NAC388.450. Independent educational evaluation of pupil.

     1. A parent may request a public agency to pay for an independent educational evaluation of a pupil if the parent disagrees with the results of an evaluation obtained by the public agency. The public agency shall, without unnecessary delay, either request a hearing pursuant to NAC 388.306 if it believes that its evaluation of the pupil is appropriate, or ensure that an educational evaluation is provided at public expense.

     2. If, at a hearing conducted pursuant to NAC 388.306, the hearing officer decides that an independent educational evaluation is necessary because the agency’s evaluation was not appropriate, the public agency shall pay for the evaluation. If the hearing officer decides that the evaluation is not necessary because the agency’s evaluation was appropriate, the parent may obtain the independent educational evaluation at the parent’s personal expense.

     3. If the parent requests an independent educational evaluation, the public agency shall provide the parent with information as to where an independent educational evaluation may be obtained and the criteria of the agency relating to independent evaluations as set forth in subsection 8.

     4. If a parent requests an independent educational evaluation, the public agency may inquire into the reason of the parent for objecting to the public evaluation. The public agency shall not require the parent to provide an explanation and shall not unreasonably delay the independent educational evaluation or delay in filing a due process complaint to request a hearing to defend the public evaluation.

     5. A parent is entitled to only one independent educational evaluation at public expense for each time a public agency conducts an evaluation with which the parent disagrees.

     6. If an independent educational evaluation is obtained at the personal expense of the parent or at public expense, the public agency shall consider the results of an evaluation if the evaluation meets the criteria of the public agency in any decision made with respect to the provision of a free appropriate public education. The results may be presented as evidence at a hearing regarding that pupil in accordance with the provisions of NAC 388.310 which relate to the introduction of evidence.

     7. If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be paid by the public agency.

     8. Whenever an independent educational evaluation is obtained at the public agency’s expense, the criteria established by the public agency for the circumstances under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to such an evaluation. Except as otherwise provided in this subsection, a public agency may not impose conditions or timelines on obtaining an independent educational evaluation at public expense.

     (Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 9-15-89; 9-13-91; 11-23-93; R085-99, 2-16-2000; R058-07, 10-31-2007)