Nevada § 392.029 - Compliance with federal law governing access and confidentiality of education records and elicitation of information concerning pupils; written notice of rights to adult pupils and parents and guardians required; provision of education records upon request of agency which provides child welfare services; penalty

§ 392.029. Compliance with federal law governing access and confidentiality of education records and elicitation of information concerning pupils; written notice of rights to adult pupils and parents and guardians required; provision of education records upon request of agency which provides child welfare services; penalty

1. If a parent or legal guardian of a pupil requests the education records of the

pupil, a public school shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99 . 2. If a parent or legal guardian of a pupil reviews the education records of the pupil

and requests an amendment or other change to the education records, a public school

shall comply with the provisions of 20 U.S.C. § 1232g(a) and 34 C.F.R. Part 99 . 3. Except as otherwise provided in 20 U.S.C. § 1232g(b) , a public school shall not release the education records of a pupil to a person,

agency or organization without the written consent of the parent or legal guardian

of the pupil. 4. If a public school administers a program which includes a survey, analysis or evaluation

that is designed to elicit the information described in 20 U.S.C. § 1232h , it must comply with the provisions of that section. 5. A right accorded to a parent or legal guardian of a pupil pursuant to the provisions

of this section devolves upon the pupil on the date on which the pupil attains the

age of 18 years. 6. A public school shall, at least annually, provide to each pupil who is at least

18 years of age and to a parent or legal guardian of each pupil who is not at least

18 years of age, written notice of his or her rights pursuant to this section. 7. The provisions of this section: (a) Are intended to ensure that each public school complies with the provisions of 20 U.S.C. §§ 1232g and 1232h ; (b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C. §§ 1232g and 1232h , and the regulations adopted pursuant thereto; (c) Apply to a public school regardless of whether the school receives money from

the Federal Government; and (d) Do not impair any right, obligation or prohibition established pursuant to chapter 432B of NRS . 8. The State Board may adopt such regulations as are necessary to ensure that public

schools comply with the provisions of this section. 9. Upon receiving a request for education records pursuant to NRS 432.028 , a public school or school district shall, within 10 school days or by the date of

a scheduled court hearing which affects the child, whichever is earlier, provide the

requested education records to the person who made the request. The board of trustees of a school district or the governing body of a charter school,

as applicable, may be joined as a party in a proceeding concerning the protection

of a child pursuant to NRS 432B.4655 for failure to comply with the requirements of this subsection. 10. As used in this section, “education records” has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4) .