Nevada Administrative Code

NAC 388.289 Confidentiality of personally identifiable information; exception. (NRS 385.080, 388.419, 388.5267) 1. Each agency with personally identifiable information shall, pursuant to the provisions of 34 C.F.R. §§ 300.610 to 300.626, inclusive: (a) Protect the confidentiality…

NAC 388.290 Required facilities and space. (NRS 385.080, 388.419) The facilities and the assignment of space to special programs for pupils with disabilities must be comparable to the facilities and space assigned for regular programs in the school. For the purposes of this subse…

NAC 388.292 Public notice of major project to identify, locate or evaluate pupils or educational data; contents of notice. (NRS 385.080, 388.419, 388.5267) 1. Before a public agency begins a major project involving the identification, location or evaluation of pupils or education…

NAC 388.294 Monitoring of units and programs. (NRS 385.080, 388.419, 388.5267) 1. The Department will monitor each unit to determine whether the unit is in compliance with this chapter. 2. Each public agency which provides an educational program for pupils with disabilities shall…

NAC 388.296 Reports to Department concerning programs and units. (NRS 385.080, 388.419) 1. Any information or report required to be furnished to the Department by a public agency providing an educational program for pupils with disabilities must be furnished in the form and manne…

NAC 388.297 Report to Department regarding caseloads of physical therapists and occupational therapists employed by or contracted with a public agency to provide services to pupils with disabilities; posting on Internet website. (NRS 385.080, 388.419) 1. On or before October 1 of…

NAC 388.300 Circumstances in which informed parental consent required; withdrawal of consent; exception; prior written notice to parents of proposed or refused action; provision of statement of parental rights; electronic notice. (NRS 385.080, 388.419) 1. Except as otherwise prov…

NAC 388.302 Participation by parent in certain meetings regarding pupil with disability. (NRS 385.080, 388.419) 1. The parent of a pupil with a disability must be afforded an opportunity to participate in meetings relating to the identification, evaluation and educational placeme…

NAC 388.305 Resolution of dispute by mediation; qualifications and list of mediators; payment of costs; enforceability of mediation agreement. (NRS 385.080, 388.419, 388.5267) 1. If a dispute arises between the parent of a pupil and a public agency which relates to the identifica…

NAC 388.306 Due process complaint. (NRS 385.080, 388.419, 388.5267) 1. Except as otherwise provided in NAC 388.300, a parent of a pupil or a public agency may file a due process complaint on any matter relating to any proposal or refusal to initiate or change the identification, …

NAC 388.307 Resolution meeting; exception; enforceability of agreement. (NRS 385.080, 388.419, 388.5267) 1. Except as otherwise provided in this section and subsection 4 of NAC 388.308, within 15 days after receiving a due process complaint from a parent pursuant to NAC 388.306 a…

NAC 388.308 Expedited hearing. (NRS 385.080, 388.419, 388.5267) 1. A hearing requested by a parent pursuant to NAC 388.306 must be expedited pursuant to this section if the hearing is to resolve a dispute concerning: (a) A determination of whether the conduct of the pupil is a ma…

NAC 388.310 Resolution of dispute by hearing; payment of expenses; qualifications and list of hearing officers; final decision; request for recusal of hearing officer. (NRS 385.080, 388.419, 388.5267) 1. If a parent or public agency files a due process complaint pursuant to NAC 3…

NAC 388.315 Appeal from decision of hearing officer; transmittal and public availability of findings of fact and decision. (NRS 385.080, 388.419, 388.5267) 1. A party may appeal from the decision of a hearing officer made pursuant to NAC 388.310 by filing with the Superintendent …

NAC 388.318 State complaints to Department; final administrative decision. (NRS 385.080, 388.419) 1. A person, as the term is defined in NRS 0.039, including a person outside this State, may file a state complaint with the Superintendent alleging that a public agency has violated…

