Filing a due process complaint is 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 may be initiated by a parent or a public agency and results in a hearing in which both parties present information pertaining to the issue(s) to a hearing officer. The hearing officer will issue a written decision with findings of fact and conclusions of law, which may order specific actions to be carried out.

The written decision must be issued within 45 days from the end of the resolution period, unless an extension of the timeline has been granted. In certain cases, relating to a student’s discipline and placement, an expedited due process hearing must be held within 20 school days of the request being filed, with a written decision issued within 10 school days of the hearing.

Due process hearings are provided at public expense; however, each party is responsible for its own expenses, which may include attorneys’ fees.

The Nevada Department of Education (NDE) is a neutral party and cannot provide guidance on individual situations or concerns that may be addressed through a due process complaint. NDE maintains a list of qualified hearing officers and assigns them through an impartial method, taking into consideration scheduling and availability. When a due process complaint is filed by a parent, the parent will be given an opportunity to identify a preferred hearing officer from a list of three options.

A due process complaint may be initiated by a parent or a public agency. Parties may choose to be represented by attorneys, and each party is responsible for its own costs.

When a due process complaint is filed by a parent (or their representative), the notice must be provided to the public agency (school district or charter school authority), which will then request that NDE assign a hearing officer. NDE will contact the parent to provide an opportunity to identify a preferred hearing officer from a list of three (3) options. Both parties will be notified once a hearing officer has been assigned.

The public agency will offer a resolution meeting, unless both parties agree in writing to waive the meeting or to use mediation instead. The hearing officer will coordinate with both parties to clarify the issue(s) to be decided, schedule the hearing, and monitor the status of any resolution efforts.

At the hearing, both parties will present their case through testimony, evidence, and witnesses, as applicable. Each party will also be given the opportunity to question and cross-examine witnesses.

Following the hearing, the hearing officer will issue a written decision. Parties have 30 days to appeal the decision. If appealed, a review officer will consider the record and determine whether the decision should be upheld or modified. A review officer’s decision may be further appealed in state or federal court.

CADRE, the Center for Appropriate Dispute Resolution in Special Education, has developed several resources to support parents and schools in navigating the due process complaint process. These resources are available here for your convenience.

• Due Process Complaint Parent Guide, English
• Due Process Complaint Parent Guide, Spanish
• Video: Overview of Due Process Complaints
• Video: What to Expect after a Due Process Complaint is Filed