NAC388.407. Eligibility of pupil with traumatic brain injury.

     1. A pupil is eligible for special services and programs of instruction if the eligibility team, comprised of the persons described in subsection 2, concludes that the pupil has a traumatic brain injury and, by reason thereof, needs special education and related services.

     2. The eligibility team must consist of:

     (a) A school psychologist;

     (b) A teacher of special education or a person with a specialized knowledge of traumatic brain injuries;

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

     (d) A specialist of speech and language;

     (e) A school nurse or other person who is qualified to assess the health of the pupil;

     (f) A parent of the pupil; and

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

     3. In making a determination pursuant to subsection 1, the eligibility team shall consider, without limitation:

     (a) Medical documentation of the injury;

     (b) The pupil’s educational performance relative to a normative population;

     (c) The pupil’s strengths and weaknesses; and

     (d) If possible, the pupil’s educational performance before and after the pupil acquired the injury.

     4. In addition to the considerations required pursuant to subsection 3, the eligibility team shall conduct an evaluation of the pupil to determine whether the pupil is eligible for special services and programs of instruction pursuant to this section. Such an evaluation must assess the:

     (a) Health;

     (b) Developmental history;

     (c) Cognitive abilities;

     (d) Social and emotional condition;

     (e) Academic achievement;

     (f) Language and motor skills;

     (g) Sensory and perceptual abilities; and

     (h) Attention, comprehension, judgment and problem-solving 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)