Nevada § 388.4685 - Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance

§ 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 . 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) .