Nevada Administrative Code › Chapter 388 - System of Public Instruction › SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS › Determination of Eligibility for Placement of Pupils With Disabilities and Gifted and Talented Pupils › Section 388.450 - Independent educational evaluation of pupil

Current through June 11, 2024
1. A
				parent may request that a public agency pay for an independent educational
				evaluation of a pupil if the parent disagrees with the results of an evaluation
				obtained by the public agency. The public agency shall, without unnecessary
				delay, either file a due process complaint pursuant to NAC
				388.306 if it believes that its
				evaluation of the pupil is appropriate, or ensure that an independent
				educational evaluation is provided at public expense.
2. If, at a hearing conducted pursuant to NAC
				388.310, the hearing officer
				decides that an independent educational evaluation is necessary because the
				agency's evaluation was not appropriate, the public agency shall ensure that an
				independent educational evaluation is provided at public expense. If the
				hearing officer decides that the evaluation is not necessary because the
				agency's evaluation was appropriate, the parent may obtain an independent
				educational evaluation , but the evaluation will not be provided at public
				expense.
3. If the parent requests
				an independent educational evaluation, the public agency shall provide the
				parent with information as to where an independent educational evaluation may
				be obtained and the criteria of the agency relating to independent evaluations
				as set forth in subsection 8.
4. If
				a parent requests an independent educational evaluation, the public agency may
				inquire into the reason of the parent for objecting to the public evaluation.
				The public agency shall not require the parent to provide an explanation and
				shall not unreasonably delay the independent educational evaluation or delay in
				filing a due process complaint to request a hearing to defend the public
				evaluation.
5. A parent is entitled
				to only one independent educational evaluation at public expense for each time
				a public agency conducts an evaluation with which the parent disagrees.
6. If an independent educational
				evaluation is obtained at the personal expense of the parent or at public
				expense, the public agency shall consider the results of an evaluation if the
				evaluation meets the criteria of the public agency in any decision made with
				respect to the provision of a free appropriate public education to the pupil.
				The results may be presented as evidence at a hearing regarding that pupil in
				accordance with the provisions of NAC
				388.310 which relate to the
				introduction of evidence.
7. If a
				hearing officer requests an independent educational evaluation as part of a
				hearing, the cost of the evaluation must be paid by the public agency pursuant
				to subsection 14 of NAC
				388.310.
8. Whenever an independent educational
				evaluation is obtained at the public agency's expense, the criteria established
				by the public agency for the circumstances under which the evaluation is
				obtained, including the location of the evaluation and the qualifications of
				the examiner, must be the same as the public agency uses when it initiates an
				evaluation, to the extent those criteria are consistent with the parent's right
				to such an evaluation. Except as otherwise provided in this subsection, a
				public agency may not impose conditions or timelines on obtaining an
				independent educational evaluation at public expense.
Added to NAC by Bd. of
				  Education, eff. 2-7-83; A 7-14-88; 9-15-89; 9-13-91; 11-23-93; R085-99,
				  2-16-2000; R058-07, 10-31-2007; A by
				  R017-18A,
				  eff. 1/30/2019
NRS
				  385.080,
				  388.419
				  and
				  388.433