AB494 - Revises provisions relating to education. (BDR 34-1136)

- 83rd Session (2025) Assembly Bill No. 494–Committee on Education CHAPTER.......... AN ACT relating to governmental administration; requiring certain state agencies to prepare a report if the provisions of certain federal laws and regulations are repealed by the Federal Government; authorizing such state agencies to adopt certain regulations if such federal laws and applicable regulations are repealed by the Federal Government; and providing other matters properly relating thereto. Legislative Counsel’s Digest: The federal Individuals with Disabilities Education Act and its corresponding regulations govern how states and public agencies provide early intervention, special education and related services to pupils with disabilities. (20 U.S.C. §§ 1400 et seq.; 34 C.F.R. Part 300) The federal Family Educational Rights and Privacy Act of 1974 and its corresponding regulations set forth certain requirements governing the privacy and availability of education records at schools and institutions that receive federal funding. (20 U.S.C. § 1232g; 34 C.F.R. Part 99) The federal Every Student Succeeds Act of 2015 sets forth, without limitation, certain requirements for accountability, assessment and instruction to which a state must adhere to receive federal funding. (20 U.S.C. §§ 6301 et seq.) Sections 2, 3 and 6.3 of this bill provide that, if any of these federal laws or regulations are repealed by the Federal Government, in whole or in part, the Department of Education is required to prepare a report which includes: (1) recommendations concerning how funding may be used to continue carrying out duties pursuant to provisions of federal laws and regulations which have been repealed; and (2) an analysis of the Nevada Revised Statutes to determine if provisions of the relevant federal law which were repealed should be incorporated into the Nevada Revised Statutes. Sections 2, 3 and 6.3 additionally authorize the Department to adopt regulations which are substantially similar to any provisions of the relevant federal laws or regulations which were repealed. Section 7 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Existing federal law prohibits discrimination based on sex in programs or activities of education that receive federal funding. (Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.; 34 C.F.R. Part 106) Section 7.1 of this bill requires the Board of Regents of the University of Nevada, if Title IX of the Education Amendments Act of 1972, or the regulations adopted pursuant thereto, are repealed by the Federal Government, in whole or in part, to prepare a report which is substantially similar to the reports required pursuant to sections 2, 3 and 6.3 and authorizes the Board of Regents to adopt regulations which are substantially similar to any provisions of Title IX of the Education Amendments Act of 1972 or the regulations adopted pursuant thereto which were repealed. Existing federal law prohibits discrimination based on race, color or national origin in any program or activity that receives federal funding. (Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.) Section 7.3 of this bill requires the Division of Human Resource Management of the Department of Administration, if Title VI of the Civil Rights Act of 1964 or the regulations adopted pursuant thereto are repealed by the Federal Government, in whole or in part, to prepare a report which is substantially similar to the reports required pursuant to sections 2, 3 and 6.3 and authorizes the Department of Administration to adopt regulations which are – 2 – - 83rd Session (2025) substantially similar to any provisions of Title VI of the Civil Rights Act of 1964 or the regulations adopted pursuant thereto which were repealed. Section 7.5 of this bill applies certain definitions relating to the Department of Administration to the provisions of section 7.3. The federal Health Insurance Portability and Accountability Act of 1996 and its corresponding regulations: (1) protect the privacy of certain personally identifiable health information; and (2) include provisions concerning the disclosure of such health information by certain covered entities, including, without limitation, health care providers who transmit electronically such health information in certain transactions. (Pub. L. No. 104-191; 42 U.S.C. §§ 1320d et seq.) Section 7.7 of this bill requires the Department of Health and Human Services, if the Health Insurance Portability and Accountability Act of 1996 or the regulations adopted pursuant thereto are repealed by the Federal Government, in whole or in part, to prepare a report which is substantially similar to the reports required pursuant to sections 2, 3 and 6.3 and authorizes the Department of Health and Human Services to adopt regulations which are substantially similar to any provisions of the Health Insurance Portability and Accountability Act of 1996 or the regulations adopted pursuant thereto which were repealed. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.7, inclusive, of this act. Sec. 2. 1. If the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto, are repealed by the Federal Government, in whole or in part, the Department shall prepare a report which includes: (a) Recommendations for methods to continue funding services, accommodations, supports and programs carried out in this State pursuant to the repealed provisions of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto, using federal funding or funds appropriated by the Legislature for the then-current biennium, in a manner which: (1) Ensures that there is no decrease in funding for such services, accommodations, supports and programs; (2) Ensures that pupils with disabilities continue receiving such services, accommodations and supports without interruption; (3) Ensures that the administration of any programs pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto continues without interruption; and – 3 – - 83rd Session (2025) (4) Does not violate any requirements governing the use of such funding, including, without limitation, requirements relating to maintenance of effort or the use of funding to supplement and not supplant other sources of funding. (b) An analysis of existing provisions of the Nevada Revised Statutes related to pupils with disabilities to determine whether any provisions of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto, which were repealed by the Federal Government should be incorporated into the Nevada Revised Statutes and an assessment of possible sources of funding to carry out such provisions. 