# Nev. Rev. Stat. § 388.4685: Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance > Nevada · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.4685 ## Section - **Citation:** Nev. Rev. Stat. § 388.4685 - **Heading:** Filing and investigation of complaint concerning failure to comply with decision or settlement agreement; duty of Department to ensure compliance - **Jurisdiction:** Nevada - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NV Code / Title 34 / Chapter 388 / Section 388.4685 ## Text 1. If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R. § 300.153 . 2. After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint. If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take: (a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable; and (b) Any additional measures that the Department determines are necessary to ensure that the pupil receives a free appropriate public education. 3. Measures taken pursuant to subsection 2 may include, without limitation: (a) Issuing a written order to the local educational agency or governing body to take specific action; (b) Monitoring the actions taken by the local educational agency or governing body to comply with the order; (c) Withholding federal or state money that would otherwise be provided to the local educational agency or governing body for the purpose of providing educational services to the pupil and using that money to directly arrange and pay for the provision of such services to the pupil; and (d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order. 4. The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to: (a) The complainant and the local educational agency or governing body, as applicable; and (b) If applicable, the superintendent of the local educational agency and any person or office responsible for compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., at the local educational agency or charter school. 5. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any other remedy available at law or in equity. 6. As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19) . ## Nearby sections - [Nev. Rev. Stat. § 388.020 Kinds of public schools](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.020.md) - [Nev. Rev. Stat. § 388.030 Division of public schools in school district into departments](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.030.md) - [Nev. Rev. Stat. § 388.040 Zoning of school district by board of trustees; establishment of zones does not preclude pupil's attendance at certain other public schools](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.040.md) - [Nev. Rev. Stat. § 388.045 Racially discriminatory name, logo, mascot, song or other identifier prohibited; exception](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.045.md) - [Nev. Rev. Stat. § 388.055 Employment of school counselor; program for school counseling](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.055.md) - [Nev. Rev. Stat. § 388.060 Kindergarten: Establishment; board of trustees authorized to provide transportation to school that offers kindergarten or to provide program of instruction at home; budget](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.060.md) - [Nev. Rev. Stat. § 388.070 Maintenance of schools with equal rights and privileges](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.070.md) - [Nev. Rev. Stat. § 388.075 Period of silence](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.075.md) - [Nev. Rev. Stat. § 388.077 Right of pupils to constitutional expression; limitation; adoption of policy for pupil publications; resolution of complaint by pupil of violation of right](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.077.md) - [Nev. Rev. Stat. § 388.080 School year](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.080.md) - [Nev. Rev. Stat. § 388.090 Minimum number of days of school; application for alternative schedule; application for reduction in minutes or additional minutes](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.090.md) - [Nev. Rev. Stat. § 388.095 Scheduling school for closure because of natural disaster, inclement weather or accident; regulations](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.095.md) - [Nev. Rev. Stat. § 388.097 Additional days or minutes of instruction for program of remedial education](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.097.md) - [Nev. Rev. Stat. § 388.110 Closing public schools for legal holidays](https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.110.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NV_T34_C388_S388.4685. Check the current official text before relying on it. Not legal advice.