requires two-thirds majority vote (§§ 1, 4)
S.B. 339
Senate Bill No. 339–Committee on Judiciary
(On Behalf of Nevada Sheriffs and Chiefs Association)
March 14, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Provides for release of education record to certain persons under certain circumstances. (BDR 5‑424)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to education records; providing for the release of education records to certain persons under certain circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 62 of NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. A juvenile probation officer may inspect the education records of a
1-4 child, including, without limitation, records of discipline by a school, to
1-5 conduct a preliminary inquiry pursuant to NRS 62.128 when a juvenile
1-6 probation officer receives a complaint that a child:
1-7 (a) Has committed a delinquent offense; or
1-8 (b) Is in need of supervision.
1-9 2. Upon receipt of information pursuant to this section, a juvenile
1-10 probation officer shall certify in writing to the school that the
1-11 information received will not be disclosed to any other person except as
1-12 otherwise provided by state law without the prior written consent of the
1-13 parent or guardian of the child.
1-14 3. As used in this section, unless the context otherwise requires,
1-15 “education records” has the meaning ascribed to it in 20 U.S.C. §
1-16 1232g(a)(4).
1-17 Sec. 2. NRS 385.347 is hereby amended to read as follows:
1-18 385.347 1. The board of trustees of each school district in this state,
1-19 in cooperation with associations recognized by the state board as
1-20 representing licensed personnel in education in the district, shall adopt a
2-1 program providing for the accountability of the school district to the
2-2 residents of the district and to the state board for the quality of the schools
2-3 and the educational achievement of the pupils in the district, including,
2-4 without limitation, pupils enrolled in charter schools in the school district.
2-5 2. The board of trustees of each school district shall, on or before
2-6 March 31 of each year, report to the residents of the district concerning:
2-7 (a) The educational goals and objectives of the school district.
2-8 (b) Pupil achievement for grades 4, 8, 10 and 11 for each school in the
2-9 district and the district as a whole, including, without limitation, each
2-10 charter school in the district.
2-11 Unless otherwise directed by the department, the board of trustees of the
2-12 district shall base its report on the results of the examinations administered
2-13 pursuant to NRS 389.015 and shall compare the results of those
2-14 examinations for the current school year with those of previous school
2-15 years. The report must include, for each school in the district, including,
2-16 without limitation, each charter school in the district, and each grade in
2-17 which the examinations were administered:
2-18 (1) The number of pupils who took the examinations;
2-19 (2) An explanation of instances in which a school was exempt from
2-20 administering or a pupil was exempt from taking an examination; and
2-21 (3) A record of attendance for the period in which the examinations
2-22 were administered, including an explanation of any difference in the
2-23 number of pupils who took the examinations and the number of pupils who
2-24 are enrolled in the school.
2-25 In addition, the board shall also report the results of other examinations of
2-26 pupil achievement administered to pupils in the school district in grades
2-27 other than 4, 8, 10 and 11. The results of these examinations for the current
2-28 school year must be compared with those of previous school years.
2-29 (c) The ratio of pupils to teachers in kindergarten and at each grade
2-30 level for each elementary school in the district and the district as a whole,
2-31 including, without limitation, each charter school in the district, the
2-32 average class size for each required course of study for each secondary
2-33 school in the district and the district as a whole, including, without
2-34 limitation, each charter school in the district, and other data concerning
2-35 licensed and unlicensed employees of the school district.
2-36 (d) The percentage of classes taught by teachers who have been
2-37 assigned to teach English, mathematics, science or social studies but do not
2-38 possess a license with an endorsement to teach in that subject area, for each
2-39 school in the district and the district as a whole, including, without
2-40 limitation, each charter school in the district.
2-41 (e) The total expenditure per pupil for each school in the district and the
2-42 district as a whole, including, without limitation, each charter school in the
2-43 district.
2-44 (f) The curriculum used by the school district, including:
2-45 (1) Any special programs for pupils at an individual school; and
2-46 (2) The curriculum used by each charter school in the district.
2-47 (g) Records of the attendance and truancy of pupils in all grades,
2-48 including, without limitation, the average daily attendance of pupils, for
3-1 each school in the district and the district as a whole, including, without
3-2 limitation, each charter school in the district.
3-3 (h) The annual rate of pupils who drop out of school in grades 9 to 12,
3-4 inclusive, for each such grade, for each school in the district and for the
3-5 district as a whole, excluding pupils who:
3-6 (1) Provide proof to the school district of successful completion of
3-7 the examinations of general educational development.
