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Board adopts package of special‑education and assessment regulations; clarifies accreditation and gifted‑program rules

November 12, 2025 | Department of Education, Executive Agencies, Organizations, Executive, Nevada


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Board adopts package of special‑education and assessment regulations; clarifies accreditation and gifted‑program rules
The Nevada State Board of Education adopted multiple regulatory changes during the Nov. 12 meeting, encompassing special‑education eligibility and assessment rules, gifted‑and‑talented eligibility, and several conforming technical updates.

Key adoptions and changes

- R110‑24 (NAC Chapter 388): New regulation prescribing criteria for assessment of language and literacy skills for children under 6 who are deaf, hard of hearing, blind, or visually impaired. The rule sets required criteria for assessments and qualifications for those who administer and interpret them and includes a requirement to provide accessible results to parents.

- R111‑24 (NAC Chapter 388): Amendments to Nevada’s definition of visual impairment to align with a 2017 U.S. Office of Special Education Programs (OSEP) letter that directs states to include impairments which, even with correction, adversely affect educational performance; this broadens potential eligibility under that category.

- R023‑25 (NAC Chapter 388): Revisions to gifted‑and‑talented eligibility rules to remove the previous requirement that cognitive and achievement assessments be administered individually, permitting valid, nationally recognized group assessments that ease district resource burdens and support universal screening strategies.

- R094‑24 (NAC 389): A technical conforming change replacing the defunct vendor name AdvancedED with Cognia for accreditation references.

- R196‑24 (NAC Chapter 388): Conforming amendments to repeal named approved reading assessments from regulation (as required by SB460) and allow districts greater flexibility to propose valid and reliable alternate assessments when permitted by statute.

What board members asked: Several members raised implementation and equity concerns. Anna Binder (written comment) urged clearer evaluator credentialing and measures to ensure assessors are fluent in the child’s primary mode of communication for sensory‑impaired students. Board members discussed the risk of inconsistent eligibility determinations across districts without coordinated rollout, particularly for the visual‑impairment changes, and the need for functional‑vision evaluation guidance. For gifted assessments, members emphasized that updated language reflects current practice and aims to increase identification equity by allowing district‑scaled assessment strategies.

Next steps: The department said it will publish guidance documents and toolkits tied to the new regulations — including evaluation resources for sensory‑impaired children and revised eligibility forms — and coordinate rollout with regional partners and district liaisons.

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