Nev. Admin. Code § 388.340 - Determination of eligibility of pupil and appropriate individualized educational program
1. In conducting an
evaluation pursuant to NAC
388.330 to
388.440, inclusive, and section
10 of this regulation, the public agency shall comply with the provisions of
34 C.F.R. §§
300.304,
300.305
and
300.306
and shall use a variety of assessment tools and strategies to gather relevant
functional, developmental and academic information concerning the pupil,
including, without limitation, information provided by the parent that may
assist in determining:
(a) Whether the pupil
is a pupil with a disability; and
(b) The educational needs of the pupil and
the content of the pupil's individualized educational program, including,
without limitation, information related to enabling the pupil to be involved in
and progress in the general education curriculum or, for preschool children, to
participate in appropriate activities.
2. No single measure or assessment may be
used as the sole or controlling criterion for determining whether a pupil is a
pupil with a disability pursuant to NAC
388.330 to
388.440, inclusive, and section
10 of this regulation or for determining an appropriate individualized
educational program for the pupil.
3.
The public agency shall use technically sound instruments that
assess the relative contribution of cognitive, behavioral, physical or
developmental factors.
4. The
public agency shall ensure that:
(a)
Assessments and other evaluation materials used to assess a pupil pursuant to
this section are:
(1) Selected and
administered so as not to be discriminatory on a racial or cultural basis;
(2) Provided and administered in
the language or other communication mode normally used by the pupil in the home
or in his or her learning environment and in the form most likely to yield
accurate information on what the pupil knows and can do academically,
developmentally and functionally, unless it is clearly not feasible to so
provide or administer;
(3) Used for
purposes for which the assessments or measures are valid and reliable;
(4) Administered by trained and
knowledgeable personnel; and
(5)
Administered in accordance with any instructions provided by the producer of
such assessments;
(b) The
pupil is assessed in all areas of suspected disability;
(c) Assessments and other evaluation
materials used to assess a pupil pursuant to this section include those
tailored to assess specific areas of educational need and not merely those that
are designed to provide a single general intelligence quotient;
(d) Assessments are selected and administered
in a manner to ensure that, if an assessment is administered to a pupil with
impaired sensory, manual or speaking skills, the assessment results accurately
reflect the pupil's aptitude or achievement level or any other factors the test
purports to measure rather than reflecting the pupil's impaired sensory, manual
or speaking skills unless those skills are the factors that the test purports
to measure;
(e) Assessment tools
and strategies that provide relevant information which directly assists persons
in determining the educational needs of the pupil are provided; and
(f) Assessments of pupils with disabilities
who transfer from one public agency to another public agency in the same
academic school year are coordinated with the pupil's prior and subsequent
schools, as necessary and as expeditiously as possible consistent with the
provisions of NAC
388.337, to ensure prompt
completion of full evaluations.
5.
When interpreting evaluation data to determine the eligibility of
a pupil for special education and related services pursuant to NAC
388.325 to
388.450, inclusive, and section
10 of this regulation, and to determine the educational needs of the pupil, the
public agency shall:
(a) Draw upon
information from a variety of sources, including, without limitation, aptitude
and achievement tests, input from the parent of the pupil, recommendations from
the teacher of the pupil and any other information about the physical
condition, social or cultural background of the pupil and the adaptive behavior
of the pupil; and
(b) Ensure that
the information obtained from sources pursuant to paragraph (a) is properly
documented and carefully considered.
6. In making a determination of the
eligibility of the pupil for special education and related services pursuant to
NAC 388.330 to
388.440, inclusive, and section
10 of this regulation, a pupil may not be determined to be a pupil with a
disability if the controlling factor for such a determination is one of the
following:
(a) Lack of appropriate
instruction in reading, including, without limitation, the essential components
of reading instruction which includes explicit and systematic instruction in:
(1) Phonemic awareness;
(2) Phonics;
(3) Vocabulary development;
(4) Reading fluency, including, without
limitation, oral reading skills; and
(5) Reading comprehension strategies.
(b) Lack of appropriate
instruction in math .
(c) Limited
proficiency in English.
7.
The screening of a pupil by a teacher or specialist to determine
appropriate instructional strategies for curriculum implementation, including,
without limitation, an early literacy screening assessment, must not be
considered as an evaluation of the pupil pursuant to this section.
8. Except as otherwise provided in this
subsection, the public agency must evaluate a pupil with a disability pursuant
to NAC 388.330 to
388.440, inclusive, and section
10 of this regulation, before determining that the pupil is no longer a pupil
with a disability. An evaluation is not required to terminate a pupil's
eligibility if the pupil graduates from secondary school with a standard high
school diploma or the pupil is no longer under the age of 22 years. The public
agency shall provide such a pupil with a written summary of the pupil's
academic achievement and functional performance, including, without limitation,
recommendations to assist the pupil in meeting postsecondary goals.
9. Any decision of the eligibility team
concerning the eligibility of a pupil for special education and related
services pursuant to NAC
388.330 to
388.440, inclusive, and section
10 of this regulation, must be justified in a written report, to be kept in the
records of the pupil maintained by the public agency. The public agency shall
provide a copy of the report and any other documentation relating to the
determination of the pupil's eligibility pursuant to this section to the
parents of the pupil at no cost.
10. If the members of the eligibility team
disagree about the determination of eligibility, a minority report must be
prepared if required by paragraph (j) of subsection 8 of NAC
388.420 and may be prepared in
any other case.
11. As used in this
section, "essential components of reading instruction" means explicit and
systematic instruction in:
(a) Phonemic
awareness;
(b) Phonics;
(c) Vocabulary development;
(d) Reading fluency, including, without
limitation, oral reading skills; and
(e) Reading comprehension
strategies.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.