Law / United States / 
Northern Mariana Islands
Public School System student educational records: notice, access, amendment, consent to disclosure and record of disclosures
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Data subject rights, Disclosure, Governance
What it requires
- If you are the Public School System, obtain a signed and dated written consent from the parent, guardian or eligible student before disclosing personally identifiable information from a student's records other than directory information, and let the consent name the records, the purpose and the recipients (NMIAC 60-20-428(d)(1)).
- Disclose personally identifiable information from an education record without consent only in the circumstances the section lists, and only on the condition that the recipient signs a statement agreeing not to redisclose it without prior consent and to use it only for the purpose of the disclosure, which does not apply to directory information or to information the System is required to disclose (NMIAC 60-20-428(e)(1) to (17)); the Division of Youth Services has access without consent once it states in writing its interest, the records sought and the personnel authorized (NMIAC 60-20-428(f)).
- Allow a parent, guardian or eligible student to inspect and review the education records within a reasonable time and in no case more than five days after the request, and do not destroy a record while a request to inspect it is outstanding (NMIAC 60-20-428(c)(2), (c)(4)).
- Give parents and eligible students an annual notice of their rights, and before making directory information public notify the parent of the categories designated and allow a reasonable time to object (NMIAC 60-20-428(b)(3), (b)(4)).
- Decide a request to amend a student's education record within a reasonable time, tell the requester of the right to a hearing if you decline to amend, and hold the hearing on request (NMIAC 60-20-428(g)(2) to (4)).
- Keep with each student's education records a record of every request for access and every disclosure of personally identifiable information, naming the parties and the legitimate interests they had (NMIAC 60-20-428(h)).
These lines are LexLint's reading of the law's text.
What this law does
Section 60-20-428 of the NMI Administrative Code requires the Public School System to obtain a signed and dated written consent from the parent, guardian or eligible student before it discloses personally identifiable information from a student's records other than directory information. The written consent must specify the records that may be disclosed, state the purpose of the disclosure and identify the parties to whom disclosure may be made.
The Public School System may disclose personally identifiable information without consent to other school officials within the System whom it has determined to have legitimate educational interests. It may disclose information to comply with a judicial order or lawfully issued subpoena only after a reasonable effort to notify the parent, guardian or eligible student in advance.
It may disclose personally identifiable information from an education record only on the condition that the party receiving it will not disclose it to any other party without the prior consent of the parent, guardian or eligible student, a condition that does not apply to directory information or to information the System is required to disclose.
The Public School System must allow access to a student's education records within a reasonable period of time and in no case more than five days after it receives the request. A parent, guardian or eligible student who believes a student's education records are inaccurate, misleading or in violation of the student's rights of privacy may ask the System to amend the record.
The System must maintain a record of each request for access to and each disclosure of personally identifiable information from the educational records of each student.
When LexLint raises it
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