3-8 (2) Are enrolled in courses that are approved by the department as
3-9 meeting the requirements for an adult standard diploma.
3-10 (3) Withdraw from school to attend another school.
3-11 (i) Records of attendance of teachers who provide instruction, for each
3-12 school in the district and the district as a whole, including, without
3-13 limitation, each charter school in the district.
3-14 (j) Efforts made by the school district and by each school in the district,
3-15 including, without limitation, each charter school in the district, to
3-16 increase:
3-17 (1) Communication with the parents of pupils in the district; and
3-18 (2) The participation of parents in the educational process and
3-19 activities relating to the school district and each school, including, without
3-20 limitation, the existence of parent organizations and school advisory
3-21 committees.
3-22 (k) Records of incidents involving weapons or violence for each school
3-23 in the district, including, without limitation, each charter school in the
3-24 district.
3-25 (l) Records of incidents involving the use or possession of alcoholic
3-26 beverages or controlled substances for each school in the district,
3-27 including, without limitation, each charter school in the district.
3-28 (m) Records of the suspension and expulsion of pupils required or
3-29 authorized pursuant to NRS 392.466 and 392.467.
3-30 (n) The number of pupils who are deemed habitual disciplinary
3-31 problems pursuant to NRS 392.4655, for each school in the district and the
3-32 district as a whole, including, without limitation, each charter school in the
3-33 district.
3-34 (o) The number of pupils in each grade who are retained in the same
3-35 grade pursuant to NRS 392.125, for each school in the district and the
3-36 district as a whole, including, without limitation, each charter school in the
3-37 district.
3-38 (p) The transiency rate of pupils for each school in the district and the
3-39 district as a whole, including, without limitation, each charter school in the
3-40 district. For the purposes of this paragraph, a pupil is not transient if he is
3-41 transferred to a different school within the school district as a result of a
3-42 change in the zone of attendance by the board of trustees of the school
3-43 district pursuant to NRS 388.040.
3-44 (q) Each source of funding for the school district.
3-45 (r) The amount and sources of money received for remedial education
3-46 for each school in the district and the district as a whole, including, without
3-47 limitation, each charter school in the district.
3-48 (s) For each high school in the district, including, without limitation,
3-49 each charter school in the district, the percentage of pupils who graduated
4-1 from that high school or charter school in the immediately preceding year
4-2 and enrolled in remedial courses in reading, writing or mathematics at a
4-3 university or community college within the University and Community
4-4 College System of Nevada.
4-5 (t) The technological facilities and equipment available at each school,
4-6 including, without limitation, each charter school, and the district’s plan to
4-7 incorporate educational technology at each school.
4-8 (u) For each school in the district and the district as a whole, including,
4-9 without limitation, each charter school in the district, the number and
4-10 percentage of pupils who graduate with:
4-11 (1) A standard high school diploma.
4-12 (2) An adjusted diploma.
4-13 (3) A certificate of attendance.
4-14 (v) For each school in the district and the district as a whole, including,
4-15 without limitation, each charter school in the district, the number and
4-16 percentage of pupils who did not receive a high school diploma because the
4-17 pupils failed to pass the high school proficiency examination.
4-18 (w) The number of habitual truants who are reported to a school police
4-19 officer or law enforcement agency pursuant to paragraph (a) of subsection
4-20 2 of NRS 392.144 and the number of habitual truants who are referred to
4-21 an advisory board to review school attendance pursuant to [paragraph]
4-22 paragraphs (b) and (c) of subsection 2 of NRS 392.144, for each school in
4-23 the district and for the district as a whole.
4-24 (x) Such other information as is directed by the superintendent of public
4-25 instruction.
4-26 3. The records of attendance maintained by a school for purposes of
4-27 paragraph (i) of subsection 2 must include the number of teachers who are
4-28 in attendance at school and the number of teachers who are absent from
4-29 school. A teacher shall be deemed in attendance if the teacher is excused
4-30 from being present in the classroom by the school in which he is employed
4-31 for one of the following reasons:
4-32 (a) Acquisition of knowledge or skills relating to the professional
4-33 development of the teacher; or
4-34 (b) Assignment of the teacher to perform duties for cocurricular or
4-35 extracurricular activities of pupils.
4-36 4. The superintendent of public instruction shall:
4-37 (a) Prescribe forms for the reports required pursuant to subsection 2 and
4-38 provide the forms to the respective school districts.
