NAC388.395. Eligibility of pupil with visual impairment.

     1. A pupil with a severe visual impairment is eligible for special services and programs of instruction if the eligibility team, comprised of the persons described in subsections 5 and 6, concludes that:

     (a) The pupil has a severe visual impairment and, by reason thereof, needs special education and related services;

     (b) The visual acuity of the pupil does not exceed 20/200 in the better eye;

     (c) The vision of the pupil in the better eye is restricted to a field which subtends an arc of not more than 20 degrees; or

     (d) The pupil suffers from a progressive deterioration of the pupil’s vision, the probable result of which will be one or both of the conditions described in paragraphs (b) and (c).

     2. A pupil with a moderate visual impairment is eligible for special services and programs of instruction if the eligibility team concludes that the pupil can use vision as the main channel of learning, that the pupil has a moderate visual impairment and, by reason thereof, needs special education and related services and that:

     (a) The visual acuity of the pupil is 20/70 or less in the better eye with the best possible correction; or

     (b) The pupil suffers from a progressive deterioration of the pupil’s vision, the probable result of which will be the condition described in paragraph (a).

     3. A pupil with a visual impairment who has deaf-blindness is eligible for special services and programs of instruction if the eligibility team concludes that the pupil meets the criteria set forth in subsection 1 or 2, whichever applies, and the criteria set forth in NAC 388.390.

     4. A pupil under the age of 6 years is not ineligible, because of the pupil’s age, for the special services and programs of instruction referred to in this section.

     5. The eligibility team may include a teacher or specialist in the field of vision impairment and must consist of a parent of the pupil and not fewer than three persons with expertise in one or more of the following areas:

     (a) Vision.

     (b) Vision impairment.

     (c) The interpretation of an assessment of health or academic achievement.

     6. If the requirements of subsection 5 are satisfied, one or more of the following persons may serve on the eligibility team:

     (a) A regular classroom teacher.

     (b) One or more persons qualified to interpret an assessment of the social or emotional condition of the pupil, or of the cognitive abilities of the pupil, because of the person’s personal knowledge of the pupil. Such persons may include, without limitation, an administrator, nurse, school counselor, school psychologist or any other certificated or licensed professional.

     7. The conclusions of the eligibility team concerning the eligibility of the pupil for the special services and programs of instruction referred to in this section must be based upon an evaluation of the pupil. The evaluation must include:

     (a) A comprehensive examination of vision, performed by an eye specialist; and

     (b) An assessment of the health and academic achievement of the pupil.

     8. If the requirements of subsection 7 are satisfied, the evaluation of the pupil may include an assessment of the pupil’s cognitive abilities and social and emotional condition.

     (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)