NAC388.430. Identification of certain pupils with developmental delays.

     1. Except as otherwise provided in subsection 5, a pupil under the age of 6 years may be identified with a developmental delay if the eligibility team, comprised of the persons described in subsections 2 and 3, concludes that the pupil has a developmental delay and, by reason thereof, needs special education and related services and that the pupil demonstrates a delay of at least two standard deviations in one, or at least one standard deviation in two or more, of the following areas:

     (a) Receptive or expressive language.

     (b) Cognitive abilities.

     (c) Gross or fine motor function.

     (d) Self-help.

     (e) Social or emotional condition.

     2. In a case governed by this section, the eligibility team must consist of:

     (a) A special education teacher or specialist in the field of early childhood education;

     (b) A licensed school psychologist or a licensed or certified psychologist with documented training in the assessment of preschool pupils with disabilities;

     (c) A parent of the pupil; and

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

     3. If the requirements of subsection 2 are satisfied, the eligibility team may include one or more persons who provide related services, including speech and language therapy, physical or occupational therapy, and psychological services.

     4. The conclusions of the eligibility team concerning the identification of the pupil with a developmental delay must be based upon an evaluation of the pupil. The evaluation must include an assessment of the health, developmental functioning, and social and emotional condition of the pupil.

     5. In a case governed by this section, a pupil may no longer be identified with a developmental delay if the pupil maintains appropriate developmental functioning in all developmental areas for 6 months or more and the eligibility team concludes that special education services are no longer necessary.

     (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)