4-39 (b) Provide statistical information and technical assistance to the school
4-40 districts to ensure that the reports provide comparable information with
4-41 respect to each school in each district and among the districts.
4-42 (c) Consult with a representative of the:
4-43 (1) Nevada State Education Association;
4-44 (2) Nevada Association of School Boards;
4-45 (3) Nevada Association of School Administrators;
4-46 (4) Nevada Parent Teachers Association;
4-47 (5) Budget division of the department of administration; and
4-48 (6) Legislative counsel bureau,
5-1 concerning the program and consider any advice or recommendations
5-2 submitted by the representatives with respect to the program.
5-3 5. The superintendent of public instruction may consult with
5-4 representatives of parent groups other than the Nevada Parent Teachers
5-5 Association concerning the program and consider any advice or
5-6 recommendations submitted by the representatives with respect to the
5-7 program.
5-8 6. On or before April 15 of each year, the board of trustees of each
5-9 school district shall submit to each advisory board to review school
5-10 attendance created in the county pursuant to NRS 392.126 the information
5-11 required in paragraph (g) of subsection 2.
5-12 Sec. 3. NRS 386.655 is hereby amended to read as follows:
5-13 386.655 1. The department, the school districts and the public
5-14 schools shall, in operating the statewide automated system of information
5-15 established pursuant to NRS 386.650, comply with the provisions of:
5-16 (a) For all pupils, the Family Educational Rights and Privacy Act, 20
5-17 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and
5-18 (b) For pupils with disabilities who are enrolled in programs of special
5-19 education, the provisions governing access to education records and
5-20 confidentiality of information prescribed in the Individuals with
5-21 Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations
5-22 adopted pursuant thereto.
5-23 2. Except as otherwise provided in 20 U.S.C. § 1232g(b) , [and] any
5-24 other applicable federal law[,] and the laws of this state, a public school
5-25 shall not release the education records of a pupil to a person or an agency
5-26 of a federal, state or local government without the written consent of the
5-27 parent or legal guardian of the pupil.
5-28 3. In addition to the record required pursuant to 20 U.S.C. §
5-29 1232g(b)(4)(A), each school district shall maintain within the statewide
5-30 automated system of information an electronic record of all persons and
5-31 agencies who have requested the education record of a pupil or obtained
5-32 access to the education record of a pupil, or both, pursuant to 20 U.S.C. §
5-33 1232g. The electronic record must be maintained and may only be
5-34 disclosed in accordance with the provisions of 20 U.S.C. § 1232g.
5-35 4. The right accorded to a parent or legal guardian of a pupil pursuant
5-36 to subsection 2 devolves upon the pupil on the date on which he attains the
5-37 age of 18 years.
5-38 5. As used in this section, unless the context otherwise requires,
5-39 “education records” has the meaning ascribed to it in 20 U.S.C. §
5-40 1232g(a)(4).
5-41 Sec. 4. NRS 392.029 is hereby amended to read as follows:
5-42 392.029 1. If a parent or legal guardian of a pupil requests the
5-43 education records of the pupil, a public school shall comply with the
5-44 provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.
5-45 2. If a parent or legal guardian of a pupil reviews the education records
5-46 of the pupil and requests an amendment or other change to the education
5-47 records, a public school shall comply with the provisions of 20 U.S.C. §
5-48 1232g(a) and 34 C.F.R. Part 99.
6-1 3. [Except as otherwise provided in 20 U.S.C. § 1232g(b), a] A public
6-2 school shall not release the education records of a pupil to a person, agency
6-3 or organization without the written consent of the parent or legal guardian
6-4 of the pupil[.] , except for a release of education records without
6-5 consent:
6-6 (a) To members of the advisory board to review school attendance to
6-7 the extent necessary for the advisory board to carry out its duties
6-8 pursuant to NRS 392.146 and 392.147;
6-9 (b) To a juvenile probation officer, law enforcement officer or district
6-10 attorney who is conducting an investigation of truancy pursuant to
6-11 chapters 62 and 392 of NRS;
6-12 (c) To a juvenile probation officer conducting a preliminary inquiry
6-13 pursuant to NRS 62.128, as provided in section 1 of this act; or
6-14 (d) As otherwise authorized pursuant to 20 U.S.C. § 1232g(b).
6-15 Upon receipt of information pursuant to this subsection, a person
6-16 receiving the information shall certify in writing to the public school that
6-17 the information received will not be disclosed to any other person except
6-18 as otherwise provided by state law without the prior written consent of
6-19 the parent or guardian of the pupil.
