NAC388.325. Provision of targeted scientific, research-based intervention for pupil with academic or behavioral difficulty; notice to parents concerning right to request evaluation.

     1. If a pupil is experiencing an academic or behavioral difficulty but is not suspected of having a disability by the public agency, the public agency may attempt to remediate such a difficulty through targeted scientific, research-based intervention.

     2. If the public agency determines that a pupil should be provided targeted scientific, research-based intervention, the public agency shall develop an intervention plan for the pupil which must include, without limitation:

     (a) An identification of the academic or behavioral concerns which describes the degree of discrepancy between the demands of the educational setting and the performance of the pupil;

     (b) The targeted scientific, research-based intervention to be provided which must be:

          (1) Based upon an examination of the characteristics of the pupil as a learner, the instruction being provided and the curricular tasks to be accomplished by the pupil; and

          (2) Targeted to improve the level of performance and increase the rate of learning of the pupil;

     (c) A description of the progress-monitoring data which will be collected over time to measure the level of performance and rate of learning of the pupil; and

     (d) A description of the frequency at which the data will be collected, the strategies which will be used to summarize and evaluate the data, the criteria for evaluating the effectiveness of the intervention and the schedule for evaluating the effectiveness of the intervention.

Ê A copy of the intervention plan must be provided to the parents of the pupil.

     3. The public agency shall notify the parents of the pupil concerning the right of the parent to request an evaluation to determine whether the pupil is eligible for special education and related services.

     4. Based in part on the results of the targeted scientific, research-based intervention, the public agency shall determine whether the pupil is suspected of having a disability and should be evaluated in accordance with NAC 388.330 to 388.440, inclusive.

     5. During the period in which targeted scientific, research-based intervention is being provided, a parent of the pupil may ask for an initial evaluation of the pupil if the parent suspects that the pupil has a disability and may qualify for special services and programs of instruction pursuant to NAC 388.330 to 388.440, inclusive. If the public agency suspects the pupil has a disability, the public agency shall not refuse to conduct the initial evaluation or delay the initial evaluation until the targeted scientific, research-based intervention is completed. If the public agency disagrees with the parent and does not suspect the pupil has a disability, it may refuse to conduct an evaluation. The public agency shall provide to the parent written notice of this refusal in accordance with NAC 388.300, and the parent may request mediation pursuant to NAC 388.305 or a hearing pursuant to NAC 388.306 to resolve the dispute.

     6. If the public agency determines that the academic difficulty or behavior of the pupil is resistant to the targeted scientific, research-based intervention, or if the public agency determines that the targeted scientific, research-based intervention requires continued and substantial effort and may require the provision of special education and related services to be effective, the public agency shall conduct an initial evaluation of the pupil to determine whether the pupil is eligible for special education. Informed parental consent in accordance with subsection 1 of NAC 388.300 must be obtained before the public agency may conduct such an evaluation.

     (Added to NAC by Bd. of Education by R085-99, eff. 2-16-2000; A by R058-07, 10-31-2007)