NAC 388.319 Contingency Account for Special Education Services: Eligibility of school district or charter school for reimbursement of certain expenses for special education services. (NRS 385.080, 388.5243) 1. An expense incurred by a school district or charter school is eligible…

NAC 388.323 Contingency Account for Special Education Services: Application for reimbursement of certain expenses; approval or denial of application; decision not subject to review. (NRS 385.080, 388.5243) 1. A school district or charter school may apply to the Department for rei…

NAC 388.325 Provision of targeted scientific, research-based intervention for pupil with academic or behavioral difficulty; intervention plan; notice to parents concerning right to request evaluation to determine eligibility for special education. (NRS 385.080, 388.419, 388.433) …

NAC 388.330 Credentials required to administer or interpret assessment. (NRS 385.080, 388.419, 388.433) Any person responsible for administering or interpreting an assessment pursuant to NAC 388.330 to 388.440, inclusive, must: 1. Possess a license or certificate in the area of t…

NAC 388.335 Tests and devices for assessment. (NRS 385.080, 388.419, 388.433) Any test or other device for assessment used pursuant to NAC 388.330 to 388.440, inclusive, must comply with the evaluation procedures set forth in 34 C.F.R. §§ 300.304 to 300.311, inclusive, and NAC 38…

NAC 388.336 Review of evaluation data; determination of need for additional data. (NRS 385.080, 388.419, 388.433) As part of an initial evaluation if data is available, and as part of any reevaluation, a group that includes the committee that developed or will develop the pupil’s…

NAC 388.337 Deadlines for conducting initial evaluations; request for extension; exception. (NRS 385.080, 388.419, 388.433) 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 t…

NAC 388.340 Determination of eligibility of pupil and appropriate individualized educational program; termination of eligibility; written report of eligibility team; minority report. (NRS 385.080, 388.419, 388.433) 1. In conducting an evaluation pursuant to NAC 388.330 to 388.440…

NAC 388.345 Assessment of cognitive abilities. (NRS 385.080, 388.419, 388.433) 1. An individually administered, standardized test of cognitive ability must be used in assessing the cognitive abilities of a pupil with a disability. If a score other than the total score of the pupi…

NAC 388.350 Assessment of social and emotional condition; interpretation of assessment. (NRS 385.080, 388.419, 388.433) 1. Except as otherwise provided in this subsection, if the social and emotional condition of a pupil with a disability is assessed, the assessment may include: …

NAC 388.360 Assessment of adaptive skills. (NRS 385.080, 388.419, 388.433) 1. If the adaptive skills of a pupil with a disability are assessed, the person conducting the assessment must use a validated adaptive behavior scale. The assessment must include an assessment of any six …

NAC 388.365 Assessment of health. (NRS 385.080, 388.419, 388.433) 1. If the health of a pupil with a disability is assessed, the assessment may include: (a) A review of the developmental history; (b) Hearing and vision screening; (c) A physical examination; (d) An audiological as…

NAC 388.370 Assessment of speech, language or other communication skills. (NRS 385.080, 388.419, 388.433) 1. If the speech, language or other communication skills of a pupil with a disability are assessed, the assessment may include: (a) The use of a standardized test of speech, …

NAC 388.375 Assessment of academic achievement; interpretation of assessment. (NRS 385.080, 388.419, 388.433) 1. Except as otherwise provided in subsection 2, if the academic achievement of a pupil with a disability is assessed, the person conducting the assessment may use: (a) A…

NAC 388.380 Assessment of performance in current educational setting; interpretation of assessment. (NRS 385.080, 388.419, 388.433) 1. If the performance of a pupil with a disability in the pupil’s current educational setting is assessed, the assessment may include: (a) Except as…

NAC 388.385 Assessment of evidence of intervention. (NRS 385.080, 388.419, 388.433) If, with respect to a pupil with a disability, evidence of any intervention is assessed, the assessment may include consideration of the feasibility of: 1. Adapting curriculum materials to the nee…

