NAC388.150. Maximum number of cases per teacher in unit; maximum size of class; exceptions.

     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 for mild to moderate disabilities, who receive instruction from a generalist and who receive special education services through a consultative method, resources method or any combination of methods of instruction is:

          (1) Twenty-two for pupils with specific learning disabilities.

          (2) Twenty-two for pupils with serious emotional disturbance.

          (3) Twenty-two for pupils with mild mental retardation.

     (b) School-age pupils who are placed in programs for moderate to severe disabilities, who receive instruction from a specialist and who receive special education services primarily in a self-contained classroom is:

          (1) Twenty for pupils with specific learning disabilities.

          (2) Fifteen for pupils with serious emotional disturbance.

          (3) Twenty for pupils with moderate mental retardation.

          (4) Twelve for pupils with severe to profound mental retardation.

     (c) All other school-age pupils who are placed in specialized programs and who receive instruction from a specialist is:

          (1) Twenty for pupils with hearing impairments.

          (2) Fifteen for pupils with multiple impairments.

          (3) Four for pupils with deaf-blindness.

          (4) Twenty for pupils with orthopedic impairments and health impairments.

          (5) Ten for pupils with orthopedic impairments and health impairments receiving special education services in a home or hospital.

          (6) Fifteen for pupils with orthopedic impairments and health impairments receiving special education services through the teleteaching method of instruction.

          (7) Fifty for pupils with speech and language impairments receiving speech and language therapy services.

          (8) Twelve for pupils with speech and language impairments receiving special education services in a self-contained classroom.

          (9) Sixteen for pupils with visual impairments.

          (10) Fifteen for pupils with traumatic brain injury.

          (11) Twelve for pupils with autism.

          (12) Sixty-five for pupils who are gifted and talented.

     (d) Pupils under the age of 6 years who are placed in early childhood nonspecialized programs and who receive special education services in a center-based classroom, integrated setting or through a consultative method of instruction is 22.

     2. Except as otherwise provided in this section, the maximum size of a class per instructional period for:

     (a) School-age pupils who are placed in programs for mild to moderate disabilities, who receive instruction from a generalist and who receive special education services through a consultative method, a resources method or any combination of methods of instruction is:

          (1) Twelve for pupils with specific learning disabilities.

          (2) Twelve for pupils with serious emotional disturbance.

          (3) Twelve for pupils with mild mental retardation.

     (b) School-age pupils who are placed in programs for moderate to severe disabilities, who receive instruction from a specialist and who receive special education services primarily in a self-contained classroom is:

          (1) Twelve for pupils with specific learning disabilities.

          (2) Six for pupils with serious emotional disturbance.

          (3) Ten for pupils with moderate mental retardation.

          (4) Six for pupils with severe to profound mental retardation.

     (c) All other school-age pupils who are placed in specialized programs and who receive instruction from a specialist is:

          (1) Six for pupils with hearing impairments.

          (2) Six for pupils with multiple impairments.

          (3) Four for pupils with deaf-blindness.

          (4) Six for pupils with orthopedic impairments and health impairments.

          (5) Fifteen for pupils with orthopedic impairments and health impairments receiving special education services through a teleteaching method of instruction.

          (6) Eight for pupils with speech and language impairments receiving special education services in a self-contained classroom.

          (7) Six for pupils with visual impairments.

          (8) Eight for pupils with traumatic brain injury.

          (9) Six for pupils with autism.

          (10) Twenty for pupils who are gifted and talented.

     (d) Pupils under the age of 6 years who are placed in early childhood nonspecialized programs and who receive special education services in a center-based classroom, integrated setting or through a consultative method of instruction is 12.

     (e) Pupils under the age of 6 years who are placed in early childhood specialized programs is 6.

     3. In the case of a heterogeneous program, the maximum number of cases per teacher and the maximum size of the class is to be determined according to the area of disability represented by the majority of the pupils in the program.

     4. The maximum number of cases per teacher in a unit may be increased by 10 percent, or at least one pupil, without the approval of the Department.

     5. If a teacher’s aide is used in a unit, the maximum size of a class in the unit for:

     (a) School-age pupils who are placed in programs for mild to moderate disabilities, who receive instruction from a generalist and who receive special education services through a consultative method, resources method or any combination of methods of instruction is:

          (1) Sixteen for pupils with specific learning disabilities.

          (2) Sixteen for pupils with serious emotional disturbance.

          (3) Sixteen for pupils with mild mental retardation.

     (b) School-age pupils who are placed in programs for moderate to severe disabilities, who receive instruction from a specialist and who receive special education services primarily in a self-contained classroom is:

          (1) Sixteen for pupils with specific learning disabilities.

          (2) Ten for pupils with serious emotional disturbance.

          (3) Fourteen for pupils with moderate mental retardation.

          (4) Eight for pupils with severe to profound mental retardation.

     (c) All other school-age pupils who are placed in specialized programs and who receive instruction from a specialist is:

          (1) Ten for pupils with hearing impairments.

          (2) Ten for pupils with multiple impairments.

          (3) Five for pupils with deaf-blindness.

          (4) Ten for pupils with orthopedic impairments and health impairments.

          (5) Nineteen for pupils with orthopedic impairments and health impairments receiving special education services in the home or at a hospital.

          (6) Twelve for pupils with speech and language impairments receiving special education services in a self-contained classroom.

          (7) Ten for pupils with visual impairments.

          (8) Ten for pupils with traumatic brain injury.

          (9) Eight for pupils with autism.

          (10) Twenty-four for pupils who are gifted and talented.

     (d) Pupils under the age of 6 years who are placed in early childhood nonspecialized programs and who receive special education services in a center-based classroom, integrated setting or through a consultative method of instruction is 14.

     (e) Pupils under the age of 6 years who are placed in early childhood specialized programs is 8.

     6. The maximum number of cases per teacher in each unit for a specific disability must not exceed the number prescribed pursuant to this section for the disability represented by the majority of pupils in the unit even if some or all of the pupils in the unit attend classes in a regular educational environment and the special education teacher only provides collaborative or consulting services regarding such pupils.

     7. Exceptions to the maximum enrollments prescribed in this section may be made with the written approval of the Department. A request for an exception must be submitted to the Department within 30 days after the limit set forth in subsection 4 is exceeded.

     [Dep’t of Education, eff. 12-15-77]—(NAC A by Bd. of Education, 2-7-83; 7-14-88; 9-13-91; 11-23-93; R027-00, 6-20-2000, eff. 7-1-2000; R199-03, 3-19-2004; R058-07, 10-31-2007)