Senate Bill No. 393–Committee on Judiciary

 

(On Behalf of the Nevada Sheriffs
and Chiefs Association)

 

March 18, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Provides for release of certain records of pupils under certain circumstances. (BDR 5‑318)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to children; providing for the release of certain records of pupils under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 62 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A juvenile probation officer may inspect the education

1-4  records of a child, including, without limitation, records of

1-5  discipline maintained by a school, to conduct a preliminary

1-6  inquiry pursuant to NRS 62.128 when a juvenile probation officer

1-7  receives a complaint that the child:

1-8  (a) Has committed a delinquent offense; or

1-9  (b) Is in need of supervision.

1-10      2.  Upon receipt of information pursuant to this section, a

1-11  juvenile probation officer shall certify in writing to the school that

1-12  the information received will not be disclosed to any other person

1-13  except as otherwise provided by state law without the prior written

1-14  consent of the parent or guardian of the child.

1-15      3.  As used in this section “education records” has the

1-16  meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).

2-1  Sec.  2.  NRS 386.655 is hereby amended to read as follows:

2-2  386.655  1.  The Department, the school districts and the

2-3  public schools, including, without limitation, charter schools, shall,

2-4  in operating the statewide automated system of information

2-5  established pursuant to NRS 386.650, comply with the provisions

2-6  of:

2-7  (a) For all pupils, the Family Educational Rights and Privacy

2-8  Act, 20 U.S.C. § 1232g, and any regulations adopted pursuant

2-9  thereto; and

2-10      (b) For pupils with disabilities who are enrolled in programs of

2-11  special education, the provisions governing access to education

2-12  records and confidentiality of information prescribed in the

2-13  Individuals with Disabilities Education Act, 20 U.S.C. § 1417(c),

2-14  and the regulations adopted pursuant thereto.

2-15      2.  Except as otherwise provided in 20 U.S.C. § 1232g(b) ,

2-16  [and] any other applicable federal law[,] and the laws of this state,

2-17  a public school, including, without limitation, a charter school, shall

2-18  not release the education records of a pupil to a person or an agency

2-19  of a federal, state or local government without the written consent of

2-20  the parent or legal guardian of the pupil.

2-21      3.  In addition to the record required pursuant to 20 U.S.C. §

2-22  1232g(b)(4)(A), each school district shall maintain within the

2-23  statewide automated system of information an electronic record of

2-24  all persons and agencies who have requested the education record of

2-25  a pupil or obtained access to the education record of a pupil, or both,

2-26  pursuant to 20 U.S.C. § 1232g. The electronic record must be

2-27  maintained and may only be disclosed in accordance with the

2-28  provisions of 20 U.S.C. § 1232g. A charter school shall provide to

2-29  the school district in which the charter school is located such

2-30  information as is necessary for the school district to carry out the

2-31  provisions of this subsection, regardless of the sponsor of the charter

2-32  school.

2-33      4.  The right accorded to a parent or legal guardian of a pupil

2-34  pursuant to subsection 2 devolves upon the pupil on the date on

2-35  which he attains the age of 18 years.

2-36      5.  As used in this section, unless the context otherwise

2-37  requires, “education records” has the meaning ascribed to it in 20

2-38  U.S.C. § 1232g(a)(4).

2-39      Sec.  3.  NRS 388.5315 is hereby amended to read as follows:

2-40      388.5315  1.  A denial of rights of a pupil with a disability

2-41  pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in

2-42  the pupil’s cumulative record and a confidential file maintained for

2-43  that pupil. Notice of the denial must be provided to the board of

2-44  trustees of the school district[.] , the pupil’s individualized

3-1  education program team and the parent or guardian of the pupil.

3-2  A law enforcement agency or district attorney may:

3-3  (a) Upon request of a parent or guardian of a pupil, investigate

3-4  the denial of rights of the pupil pursuant to NRS 388.521 to

3-5  388.5315, inclusive; and

3-6  (b) Upon consent of a parent or guardian of a pupil, receive a

3-7  copy of the notice of denial of rights of the pupil.

