Can the school conduct a reevaluation without my consent?

No, not for a reevaluation that involves new testing. The school must obtain your written consent before administering any new evaluations. If the school is reviewing existing data only (no new testing), they may not need consent for that review, but should notify you.

The school says they can just review existing records instead of new testing. Is that allowed?

Yes, but only if the team determines existing data is sufficient to establish continued eligibility and current needs. If you believe new testing is needed because the data is outdated or incomplete, you can advocate for it. You can also request an IEE if you disagree with assessment decisions.

Can I waive the reevaluation?

Yes, the school may ask you to sign a document agreeing a reevaluation is not necessary. You are not required to agree. If you have any questions about whether current data is still accurate, declining to waive and requesting a full reevaluation is the safer choice.

What if the reevaluation results say my child is no longer eligible?

Don't sign anything you disagree with at the meeting. Ask for more time to review. You can request an IEE, file a state complaint, or request a due process hearing. Losing eligibility means losing services, this decision deserves careful scrutiny, especially if your child is still struggling.

State IEP Rights

IEP Rights in Nevada: What Parents Need to Know

Q: What is the Nevada Department of Education's role in special education?

The Nevada Department of Education (NDE) oversees special education through its Office of Special Education. NDE monitors district compliance, investigates state complaints, and provides resources for families.

Q: Where can Nevada families get free advocacy help?

Nevada PEP (Parents Encouraging Progress) is Nevada's Parent Training and Information (PTI) center. Disability Rights Nevada is the state's P&A organization and provides legal services in special education cases.

Nevada follows federal IDEA and adds its own state requirements. Here's what families need to know about the IEP process, timelines, and where to get help.

Meghan Moore, BCBA, M.A. Special Education

Nevada Special Education Overview

Special education in Nevada is governed by IDEA and Nevada Administrative Code (NAC) Chapter 388, which covers special education regulations. The Nevada Department of Education (NDE) oversees compliance through its Office of Special Education.

Evaluation Timelines

Nevada must complete the initial special education evaluation within 60 calendar days of receiving parental consent. After the evaluation, the IEP team must meet and develop the IEP within 30 days. Services must begin in a timely manner after the IEP is developed and the parent has been given the opportunity to review and consent.

IEP Development and Review

IEPs in Nevada must be reviewed at least annually. Reevaluations must occur at least every three years. Parents must receive a copy of the IEP and have an opportunity to review it before signing. Nevada follows federal IDEA requirements for IEP content and team membership.

Dispute Resolution in Nevada

State Complaints

State complaints are filed with the Nevada Department of Education's Office of Special Education. NDE must investigate and issue a written decision within 60 calendar days of receiving the complaint.

Contact: NDE Office of Special Education
Phone: 775-687-9171
Website: doe.nv.gov/Special_Education

Mediation

Voluntary mediation is available at no cost to parents. Mediation is conducted by a neutral mediator and is confidential. Any agreement reached is legally binding.

Due Process

Due process hearings are conducted by independent hearing officers. Either parent or district can file. Nevada follows the federal IDEA two-year statute of limitations. After filing, there is a 30-day resolution period before the hearing proceeds.

Nevada-Specific Resources

Nevada PEP

Nevada PEP (Parents Encouraging Progress) is Nevada's federally funded Parent Training and Information (PTI) center. Nevada PEP provides free training, information, and advocacy support to families of children with disabilities.

Website: nvpep.org
Phone: 702-388-8899

Disability Rights Nevada

Disability Rights Nevada is the state's Protection and Advocacy (P&A) organization. They provide legal services and advocacy in special education cases.

Website: disabilityrightsnv.org
Phone: 702-257-8150

Key Things to Know in Nevada

Nevada uses a 60-calendar-day evaluation timeline
IEP must be developed within 30 days after evaluation completion
State complaints go to NDE's Office of Special Education
Nevada PEP offers free advocacy support
Disability Rights Nevada provides legal services

Frequently Asked Questions

How long does Nevada have to evaluate my child for special education?

Nevada must complete the initial evaluation within 60 calendar days of receiving parental consent. After evaluation, the IEP must be developed within 30 days.

What is the Nevada Department of Education's role in special education?

NDE oversees special education through its Office of Special Education. NDE monitors district compliance, investigates state complaints, and provides resources for families.

Where do I file a special education complaint in Nevada?

State complaints are filed with NDE's Office of Special Education. NDE must investigate and issue a decision within 60 calendar days.

Where can Nevada families get free advocacy help?

Nevada PEP is the state's PTI center and provides free support. Disability Rights Nevada is the state's P&A organization and provides legal services.