Dispute Resolution

Individuals with Disabilities Act (IDEA)

Dispute Resolution serves to address disagreements between parents and education agencies regarding the provision of special education services and to provide a formal process for parents, organizations, or individuals to report concerns and request an investigation by the Nevada Department of Education (NDE) when they believe a public education agency has violated state or federal special education law. Dispute resolution serves as an important safeguard to ensure that all Nevada students with disabilities receive the educational services and protections to which they are entitled under special education law.

The Nevada Department of Education is a neutral party and cannot provide guidance on whether specific actions comply with state or federal law or how to resolve individual concerns. If you are seeking specific guidance or support with your situation, a list of community supports and resources is provided for your convenience. NDE encourages people to work directly with education agencies to address concerns and resolve disagreements, as resolutions can often be reached more quickly and decisions are made by the people who know the student best.

Nevada offers four dispute resolution options: IEP Facilitation, Mediation, State Complaint, and Due Process Complaint. All options are offered at no cost to the parents. A brief description of each is offered below; for a more detailed analysis, see the CADRE Dispute Comparison (PDF).

IEP Faciliation	Mediation	State Complaint	Due Process Complaint
• A voluntary process in which an impartial facilitator assists the IEP team with communication and problem solving. • The desired outcome of IEP Facilitation is to develop an IEP that is supported by the team members that benefits the child.	• A voluntary process in which a mediator assists parents and education agencies to resolve disagreements. • The desired outcome of Mediation is a resolution that includes a signed, legally enforceable written agreement.	• A formal process to report that an education agency has not followed state or federal special education law, and to request an investigation. • A State Complaint investigation is conducted by NDE and an independent investigator who reviews submitted evidence. This process results in a written decision with findings that may require corrective action.	• A formal process to investigate and resolve disagreements relating to the identification, evaluation, educational placement, or provision of a free, appropriate public education (FAPE) to a child who needs or is suspected of needing special education services. • A Due Process Complaint includes a hearing where both parties present evidence, and results in a written decision with findings of fact and conclusions of law, and may result in specific orders such as changing a student’s placement.

NRS 388.4352 offers an additional option to report and request an inspection into whether a special education provider has complied with state and federal laws regarding pupils with disabilities. A Constituent Concern Inspection (CCI) results in a determination of compliance. If the inspection identifies non-compliance, NDE will meet with the provider to determine how to bring them into compliance with the law and request the education agency’s board of trustees to establish a plan of corrective action. More information can be found on our Constituent Concern Inspections webpage.