The federal Individuals with Disabilities Education Act governs how states and public agencies provide early intervention, special education and related services to pupils with disabilities. (20 U.S.C. §§ 1400 et seq.) Section 1 of this bill provides that, if the Act or any regulations adopted pursuant thereto are repealed, in whole or in part, by the Federal Government, the repealed provisions, as they existed on the effective date of this bill, continue to apply in this State. Section 1 additionally provides that, if the Act or any regulations adopted pursuant thereto is repealed, in whole or in part: (1) a person who previously had the right to bring a civil action in a district court of the United States is authorized to bring such an action in a court of competent jurisdiction of this State; and (2) any federal funding for special education is to be used for identifying and evaluating pupils with disabilities and providing services to such pupils. Section 1 additionally authorizes the Department of Education to adopt regulations to carry out the provisions of section 1 and provides that the provisions of this bill are not to be construed as to affect any requirements concerning pupils with disabilities set forth under existing state law. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

Statutes affected:
As Introduced: 388.417
Reprint 1: 388.417
BDR: 388.417