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 Sections 2, 3 and 6.3 of this bill provide that, if any of these federal laws or regulations are repealed by the Federal Government, in whole or in part, the Department of Education is required to prepare a report which includes: (1) recommendations concerning how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may be used to continue carrying out duties pursuant to provisions of federal laws and regulations which have been repealed; and (2) an analysis of the Nevada Revised Statutes to determine if provisions of the relevant federal law which were repealed should be incorporated into the Nevada Revised Statutes.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regulations which are substantially similar to any provisions of the relevant federal laws or regulations which were repealed.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of Nevada, if Title IX of the Education Amendments Act of 1972, or the regulations adopted pursuant thereto, are repealed by the Federal Government, in whole or in part, to prepare a report which is substantially similar to the reports required pursuant to sections 2, 3 and 6.3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provisions of Title IX of the Education Amendments Act of 1972 or the regulations adopted pursuant thereto which were repealed.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 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.

Statutes affected:
As Introduced: 388.417
Reprint 1: 388.417
Reprint 2: 388.417
Reprint 3: 388.417, 232.212
As Enrolled: 388.417, 232.212
BDR: 388.417