Nevada Administrative Code

NAC 388.076 “Personally identifiable information” defined. (NRS 385.080, 388.419) “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3. (Added to NAC by Bd. of Education by R017-18, eff. 1-30-2019)

NAC 388.077 “Positive behavioral strategies, supports and interventions” defined. (NRS 385.080) “Positive behavioral strategies, supports and interventions” means a process for integrating behavior analysis with person-center planning to design individualized interventions for pu…

NAC 388.091 “Program of instruction” defined. (NRS 385.080) “Program of instruction” means a program of educational services provided to a pupil. (Added to NAC by Bd. of Education, eff. 7-14-88; A 11-23-93; R017-18, 1-30-2019)

NAC 388.092 “Public agency” defined. (NRS 385.080) “Public agency” has the meaning ascribed to it in 34 C.F.R. § 300.33. (Added to NAC by Bd. of Education, eff. 7-14-88; A 11-23-93; R017-18, 1-30-2019)—(Substituted in revision for NAC 388.021)

NAC 388.093 “Pupil with a disability” defined. (NRS 385.080) “Pupil with a disability” has the meaning ascribed to it in NRS 388.417, but the term does not include a pupil who is determined to be eligible for special services and programs of instruction pursuant to NAC 388.435 un…

NAC 388.095 “Regular classroom teacher” defined. (NRS 385.080) “Regular classroom teacher” means a teacher who knows the developmental and curricular needs of the pupil and who is licensed to teach in the general education program. (Added to NAC by Bd. of Education, eff. 7-14-88;…

NAC 388.101 “Related services” defined. (NRS 385.080) “Related services” has the meaning ascribed to it in 34 C.F.R. § 300.34. The term does not include a medical device that is surgically implanted, the optimization of the functioning of such a device, the maintenance of such a …

NAC 388.102 “Response to scientific, research-based intervention” defined. (NRS 385.080) “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the pupil’s…

NAC 388.1025 “School day” defined. (NRS 385.080, 388.419) “School day” has the meaning ascribed to it in 34 C.F.R. § 300.11(c). (Added to NAC by Bd. of Education by R017-18, eff. 1-30-2019)

NAC 388.103 “Scientific, research-based intervention” defined. (NRS 385.080) “Scientific, research-based intervention” means the modification of the classroom environment, curriculum or delivery of instruction in a regular educational environment, which is: 1. Based upon an exami…

NAC 388.105 “Serious emotional disturbance” defined. (NRS 385.080) [Replaced in revision by NAC 388.0417.]

NAC 388.111 “Social and emotional condition” defined. (NRS 385.080) “Social and emotional condition” means the present thoughts, feelings and interactive behavior of a person. (Added to NAC by Bd. of Education, eff. 7-14-88)

NAC 388.115 “Special education” defined. (NRS 385.080) “Special education” means specially designed instruction, as defined in 34 C.F.R. § 300.39, which is designed to meet the unique needs of a pupil with a disability at no cost to the parent, including, without limitation, inst…

NAC 388.117 “Specific learning disability” defined. (NRS 385.080) “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, heari…

NAC 388.121 “Speech and language” defined. (NRS 385.080) “Speech and language” means skills relating to articulation, phonology, receptive language, expressive language, syntax, semantics, morphology, fluency and the use of the voice. (Added to NAC by Bd. of Education, eff. 7-14-…

NAC 388.125 “Speech and language impairment” defined. (NRS 385.080) “Speech and language impairment” means a disorder relating to language, articulation, fluency or the use of the voice which adversely affects the educational performance of a pupil and which: 1. Is outside the ra…

NAC 388.131 “Superintendent” defined. (NRS 385.080) “Superintendent” means the Superintendent of Public Instruction. (Added to NAC by Bd. of Education, eff. 7-14-88)

NAC 388.132 “Supplementary aids and services” defined. (NRS 385.080) “Supplementary aids and services” means aids, services and other supports that are provided in regular educational classes, other education-related settings, extracurricular settings and nonacademic settings to …

NAC 388.133 “Transition services” defined. (NRS 385.080) “Transition services” means a coordinated set of activities which: 1. Is designed within a process which is results-oriented and which focuses on improving the academic and functional achievement of the pupil with a disabil…

NAC 388.134 “Traumatic brain injury” defined. (NRS 385.080) “Traumatic brain injury” means an injury to the brain caused by an external force that results in the total or partial functional disability or psychosocial impairment of a person, or both. Except as otherwise provided i…

NAC 388.1345 “Travel training” defined. (NRS 385.080) “Travel training” means instruction that: 1. Is provided to pupils with significant cognitive disabilities and to any other pupils with disabilities who require this instruction; and 2. Enables the pupils to: (a) Develop an aw…

NAC 388.135 “Unit” defined. (NRS 385.080) “Unit” means a special education program unit as defined in subsection 3 of NRS 387.1211. (Added to NAC by Bd. of Education, eff. 7-14-88)

NAC 388.141 “Visual impairment” defined. (NRS 385.080) “Visual impairment” means an impairment in vision which, despite correction, adversely affects or will adversely affect the ability of a pupil to benefit from or participate in an educational program without the assistance of…

NAC 388.145 Educational programs for pupils with disabilities provided by public agency: Compliance with chapter and federal laws and regulations. (NRS 385.080, 388.419) Any educational program for pupils with disabilities provided by a public agency in this State, including, wit…

