Nevada Administrative Code

NAC 388.042 “General education curriculum” defined. (NRS 385.080) “General education curriculum” means the goals and objectives defined by the public agency and the corresponding materials, equipment and instructional strategies to accomplish the educational functions of the publ…

NAC 388.043 “Gifted and talented” defined. (NRS 385.080) “Gifted and talented” means a person who possesses or demonstrates outstanding ability in one or more of the following: 1. General intelligence; 2. Academic aptitude in a specific area; 3. Creative thinking; 4. Productive t…

NAC 388.045 “Health” defined. (NRS 385.080) “Health” means the general physical condition of a person. (Added to NAC by Bd. of Education, eff. 7-14-88)

NAC 388.046 “Health impairment” defined. (NRS 385.080) “Health impairment” means an impairment that limits the strength, vitality or alertness of the pupil, including, without limitation, a heightened alertness to environmental stimuli which results in limited alertness with resp…

NAC 388.047 “Hearing impairment” defined. (NRS 385.080) “Hearing impairment” means an impairment of the hearing mechanism which affects sound integration, prevents or delays the normal development of speech and language and adversely affects the educational performance of a pupil…

NAC 388.049 “Homeless youth” defined. (NRS 385.080) “Homeless youth” has the meaning ascribed to it in 42 U.S.C. § 11434a(2). (Added to NAC by Bd. of Education by R071-05, eff. 2-23-2006)

NAC 388.0495 “Intellectual disability” defined. (NRS 385.080) “Intellectual disability” means a condition that: 1. Is characterized by intellectual functioning at a level that is significantly below average, and which exists concurrently with related limitations in two or more of…

NAC 388.052 “Intervention” defined. (NRS 385.080) “Intervention” means a strategy, developed on the basis of individual need, designed to have a remediate effect upon any academic or behavioral difficulties of a pupil. The term does not include disciplinary procedures applied to …

NAC 388.054 “Local educational agency” defined. (NRS 385.080, 388.419) “Local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(30)(A). (Added to NAC by Bd. of Education by R017-18, eff. 1-30-2019)

NAC 388.055 “Mental retardation” defined. (NRS 385.080) [Replaced in revision by NAC 388.0495.]

NAC 388.065 “Multiple impairments” defined. (NRS 385.080) “Multiple impairments” means the occurrence of an intellectual disability with another disability, the combination of which causes severe educational needs for the pupil. (Added to NAC by Bd. of Education, eff. 7-14-88; A …

NAC 388.067 “Orthopedic impairment” defined. (NRS 385.080) “Orthopedic impairment” means a severe impairment which adversely affects the educational performance of a pupil and which results from: 1. A congenital anomaly, including, without limitation, clubfoot and absence of a me…

NAC 388.071 “Parent” defined. (NRS 385.080) “Parent” means: 1. A biological or adoptive parent; 2. A guardian generally authorized to act as a parent of the pupil or authorized to make educational decisions for the pupil, but not the State if the pupil is a ward of the State; 3. …

NAC 388.073 “Participating agency” defined. (NRS 385.080) “Participating agency” means any institution or entity, other than a public agency, that is likely to be responsible for providing transition services to a pupil or to pay for such services. (Added to NAC by Bd. of Educati…

NAC 388.074 “Peer-reviewed research” defined. (NRS 385.080) “Peer-reviewed research” means research relating to education that is reviewed by qualified and independent persons to ensure that the quality of the information meets the standards of the field of education before the r…

NAC 388.075 “Performance in the current educational setting” defined. (NRS 385.080) “Performance in the current educational setting” means the behavioral and academic functioning of a pupil in the environment in which the majority of the pupil’s education occurs. (Added to NAC by…

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 …