Nevada Department of EducationNevada Department of Education

Policies and Procedures

Policies and Procedure Icon

Nevada’s policies and procedures are principally established through the Nevada Administrative Code (NAC), and effective implementation of the requirements of the NAC support implementation of the Individuals with Disabilities Education Act (IDEA).

Nevada Revised Statutes

Chapter 388 - System of Public Instruction, Pupils with Disabilities

  • General Provisions: NRS 388.417 - 422
  • Educational Services: NRS 388.429 - 453
  • Rights of Pupils with Disabilities: NRS 388.457 - 459
  • Hearings Conducted Pursuant to the Individuals with Disabilities Education Act: NRS 388.463 - 469
  • Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on Pupils with Disabilities: NRS 388.471 - 515
  • Development of Language and Literacy Skills by Pupils with Hearing or Visual Impairment: NRS 388.5155 - 5195
  • Program for Persons with Disabilities with Unique Needs: NRS 388.5223 - 5243

Nevada Administrative Codes

Chapter 388- System of Public Instruction, Special Instructional Services and Programs

  • General Provisions: NAC 388.001 - 145
  • Administration of Programs for Pupils with Disabilities and Gifted and Talented Pupils: NAC 388.150 - 323
  • Determination of Eligibility for Placement of Pupils with Disabilities and Gifted and Talented Pupils: NAC 388.325 - 450
  • Program for Persons with Disabilities with Unique Needs: NAC 388.460 - 488

Federal Law and Regulations

The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 7.5 million (as of school year 2020-21) eligible infants, toddlers, children, and youth with disabilities.

Infants and toddlers, birth through age 2, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B.

Additionally, the IDEA authorizes:

  • Formula grants to states to support special education and related services and early intervention services.
  • Discretionary grants to state educational agencies, institutions of higher education, and other nonprofit organizations to support research, demonstrations, technical assistance and dissemination, technology development, personnel preparation and development, and parent-training and -information centers. Congress reauthorized the IDEA in 2004 and most recently amended the IDEA through Public Law 114-95, the Every Student Succeeds Act, in December 2015.

In the law, Congress states:

Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.

Procedural Safeguards

The federal regulations for Individuals with Disabilities Education Act 2004 include a section (Subpart E) called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes.

Child Find/Referral Processes

Individualized Educational Program

If a determination is made that a child has a disability and needs special education and related services, an "individualized educational program" or "IEP" must be developed for the child in accordance with IDEA, NRS and NAC.