Amendment No. 849

 

 

 

 

     Amend the bill as a whole by deleting sections 1 through 40, renumbering sec. 41 as sec. 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

     “Section 1.  NRS 386.655 is hereby amended to read as follows:

     386.655  1.  The Department, the school districts and the public schools, including, without limitation, charter schools, shall, in operating the statewide automated system of information established pursuant to NRS 386.650, comply with the provisions of:

     (a) For all pupils, the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

     (b) For pupils with disabilities who are enrolled in programs of special education, the provisions governing access to education records and confidentiality of information prescribed in the Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c), and the regulations adopted pursuant thereto.

     2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) , [and] any other applicable federal law[,] and the laws of this state, a public school, including, without limitation, a charter school, shall not release the education records of a pupil to a person or an agency of a federal, state or local government without the written consent of the parent or legal guardian of the pupil.

     3.  In addition to the record required pursuant to 20 U.S.C. § 1232g(b)(4)(A), each school district shall maintain within the statewide automated system of information an electronic record of all persons and agencies who have requested the education record of a pupil or obtained access to the education record of a pupil, or both, pursuant to 20 U.S.C. § 1232g. The electronic record must be maintained and may only be disclosed in accordance with the provisions of 20 U.S.C. § 1232g. A charter school shall provide to the school district in which the charter school is located such information as is necessary for the school district to carry out the provisions of this subsection, regardless of the sponsor of the charter school.

     4.  The right accorded to a parent or legal guardian of a pupil pursuant to subsection 2 devolves upon the pupil on the date on which he attains the age of 18 years.

     5.  As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

     Sec. 2.  NRS 388.5315 is hereby amended to read as follows:

     388.5315  1.  A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district[.] , the pupil’s individualized education program team and the parent or guardian of the pupil. A law enforcement agency or district attorney may:

     (a) Upon request of a parent or guardian of a pupil, investigate the denial of rights of the pupil pursuant to NRS 388.521 to 388.5315, inclusive; and

     (b) Upon consent of a parent or guardian of a pupil, receive a copy of the notice of denial of rights of the pupil.

     2.  If the board of trustees of a school district receives notice of a denial of rights pursuant to subsection 1, it shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.

     3.  The Department:

     (a) Shall receive reports made pursuant to subsection 2;

     (b) May investigate apparent violations of the rights of pupils with disabilities; and

     (c) May act to resolve disputes relating to apparent violations.”.

     Amend the bill as whole by deleting sections 42 through 67, renumbering sec. 68 as sec. 13 and adding new sections designated sections 4 through 12, following sec. 41, to read as follows:

     “Sec. 4.  NRS 392.029 is hereby amended to read as follows:

     392.029  1.  If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

     2.  If a parent or legal guardian of a pupil reviews the education records of the pupil and requests an amendment or other change to the education records, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

     3.  [Except as otherwise provided in 20 U.S.C. § 1232g(b), a] A public school shall not release the education records of a pupil to a person, agency or organization without the written consent of the parent or legal guardian of the pupil[.] , except for a release of education records without consent:

     (a) To a juvenile probation officer, law enforcement officer or district attorney who is conducting an investigation of truancy pursuant to chapter 62 or 392 of NRS;

     (b) To a juvenile probation officer, law enforcement officer or district attorney who is conducting an investigation of a threat pursuant to NRS 392.915;

     (c) To a juvenile probation officer conducting a preliminary inquiry pursuant to NRS 62.128; or

     (d) As otherwise authorized by 20 U.S.C. § 1232g(b).

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Upon receipt of information pursuant to this subsection, a person receiving the information shall certify in writing to the public school that the information received will not be disclosed to any other person except as otherwise provided by state law without the prior consent of the parent or guardian of the pupil.

     4.  If a public school administers a program which includes a survey, analysis or evaluation that is designed to elicit the information described in 20 U.S.C. § 1232h, it must comply with the provisions of that section.

     5.  A right accorded to a parent or legal guardian of a pupil pursuant to the provisions of this section devolves upon the pupil on the date on which he attains the age of 18 years.

     6.  A public school shall, at least annually, provide to each pupil who is at least 18 years of age and to a parent or legal guardian of each pupil who is not at least 18 years of age, written notice of his rights pursuant to this section.

     7.  The provisions of this section:

     (a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h;

     (b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations adopted pursuant thereto;

     (c) Apply to a public school regardless of whether the school receives money from the Federal Government; and

     (d) Do not impair any right, obligation or prohibition established pursuant to [chapter] chapters 62 and 432B of NRS.

     8.  The State Board may adopt such regulations as are necessary to ensure that public schools comply with the provisions of this section.

     9.  A public school or an employee of a public school who, in good faith, releases or fails to release education records pursuant to subsection 3 is immune from civil or criminal liability for releasing or failing to release education records pursuant to subsection 3 unless the public school or employee of the public school acted with gross negligence.

     10. As used in this section, unless the context otherwise requires, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

     Sec. 5.  Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  It is unlawful for a person knowingly to use or attempt to use a false or misleading educational credential in connection with any education, business, employment, occupation, profession, trade or public office.

