Nevada Administrative Code
Chapter 388 - System of Public Instruction
SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS
Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils
Section 388.318 - Complaints to Department

Universal Citation: NV Admin Code 388.318

Current through December 31, 2024

1. A person, as the term is defined in NRS 0.039, including a person outside this State, may file a state complaint with the Superintendent alleging that a public agency has violated a provision of:

(a) Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., or the regulations adopted pursuant thereto ; or

(b)NRS 388.417 to 388.5243, inclusive, or N AC 388.001 to 388.450, inclusive of this regulation, and sections 2 to 10, inclusive .

2. The state complaint must be:

(a) In writing and must be signed by the person filing the state complaint.

(b) Filed with the Superintendent not more than 1 year after the date on which the alleged violation occurred.

3. The Department shall develop a model form for filing a state complaint pursuant to this section. A person may use the model form to file a state complaint or may use any other form or document that meets the requirements of subsection

4. The state complaint must include:

(a) A statement that a public agency has violated a provision described in subsection 1;

(b) The facts on which the statement is based;

(c) The signature and contact information of the complainant; and

(d) If alleging a violation regarding a specific pupil:
(1) The name of the pupil;

(2) The address of the residence of the pupil or, if the pupil is a homeless youth, any available contact information for the pupil;

(3) The name of the school the pupil is attending;

(4) A description of the nature of the problem of the pupil relating to the public agency's alleged violation, including, without limitation, the facts relating to the problem; and

(5) A proposed resolution of the problem to the extent known and available to the party at the time the state complaint is filed.

The party filing the state complaint shall forward a copy of the state complaint to the public agency at the same time that the state complaint is filed with the Superintendent.

5. As soon as practicable, the Superintendent shall forward the state complaint to the Department for review. Except as otherwise provided in subsection 6, within 60 days after receipt of the signed written state complaint, the Department shall:

(a) If the Department deems it necessary, carry out an independent on-site investigation of the allegations contained in the state complaint;

(b) Provide an opportunity for the complainant to submit additional information, either orally or in writing, regarding the allegations contained in the state complaint;

(c) Provide an opportunity for the public agency to respond to the state complaint, including, without limitation:
(1) At the discretion of the public agency, an opportunity to propose a resolution to the allegations contained in the state complaint; and

(2) An opportunity to engage the parent, if the parent is the complainant, in voluntary mediation pursuant to NAC 388.305;

(d) Review all relevant information and make an independent determination regarding the allegations contained in the state complaint as to whether the public agency is violating a requirement of a law or regulation described in subsection 1; and

(e) Issue a written decision to the complainant that addresses each allegation contained in the state complaint and that includes:
(1) Findings of fact and conclusions; and

(2) The reasoning of the Department for the decision.

6. The Department may extend the time period set forth in subsection 5 if:

(a) Exceptional circumstances exist with regard to a particular state complaint; or

(b) A complainant who is a parent of a pupil and the public agency agree to extend the time to allow for mediation or other means of alternative dispute resolution.

7. The Department shall maintain procedures for effective implementation of the final decision, including, without limitation, technical assistance activities, negotiations and corrective actions to achieve compliance.

8. In resolving a state complaint in which the Department has found that a public agency failed to provide appropriate services, the Department shall address the failure, including, without limitation, by requiring corrective action which is appropriate to address the needs of the pupil, such as compensatory services or monetary reimbursements, and by requiring that appropriate services are provided to all pupils with disabilities served by the public agency.

9. A public agency that receives an order pursuant to this section shall take the actions prescribed in the order and provide to the Department documentation of all actions taken in accordance with the order.

10. A written decision issued pursuant to subsection 5 is a final administrative decision of the Department. A person who files a state complaint pursuant to this section is not prohibited from filing a due process complaint pursuant to NAC 388.306.

Added to NAC by Bd. of Education by R085-99, eff. 2-16-2000; A by R071-05, 2-23-2006; R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019

NRS 385.080 and 388.419

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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