Nev. Admin. Code § 388.315 - Appeal from decision of hearing officer

1. A party may appeal from the decision of a hearing officer made pursuant to NAC 388.310 by filing with the Superintendent a notice of appeal which identifies the specific findings and conclusions being appealed and forwarding a copy of the notice of appeal to the other parties within 30 days after receiving the decision. A party to the hearing may file a cross appeal by filing a notice of cross appeal with the Superintendent which identifies the specific findings and conclusions being appealed and forwarding a copy of the notice of cross appeal to the other parties within 10 days after receiving notice of the initial appeal. If an appeal is filed, a state review officer appointed by the Superintendent from a list of officers maintained by the Department shall conduct an impartial review of the hearing. The state review officer conducting the review shall:

(a) Examine the entire record of the hearing;

(b) Ensure that the procedures at the hearing were consistent with the requirements of due process;

(c) Seek any additional evidence necessary and, if a hearing is held to receive additional evidence, afford the parties the rights set forth in NAC 388.310;

(d) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing officer;

(e) Schedule any oral arguments at a time and place which is reasonably convenient to the parent and pupil involved;

(f) Make an independent decision on the completion of the review; and

(g) Except as otherwise provided in this paragraph, mail copies of the written findings of fact and decision to the parties within 30 days after the notice of appeal was filed with the Superintendent. The state review officer may extend the time for rendering a decision for a specific number of days upon the request of either party for good cause. At the option of the parent, the findings of fact and decision must be made available to the parent by electronic means. The Department shall provide a copy of the findings of fact and decision to the parent at no cost.

2. The decision of the state review officer is final unless a party brings an action pursuant to subsection 3.

3. A party may appeal from the decision of the state review officer by initiating a civil action in a court of competent jurisdiction within 90 days after receipt of the decision of the state review officer.

4. After removing any personally identifiable information of the pupil, the Department shall transmit the written findings of fact and decision to the Special Education Advisory Committee of the Department and make the findings of fact and decision available for public inspection by posting the findings of fact and decision on the Internet website maintained by the Department.

Notes

Nev. Admin. Code § 388.315

Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 9-13-91; 11-23-93; 1-26-94; R039-98, 5-29-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019

NRS 385.080 and 388.419