Nev. Admin. Code § 388.337 - Deadlines for conducting initial evaluations; request for extension; exception

1. Except as otherwise provided by subsections 2 and 3, when a public agency determines that good cause exists to evaluate a pupil pursuant to NAC 388.330 to 388.440, inclusive, and section 10 of this regulation, it shall conduct the initial evaluation within:

(a) Forty-five school days after the parent provides informed written consent;

(b) Forty-five school days after receipt of the decision of a hearing officer pursuant to NAC 388.310 ordering the evaluation or the time set forth in the decision, whichever is shorter; or

(c) At any other time agreed upon in writing by the parent and the public agency.

2. Upon the request of a public agency, the Superintendent may extend the deadline for conducting initial evaluations for not more than 15 school days.

3. The deadline for conducting an initial evaluation does not apply to a public agency if:

(a) A pupil enrolls in a school served by the public agency after the 45 school day timeframe has begun and before a determination by the pupil's previous public agency as to whether the pupil is a pupil with a disability, but only if the succeeding public agency is making sufficient progress to ensure a prompt completion of the evaluation and the parent and subsequent public agency agree to a specific time when the evaluation will be completed; or

(b) The parent of the pupil repeatedly fails or refuses to deliver the pupil for the evaluation.

4. For the purposes of this section, "school day" means any day in which pupils enrolled in a school are scheduled to be engaged in registration, classes, other instructional activities or testing during the required minimum daily period for each grade or department.

Notes

Nev. Admin. Code § 388.337

Added to NAC by Bd. of Education, eff. 11-23-93; A by R085-99, 2-16-2000; R071-05, 2-23-2006; A by R017-18A, eff. 1/30/2019

NRS 385.080, 388.419 and 388.433