2020 Nevada Revised Statutes
Chapter 388 - System of Public Instruction
NRS 388.4354 - Measures to be taken to ensure compliance with laws regarding pupils with disabilities if provider of special education fails to comply with plan of corrective action or order of hearing officer; authorized actions to ensure compliance.
1. If a provider of special education fails or refuses to comply in a timely manner with a plan of corrective action established pursuant to NRS 385.175 or with an order of a hearing officer issued pursuant to a due process hearing conducted pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or pursuant to an appeal therefrom, the Superintendent of Public Instruction must take appropriate measures to ensure compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, any regulations adopted pursuant thereto, or any other law or regulation governing the education of pupils with disabilities in this State.
2. In determining the appropriate measures to take to ensure compliance with the laws and regulations governing the education of pupils with disabilities, the Superintendent of Public Instruction must consider:
(a) The severity of the failure to comply with the plan of corrective action or the order of the hearing officer and the length and number of times that the provider of special education has been out of compliance with the laws and regulations governing the education of pupils with disabilities;
(b) Whether the provider of special education made a good faith effort to comply with the plan of corrective action or the order of the hearing officer;
(c) The impact on pupils served by the provider of special education of the failure to comply with the plan of corrective action or the order of the hearing officer; and
(d) Whether the provider of special education has previously failed to comply with such a plan of corrective action or order of a hearing officer.
3. The actions which the Superintendent of Public Instruction may take to ensure compliance pursuant to subsection 1 after considering the factors set forth in subsection 2 include, without limitation:
(a) Extending the time by which the provider of special education must comply with the plan of corrective action;
(b) Revising the plan of corrective action;
(c) Requiring the school district or the governing body of the charter school, as applicable, to provide technical assistance to the provider of special education to assist with compliance with the laws and regulations governing the education of pupils with disabilities;
(d) Requiring the school district or the governing body of the charter school, as applicable, to provide appropriate professional development for the provider of special education to assist with compliance with the laws and regulations governing the education of pupils with disabilities;
(e) Ordering an investigation of compliance by the provider of special education or additional inspections of the provider of special education to ensure compliance with the laws and regulations governing the education of pupils with disabilities, or both;
(f) Requiring the school district or charter school, as appropriate, to assign one or more persons to monitor compliance with the plan of corrective action or order of the hearing officer and the laws and regulations governing the education of pupils with disabilities by the provider of special education;
(g) Notwithstanding any collective bargaining agreement or contract of employment to the contrary, requiring the school district or charter school, as applicable, to take appropriate disciplinary action against a principal or other administrator who knowingly and willfully fails to comply with a plan of corrective action or order of a hearing officer;
(h) Requiring the provider of special education to attend a public meeting of the State Board to explain the failure of the provider of special education to comply with a plan of corrective action or order of a hearing officer, address public concerns and outline the actions that the provider of special education intends to take to ensure compliance with the laws and regulations governing the education of pupils with disabilities;
(i) Taking punitive action against the provider of special education, which may include, without limitation:
(1) To the extent possible, redirecting money provided by the Federal Government for administrative costs related to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.; or
(2) To the extent possible, withholding, in whole or in part, any federal or state apportionment to the provider; or
(j) Seeking enforcement of a plan of corrective action or the order of a hearing officer in a court of competent jurisdiction.
4. The Superintendent of Public Instruction may work with any other appropriate governmental entity to carry out the provisions of subsection 3.
(Added to NRS by 2017, 3146)
