Law / United States / 
Nevada
Pupil data governance: Department privacy policies, data element index and data security plan
In force since .
A sensitive categories rule binding government bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Disclosure, Governance, Reporting, Security
- Audit expectation
- none
What it requires
- If you are the Department of Education, adopt the policies and procedures necessary to ensure the privacy of data concerning pupils, consistent with state and federal privacy laws including the Family Educational Rights and Privacy Act, and review and revise them at least once each biennium (NRS 388.267).
- If you are the Department of Education, publish on your Internet website an index of the data elements you maintain or propose to include in the automated system of accountability information, with a description of each individual-pupil data element, the reason for collecting it and the third parties with access to it, and update it at least once each biennium (NRS 388.268).
- If you are a school district board of trustees, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, publish an index of the categories of data transferred to the automated system of accountability information and a list of the third-party service providers, organizations and agencies with access to individual pupil data in it (NRS 388.269).
- If you are the Department of Education, adopt, in consultation with each school district, charter school sponsor and university school for profoundly gifted pupils, a detailed plan for the security of data concerning pupils that you collect, maintain and transfer (NRS 388.273(1)).
- If you are a school district board of trustees, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, comply with and carry out the Department's data security plan, and submit an annual report to the Department on significant changes to how you collect, maintain or transfer data concerning pupils (NRS 388.273(2) and (3)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
NRS 388.267 to 388.273 require policies, a published data element index, a security plan and an annual report of changes. They name no duty to create, keep or produce a log or record of access to pupil data.
- Kind
- None
- As of
What this law does
The Department of Education must adopt any policies and procedures necessary to ensure the privacy of data concerning pupils that are consistent with relevant state and federal privacy laws, including the Family Educational Rights and Privacy Act. The Department must review and revise those policies and procedures as necessary at least once each biennium.
The Department must establish, publish and make publicly available on its Internet website an index of the data elements it maintains or proposes to include in the automated system of accountability information for Nevada, with a description of each data element concerning each individual pupil, the reason for collecting it, and the third-party service providers, organizations and agencies that have access to individual pupil data in the system.
The Department must update that information at least once each biennium. The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils must publish an index of the categories of data transferred to the automated system of accountability information and a list of the third-party service providers, organizations and agencies that have access to individual pupil data in that system.
The Department, in consultation with each school district, the sponsor of each charter school and the governing body of a university school for profoundly gifted pupils, must adopt a detailed plan to provide for the security of any data concerning pupils that the Department collects, maintains and transfers.
The board of trustees of each school district, the governing body of a charter school and the governing body of a university school for profoundly gifted pupils must comply with and carry out the Department's data security plan. Each school district, charter school sponsor and university school for profoundly gifted pupils must prepare and submit to the Department an annual report on significant changes to the manner in which it collects, maintains or transfers data concerning pupils.
Assembly Bill 221 of the 2015 session requires the Department to adopt a data security plan for collecting, maintaining and transferring data concerning pupils. That act became effective on .
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