Section 388.340 - Determination of eligibility of pupil and appropriate individualized educational program1. 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: (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: (c) Vocabulary development; (d) Reading fluency, including, without limitation, oral reading skills; and (e) Reading comprehension strategies.Nev. Admin. Code § 388.340
Added to NAC by Bd. of Education, eff. 7-14-88; A 11-23-93; R039-98, 5-29-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019NRS 385.080, 388.419 and 388.433