NAC388.415. Eligibility of pupil with serious emotional disturbance.

     1. A pupil with a serious emotional disturbance is eligible for special services and programs of instruction if the eligibility team, comprised of the persons described in subsection 4, concludes that:

     (a) The pupil has a serious emotional disturbance and, by reason thereof, needs special education and related services;

     (b) The pupil exhibits one or more of the characteristics described in subsection 2;

     (c) These characteristics have been evident for at least 3 months;

     (d) The characteristics adversely affect the ability of the pupil to perform developmental tasks appropriate to the pupil’s age:

          (1) Within the educational environment, despite the provision of intervention strategies; or

          (2) In the case of a pupil under school age, in the home, child care or preschool setting; and

     (e) Special education support is required to alleviate these adverse effects.

     2. The requirement of paragraph (b) of subsection 1 is satisfied by the consistent manifestation of any of the following characteristics:

     (a) An inability of the pupil to build or maintain satisfactory interpersonal relationships within the school environment, including:

          (1) Withdrawal and isolation of the pupil from others.

          (2) Efforts by the pupil to obtain negative attention from others through punishment, ostracism or excessive approval.

     (b) Inappropriate behavior or feelings under normal circumstances, including atypical behavior such as outbursts of anger, crying or head banging, without apparent cause or reason.

     (c) A pervasive mood of unhappiness or depression.

     (d) Fears or a tendency to develop physical symptoms associated with personal or school problems.

     3. A pupil is not eligible for the special services and programs of instruction referred to in subsection 1 solely because:

     (a) The pupil exhibits the characteristics described in subsection 2 because of sensory, intellectual or health factors; or

     (b) The pupil is socially maladjusted or has a conduct problem.

Ê A pupil who is socially maladjusted or has a conduct problem may not be determined to be eligible for special services and programs of instruction unless the eligibility team concludes, based upon an evaluation of the pupil, that the pupil meets the criteria of eligibility set forth in NAC 388.330 to 388.440, inclusive.

     4. The eligibility team must consist of:

     (a) A school psychologist;

     (b) A regular classroom teacher;

     (c) A special education teacher or specialist in the field of serious emotional disturbances;

     (d) A parent of the pupil; and

     (e) One or more persons qualified, because of personal knowledge of the pupil, to interpret information relating to the health, development, family, and social and emotional condition of the pupil. This person may be, without limitation, an administrator, nurse, school counselor, school psychologist or any other certificated or licensed professional.

     5. 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 social and emotional condition of the pupil, based in part upon information from the pupil;

     (b) The health and cognitive abilities of the pupil;

     (c) The performance of the pupil in the pupil’s current educational setting; and

     (d) Any intervention on behalf of the pupil.

     6. As used in this section, “socially maladjusted” and “conduct problem” mean behavior characterized by knowledge of social expectations and intentional disregard of those expectations.

     (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; R058-07, 10-31-2007; R064-08, 9-18-2008)