SUMMARY--Requires department of education and school districts to adopt statewide automated system of information concerning pupils and requires department, school districts and public schools to comply with certain provisions of federal law. (BDR 34-867)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to education; requiring the department of education to establish a statewide automated system of information concerning pupils; requiring the boards of trustees of school districts to adopt programs for the statewide automated system of information concerning pupils; requiring the department of education, school districts and public schools to comply with certain provisions of federal law governing the release of certain information concerning pupils; creating an advisory committee for the statewide automated system of information concerning pupils; making an appropriation; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.
Sec. 1.3. 1. The department shall establish and maintain a statewide automated system of information concerning pupils. The system must be designed to improve the ability of the department, school districts and the public schools in this state to account for the pupils who are enrolled in the public schools.
2. The board of trustees of each school district shall:
(a) Adopt and maintain the program for the collection, maintenance and transfer of data from the records of individual pupils to the statewide automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;
(b) Provide to the department electronic data concerning pupils as required by the superintendent of public instruction pursuant to subsection 3; and
(c) Ensure that an electronic record is maintained in accordance with subsection 3 of section 1.7 of this act.
3. The superintendent of public instruction shall:
(a) Prescribe the data to be collected and reported to the department by each school district pursuant to subsection 2;
(b) Prescribe the format for the data;
(c) Prescribe the date by which each school district shall report the data;
(d) Provide technical assistance to each school district to ensure that the data from each school in the district is compatible with the statewide automated system of information and comparable to the data reported by other school districts; and
(e) Provide for the analysis and reporting of the data in the statewide automated system of information.
Sec. 1.7. 1. The department, the school districts and the public schools shall, in operating the statewide automated system of information established pursuant to section 1.3 of this act, 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, a public 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.
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 1. There is hereby appropriated from the state general fund to the department of education the sum of $12,710,354 for the development of a statewide automated system of information concerning pupils pursuant to section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3 The appropriation made by section 2 of this act must be used in accordance with the programs established by each school district for the statewide automated system of information concerning pupils pursuant to section 1 of this act in the following manner:
1. A sum not to exceed $1,700,218 may be used by the department of education for:
(a) Any contractual services which are necessary to plan, install, maintain and evaluate hardware and software and provide technical assistance for the statewide automated system of information concerning pupils; and
(b) The payment of per diem and travel expenses pursuant to subsection 3 of section 4 of this act.
2. The remaining balance of the appropriation must be distributed by the department of education to each school district in this state for the purchase of hardware, networking and software for information relating to pupils, and training and other related services that are nonrecurring, including, without limitation, assistance in the integration of the statewide automated system of information concerning pupils. To receive money pursuant to this subsection, the board of trustees of a school district shall enter into a written agreement with the department of education. The written agreement must prescribe the duties of the school district and the department of education in establishing and maintaining the statewide automated system of information concerning pupils as set forth in the school district's plan for educational technology developed pursuant to subsection 2 of section 1.3 of this act. A school district that receives money pursuant to this subsection shall not use the money to:
(a) Settle or arbitrate disputes or negotiate settlements between an organization that represents employees of the school district and the school district; or
(b) Adjust the schedules of salaries and benefits of the employees of the school district, excluding any overtime costs incurred by an employee of the school district while working on the establishment and maintenance of the statewide automated system of information.
Sec. 4 1. There is hereby created an advisory committee for the statewide automated system of information concerning pupils. The advisory committee consists of:
(a) Representatives of school districts. The board of trustees of each school district shall each appoint one representative.
(b) Two representatives of the state board of education, appointed by the president of the board.
(c) One representative of the budget division of the department of administration, appointed by the chief of the budget division.
(d) Two members of the legislature. One of the members must be appointed by the majority leader of the senate and one of the members must be appointed by the speaker of the assembly.
2. The term of each member of the advisory committee commences on August 1, 1997, and expires on June 30, 1999.
3. The members of the advisory committee serve without compensation, except that for each day or portion of a day during which a member of the advisory committee attends a meeting of the advisory committee or is otherwise engaged in the work of the advisory committee, he is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. The superintendent of public instruction shall hold at least eight meetings with the advisory committee and during those meetings report to and consider any suggestions of the advisory committee concerning the establishment and maintenance of the statewide automated system of information concerning pupils.
Sec. 5. 1. The superintendent of public instruction shall report semiannually during the 1997-1999 biennium to the interim finance committee concerning the expenditures described in section 3 of this act.
2. The department of education shall, on or before February 15, 1999, report to the 70th session of the Nevada Legislature on all expenditures of money appropriated pursuant to section 2 of this act.
Sec. 6. For the purposes of carrying out the provisions of this act, the department of education is not subject to the provisions of chapter 233F or 242 of NRS.
Sec. 7. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 8. This act becomes effective on July 1, 1997.