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Nevada Revised Statutes Title 34. Education § 388.465. Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers;  Department to post information relating to due process hearings on Internet website

Current as of January 01, 2021 | Updated by FindLaw Staff

1. The State Board shall prescribe by regulation:

(a) The procedures for requesting the recusal of a hearing officer on the basis of bias or a conflict of interest.

(b) The qualifications to remain on the list of hearing officers maintained pursuant to subsection 1 of NRS 388.463.  Such qualifications must include, without limitation, requiring that a hearing officer:

(1) Must complete, within the first year that the name of the hearing officer appears on the list maintained by the Department pursuant to subsection 1 of NRS 388.463, a minimum of 40 hours of training, which must include, without limitation, 24 hours of training in laws relating to special education;  and

(2) Must complete annual training arranged by the Department.  The training must include, without limitation, training concerning laws relating to special education, the procedure for conducting a hearing and rendering and writing a decision.

(c) The procedures for compensating a hearing officer which must be established to avoid a conflict of interest for the hearing officer or the appearance of such a conflict.

2. The Department of Education shall post information as prescribed by the State Board relating to due process hearings held pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., on its Internet website.  Such information must include, without limitation:

(a) A model form that may be used to request such a hearing;

(b) Decisions from such hearings after the names and other personally identifiable information of the pupils who were the subject of such hearings have been removed;

(c) Decisions from the appeals of such hearings after the names and any other personally identifiable information of the pupils who were the subject of the hearings have been removed;  and

(d) Timelines and procedures for conducting such hearings.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 34. Education § 388.465. Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers;  Department to post information relating to due process hearings on Internet website - last updated January 01, 2021 | https://codes.findlaw.com/nv/title-34-education/nv-rev-st-388-465/

Read this complete Nevada Revised Statutes Title 34. Education § 388.465. Regulations concerning procedures for requesting recusal of hearing officer and qualifications of hearing officers;  Department to post information relating to due process hearings on Internet website on Westlaw

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