3-8  2.  If the board of trustees of a school district receives notice of

3-9  a denial of rights pursuant to subsection 1, it shall cause a full report

3-10  to be prepared which must set forth in detail the factual

3-11  circumstances surrounding the denial. A copy of the report must be

3-12  provided to the Department.

3-13      3.  The Department:

3-14      (a) Shall receive reports made pursuant to subsection 2;

3-15      (b) May investigate apparent violations of the rights of pupils

3-16  with disabilities; and

3-17      (c) May act to resolve disputes relating to apparent violations.

3-18      Sec.  4.  NRS 392.029 is hereby amended to read as follows:

3-19      392.029  1.  If a parent or legal guardian of a pupil requests

3-20  the education records of the pupil, a public school shall comply with

3-21  the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

3-22      2.  If a parent or legal guardian of a pupil reviews the education

3-23  records of the pupil and requests an amendment or other change to

3-24  the education records, a public school shall comply with the

3-25  provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99.

3-26      3.  [Except as otherwise provided in 20 U.S.C. § 1232g(b), a] A

3-27  public school shall not release the education records of a pupil to a

3-28  person, agency or organization without the written consent of the

3-29  parent or legal guardian of the pupil[.] , except for a release of

3-30  education records without consent:

3-31      (a) To a juvenile probation officer, law enforcement officer or

3-32  district attorney who is conducting an investigation of truancy

3-33  pursuant to chapter 62 or 392 of NRS;

3-34      (b) To a juvenile probation officer, law enforcement officer or

3-35  district attorney who is conducting an investigation of a threat

3-36  pursuant to NRS 392.915;

3-37      (c) To a juvenile probation officer conducting a preliminary

3-38  inquiry pursuant to NRS 62.128; or

3-39      (d) As otherwise authorized by 20 U.S.C. § 1232g(b).

3-40  Upon receipt of information pursuant to this subsection, a person

3-41  receiving the information shall certify in writing to the public

3-42  school that the information received will not be disclosed to any

3-43  other person except as otherwise provided by state law without the

3-44  prior consent of the parent or guardian of the pupil.

4-1  4.  If a public school administers a program which includes a

4-2  survey, analysis or evaluation that is designed to elicit the

4-3  information described in 20 U.S.C. § 1232h, it must comply with

4-4  the provisions of that section.

4-5  5.  A right accorded to a parent or legal guardian of a pupil

4-6  pursuant to the provisions of this section devolves upon the pupil on

4-7  the date on which he attains the age of 18 years.

4-8  6.  A public school shall, at least annually, provide to each pupil

4-9  who is at least 18 years of age and to a parent or legal guardian of

4-10  each pupil who is not at least 18 years of age, written notice of his

4-11  rights pursuant to this section.

4-12      7.  The provisions of this section:

4-13      (a) Are intended to ensure that each public school complies with

4-14  the provisions of 20 U.S.C. §§ 1232g and 1232h;

4-15      (b) Must, to the extent possible, be construed in a manner that is

4-16  consistent with 20 U.S.C. §§ 1232g and 1232h, and the regulations

4-17  adopted pursuant thereto;

4-18      (c) Apply to a public school regardless of whether the school

4-19  receives money from the Federal Government; and

4-20      (d) Do not impair any right, obligation or prohibition established

4-21  pursuant to [chapter] chapters 62 and 432B of NRS.

4-22      8.  The State Board may adopt such regulations as are necessary

4-23  to ensure that public schools comply with the provisions of this

4-24  section.

4-25      9.  A public school or an employee of a public school who, in

4-26  good faith, releases or fails to release education records pursuant

4-27  to subsection 3 is immune from civil or criminal liability for

4-28  releasing or failing to release education records pursuant to

4-29  subsection 3 unless the public school or employee of the public

4-30  school acted with gross negligence.

4-31      10. As used in this section, unless the context otherwise

4-32  requires, “education records” has the meaning ascribed to it in 20

4-33  U.S.C. § 1232g(a)(4).

4-34      Sec.  5.  This act becomes effective on July 1, 2003.

 

4-35  H