NAC388.400. Eligibility of pupil with orthopedic impairment.

     1. A pupil with an orthopedic impairment is eligible for special services and programs of instruction if the eligibility team, comprised of the persons described in subsection 3, concludes that the pupil suffers from a severe orthopedic impairment which adversely affects the pupil’s educational performance and, by reason thereof, needs special education and related services.

     2. To determine whether an orthopedic impairment adversely affects the pupil’s educational performance, an analysis must be conducted of the pupil’s impairment to determine whether he or she can function in a regular classroom.

     3. The eligibility team must consist of:

     (a) A school nurse or other person qualified to interpret an assessment of the health of the pupil;

     (b) A regular classroom teacher of the pupil or, if none, a person qualified to teach the pupil;

     (c) A parent of the pupil;

     (d) One of the following:

          (1) A physical therapist;

          (2) An occupational therapist; or

          (3) Any other specialist whose presence on the team is deemed appropriate; and

     (e) One or more persons having 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.

     4. 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 an assessment of:

     (a) The health of the pupil, which must include a physical examination; and

     (b) The pupil’s functional limitations in relation to the demands of a regular classroom.

     5. If the requirements of subsection 4 are satisfied, the evaluation of the pupil may include physical therapy, occupational therapy and an assessment of the pupil’s:

     (a) Cognitive abilities;

     (b) Social and emotional condition; and

     (c) Academic achievement.

     (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)