388.sec. 1 - NEW

388.sec. 1. NEW

1. To request the Superintendent of Public Instruction to make a determination regarding whether a provider of special education is in compliance with a law or regulation governing the education of pupils with disabilities pursuant to subsection 1 of section 5 of Senate Bill No. 213, chapter 493, Statutes of Nevada 2017, at page 3145 (NRS 388.4352), a person or governmental entity must submit a written request signed by the person or a representative of the governmental entity, as applicable. Such a request must also include, without limitation:

(a) A statement that the person or representative believes that the provider of special education has violated a law or regulation governing the education of pupils with disabilities;

(b) A citation to the law or regulation that the provider is alleged to have violated; and

(c) The facts upon which the statement regarding the alleged violation is based.

2. When determining pursuant to subsection 2 of section 5 of Senate Bill No. 213, chapter 493, Statutes of Nevada 2017, at page 3145 (NRS 388.4352), whether there is good cause to conduct an inspection of a provider of special education, the Superintendent of Public Instruction may consider:

(a) Whether the request provides enough information to determine whether the alleged violation occurred; and

(b) The date or dates on which the alleged violation occurred.

3. The Department shall notify a person or governmental entity that submitted a request for a determination by the Superintendent of Public Instruction whether the Superintendent has determined that there is good cause to conduct an inspection of a provider of special education pursuant to subsection 2 of section 5 of Senate Bill No. 213, chapter 493, Statutes of Nevada 2017, at page 3145 (NRS 388.4352).

4. If the Superintendent of Public Instruction receives a request for a determination described in subsection 1 for which one or more allegations are the subject of a due process hearing pursuant to NRS 388.463 and NAC 388.306, an appeal thereof or a complaint pursuant to NAC 388.318, the Superintendent must not make a determination or cause the Department to conduct an inspection concerning such an allegation until the final resolution of the due process hearing, appeal or complaint.

5. The provisions of this section shall not be construed in any manner that affects the right of a person to file a due process complaint pursuant to NRS 388.463 and NAC 388.306 or a complaint pursuant to NAC 388.318.

Added to NAC by Bd. of Education by R117-17AP, eff. 5-16-2018

NRS 385.080, section 5 of Senate Bill No. 213, chapter 493, Statutes of Nevada 2017, at page 3145 (NRS 388.4352)

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