Nevada Code § 388.423

Department required to prepare report in event of repeal of federal Individuals with Disabilities Education Act; contents of report; submission of report
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1. If the Individuals with Disabilities
Education Act, 20 U.S.C. 1400 et seq., and any regulations adopted pursuant
thereto, are repealed by the Federal Government, in whole or in part, the
Department shall prepare a report which includes:
(a) Recommendations for methods to continue
funding services, accommodations, supports and programs carried out in this
State pursuant to the repealed provisions of the Individuals with Disabilities
Education Act, 20 U.S.C. 1400 et seq., and any regulations adopted pursuant
thereto, using federal funding or funds appropriated by the Legislature for the
then-current biennium, in a manner which:
(1) Ensures that there is no decrease in
funding for such services, accommodations, supports and programs;
(2) Ensures that pupils with disabilities
continue receiving such services, accommodations and supports without
interruption;
(3) Ensures that the administration of any
programs pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.
 1400 et seq., and any regulations adopted pursuant thereto continues without
interruption; and
(4) Does not violate any requirements
governing the use of such funding, including, without limitation, requirements
relating to maintenance of effort or the use of funding to supplement and not
supplant other sources of funding.
(b) An analysis of existing provisions of the
Nevada Revised Statutes related to pupils with disabilities to determine
whether any provisions of the Individuals with Disabilities Education Act, 20
U.S.C. 1400 et seq., and any regulations adopted pursuant thereto, which
were repealed by the Federal Government should be incorporated into the Nevada
Revised Statutes and an assessment of possible sources of funding to carry out
such provisions.
2. The Department shall submit the report
required pursuant to subsection 1 to the Director of the Legislative Counsel
Bureau for transmittal to:
(a) The Joint Interim Standing Committee on
Education;
(b) The Interim Finance Committee; and
(c) The next regular session of the Legislature.
3. The Department may adopt regulations
which are substantially similar to any provisions of the Individuals with
Disabilities Education Act, 20 U.S.C. 1400 et seq., and any regulations
adopted pursuant thereto, which were repealed by the Federal Government.

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