Date Published: Dec 31, 1994
Source: 
Reaching to the Future: Boldly Facing Challenges in Rural Communities. Conference Proceedings of the American Council on Rural Special Education (ACRES) (Las Vegas, Nevada, March 15-18, 1995)
Authors: 
Lakes, M., Ruegamer, L., & Trow, A.

This paper describes the complaint investigation process for rural remote areas of Nevada as required by the Individuals with Disabilities Education Act (IDEA). Complaints are first filed with the Nevada Department of Education superintendent of public instruction. Complaints can be initiated by anyone and must state what regulations the public agency has violated and provide facts to support this claim. An independent on-site investigation is conducted by a team leader from the Special Education Branch who sends notification regarding the alleged violation to the agency involved, and selects an investigative team that could include university staff, parent advocates, and agency personnel. Team members are provided with appropriate materials to conduct the investigation such as IDEA regulations and various state codes. The team reviews written records that apply to the issue, interviews appropriate district staff, interviews the complainant, and then develops a written decision that addresses each allegation. If there are areas where regulations have been violated, an order coming forth from the report could include the development of policy and procedures to ensure compliance in the future. When violations occur, the district must develop a corrective action plan and indicate timelines for completion. Findings are then discussed with both the public agency and complainant to provide clarification and closure. Over the past 4 years, the number of complaints in Nevada has doubled each year. Specific reasons for this trend remain undetermined but are most likely associated with state population growth, active parent advocacy, and success of the complaint resolution process. (ERIC)

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