IDEA Disability Categories in Nevada
What disability categories qualify for an IEP in Nevada?
Nevada recognizes the federal IDEA disability categories using largely federal terminology, as defined in NAC 388. The categories are: (1) Autism (NAC 388.395); (2) Deaf-Blindness; (3) Deafness; (4) Emotional Disturbance — Nevada uses the federal term, defined at NAC 388.415 as requiring a severe emotional disorder exhibited for at least 3 months; (5) Hearing Impairment; (6) Intellectual Disability; (7) Multiple Disabilities; (8) Orthopedic Impairment; (9) Other Health Impairment; (10) Specific Learning Disability (NAC 388.117, 388.420); (11) Speech or Language Impairment; (12) Traumatic Brain Injury; and (13) Visual Impairment Including Blindness. Nevada also recognizes Developmental Delay as a category for children ages 3-9 (NAC 388.430). Each category has specific eligibility criteria in NAC 388.330-388.440. Nevada uses the federal term 'Emotional Disturbance' (not a state-specific renaming) and the federal term 'Intellectual Disability.' Nevada also includes a Dyslexia instructional provision — the IEP must address dyslexia-specific instructional needs when a student is identified with a reading disability (NAC 388.284).
What Nevada Requires
Nevada uses the federal IDEA disability category terminology; there are no state-specific renamed categories (NAC 388.330-388.440).
'Emotional Disturbance' in Nevada requires documentation of a severe emotional disorder exhibited for at least 3 months; social maladjustment alone does not qualify unless it co-occurs with emotional disturbance (NAC 388.415).
For Specific Learning Disability, Nevada permits eligibility through either a discrepancy model (using a statistically valid formula prescribed by NDE), an RTI/response to intervention approach, or a pattern of strengths and weaknesses model (NAC 388.420).
Developmental Delay is an available eligibility category for children ages 3 through 9, subject to NDE-defined criteria (NAC 388.430).
When a student is identified with a reading disability involving dyslexia characteristics, the IEP must address dyslexia-specific instructional needs (NAC 388.284).
A student cannot be found eligible if the determinant factor is lack of appropriate instruction in reading or math, or limited English proficiency (34 CFR 300.306(b)).
Key Timelines
Emotional Disturbance eligibility requires documentation of a severe emotional disorder exhibited for at least 3 months (NAC 388.415).
Developmental Delay is available only for children ages 3-9; districts must use an age-appropriate disability category once a child reaches age 10 (NAC 388.430).
Reevaluation of eligibility must occur at least every three years or sooner if conditions warrant (NAC 388.337; 34 CFR 300.303).