IEP Eligibility in Nevada: Who Qualifies?
What qualifies a child for an IEP in Nevada?
Nevada's special education eligibility determination is governed by NAC 388.330-388.440. A student becomes eligible when: (1) the student meets the criteria for one of Nevada's recognized disability categories; (2) the disability adversely affects educational performance; and (3) the student needs special education and related services as a result. Nevada cannot find a student eligible if the determinant factor is lack of appropriate instruction in reading or mathematics, or limited English proficiency (34 CFR 300.306(b)). Nevada recognizes both the discrepancy model and RTI/response to intervention as pathways for specific learning disability eligibility under NAC 388.420. The evaluation must use a variety of assessment tools and strategies; no single procedure may serve as the sole criterion. Emotional Disturbance eligibility requires documentation of a severe emotional disorder lasting at least 3 months (NAC 388.415). Nevada's eligibility evaluation report must be completed within 45 school days of receiving parental consent (NAC 388.337), and the IEP must be developed within 30 days of the eligibility determination (NAC 388.281(13)(a)).
What Nevada Requires
Eligibility requires: (1) a qualifying Nevada disability category, (2) adverse effect on educational performance, and (3) need for special education and related services (NAC 388.330-388.440; 34 CFR 300.306).
A student cannot be found eligible if the determinant factor is lack of instruction in reading or math, or limited English proficiency (34 CFR 300.306(b)).
SLD eligibility may be determined through the discrepancy model (using NDE's statistically valid formula), RTI/response to intervention, or pattern of strengths and weaknesses (NAC 388.420).
Emotional Disturbance eligibility requires documentation of a severe emotional disorder exhibited for at least 3 months; social maladjustment alone does not qualify (NAC 388.415).
Developmental Delay is an available category for children ages 3-9; a more specific disability category must be used once the child reaches age 10 (NAC 388.430).
The evaluation must use a variety of assessment tools; no single procedure may be the sole criterion for eligibility (NAC 388.337; 34 CFR 300.304(b)).
Key Timelines
Initial evaluation must be completed within 45 school days of receiving written parental consent (NAC 388.337).
Emotional Disturbance eligibility requires documentation of the disorder for at least 3 months (NAC 388.415).
IEP must be developed within 30 days of the eligibility determination (NAC 388.281(13)(a)).
Reevaluation of eligibility must occur at least every three years or sooner if conditions warrant (NAC 388.337; 34 CFR 300.303).