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- 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federal laws and regulations are repealed by the Federal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repealed by the Federal Government; and providing other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 limitati on,
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repealed by the Federal Government, in whole or in part, the Department of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provisions of federal laws and regulations which have been repealed; and (2) an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federal law which were repealed should be incorporated into the Nevada Revised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laws or regulations which were repealed.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. Pa rt 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 pr epare 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 Fed eral 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
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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 definition s 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 cer tain
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 whi ch 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
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(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 analys is 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, wh ich 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 regulati ons 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 regul ations 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 continu es 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
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repealed by the Feder al 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 Legis lative 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 app ropriated 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
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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 accura te 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 setti ng 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 di sability 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
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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 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If Title IX of the Education Amendments Act of 1972, 20
U.S.C. §§ 1681 et seq., and any regulations adopted pursuant
thereto, are repealed by the Federal Government, in whole or in
part, the Board of Regents 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 o f Title IX of the Education Amendments Act of
1972, 20 U.S.C. §§ 1681 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 pe rformance of any duty or the administration of
any program or service carried out pursuant to the provisions of
Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§
1681 et seq., continues without interruption.
(b) An analysis of existing provis ions of the Nevada Revised
Statutes to determine whether any provisions of Title IX of the
Education Amendments Act of 1972, 20 U.S.C. §§ 1681 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.
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3. The Board of Regents may adopt regulations which are
substantially similar to any provisions of Title IX of the Education
Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., which were
repealed by the Federal Government.
Sec. 7.3. Chapter 232 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§
2000d et seq., or any regulations adopted pursuant thereto, are
repealed by the Federal Government, in whole or in part, the
Division of Human Resource Management of 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 Title VI of the Civil Rights Act of 1964, 42 U.S.C.
§§ 2000d 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 Title VI of the
Civil Rights A ct of 19 64, 42 U.S.C. §§ 2000d et s eq., and any
regulations adopted pursuant thereto continues without
interruption.
(b) An analysis of existing provisions of the Nevada Revised
Statutes to determine whether any provisions of Title VI of the
Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., and any
regulations adopted pursuant thereto should be incorporated into
the Nevada Revised Statutes and an assessment of possible sources
of funding to carry out such provisions.
2. The Division of Human Resource Management 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 Government
Affairs;
(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 Title VI of the Civil
Rights Act of 1964, 42 U.S.C. §§ 2000d et seq., which were
repealed by the Federal Government.
Sec. 7.5. NRS 232.212 is hereby amended to read as follows:
232.212 As used in NRS 232.212 to 232.2198, inclusive, and
section 7.3 of this act, unless the context requires otherwise:
1. “Department” means the Department of Administration.
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2. “Director” means the Director of the Department.
3. “Public body” has the meaning ascribed to it in
NRS 241.015.
Sec. 7.7. Chapter 439 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. If the Health Insurance Portability and Accountability Act
of 1996, Public Law 104 -191, 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 pursuant to the repealed provisions of the Health
Insurance Portability and Accountability Act of 1996, Public Law
104-191, and any regulations adopted pursuant thereto, using
federal funding or funds appropr iated by the Legislature for the
then-current biennium, in a manner which ensure s that the
performance of any duty carried out pursuant to the provisions of
the Health Insurance Portability and Accountability Act of 1996,
Public Law 104 -191, and any regula tions adopted pursuant
thereto continues without interruption.
(b) An analysis of existing provisions of the Nevada Revised
Statutes to determine whether any provisions of the Health
Insurance Portability and Accountability Act of 1996, Public Law
104-191, and any regulations adopted pursuant thereto, 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 Health and
Human Services;
(b) The Interim Finance Committee; and
(c) The next regular session of the Legislature.
3. The State Boar d of Health may adopt regulations which
are substantially similar to any provisions of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104 -191,
and any regulations adopted pursuant thereto, which were
repealed by the Federal Government.
Sec. 8. (Deleted by amendment.)
Sec. 8.5. The provisions of NRS 218D.380 do not apply to any
provision of this act which adds or revises a requirement to submit a
report to the Legislature.
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Sec. 9. This act becomes effective upon passage and approval.
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