 1 when using a process based on the pupil's
response to scientific, research-based intervention, the public agency shall
document:
(a) The instructional strategies
used and the pupil-centered data collected; and
(b) The notice provided to the parents of the
pupil concerning:
(1) The policies of the
Department regarding the amount and nature of the data relating to the
performance of the pupil that will be collected and the general educational
services that will be provided;
(2)
Strategies to increase the rate of learning of the pupil; and
(3) The right of the parents to request an
evaluation to determine whether the pupil is eligible for special education and
related services.
4.
The eligibility team must consist of:
(a) A regular classroom teacher of the pupil
or, if the pupil does not have a regular teacher, a teacher qualified to teach
a pupil of the pupil's age;
(b) A
special education teacher or specialist with knowledge in the area of the
suspected disability;
(c) A school
psychologist;
(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 pupil's
health, family, and social and emotional condition. 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 must be based upon an
evaluation of the pupil. The evaluation must include:
(a) An assessment of:
(1) The cognitive abilities of the pupil, if
the public agency determines the existence of a severe discrepancy between
achievement and intellectual ability;
(2) The social and emotional condition of the
pupil;
(3) The academic achievement
of the pupil;
(4) The performance
of the pupil in the pupil's current educational setting;
(5) Any scientific, research-based
intervention provided to the pupil; and
(6) The health and developmental history of
the pupil;
(b) An
observation of the academic performance of the pupil as provided in subsection
6 ; and
(c) A norm-referenced
assessment of whether the pupil has dyslexia, if the public agency has:
(1) Confirmed that the pupil has indicators
for dyslexia;
(2) Provided targeted
scientific, research-based intervention to the pupil in addition to the early
literacy screening assessment required by
NRS
388.441; and
(3) Determined that the pupil needs
additional screening to determine whether the pupil has a specific learning
disability.
6.
In determining whether a pupil has a specific learning disability,
the eligibility team shall:
(a) Use
information from an observation in routine classroom instruction and monitoring
of the performance of the pupil that was conducted before the pupil was
referred for an evaluation; or
(b)
Have at least one member of the eligibility team conduct an observation of the
academic progress of the pupil in the regular classroom after the pupil was
referred for an evaluation and parental consent is obtained pursuant to NAC
388.300.
If a pupil is less than school age or out of school, an
eligibility team member shall observe the pupil in an environment appropriate
for a pupil of that age.
7.
To ensure that the underachievement of a pupil who is suspected of
having a specific learning disability is not due to lack of appropriate
instruction in reading or math, the eligibility team shall consider as part of
the evaluation:
(a) Data that demonstrates
that before, or as part of, the referral process, the pupil was provided
appropriate instruction in regular educational settings, delivered by qualified
personnel; and
(b) Data-based
documentation of repeated assessments of achievement at reasonable intervals
that reflects formal assessments of the progress of the pupil during
instruction. The documentation must be provided to the parents of the pupil.
8. The eligibility team
shall document the determination of eligibility of the pupil which must
include:
(a) A statement as to whether the
pupil has a specific learning disability;
(b) The basis for making that determination,
including an assurance that the determination has been made in accordance with
NAC 388.340;
(c) A description of the relevant behavior
noted during the observation of the pupil;
(d) A statement of the relationship of that
behavior to the academic functioning of the pupil;
(e) Any educationally relevant medical
findings;
(f) A statement as to
whether the pupil does not achieve adequately for the pupil's age or to meet
the state-approved grade level standards and whether the pupil:
(1) Has not made sufficient progress to meet
the age-appropriate standards or the state-approved grade level standards when
a process based on the pupil's response to scientific, research-based
intervention is used; or
(2)
Exhibits a pattern of strengths and weaknesses in performance or achievement,
or both, relative to the pupil's age, the state-approved grade level standards
or intellectual development;
(g) A statement that any identified
underachievement or severe discrepancy between achievement and intellectual
development is not correctable without special education and related services;
(h) The conclusion of the team
concerning the effect upon the achievement of the pupil of any visual
disability, hearing disability, motor disability, intellectual disability,
emotional disturbance, cultural factors, environmental or economic
disadvantage, or limited English proficiency;
(i) If the pupil has participated in a
process that assesses the response of the pupil to scientific, research-based
intervention:
(1) The instructional
strategies used and the pupil-centered data that was collected; and
(2) Documentation that the parents of the
pupil were notified about:
(I) The policies
of the Department regarding the amount and nature of the data relating to the
performance of a pupil that will be collected and the general educational
services that will be provided;
(II) Strategies to increase the rate of
learning of the pupil; and
(III)
The right of the parents to request an evaluation to determine whether the
pupil is eligible for special education and related services; and
(j) A
certification by each member of the team that the report reflects the member's
conclusions or, if the report does not reflect the conclusions of a member, a
minority report of the conclusions of that member.
9. If the public agency considers the
continuing existence of a severe discrepancy between predicted and actual
achievement in a reevaluation of the pupil, the determination of a severe
discrepancy may be made based upon information other than the statistically
valid formula prescribed by the Department pursuant to subsection
2.
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; R064-08, 9-18-2008; A by
R017-18A,
eff. 1/30/2019
NRS
385.080,
388.419 and
388.433