     2.  For the purposes of this section, an educational credential is false or misleading if it:

     (a) States or suggests that the person named in the credential has completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level and the person has not, in fact, completed the requirements of the program of study;

     (b) Is offered as his own by a person other than the person who completed the requirements of the program of study; or

     (c) Is given in violation of NRS 394.630.

     Sec. 6.  NRS 394.125 is hereby amended to read as follows:

     394.125  It is the policy of this state to encourage and enable its [citizens] residents to receive an education commensurate with their respective talents and desires. The Legislature recognizes that privately owned institutions offering elementary, secondary and postsecondary education and vocational and professional instruction perform a necessary service to the [citizens] residents of this state. It is the purpose of this chapter to provide for the protection, education and welfare of the [citizens] residents of the State of Nevada, its educational, vocational and professional institutions, and its students, by:

     1.  Establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive or fraudulent institutions and practices;

     2.  Prohibiting the granting or use of false or misleading educational credentials;

     3.  Regulating the use of academic terminology in naming or otherwise designating educational institutions;

     4.  Prohibiting misleading literature, advertising, solicitation or representation by educational institutions or their agents;

     5.  Providing for the preservation of essential academic records; and

     6.  Providing certain rights and remedies to the consuming public and the Commission and the Board necessary to effectuate the purposes of this chapter.

     Sec. 7.  NRS 394.620 is hereby amended to read as follows:

     394.620  As used in NRS 394.620 to 394.670, inclusive[:] , and section 5 of this act:

     1.  “Degree” means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level as a result of formal preparation or training.

     2.  “Honorary degree” means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in any field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training.

     Sec. 8.  NRS 394.650 is hereby amended to read as follows:

     394.650  Any person, including, without limitation, any firm, partnership, corporation, association or [any] other organization , which violates any [of the provisions] provision of NRS 394.620 to 394.640, inclusive, and section 5 of this act, is liable for a civil penalty not to exceed $2,500 for each violation, which [shall] may be recovered in a civil action[,] brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction. As used in this section, “each violation” includes, as a single violation, a continuous or repetitive violation arising out of the same act.

     Sec. 9.  NRS 394.660 is hereby amended to read as follows:

     394.660  The Attorney General or any district attorney may bring an action in any court of competent jurisdiction, either as a part of any action brought pursuant to NRS 394.650 or as a separate action, to enjoin [any] a violation of [the provisions] any provision of NRS 394.620 to 394.640, inclusive[.] , and section 5 of this act.

     Sec. 10.  NRS 394.670 is hereby amended to read as follows:

     394.670  Every person who violates any [of the provisions] provision of NRS 394.620 to 394.640, inclusive, and section 5 of this act is guilty of a gross misdemeanor. Each day’s violation is a separate offense.

     Sec. 11. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A juvenile probation officer may inspect the education records of a child, including, without limitation, records of discipline maintained by a school, to conduct a preliminary inquiry pursuant to NRS 62.128 when a juvenile probation officer receives a complaint that the child:

     (a) Has committed a delinquent offense; or

     (b) Is in need of supervision.

     2.  Upon receipt of information pursuant to this section, a juvenile probation officer shall certify in writing to the school that the information received will not be disclosed to any other person except as otherwise provided by state law without the prior written consent of the parent or guardian of the child.

     3.  As used in this section “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

     Sec. 12.  NRS 205.420 is hereby amended to read as follows:

     205.420  Every person who [shall conduct] conducts any business or [perform] performs any act under color of, or [file] files for record with any public officer, any false or fraudulent permit, license [, diploma] or writing, or any permit, license [, diploma] or writing not lawfully belonging to [such] that person, or who [shall obtain] obtains any permit, license, diploma or writing by color or aid of any false representation, pretense, personation, token or writing, [shall be] is guilty of a gross misdemeanor.”.

     Amend sec. 68, page 8, by deleting lines 25 through 28 and inserting:

     “Sec. 13.  1.  There is hereby appropriated from the State General Fund to the Department of Education the following sums for grants of money to school districts that adopt a program of enhanced compensation for certain teachers:

For the Fiscal Year 2003-2004............................................................................. $9,000,000

For the Fiscal Year 2004-2005............................................................................. $9,000,000”.

     Amend sec. 68, page 9, by deleting lines 25 through 28 and inserting:

     “5.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and reverts to the State General Fund as soon as all payments of money committed have been made.”.

     Amend the bill as a whole by deleting sections 69 through 72 and renumbering sections 73 and 74 as sections 14 and 15.

     Amend sec. 74, page 10, by deleting lines 14 through 17 and inserting:

     “Sec. 15.  This act becomes effective on July 1, 2003.”. 

     Amend the title of the bill to read as follows:

“AN ACT relating to education; providing for the release of certain records of pupils under certain circumstances; revising provisions governing the purchase of retirement credit by boards of trustees of school districts for certain teachers; prohibiting under certain circumstances the use or attempted use of a false or misleading educational credential; making an appropriation for school districts to provide programs of enhanced compensation; providing a penalty; and providing other matters properly relating thereto.”.