2. The Department shall submit the report required pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to: (a) The Joint Interim Standing Committee on Education; (b) The Interim Finance Committee; and (c) The next regular session of the Legislature. 3. The Department may adopt regulations which are substantially similar to any provisions of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and any regulations adopted pursuant thereto, which were repealed by the Federal Government. Sec. 3. 1. If the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, are repealed by the Federal Government, in whole or in part, the Department, in collaboration with the Nevada System of Higher Education, shall prepare a report which includes: (a) Recommendations for methods to continue carrying out any duties pursuant to the repealed provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, using federal funding or funds appropriated by the Legislature for the then- current biennium, in a manner which ensures that the performance of any duty carried out pursuant to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, which were repealed by the Federal Government continues without interruption. (b) An analysis of existing provisions of the Nevada Revised Statutes to determine whether any provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, which were – 4 – - 83rd Session (2025) repealed by the Federal Government should be incorporated into the Nevada Revised Statutes and an assessment of possible sources of funding to carry out such provisions. 2. The Department shall submit the report required pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to: (a) The Joint Interim Standing Committee on Education; (b) The Interim Finance Committee; and (c) The next regular session of the Legislature. 3. The Department, in collaboration with the System, may adopt regulations which are substantially similar to any provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, which were repealed by the Federal Government. Secs. 4-6. (Deleted by amendment.) Sec. 6.3. 1. If the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and any regulations adopted pursuant thereto, are repealed by the Federal Government, in whole or in part, the Department shall prepare a report which includes: (a) Recommendations for methods to continue carrying out any duties or administering any programs or services pursuant to the provisions of the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., and any regulations adopted pursuant thereto, using federal funding or funds appropriated by the Legislature for the then-current biennium, in a manner which ensures that the performance of any duty or the administration of any program or service carried out pursuant to the provisions of the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., continues without interruption. (b) An analysis of existing provisions of the Nevada Revised Statutes to determine whether any provisions of the Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., should be incorporated into the Nevada Revised Statutes and an assessment of possible sources of funding to carry out such provisions. 2. The Department shall submit the report required pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to: (a) The Joint Interim Standing Committee on Education; (b) The Interim Finance Committee; and (c) The next regular session of the Legislature. 3. The Department may adopt regulations which are substantially similar to any provisions of the Every Student – 5 – - 83rd Session (2025) Succeeds Act of 2015, 20 U.S.C. §§ 6301 et seq., which were repealed by the Federal Government. Secs. 6.5 and 6.7. (Deleted by amendment.) Sec. 7. NRS 388.417 is hereby amended to read as follows: 388.417 As used in NRS 388.417 to 388.515, inclusive [:] , and section 2 of this act: 1. “Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communication which may include, without limitation: (a) American Sign Language; (b) English-based manual or sign systems; (c) Oral and aural communication; (d) Spoken and written English, including speech reading or lip reading; and (e) Communication with assistive technology devices. 2. “Dyslexia” means a neurological learning disability characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language. 3. “Dyslexia intervention” means systematic, multisensory intervention offered in an appropriate setting that is derived from evidence-based research. 4. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A). 5. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B). 6. “Provider of special education” means a school within a school district or charter school that provides education or services to pupils with disabilities or any other entity that is responsible for providing education or services to a pupil with a disability for a school district or charter school. 7. “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program. 8. “Pupil with a disability” means a “child with a disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 years of age. 9. “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs – 6 – - 83rd Session (2025) of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services. 10. “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage. Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations. The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia. Sec. 7.1. Chapter 396 [Text truncated for display. Full text available on LegiScan.]