IEP Timelines in Nevada
What are the IEP timelines in Nevada?
Nevada has a comprehensive set of timelines governing every stage of the special education process. Critical Nevada-specific timelines include: initial evaluation within 45 school days of parental consent (NAC 388.337) — stricter than the federal framework; IEP development within 30 days of eligibility determination (NAC 388.281(13)(a)); transition service needs addressed beginning at age 14 (NAC 388.284(1)); rights-transfer notice in IEP on or before the student's 17th birthday, updated annually (NAC 388.284(m)); educational rights transfer at age 18 (NAC 388.284(m)); FAPE ends at age 21 end-of-school-year (NRS 388.433); restraint report within 1 working day to parent, IEP team, and district (NRS 388.501); 3 restraint incidents trigger IEP meeting; 5 restraint incidents trigger formal IEP review (NRS 388.501); annual district restraint reports due to NDE by August 15 (NRS 388.515); state complaint decision within 60 calendar days (34 CFR 300.152); due process hearing decision within 45 days after 30-day resolution period (34 CFR 300.515); court appeal within 90 days of hearing decision (NAC 388.310).
What Nevada Requires
Nevada uses school days (not calendar days) for the evaluation timeline — 45 school days from parental consent, extendable by 15 school days with NDE Superintendent approval (NAC 388.337).
Transition service needs addressed beginning at age 14, not age 16 as under federal law — a Nevada-specific earlier start (NAC 388.284(1)).
Rights-transfer notice must be in the IEP on or before the student's 17th birthday, updated annually — earlier than federal law's 'before age 18' requirement (NAC 388.284(m)).
Nevada's restraint reporting timeline of 1 working day and incident-triggered IEP reviews at 3 and 5 incidents create specific state-unique obligations (NRS 388.501).
School district bears burden of proof and burden of production in due process — affects strategic timing considerations in dispute resolution (NRS 388.467).
Key Timelines
45 school days: initial evaluation must be completed after parental consent (NAC 388.337).
Up to 15 additional school days: NDE Superintendent may extend the evaluation timeline upon district request (NAC 388.337).
30 days: IEP must be developed after eligibility determination (NAC 388.281(13)(a)).
Age 14: transition service needs planning begins, updated annually (NAC 388.284(1)).
Age 16 (or earlier): measurable postsecondary goals and transition services must be in IEP (34 CFR 300.320(b)).
By age 17: rights-transfer notice must appear in IEP, updated annually (NAC 388.284(m)).
Age 18: educational rights transfer to student (NAC 388.284(m)).
Age 21 (end of school year): FAPE eligibility ends unless student graduated with regular diploma (NRS 388.433).
1 working day: restraint incident report to parent, IEP team, and district board (NRS 388.501).
3 restraint incidents in one year: IEP team must convene (NRS 388.501).
5 restraint incidents in one year: formal IEP review with FBA and positive behavioral supports required (NRS 388.501).
August 15: annual district restraint report due to NDE (NRS 388.515).
1 year: state complaints must be filed within one year of the alleged violation (34 CFR 300.153(c)).
60 calendar days: NDE state complaint investigation decision (34 CFR 300.152(a)).
15 school days: district must convene resolution meeting after due process complaint (34 CFR 300.510(a)).
30 days: resolution period after due process complaint (34 CFR 300.510(b)).
45 days (after 30-day resolution period): final due process hearing decision (34 CFR 300.515(a)).
90 days: court appeal deadline from hearing officer's decision (NAC 388.310; 34 CFR 300.516).
3 years: triennial reevaluation (NAC 388.337; 34 CFR 300.303).
Annual: IEP review (NAC 388.290; 34 CFR 300.324).