Nevada Revised Statutes 388.465 – Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers; Department to post information relating to due process hearings on Internet website
1. The State Board shall prescribe by regulation:
Terms Used In Nevada Revised Statutes 388.465
- Department: means the Department of Education. See Nevada Revised Statutes 385.007
- State Board: means the State Board of Education. See Nevada Revised Statutes 385.007
(a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.
(b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of NRS 388.463. Such qualifications must include, without limitation, requiring that a hearing officer:
(1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of NRS 388.463, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education; and
(2) Must complete annual training arranged by the Department. The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.
(c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.
2. The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., on its Internet website. Such information must include, without limitation:
(a) A model form that may be used to request such a hearing;
(b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;
(c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed; and
(d) Timelines and procedures for conducting such hearings.
