Section 388.284 - Individualized educational program: Contents; considerations when developing1. Each committee shall include in the individualized educational program it develops for a pupil with a disability: (a) A statement of the pupil's present levels of academic achievement and functional performance, including, without limitation: (1) If the pupil is preschool age, a description of how the disability of the pupil affects the participation of the pupil in appropriate activities. (2) If the pupil is above preschool age, a description of how the disability of the pupil affects the involvement and progress of the pupil in the general education curriculum. (b) A statement of the measurable annual goals, including benchmarks or the short-term instructional objectives, academic and functional goals related to meeting the needs of the pupil that result from the disability of the pupil. Such goals must enable the pupil to be involved in and make progress in the general education curriculum and meet the other educational needs of the pupil that result from the disability of the pupil. (c) A statement of the specific special education, supplementary aids and services, and related services, based on peer-reviewed research to the extent practicable, to be provided to the pupil, or on behalf of the pupil, and a statement of the modifications to the regular educational program or support for school personnel that must be provided for the pupil to: (1) Advance appropriately toward attaining the annual goals set forth in paragraph (b); (2) Participate and progress in the general education curriculum; (3) Participate in extracurricular activities and other nonacademic activities; and (4) Participate with other pupils with disabilities and pupils who are not disabled in the activities described in this paragraph. (d) A statement of the assistive technology devices and services necessary for the pupil to be able to receive a free appropriate public education. Such services may be provided as: (3) Supplementary aids and services. On a case-by-case basis, assistive technology devices must be purchased by the public agency for use by the pupil at home or in other settings if the individualized educational program committee determines that the pupil needs access to those devices to receive a free appropriate public education.
(e)If the pupil is 14 years of age or older, a statement of transition services with regard to the pupil's courses of study, including, without limitation, participation in advanced placement courses or a vocational educational program. The committee may prepare such a statement before the pupil is 14 years of age if the committee determines that the statement is appropriate for the pupil. The statement required by this paragraph must be updated annually. (f) Beginning not later than the first individualized educational program which is in effect when the pupil is 16 years of age and in annual updates thereafter: (1) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; and (2) Transition services, including, without limitation, the courses of study needed to assist the pupil in reaching those goals. (g) The projected dates for the initiation of the modifications and services described in paragraphs (c) to (f), inclusive of this regulation, and the anticipated frequency, location and duration of such modifications and services. (h) A statement that describes the method by which the progress of the pupil toward the annual goals will be measured and when periodic reports on the progress of the pupil toward meeting the annual goals will be provided by the use of quarterly or other periodic reports, concurrent with the issuance of report cards, or other means. The parent of a pupil who is 3, 4 or 5 years of age must be given an opportunity to participate in a review of the progress of the pupil not less than once every 6 months. (i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the pupil on state and district-wide assessments. If the committee to develop an individualized educational program determines that the pupil must take an alternate assessment for a particular state or district-wide assessment of pupil achievement, the individualized educational program must include a statement of why the pupil cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the pupil. The committee shall not base its determination of whether a pupil may participate in such examinations upon the fact that the pupil has already been labeled as having a disability, or upon the placement of the pupil or other categorical factors. (j) If the pupil is entering the public agency from another public agency, provisions relating to case management and transition between the public agencies, as appropriate. (k) A statement of the other placements considered by the committee and, if the pupil will be removed from the regular educational environment, the reasons why the committee rejected a less restrictive placement. (l) An explanation of the extent, if any, to which the pupil will not participate in a regular class or in extracurricular and other nonacademic activities with pupils who are not disabled. (m) On or before the date on which the pupil attains the age of 17 years, a statement that the pupil has been informed of the rights that will devolve upon the pupil when the pupil attains the age of 18 years. The statement must be updated annually. 2. When developing a pupil's individualized educational program, the committee shall: (a) Consider the strengths of the pupil, the concerns of the parents for enhancing the education of their child, the results of the initial evaluation or most recent evaluation of the pupil, and the academic, developmental and functional needs of the pupil; (b) If the behavior of the pupil impedes the learning of the pupil or other pupils, provide positive behavioral strategies, supports and interventions, or other strategies, supports and interventions to address that behavior; (c) If the pupil has limited proficiency in English, consider the language needs of the pupil as those needs relate to the pupil's individualized educational program; (d) If the pupil is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the committee determines, after an evaluation of the pupil's reading and writing skills, needs and appropriate reading and writing media, including, without limitation, an evaluation of the pupil's future needs for instruction in Braille or the use of Braille, that instruction in Braille or the use of Braille is not appropriate for the pupil; (e) Consider the communication needs of the pupil and, in the case of a pupil who is deaf or hard-of-hearing, consider, in accordance with the provisions of NRS 388.437, the pupil's language and communication needs, opportunities for direct communications with other pupils and professional personnel in the pupil's language and communication mode, academic level and full range of needs, including, without limitation, opportunities for direct instruction in the pupil's language and communication mode; (f) Consider whether the pupil requires assistive technology devices and services ; and (g) Consider the instructional needs of the pupil, in accordance with the provisions of NRS 388.443, if the pupil has a specific learning disability and dyslexia. 3. When developing a pupil's individualized educational program, the public agency: (a) May include goals and objectives of the general education curriculum in the individualized educational program of the pupil if the disability of the pupil affects participation, involvement and progress in the general education curriculum and if the individualized educational committee determines that the inclusion of such goals and objectives is appropriate for that pupil; and (b) Shall include in the individualized educational program of a pupil who requires positive behavioral strategies, supports and interventions: (1) Positive strategies to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior; (2) Services to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior; (3) Services to enhance the independence and quality of life of pupils with disabilities; (4) The use of the least restrictive strategies, supports and interventions to respond to and reinforce the behavior of pupils with disabilities; and (5) A process of designing interventions based on the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil without the use of aversive or negative means. The positive behavioral strategies, supports and interventions or other strategies, supports and interventions may be addressed in the statement of special education, supplementary aids and services, or related services, if the pupil's individualized educational program committee determines appropriate.
4. If both an individualized educational program and another individualized plan or program of services are required to be prepared for a pupil, the latter plan or program may be incorporated in the individualized educational program. 5. The public agency shall not limit the availability of extended school year programs to pupils with a particular category of disability or unilaterally limit the type, amount or duration of those programs. As used in this subsection, "extended school year programs" means special education and related services that: (a) Are provided to a pupil with a disability outside the normal school year of the public agency; (b) Are in accordance with the pupil's individualized educational program; (c) Are provided at no cost to the parents of the pupil; and (d) Comply with the requirements of this chapter.Nev. Admin. Code § 388.284
Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 11-23-93; R039-98, 5-29-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019