Filing a State Complaint is the formal process to request an investigation into whether an education agency (i.e., school district, charter school authority, or department of education) has not followed state or federal special education law. A State Complaint includes an investigation into the allegation(s) and a written report identifying whether the education agency violated special education law(s). If there are findings of non-compliance, corrective action may be required to rectify the violation.

NDE has jurisdiction through its special education complaint process to investigate complaints alleging a public agency’s violation of the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) or Nevada special education law. However, a state complaint is required to be filed in accordance with state procedures and to include specific content. NDE does not have jurisdiction to investigate violations pertaining to Section 504 accommodations, retaliation, harassment, or local personnel issues.

The Nevada Department of Education (NDE) is a neutral party and cannot provide guidance on situations or concerns that may be addressed during a state complaint investigation.

A state complaint investigation may be initiated by any person or organization, and must be submitted to both NDE and the education agency in which the believed violation occurred. It is important that all relevant details, to include specific dates of the occurrence, are identified in a state complaint request. When a state complaint is received, NDE will verify that the request is filed in the required manner and pertains to issues that NDE has authority to investigate. If the complaint has the required information and pertains to issues that can be investigated, both parties (the complainant and the education agency) will be notified of the specific issue(s) that will be investigated, and provided the opportunity to submit documentation to be considered during the investigation. A written decision must be issued within 60 calendar days from the date the complaint was received, unless an extension has been granted. The final report will describe the issues investigated, findings of fact, a determination of whether the education agency violated special education law(s), and if necessary, corrective action. The results of a state complaint are final and may not be appealed.

The Center for Appropriate Dispute Resolution in Special Education, CADRE, has created several resources to support parents and schools with navigating IEP Facilitation which are available here for your convenience.

• State Complaint Parent Guide, English
• State Complaint Parent Guide, Spanish
• Video: Overview of State Complaints
• Video: What to Expect after filing a State Complaint