(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 34‑424)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to education records; providing for the release of education records to certain persons under certain circumstances; providing civil and criminal immunity to certain persons under certain circumstances for the release or failure to release such records; 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. NRS 386.655 is hereby amended to read as follows:

1-2    386.655  1.  The department, the school districts and the public

1-3  schools shall, in operating the statewide automated system of information

1-4  established pursuant to NRS 386.650, comply with the provisions of:

1-5    (a) For all pupils, the Family Educational Rights and Privacy Act, 20

1-6  U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

1-7    (b) For pupils with disabilities who are enrolled in programs of special

1-8  education, the provisions governing access to education records and

1-9  confidentiality of information prescribed in the Individuals with

1-10  Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations

1-11  adopted pursuant thereto.

1-12    2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) , [and] any

1-13  other applicable federal law[,] and the laws of this state, a public school

1-14  shall not release the education records of a pupil to a person or an agency

1-15  of a federal, state or local government without the written consent of the

1-16  parent or legal guardian of the pupil.

1-17    3.  In addition to the record required pursuant to 20 U.S.C. §

1-18  1232g(b)(4)(A), each school district shall maintain within the statewide

1-19  automated system of information an electronic record of all persons and

2-1  agencies who have requested the education record of a pupil or obtained

2-2  access to the education record of a pupil, or both, pursuant to 20 U.S.C. §

2-3  1232g. The electronic record must be maintained and may only be

2-4  disclosed in accordance with the provisions of 20 U.S.C. § 1232g.

2-5    4.  The right accorded to a parent or legal guardian of a pupil pursuant

2-6  to subsection 2 devolves upon the pupil on the date on which he attains the

2-7  age of 18 years.

2-8    5.  As used in this section, unless the context otherwise requires,

2-9  “education records” has the meaning ascribed to it in 20 U.S.C. §

2-10  1232g(a)(4).

2-11    Sec. 2.  NRS 392.029 is hereby amended to read as follows:

2-12    392.029  1.  If a parent or legal guardian of a pupil requests the

2-13  education records of the pupil, a public school shall comply with the

2-14  provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

2-15    2.  If a parent or legal guardian of a pupil reviews the education records

2-16  of the pupil and requests an amendment or other change to the education

2-17  records, a public school shall comply with the provisions of 20 U.S.C. §

2-18  1232g(a) and 34 C.F.R. Part 99.

2-19    3.  [Except as otherwise provided in 20 U.S.C. § 1232g(b), a] A public

2-20  school shall not release the education records of a pupil to a person, agency

2-21  or organization without the written consent of the parent or legal guardian

2-22  of the pupil[.] , except for a release of education records without

2-23  consent:

2-24    (a) To a juvenile probation officer, law enforcement officer or district

2-25  attorney who is conducting an investigation pursuant to chapter 62 or

2-26  392 of NRS; or

2-27    (b) As otherwise authorized pursuant to 20 U.S.C. § 1232g(b).

2-28  Upon receipt of information pursuant to this subsection, a person

2-29  receiving the information shall certify in writing to the public school that

2-30  the information received will not be disclosed to any other person except

2-31  as otherwise provided by state law without the prior written consent of

2-32  the parent or guardian of the pupil.

2-33    4.  If a public school administers a program which includes a survey,

2-34  analysis or evaluation that is designed to elicit the information described in

2-35  20 U.S.C. § 1232h, it must comply with the provisions of that section.

2-36    5.  A right accorded to a parent or legal guardian of a pupil pursuant to

2-37  the provisions of this section devolves upon the pupil on the date on which

2-38  he attains the age of 18 years.

2-39    6.  A public school shall, at least annually, provide to each pupil who is

2-40  at least 18 years of age and to a parent or legal guardian of each pupil who

2-41  is not at least 18 years of age, written notice of his rights pursuant to this

2-42  section.

2-43    7.  The provisions of this section:

2-44    (a) Are intended to ensure that each public school complies with the

2-45  provisions of 20 U.S.C. §§ 1232g and 1232h;

2-46    (b) Must, to the extent possible, be construed in a manner that is

2-47  consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted

2-48  pursuant thereto;

3-1    (c) Apply to a public school regardless of whether the school receives

3-2  money from the Federal Government; and

3-3    (d) Do not impair any right, obligation or prohibition established

3-4  pursuant to [chapter] chapters 62 and 432B of NRS.

3-5    8.  The state board may adopt such regulations as are necessary to

3-6  ensure that public schools comply with the provisions of this section.

3-7    9.  A public school or an employee of a public school who, in good

3-8  faith, releases or fails to release education records pursuant to subsection

3-9  3 is immune from civil or criminal liability for releasing or failing to

3-10  release education records pursuant to subsection 3 unless the public

3-11  school or employee of the public school acted with gross negligence.

3-12    10.  As used in this section, unless the context otherwise requires,

3-13  “education records” has the meaning ascribed to it in 20 U.S.C. §

3-14  1232g(a)(4).

3-15    Sec. 3.  This act becomes effective upon passage and approval.

 

3-16  H