SB368 - Revises provisions relating to education. (BDR 34-910)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B. 368 - *SB368_R1* SENATE BILL NO. 368–SENATOR ROGICH MARCH 17, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education. (BDR 34-910) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 1) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to education; providing that the provisions of the federal Individuals with Disabilities Education Act and regulations adopted pursuant thereto continue to apply in this State if the Act is repealed by the Federal Government; requiring certain actions to be taken if such a repeal occurs; authorizing certain persons to bring a civil action in a court of competent jurisdiction of this State if the Act is repealed; and providing other matters properly relating thereto. Legislative Counsel’s Digest: The federal Individuals with Disabilities Education Act governs how states and 1 public agencies provide early intervention, special education and related services to 2 pupils with disabilities. (20 U.S.C. §§ 1400 et seq.) Section 1 of this bill provides 3 that, if the Act or any regulations adopted pursuant thereto are repealed, in whole or 4 in part, by the Federal Government, the repealed provisions, as they existed on the 5 effective date of this bill, continue to apply in this State. Section 1 additionally 6 provides that, if the Act or any regulations adopted pursuant thereto is repealed, in 7 whole or in part: (1) a person who previously had the right to bring a civil action in 8 a district court of the United States is authorized to bring such an action in a court 9 of competent jurisdiction of this State; and (2) any federal funding for special 10 education is to be used for identifying and evaluating pupils with disabilities and 11 providing services to such pupils. Section 1 additionally authorizes the Department 12 of Education to adopt regulations to carry out the provisions of section 1 and 13 provides that the provisions of this bill are not to be construed as to affect any 14 requirements concerning pupils with disabilities set forth under existing state law. 15 – 2 – - *SB368_R1* Section 2 of this bill makes a conforming change to indicate the proper placement 16 of section 1 in the Nevada Revised Statutes. 17 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 1 thereto a new section to read as follows: 2 1. If the Individuals with Disabilities Education Act, 20 3 U.S.C. §§ 1400 et seq., or any regulation adopted pursuant thereto 4 is repealed by the Federal Government, in whole or in part: 5 (a) Any such repealed provision is hereby adopted by this State 6 as it existed on the effective date of this act and such provision 7 shall continue in force; 8 (b) Any person who had the right to bring a civil action in a 9 district court of the United States under any such repealed 10 provision may bring such an equivalent action in a court of 11 competent jurisdiction of this State pursuant to this section; 12 (c) Any existing references to any such repealed provision in 13 the Nevada Revised Statutes become references to the provision as 14 it existed on the effective date of this act; and 15 (d) Any federal funding provided to this State for purposes 16 relating to special education, the use of which is not otherwise 17 restricted, shall be used, except as otherwise provided by the 18 Legislature, for the purpose of identifying and evaluating pupils 19 with disabilities and for providing services to pupils with 20 disabilities pursuant to NRS 388.417 to 388.515, inclusive. 21 2. The Department shall adopt regulations as necessary to 22 carry out the provisions of this act. 23 3. Nothing in this section shall be construed to alter the 24 application of any other provision of chapters 388 and 392 of 25 NRS. 26 Sec. 2. NRS 388.417 is hereby amended to read as follows: 27 388.417 As used in NRS 388.417 to 388.515, inclusive [:] , 28 and section 1 of this act: 29 1. “Communication mode” means any system or method of 30 communication used by a person with a disability, including, 31 without limitation, a person who is deaf or whose hearing is 32 impaired, to facilitate communication which may include, without 33 limitation: 34 (a) American Sign Language; 35 (b) English-based manual or sign systems; 36 (c) Oral and aural communication; 37 (d) Spoken and written English, including speech reading or lip 38 reading; and 39 – 3 – - *SB368_R1* (e) Communication with assistive technology devices. 1 2. “Dyslexia” means a neurological learning disability 2 characterized by difficulties with accurate and fluent word 3 recognition and poor spelling and decoding abilities that typically 4 result from a deficit in the phonological component of language. 5 3. “Dyslexia intervention” means systematic, multisensory 6 intervention offered in an appropriate setting that is derived from 7 evidence-based research. 8 4. “Individualized education program” has the meaning 9 ascribed to it in 20 U.S.C. § 1414(d)(1)(A). 10 5. “Individualized education program team” has the meaning 11 ascribed to it in 20 U.S.C. § 1414(d)(1)(B). 12 6. “Provider of special education” means a school within a 13 school district or charter school that provides education or services 14 to pupils with disabilities or any other entity that is responsible for 15 providing education or services to a pupil with a disability for a 16 school district or charter school. 17 7. “Pupil who receives early intervening services” means a 18 person enrolled in kindergarten or grades 1 to 12, inclusive, who is 19 not a pupil with a disability but who needs additional academic and 20 behavioral support to succeed in a regular school program. 21 8. “Pupil with a disability” means a “child with a disability,” as 22 that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 23 years of age. 24 9. “Response to scientific, research-based intervention” means 25 a collaborative process which assesses a pupil’s response to 26 scientific, research-based intervention that is matched to the needs 27 of a pupil and that systematically monitors the level of performance 28 and rate of learning of the pupil over time for the purpose of making 29 data-based decisions concerning the need of the pupil for 30 increasingly intensified services. 31 10. “Specific learning disability” means a disorder in one or 32 more of the basic psychological processes involved in understanding 33 or using spoken or written language which is not primarily the result 34 of a visual, hearing or motor impairment, intellectual disability, 35 serious emotional disturbance, or an environmental, cultural or 36 economic disadvantage. Such a disorder may manifest itself in an 37 imperfect ability to listen, think, speak, read, write, spell or perform 38 mathematical calculations. The term includes, without limitation, 39 perceptual disabilities, brain injury, minimal brain dysfunction, 40 dyslexia and developmental aphasia. 41 Sec. 3. The provisions of NRS 354.599 do not apply to any 42 additional expenses of a local government that are related to the 43 provisions of this act. 44 – 4 – - *SB368_R1* Sec. 4. This act becomes effective upon passage and approval. 1 H