Nevada Administrative Code

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…

NAC 388.450 Independent educational evaluation of pupil. (NRS 385.080, 388.419, 388.433) 1. A parent may request that a public agency pay for an independent educational evaluation of a pupil if the parent disagrees with the results of an evaluation obtained by the public agency. …

NAC 388.460 Definitions. (NRS 385.080, 388.419) As used in this chapter, unless the context otherwise requires: 1. “Person with a disability” means a person who has: (a) A hearing impairment; (b) A visual impairment; (c) An orthopedic impairment; (d) A health impairment; (e) A sp…

NAC 388.462 Psychological and educational evaluation of persons with disabilities. (NRS 385.080) 1. A county school district shall conduct a comprehensive psychological and educational evaluation of each person with a disability whom it considers for placement outside the distric…

NAC 388.464 Individualized educational programs: Preparation; purpose; review or revision. (NRS 385.080) 1. The county school district shall prepare an individualized educational program for each person with a disability whom it considers for placement outside the district. 2. Th…

NAC 388.466 Determination by administrative staff; application to board of trustees. (NRS 385.080) The administrative staff of a county school district shall determine whether an appropriate educational program is available within the district. If it is determined that there is n…

NAC 388.468 Submission of documents by board of trustees to Superintendent of Public Instruction. (NRS 385.080) The board of trustees of the county school district shall send the following documents to the Superintendent of Public Instruction: 1. The individualized educational pr…

NAC 388.470 Receipt of application; Superintendent of Public Instruction authorized to request further evaluation. (NRS 385.080) After receiving the application and supporting documents, the Superintendent of Public Instruction may request that a further evaluation of the person …

NAC 388.472 Confidentiality of records by Department of Education. (NRS 385.080) The Department of Education will keep confidential all records of transactions pertaining to the person with a disability. All information which can be identified as related to the person with a disa…

NAC 388.474 Rejection of application. (NRS 385.080) If the Superintendent of Public Instruction does not approve an application, he or she shall return it to the board of trustees of the county school district for reevaluation. [Bd. of Education, Handicapped Persons § 11, eff. 2-…

NAC 388.476 Approval of application; selection of educational program. (NRS 385.080) Upon approval of an application by the Superintendent of Public Instruction, the Department of Education will select an educational program based on the following criteria: 1. The person must be …

NAC 388.478 Procedure when appropriate educational program not readily available. (NRS 385.080) If an appropriate educational program is not readily available for the person with a disability, the Superintendent of Public Instruction shall so notify the person, his or her parents…

NAC 388.480 Transportation expenses. (NRS 385.080) The Department of Education will provide, by reimbursement, for the expenses of transportation: 1. Of the person with a disability and his or her parents, parent or guardian for the initial trip to a residential school and their …

NAC 388.482 Annual assessment and report of progress; visit by staff member; license of residence or school required. (NRS 385.080) 1. Each county school district shall, at least annually, determine the progress of each person with a disability from the school district who has re…

NAC 388.484 Proposal of school district to return person with disability to school district; federal money for proposal; restriction on use of money in subsequent years. (NRS 385.080) 1. Each school district shall submit a proposal to the Department of Education describing specia…

NAC 388.486 Change of address, telephone number or marital status. (NRS 385.080) Each such parent or guardian shall immediately notify the county school district and the Department of Education of any change in his or her address, telephone number or marital status. [Bd. of Educa…

NAC 388.488 Continuation of benefits: Annual certification and notification by superintendent of school district; determination by Superintendent of Public Instruction; notice of ineligibility. (NRS 385.080) 1. The superintendent of each school district shall annually certify, an…

NAC 388.500 “Alternative program” defined. (NRS 385.080, 388.537) As used in NAC 388.510 and 388.520, unless the context otherwise requires, “alternative program” means a program operated by a school district in accordance with NRS 388.537 for the education of pupils at risk of d…

