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 Health Insurance Portability and Accountability Act of 1996 and its corresponding regulations: (1) protect the privacy of certain individually 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.) 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.) 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) 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 Sections 2-6.3 of this bill provide that, if any of these federal laws or regulations are repealed by the Federal Government, the provisions of the repealed federal laws or regulations, as they existed on January 1, 2025, continue to apply in this State. Section 2 additionally provides that, if the Individuals with Disabilities Education Act is repealed, a person who previously had the right to bring a civil action in a district court of the United States is authorized to bring such an action in a court of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. Section 6.7 of this bill requires the Department of Education to, if any such federal laws are repealed: (1) not later than 6 months after such a repeal, adopt regulations to carry out the provisions of the repealed federal law in this State; and (2) carry out the provisions of the repealed federal law in this State. Section 6.3 requires the Interim Finance Committee to make certain determinations regarding certain block grants provided by the Federal Government before accepting such block grants. Section 7 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