6-20 4. If a public school administers a program which includes a survey,
6-21 analysis or evaluation that is designed to elicit the information described in
6-22 20 U.S.C. § 1232h, it must comply with the provisions of that section.
6-23 5. A right accorded to a parent or legal guardian of a pupil pursuant to
6-24 the provisions of this section devolves upon the pupil on the date on which
6-25 he attains the age of 18 years.
6-26 6. A public school shall, at least annually, provide to each pupil who is
6-27 at least 18 years of age and to a parent or legal guardian of each pupil who
6-28 is not at least 18 years of age, written notice of his rights pursuant to this
6-29 section.
6-30 7. The provisions of this section:
6-31 (a) Are intended to ensure that each public school complies with the
6-32 provisions of 20 U.S.C. §§ 1232g and 1232h;
6-33 (b) Must, to the extent possible, be construed in a manner that is
6-34 consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted
6-35 pursuant thereto;
6-36 (c) Apply to a public school regardless of whether the school receives
6-37 money from the Federal Government; and
6-38 (d) Do not impair any right, obligation or prohibition established
6-39 pursuant to [chapter] chapters 62 and 432B of NRS.
6-40 8. The state board may adopt such regulations as are necessary to
6-41 ensure that public schools comply with the provisions of this section.
6-42 9. A public school or an employee of a public school who, in good
6-43 faith, releases or fails to release education records pursuant to subsection
6-44 3 is immune from civil or criminal liability for releasing or failing to
6-45 release education records pursuant to subsection 3 unless the public
6-46 school or employee of the public school acted with gross negligence.
6-47 10. As used in this section, unless the context otherwise requires,
6-48 “education records” has the meaning ascribed to it in 20 U.S.C. §
6-49 1232g(a)(4).
7-1 Sec. 5. NRS 392.144 is hereby amended to read as follows:
7-2 392.144 1. If a pupil has one or more unapproved absences from
7-3 school, the school in which the pupil is enrolled shall take reasonable
7-4 actions designed, as applicable, to encourage, enable or convince the pupil
7-5 to attend school.
7-6 2. If a pupil is a habitual truant pursuant to NRS 392.140, the principal
7-7 of the school shall:
7-8 (a) Report the pupil to a school police officer or to the local law
7-9 enforcement agency for investigation and issuance of a citation, if
7-10 warranted, in accordance with NRS 392.149; [or]
7-11 (b) If the parent or legal guardian of a pupil has signed a written consent
7-12 pursuant to subsection 4, submit a written referral of the pupil to the
7-13 advisory board to review school attendance in the county in accordance
7-14 with NRS 392.146[.] ; or
7-15 (c) If the parent or legal guardian of a pupil refuses to sign a written
7-16 consent pursuant to subsection 4, submit a written referral of the pupil to
7-17 the advisory board to review school attendance in the county in
7-18 accordance with NRS 392.146 and, upon request, release education
7-19 records to the advisory board in accordance with NRS 392.029.
7-20 3. The board of trustees of each school district shall adopt criteria to
7-21 determine whether the principal of a school shall report a pupil to a school
7-22 police officer or law enforcement agency pursuant to paragraph (a) of
7-23 subsection 2 or refer a pupil to an advisory board to review school
7-24 attendance pursuant to [paragraph] paragraphs (b) and (c) of subsection 2.
7-25 4. If the principal of a school makes an initial determination to submit
7-26 a written referral of a pupil to the advisory board to review school
7-27 attendance, the principal shall notify the parent or legal guardian of the
7-28 pupil and request the parent or legal guardian to sign a written consent that
7-29 authorizes the school and, if applicable, the school district to release the
7-30 records of the pupil to the advisory board to the extent that such release is
7-31 necessary for the advisory board to carry out its duties pursuant to NRS
7-32 392.146 and 392.147. The written consent must comply with the applicable
7-33 requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent
7-34 or legal guardian refuses to sign the consent, the principal shall [report] :
7-35 (a) Report the pupil to a school police officer or to a local law
7-36 enforcement agency pursuant to paragraph (a) of subsection 2[.] ; or
7-37 (b) Submit a written referral of the pupil to the advisory board to
7-38 review school attendance pursuant to paragraph (c) of subsection 2.
7-39 Sec. 6. This act becomes effective upon passage and approval.
7-40 H