NAC 388.146 Enrollment in school district or charter school of children admitted to psychiatric hospital or facility which provides residential treatment for mental illness. (NRS 387.067, 387.123, 388.419) 1. If a child who is in the custody of an agency which provides child welf…

NAC 388.150 Maximum number of cases per teacher in unit; maximum size of class; exceptions. (NRS 385.080, 388.419, 388.5267) 1. Except as otherwise provided in this section, the maximum number of cases per teacher in a unit for: (a) School-age pupils who are placed in programs fo…

NAC 388.165 Required licensing of teachers; exception. (NRS 385.080, 388.419, 388.5267) 1. Except as otherwise provided in this section, a teacher: (a) In a unit must be licensed in the area of special education, with an endorsement in the area of disability represented by the ma…

NAC 388.171 Employment, preparation and training of qualified personnel to provide services to pupils with disabilities. (NRS 385.080, 388.419) 1. A public agency shall appropriately and adequately prepare and train all personnel employed by the public agency who assist in carryi…

NAC 388.180 Length of school day. (NRS 385.080, 388.090) Except as otherwise provided by NAC 387.125, subsection 2 of NAC 387.131 and NAC 387.286, a school day in session for a unit must consist of the minimum daily periods established for the grade by subsection 1 of NAC 387.131…

NAC 388.191 Biological or adoptive parent or person identified in judicial decree or order deemed to be parent of pupil under certain circumstances. (NRS 385.080, 388.419) 1. Except as otherwise provided in this section, when more than one person may act as the parent of a pupil,…

NAC 388.195 Transfer of rights to pupil who attains age of majority; required notice to parent and pupil; rights remain with or transfer to guardian if pupil adjudicated incompetent. (NRS 385.080, 388.419, 388.457, 388.459) 1. Except as otherwise provided in this section and NAC …

NAC 388.197 Application by parent to represent educational interests of pupil who attains age of majority if pupil has significant cognitive impairment; filing of state complaint; rights remain with parent pending final decision of Department. (NRS 385.080, 388.419, 388.459) 1. N…

NAC 388.215 Measures to identify, locate, evaluate and serve pupils with disabilities. (NRS 385.080, 388.419) Each public agency shall take measures pursuant to 34 C.F.R. § 300.111 to ensure that every pupil with a disability who resides within the school district is identified, …

NAC 388.217 Provision of instructional materials in accessible format to pupil with disability; temporary accommodations. (NRS 385.080, 388.419) 1. A public agency shall take the measures required pursuant to 34 C.F.R. § 300.172 to ensure that each pupil with a disability who nee…

NAC 388.218 Request to determine whether provider of special education is in compliance with state and federal laws regarding pupils with disabilities; considerations for determining good cause to conduct inspection of provider; notice; construction of section. (NRS 385.080, 388.…

NAC 388.219 Provision of services to pupils with disabilities who are homeschooled or enrolled by their parents in private schools. (NRS 385.080, 388.419) To the extent consistent with the number and location of pupils with disabilities who are homeschooled or enrolled by their p…

NAC 388.225 Prohibition on requiring medication of pupil; consulting or sharing certain observations with parent. (NRS 385.080, 388.419) 1. A person employed by a public agency shall not require a pupil or a parent of a pupil to obtain a prescription for the pupil for a substance…

NAC 388.245 Restrictions on placement of pupil with disability; continuum of alternative placements; annual determination of placement of pupil; placement in least restrictive environment. (NRS 385.080, 388.419) 1. A pupil with a disability may not be placed in a special class or…

NAC 388.255 Basis for change in placement of pupil with disability. (NRS 385.080, 388.419) Except as otherwise provided in NAC 388.265, any change in the placement of a pupil with a disability must comply with NAC 388.245 and be based upon: 1. The current individualized education…

NAC 388.261 Transmittal of education records of pupil with disability upon enrollment in different school or public agency. (NRS 385.080, 388.419) 1. Except as otherwise provided in subsection 2, if a pupil with a disability who was enrolled in a school or public agency subsequen…

NAC 388.263 Provision of comparable services to pupil with disability who transfers to another school district or public agency or transfers from another state. (NRS 385.080, 388.419) 1. If a pupil with a disability who is receiving special education and related services pursuant…

NAC 388.265 Suspension, expulsion or exclusion of pupil with disability; additional protections for certain pupils with disabilities. (NRS 385.080, 388.419) 1. A pupil with a disability may not be suspended, expelled or excluded from attendance by a public agency for an incident …

NAC 388.275 Development of interim individualized educational program. (NRS 385.080, 388.419) 1. An interim individualized educational program may be developed by a public agency for a pupil with a disability who is being considered for special education and related services if t…

NAC 388.281 Development, implementation, review and revision of individualized educational program. (NRS 385.080, 388.419) Except as otherwise provided in this chapter and applicable federal laws and regulations: 1. Before providing special education and related services for pupi…

NAC 388.282 Placement of pupil with disability in private school or facility. (NRS 385.080, 388.419) 1. A public agency shall provide a pupil with a disability who is placed in or referred to a private school or facility by the public agency with special education and related ser…

NAC 388.283 Appointment of surrogate parent for pupil with disability; requirements of surrogate parent. (NRS 385.080, 388.419) 1. Except as otherwise provided in subsection 2, a public agency shall appoint a surrogate parent for: (a) A pupil with a disability when: (1) No parent…

NAC 388.284 Individualized educational program: Contents; considerations when developing. (NRS 385.080, 388.419) 1. Each committee shall include in the individualized educational program it develops for a pupil with a disability: (a) A statement of the pupil’s present levels of a…