SB 368 — Revises provisions relating to education. (BDR 34-910)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B.

368 SENATE B ILLN O.O .

368–S368–SENATOR ENATORROGICH R OGICH M ARCH 17, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to education.

(NOTROEQUESTED(NOTCREQUESTED BAFFECTELOCALEGOVERNMENT)BAFFECTEDLOCALGOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;

providing in skeleton form 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with Disabilities Education Act and regulations adopted pursuant thereto continue to apply in this State if the Act is repealed by the Federal Government;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;

LegTheLegislative federalCounsel’s IndividualsDigest: with Disabilities Education Act governs how states and public agencies provide early intervention, special education and related services to pupils with disabilities.

The federal Individuals with Disabilities Education Act governs how states and pupils with disabilities.

§§ 1400 et seq.) Section 1 of this bill provides in skeleton form that, if the Act isor repealedany regulations adopted pursuant thereto are repealed, in whole or in part, by the Federal Government, the provisionsrepealed ofprovisions, the Act, as they existed on Julythe 1,effective 2025,date of this bill, continue to apply in this State.

Section 1 additionally provides that, if the Act isor repealed,any aregulations personadopted whopursuant previouslythereto had the right to bring a civil action in a district court of the United States is authorizedrepealed, to bring such an action in awhole courtor of competent jurisdiction of this placement of section 1 in thepart: Nevada Revised Statutes.e to indicate the proper - *SB368* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(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 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.

- *SB368_R1* – 2 – Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

If the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., is repealed by the Federal Government:

TheIf provisions of the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., asor theyany existedregulation onadopted Julypursuant 1,thereto 2025,is applyrepealed by the Federal Government, in thiswhole State;or in part:

(a) Any such repealed provision is hereby adopted by this State as it existed on the effective date of this act and such provision shall continue in force;

(b) Any person who had the right to bring a civil action in a district court of the United States under any such repealed provision may bring such an equivalent action in a court of competent jurisdiction of this State pursuant to this section;

(c) Any existing references to any such repealed provision in the Nevada Revised Statutes become references to the provision as it existed on the effective date of this act;

and (d) Any federal funding provided to this State for purposes relating to special education, the use of which is not otherwise restricted, shall be used, except as otherwise provided by the Legislature, for the purpose of identifying and evaluating pupils with disabilities and for providing services to pupils with disabilities pursuant to NRS 388.417 to 388.515, inclusive.

AnyThe personDepartment whoshall hadadopt theregulations rightas necessary to bringcarry aout civilthe actionprovisions in a district court of thethis Unitedact. States pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.

§3. 1415, may bring such an equivalent action in a court of competent jurisdiction of this State pursuant to subsection 1;

Nothing in this section shall be construed to alter the application of any other provision of chapters 388 and 3.392 of NRS.

Any existing references to the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., in the Nevada Revised Statutes become references to the Individuals with Disabilities Education Act, 20 U.S.C.

§§ 1400 et seq., as it existed on July 1, 2025.

(d) Spoken and written English, including speech reading or lip reading;

andn and written- English,*SB368_R1* including– speech3 reading– or lip (e) Communication with assistive technology devices.

- *SB368* – 3 – 6.

- *SB368_R1* – 4 – Sec.

This act becomes effective onupon Julypassage 1,and 2025.approval.

H - *SB368**SB368_R1*