Nevada Revised Statutes 388.4685 – Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance
1. If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R. § 300.153.
Terms Used In Nevada Revised Statutes 388.4685
- Charter school: means a public school that is formed pursuant to the provisions of chapter 388A of NRS. See Nevada Revised Statutes 385.007
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Education. See Nevada Revised Statutes 385.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint. If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take:
(a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable; and
(b) Any additional measures that the Department determines are necessary to ensure that the pupil receives a free appropriate public education.
3. Measures taken pursuant to subsection 2 may include, without limitation:
(a) Issuing a written order to the local educational agency or governing body to take specific action;
(b) Monitoring the actions taken by the local educational agency or governing body to comply with the order;
(c) Withholding federal or state money that would otherwise be provided to the local educational agency or governing body for the purpose of providing educational services to the pupil and using that money to directly arrange and pay for the provision of such services to the pupil; and
(d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order.
4. The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:
(a) The complainant and the local educational agency or governing body, as applicable; and
(b) If applicable, the superintendent of the local educational agency and any person or office responsible for compliance with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., at the local educational agency or charter school.
5. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any other remedy available at law or in equity.
6. As used in this section, ‘local educational agency’ has the meaning ascribed to it in 20 U.S.C. § 1401(19).