Filing a Due Process Complaint is a formal process to investigation 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 an educational 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 facts and conclusions of law, which may order specific activities 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 requested. 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 the written decision issued within 10 school days of the hearing. Due process hearings are provided at public expense, however each party pays its own expenses, which may include attorneys’ fees.

The Nevada Department of Education (NDE) is a neutral party and cannot provide guidance on 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, with consideration of their schedule 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 an education agency. Parties may chose to be represented by attorneys, which each party pays for at their own expense. When a due process is filed by a parent (or their representative), the notice must be sent to the education agency (school district or charter school authority), who will then request that NDE assign a hearing officer. NDE will contact the parent with the opportunity to identify their preference from a list of three hearing officers. Both parties (the parent and the education agency) will be notified when a hearing officer has been assigned. The education agency will offer a resolution meeting, unless both parties agree in writing not to have the meeting, or to use mediation instead. The hearing officer will coordinate with both parties to identify the issue(s) to be decided, the date of the hearing, and the status of any resolution efforts. At the hearing, both parties will present their case with testimony, evidence, and witnesses, as applicable. They will also have the opportunity to question and cross-examine any witnesses. After the hearing officer has issued the written decision, parties have 30 days to appeal the decision. If the decision is appealed, a review officer will consider the facts from the case and determine whether the appealed decision is to be upheld or amended. A review officer’s decision may be appealed in state or federal court.

The Center for Appropriate Dispute Resolution in Special Education, CADRE, has created several resources to support parents and schools with navigating the Due Process Complaint process which 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