NAC388.402. Eligibility of pupil with health impairment other than orthopedic impairment.

     1. A pupil 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 has a health impairment other than an orthopedic impairment which could reasonably be interpreted as adversely affecting the educational performance of a pupil and, by reason thereof, needs special education and related services.

     2. As used in subsection 1, “adversely affecting the educational performance of a pupil” includes, without limitation, difficulty concentrating, chronic fatigue and impulsiveness which interfere with a pupil’s ability to be educated.

     3. The eligibility team must consist of:

     (a) A school psychologist;

     (b) A teacher of special education;

     (c) The regular teacher of the pupil or, if none, a person qualified to teach the pupil;

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

     (e) A parent of the pupil; and

     (f) One or more persons with sufficient knowledge of the pupil to interpret information relating to the pupil’s social, emotional, developmental and familial condition. Such persons may include an administrator of the school, a nurse, a counselor, a school psychologist or any other certificated or licensed professional.

     4. The eligibility team shall conduct an evaluation of the pupil to determine eligibility for special services and programs of instruction pursuant to this section. Such an evaluation must:

     (a) Assess the health of the pupil; and

     (b) Analyze the ability of the pupil to perform in a regular classroom.

     5. The evaluation conducted pursuant to subsection 4 may also include an assessment of the:

     (a) Developmental history;

     (b) Cognitive abilities;

     (c) Social and emotional condition;

     (d) Academic achievement; and

     (e) Language and motor skills,

Ê of the pupil.

     (Added to NAC by Bd. of Education, eff. 11-23-93; A by R039-98, 5-29-98; R085-99, 2-16-2000; R064-08, 9-18-2008)