388.308 - Expedited hearing

388.308. Expedited hearing

1. A hearing requested by a parent pursuant to NAC 388.306 must be expedited pursuant to this section if the hearing is to resolve a dispute concerning:

(a) A determination of whether the conduct of the pupil is a manifestation of the disability of the pupil which is made pursuant to paragraph (b) of subsection 3 of NAC 388.265; or

(b) A determination regarding a disciplinary change of placement of a pupil pursuant to 34 C.F.R. §§ 300.530 and 300.531, including, without limitation, the services to be provided in the disciplinary placement or the interim alternative educational setting for services.

2. A hearing requested by a public agency pursuant to NAC 388.306 must be expedited pursuant to this section for a determination regarding the placement of a pupil in an appropriate interim alternative educational setting pursuant to 20 U.S.C. § 1415(k), if the public agency determines that the current placement of the pupil is substantially likely to result in injury to the pupil or others.

3. An expedited hearing must be conducted within 20 school days after the date on which the due process complaint requesting the hearing is filed and must result in a determination within 10 school days after the hearing. Except as otherwise provided in this section, such a hearing and any appeal must be conducted in a manner consistent with the provisions of NAC 388.306 to 388.315, inclusive. A continuance must not be granted if it would extend the time requirements set forth in this subsection.

4. A resolution meeting for an expedited hearing must occur in accordance with NAC 388.307 within 7 days after receipt of the due process complaint requesting the hearing unless the parent and the public agency that is a party to the hearing agree in writing to waive the meeting or to use the mediation process pursuant to NAC 388.305. If a resolution is not reached to the satisfaction of both parties within 15 days after receipt of the due process complaint for a hearing pursuant to this section, the hearing must proceed thereafter within the timelines prescribed in subsection 3.

5. Except as otherwise provided in 20 U.S.C. § 1415(k) or as otherwise agreed to by the parties, if a parent or public agency requests a hearing that is expedited pursuant to this section, the pupil must remain in the pupil's interim alternative educational setting until:

(a) A decision is rendered by the hearing officer or, if an appeal is taken pursuant to NAC 388.315, the state review officer; or

(b) Expiration of the time period of removal ordered by school personnel in accordance with 34 C.F.R. § 300.530, whichever occurs first.

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

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