1. When developing an individualized education program for a pupil with a hearing impairment in accordance with NRS 388.419, the pupil’s 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 pupil’s 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 pupil’s primary communication mode;

(e) The availability of special education teachers, interpreters and other special education personnel who are proficient in the pupil’s 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 pupil’s 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 pupil’s 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 pupil’s 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 pupil’s 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 pupil’s individualized education program team may consider, without limitation:

(a) Changes in the pupil’s 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.

(Added to NRS by 2013, 742; A 2019, 3939, effective July 1, 2020) — (Substituted in revision for NRS 388.477)