Nevada Code § 388.437

Pupils with hearing or visual impairment: Requirements for consideration in development of individualized education program for pupils with hearing impairment; use of criteria to evaluate language and literacy skills of certain pupils with hearing or visual impairment; additional considerations for best feasible instruction
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1. When developing an individualized
education program for a pupil with a hearing impairment in accordance with NRS 388.419 , the pupils individualized
education program team shall consider, without limitation:
(a) The related services and program options that
provide the pupil with an appropriate and equal opportunity for communication
access;
(b) The pupils primary communication mode;
(c) The availability to the pupil of a sufficient
number of age, cognitive, academic and language peers of similar abilities;
(d) The availability to the pupil of adult models
who are deaf or hearing impaired and who use the pupils primary communication
mode;
(e) The availability of special education
teachers, interpreters and other special education personnel who are proficient
in the pupils primary communication mode;
(f) The provision of academic instruction, school
services and direct access to all components of the educational process,
including, without limitation, advanced placement courses, career and technical
education courses, recess, lunch, extracurricular activities and athletic
activities;
(g) The preferences of the parent or guardian of
the pupil concerning the best feasible services, placement and content of the
pupils individualized education program; and
(h) The appropriate assistive technology
necessary to provide the pupil with an appropriate and equal opportunity for
communication access.
2. When developing an individualized
education program for a pupil with a hearing or visual impairment who is less
than 6 years of age, including, without limitation, such a pupil with both
hearing and visual impairments, in accordance with NRS 388.419 , the pupils individualized
education program team shall use the criteria prescribed pursuant to NRS 388.519 , in addition to any methods of
assessment required by federal law, to evaluate the pupils development of language
and literacy skills and to determine whether to modify the individualized
education program. If the team determines that the pupil is not making adequate
progress in the development of language and literacy skills, the team must
include in the plan:
(a) A detailed explanation of the reasons that
the pupil is not making adequate progress; and
(b) Recommendations for services and programs to
assist the pupils development of language and literacy skills.
3. When determining the best feasible
instruction to be provided to the pupil in his or her primary communication
mode, the pupils individualized education program team may consider, without
limitation:
(a) Changes in the pupils hearing or vision;
(b) Development in or availability of assistive
technology;
(c) The physical design and acoustics of the
learning environment; and
(d) The subject matter of the instruction to be
provided.

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