NAC 388.510 General requirements; effective period. (NRS 385.080, 388.537) 1. A plan for an alternative program submitted for approval pursuant to NRS 388.537 must be on a form approved by the Department of Education and must address the considerations set forth in NRS 388.537. 2…

NAC 388.520 Plan to provide for independent study. (NRS 385.080, 388.537) 1. An alternative program may include a plan to provide for independent study pursuant to NAC 389.710 to 389.750, inclusive. 2. A plan to provide for independent study must include: (a) A description of the…

NAC 388.525 “A policy for the instruction to teach English to pupils who are English learners” defined. (NRS 385.080, 388.405) As used in NAC 388.525 to 388.555, inclusive, “a policy for the instruction to teach English to pupils who are English learners” means the policy develop…

NAC 388.530 Required actions of board of trustees in developing policy. (NRS 385.080, 388.405) 1. The board of trustees of each school district shall evaluate relevant research and consult with teachers, administrators, parents, legal guardians and pupils when developing a policy…

NAC 388.535 Contents and requirements of policy. (NRS 385.080, 388.405) A policy for the instruction to teach English to pupils who are English learners must, without limitation: 1. Include a mission statement that: (a) Is consistent with state and federal statutes, regulations, …

NAC 388.540 Identification, assessment and reassessment of pupils. (NRS 385.080, 388.405) A policy for the instruction to teach English to pupils who are English learners must, without limitation: 1. Provide for the initial identification of pupils who are English learners using …

NAC 388.545 Requirements of provisions relating to human resources decisions and professional development. (NRS 385.080, 388.405) A policy for the instruction to teach English to pupils who are English learners must, without limitation: 1. Ensure that human resources decisions, i…

NAC 388.550 Curriculum; models of instruction and methods of delivering instruction. (NRS 385.080, 388.405) A policy for the instruction to teach English to pupils who are English learners must, without limitation: 1. Provide for the selection of content and English language deve…

NAC 388.555 Parents and legal guardians: Opportunities for participation; provision of notice and certain information. (NRS 385.080, 388.405) A policy for the instruction to teach English to pupils who are English learners must, without limitation: 1. Provide opportunities for th…

NAC 388.600 Definitions. (NRS 385.080, 388.405) As used in NAC 388.600 to 388.655, inclusive, unless the context otherwise requires, the words and terms defined in NAC 388.605, 388.610 and 388.615 have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Educa…

NAC 388.605 “Bilingual program of instruction” defined. (NRS 385.080, 388.405) “Bilingual program of instruction” means a program of instruction for English learners in which pupils are taught the English language and the content of other courses of study is taught using the pupi…

NAC 388.610 “English learner” defined. (NRS 385.080, 388.405) “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20). (Added to NAC by Bd. of Education by R063-97, eff. 12-10-97; A by R106-15, 2-27-2018)

NAC 388.615 “Program of instruction that teaches English language acquisition” defined. (NRS 385.080, 388.405) “Program of instruction that teaches English language acquisition” means a program of instruction for an English learner which: 1. Provides instruction in the English la…

NAC 388.630 Assessment of pupil’s proficiency in his or her primary language. (NRS 385.080, 388.405) 1. Except as otherwise provided in this subsection, each school district shall administer to a pupil who is identified as an English learner pursuant to the policy developed pursu…

NAC 388.635 Assessment and identification of proficiency in English and primary language of pupils with disabilities. (NRS 385.080, 388.405) 1. A school district shall assess and identify a pupil whose primary language is not English and whose eligibility for special services and…

NAC 388.640 Programs of instruction: Availability; notice of eligibility; consent for participation; standards. (NRS 385.080, 388.405) 1. A school district shall make available to each pupil identified as an English learner in accordance with the policy developed pursuant to NAC …

NAC 388.645 Periodic reassessment of pupils; limitations on reidentification. (NRS 385.080, 388.405) 1. A school district may, at any time, but shall, at least once each school year, reassess a pupil who is identified as an English learner pursuant to the policy developed pursuan…