Law / United States / 
Nevada
Statewide pupil information system: compliance with FERPA and IDEA confidentiality, parental consent to release education records, and the electronic access record
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
What it requires
- If you are the Department of Education, a school district or a public school (including a charter school), when you operate the automated system of information comply with the Family Educational Rights and Privacy Act and its regulations for all pupils, and for pupils with disabilities in special education with the Individuals with Disabilities Education Act's provisions on access to education records and confidentiality (NRS 385A.830(1)).
- If you are a public school (including a charter school), do not release a pupil's education records to a person or an agency of a federal, state or local government without the written consent of the pupil's parent or legal guardian, except as the Family Educational Rights and Privacy Act or other applicable federal law provides (NRS 385A.830(2)).
- If you are a school district or the sponsor of a charter school, in addition to the record the Family Educational Rights and Privacy Act requires, maintain within the automated system of information an electronic record of all persons and agencies who have requested or obtained access to a pupil's education record, and disclose that record only as that Act allows (NRS 385A.830(3)).
- If you are a charter school, provide your sponsor with the information it needs to maintain that electronic record (NRS 385A.830(3)).
- If you are a public school, from the date a pupil turns 18 look to the pupil, not the parent or legal guardian, for the written consent that subsection 2 requires (NRS 385A.830(4)).
These lines are LexLint's reading of the law's text.
What record it asks for
What the log must hold
Actor identity, Access record
Logging duty
Subsection 3 requires each school district and each sponsor of a charter school to keep, within the automated system of information, an electronic record of every person and agency that has requested or obtained access to a pupil's education record, in addition to the record federal law requires. The record may be disclosed only as federal law allows. The subsection states no retention period.
- Kind
- Explicit
- As of
- Provision
- NRS 385A.830(3)
- Trigger
- personal_data_processing
What this law does
The Department of Education, the school districts and the public schools, including charter schools, must comply with the Family Educational Rights and Privacy Act and, for pupils with disabilities in special education, the Individuals with Disabilities Education Act's provisions on access to education records and confidentiality, in operating the automated system of information.
Except as federal law provides otherwise, a public school, including a charter school, must not release a pupil's education records to a person or an agency of a federal, state or local government without the written consent of the pupil's parent or legal guardian.
In addition to the record federal law already requires, each school district and each sponsor of a charter school must maintain, within the automated system of information, an electronic record of all persons and agencies who have requested or obtained access to a pupil's education record. A charter school must provide its sponsor with the information the sponsor needs to maintain that electronic record.
The parent's or legal guardian's consent right passes to the pupil on the date the pupil turns 18. Section 1.7 of Assembly Bill 469 of the 1997 session required the Department, the school districts and the public schools to comply with the Family Educational Rights and Privacy Act in operating the statewide automated system of information. Assembly Bill 469 of the 1997 session became effective on .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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