NAC 388.386 Assessment of functional behavior; informed parental consent. (NRS 385.080, 388.419, 388.433) 1. If the functional behavior of a pupil is assessed, the assessment must include: (a) Systematic observation of the occurrence of the targeted behavior for an accurate defin…

NAC 388.387 Eligibility of pupil with autism spectrum disorder. (NRS 385.080, 388.419, 388.433) 1. A pupil is eligible for special education and related services if the eligibility team, comprised of the persons set forth in subsection 2, determines that the pupil has an autism s…

NAC 388.390 Eligibility of pupil with hearing impairment. (NRS 385.080, 388.419, 388.433) 1. Except as otherwise provided in subsection 3, a pupil with a hearing impairment who is deaf is eligible for special education and related services if the eligibility team, comprised of th…

NAC 388.395 Eligibility of pupil with visual impairment. (NRS 385.080, 388.419, 388.433) 1. A pupil with a severe visual impairment is eligible for special education and related services if the eligibility team, comprised of the persons described in subsections 4 and 5, concludes…

NAC 388.400 Eligibility of pupil with orthopedic impairment. (NRS 385.080, 388.419, 388.433) 1. A pupil with an orthopedic impairment is eligible for special education and related services if the eligibility team, comprised of the persons described in subsection 3, concludes that…

NAC 388.402 Eligibility of pupil with health impairment other than orthopedic impairment. (NRS 385.080, 388.419, 388.433) 1. A pupil is eligible for special education and related services if the eligibility team, comprised of the persons described in subsection 3, concludes that …

NAC 388.405 Eligibility of pupil with speech and language impairment. (NRS 385.080, 388.419, 388.433) 1. A pupil with a speech and language impairment is eligible for special education and related services if the eligibility team, comprised of the persons described in subsection …

NAC 388.407 Eligibility of pupil with traumatic brain injury. (NRS 385.080, 388.419, 388.433) 1. A pupil is eligible for special education and related services if the eligibility team, comprised of the persons described in subsection 2, concludes that the pupil has a traumatic br…

NAC 388.410 Eligibility of pupil with intellectual disability. (NRS 385.080, 388.419, 388.433) 1. A pupil with a mild intellectual disability is eligible for special education and related services if the eligibility team, comprised of the persons described in subsections 5 and 6,…

NAC 388.415 Eligibility of pupil with emotional disturbance. (NRS 385.080, 388.419, 388.433) 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…

NAC 388.420 Eligibility of pupil with specific learning disabilities; determination of severe discrepancy between achievement and intellectual ability. (NRS 385.080, 388.419, 388.433) 1. A pupil with specific learning disabilities is eligible for special education and related ser…

NAC 388.425 Eligibility of pupil with multiple impairments. (NRS 385.080, 388.419, 388.433) 1. A pupil with multiple impairments is eligible for special education and related services if the pupil meets the requirements for eligibility set forth in NAC 388.410 for pupils with int…

NAC 388.427 Eligibility of pupil with deaf-blindness. (NRS 385.080, 388.419, 388.433) 1. A pupil with deaf-blindness is eligible for special education and related services if the eligibility team, comprised of the persons described in subsections 4 and 5, concludes that: (a) The …

NAC 388.430 Identification of certain pupils with developmental delays; termination of services. (NRS 385.080, 388.419, 388.433) 1. Except as otherwise provided in subsection 5, a pupil under the age of 6 years may be identified with a developmental delay if the eligibility team,…

NAC 388.435 Eligibility of pupil who is gifted and talented. (NRS 385.080, 388.5259, 388.5267) 1. Except as otherwise provided in subsection 2, a pupil who is gifted and talented is eligible for special services and programs of instruction if a team, comprised of persons selected…

NAC 388.440 Periodic reevaluation of pupil; written report of eligibility team. (NRS 385.080, 388.419, 388.433) 1. A public agency shall ensure that a reevaluation of each pupil with a disability is conducted if the public agency determines that the needs of the pupil for educati…