Section 388.405 - Eligibility of pupil with speech and language impairment1. 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 5, concludes that: (a) The pupil has a speech and language impairment and, by reason thereof, needs special education and related services; (b) The pupil has demonstrated the ability to profit from speech and language therapy; and (c) The pupil requires a program of instruction, because of the nature or severity of the pupil's impairment, which is not feasible in the current educational setting of the pupil because: (1) Intensive remedial techniques or strategies, which can only be implemented in a clinical or therapeutic setting, are required to improve the communication skills of the pupil; (2) The nature of the pupil's impairment requires that the pupil receive the services of a teacher of the speech and language impaired; or (3) The pupil's impairment is of such severity or multiplicity that individual or small group management, available only in a speech and language program, is required. 2. For the purposes of this section, an impairment exists if the pupil suffers from a deficit or disorder with respect to: (a) Phonology or articulation, as indicated by the presence of three or more of the following conditions: (1) The pupil has the physiological potential to make the neuromuscular adjustments necessary for oral expression; (2) The communicative ability of the pupil is interfered with by the pupil's lack of intelligibility; (3) The pupil cannot adequately discriminate, imitate or sequence sound patterns; (4) The ability of the pupil to articulate is significantly less than that which is expected in view of the cognitive abilities and level of development of the pupil; or (5) The deficit or disorder has an adverse social, emotional or academic effect upon the pupil; (b) The use and comprehension of language, as indicated by the presence of two or more of the following conditions: (1) The ability of the pupil to comprehend language is significantly less than that which is expected in view of the cognitive abilities and level of development of the pupil; (2) The use of expressive language by the pupil is significantly less than that which is expected in view of the cognitive abilities and level of development of the pupil; (3) Pragmatic use of language by the pupil is inappropriate; or (4) The deficit or disorder has an adverse social, emotional or academic effect upon the pupil; (c) Fluency of speech, as indicated by the presence of two or more of the following conditions: (1) The speech of the pupil is observed to be dysfluent; (2) The severity of the deficit or disorder is such that it interferes with communication by the pupil; or (3) The deficit or disorder has an adverse social, emotional or academic effect upon the pupil; or (d) The quality, pitch or intensity of the pupil's voice, as indicated by the presence of two or more of the following conditions: (1) Voice therapy is recommended by: (II) Another person certified as a specialist in the identification and treatment of oral, nasal or laryngeal anomalies; (2) The severity of the deficit or disorder is such that it interferes with communication by the pupil; or (3) The deficit or disorder has an adverse social, emotional or academic effect upon the pupil. 3. A pupil with limited proficiency in English is eligible for the special education and related services referred to in this section, on the same basis as other pupils, if the pupil's impairment: (a) Manifests itself in the pupil's native language and in English; and (b) Is not attributable to the phonological system of the pupil's native language, or to dialectical differences of articulation and language form between that language and English. 4. A pupil under the age of 6 years is not ineligible, because of the age of the pupil, for the special education and related services referred to in this section. 5. The eligibility team must consist of: (a) A speech and language specialist; (b) A regular classroom teacher of the pupil or, if none, a person qualified to teach the pupil; (c) If the pupil has another disability in addition to the pupil's speech and language impairment, a special education teacher; (d) A parent of the pupil; and (e) If not otherwise a member of the team, a person having personal knowledge of the pupil. This person may be, without limitation, a school administrator, school nurse, school counselor, school psychologist or any other certificated or licensed professional. 6. The conclusions of the eligibility team concerning the eligibility of the pupil for the special education and related services referred to in this section must be based upon an evaluation of the pupil. The evaluation must include an assessment of: (a) The performance of the pupil relating to language, articulation, fluency or voice, as relevant to the pupil's impairment; (b) The health of the pupil; and (c) If relevant to the pupil's eligibility for the special education and related services referred to in this section, the cognitive abilities, academic achievement, and social and emotional condition of the pupil.Nev. Admin. Code § 388.405
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; R064-08, 9-18-2008; A by R017-18A, eff. 1/30/2019NRS 385.080, 388.419 and 388.433