EdLaw
Nevada — privacy of data concerning pupils: duties of state and local entities (NRS 388.267 to 388.278)
The first half of NRS chapter 388's part on the privacy of data concerning pupils: the Department of Education's privacy policies and data security plan, the policies each board of trustees and governing body must adopt on the use of software, the required provisions of any contract that provides for the disclosure of data that includes personally identifiable information of a pupil (NRS 388.272), and the limits on disclosure to law enforcement, in directories and to third parties.
NRS 388.267 Department to establish, review and update policies and procedures to ensure privacy of data concerning pupils.
- The Department shall adopt any policies and procedures necessary to ensure the privacy of data concerning pupils which are consistent with relevant state and federal privacy laws, including, without limitation, the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.
- At least once each biennium, the Department shall review and revise as necessary the policies and procedures described in subsection 1.
NRS 388.268 Department to establish, publish and make available on its Internet website index of data elements for automated system of accountability information for Nevada; biennial update.
- (a) An index of the data elements that the Department maintains or proposes to include in the automated system of accountability information for Nevada established pursuant to NRS 385A.800, including, without limitation:
- (b) An explanation of the index of data elements established pursuant to paragraph (a), which must include, without limitation:
- (1) A description of each data element concerning each individual pupil;
- (2) The reason for collecting or proposing to collect each data element concerning each individual pupil; and
- (3) The third-party service providers, organizations and agencies that have access to the data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 385A.800.
NRS 388.269 Board of trustees and governing body required to establish, publish and make publicly available certain information concerning data transferred to automated system of accountability for Nevada.
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 shall establish, publish and make publicly available:
- An index of categories of data, including, without limitation, data concerning individual pupils and aggregated data concerning pupils within a defined group transferred to the automated system of accountability information for Nevada established pursuant to NRS 385A.800; and
- A list of the third-party service providers, organizations and agencies that have access to data concerning individual pupils maintained by the Department in the automated system of accountability information for Nevada established pursuant to NRS 385A.800.
NRS 388.271 Board of trustees and governing body to adopt policies and procedures governing use of certain software and manner in which data concerning pupils may be provided in certain circumstances.
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 shall adopt policies and procedures governing:
- The use by teachers and other educational personnel of software offered to users free of charge for basic services, but that requires users to pay for any additional or premium proprietary features, functionality or virtual goods; and
- The manner in which data concerning pupils may be provided to a person when the provision of such data is not expressly authorized by the board of trustees or governing body, as applicable.
NRS 388.272 Required provisions for contracts that provide for disclosure of data that includes personally identifiable information of pupil.
- Any contract entered into by the Department, a school district, a sponsor of a charter school, the governing body of a university school for profoundly gifted pupils or any public school that provides for the disclosure of data that includes any personally identifiable information of a pupil must include, without limitation:
- (a) Provisions specifically to protect the privacy and security of the personally identifiable information; and
- (b) A penalty for intentional or grossly negligent noncompliance with the terms of the contract, including, without limitation, provisions for termination of the contract and for the payment of monetary damages for any breach of the terms of the contract.
- As used in this section, “personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.
NRS 388.273 Department to adopt data security plan; compliance with plan; school district, sponsor of charter school and university school for profoundly gifted pupils to submit annual report concerning changes to manner in which each collects, maintains or transfers data concerning pupils.
- 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 shall adopt a detailed plan to provide for the security of any data concerning pupils that is collected, maintained and transferred by the Department.
- 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 shall comply with and carry out the data security plan adopted by the Department pursuant to subsection 1.
- Each school district, sponsor of a charter school and university school for profoundly gifted pupils shall prepare and submit to the Department an annual report concerning any significant changes to the manner in which the school district, charter school or university school for profoundly gifted pupils collects, maintains or transfers data concerning pupils for inclusion in the annual report prepared by the Department pursuant to NRS 385.230.
NRS 388.274 Department to transfer data concerning pupils to archive after certain date; destruction of such data.
- The Department shall, not later than 1 year after a pupil graduates from a high school or otherwise ceases enrollment in a public school in this State, transfer any data concerning the pupil to an archive of data concerning pupils that is maintained by the Department. Any personally identifiable information, not including the birth date of the pupil, must be redacted from any data concerning the pupil before being transferred to the archive.
- Notwithstanding the provisions of NRS 239.080 and 378.320, the Department shall, 10 years after a pupil whose data was transferred pursuant to subsection 1 reaches 22 years of age, destroy the data.
- As used in this section:
- (a) “Data” means any data concerning a pupil that is collected by, or provided to, the Department pursuant to NRS 385A.800, 385A.810 or 385A.820, including, without limitation, a number assigned to a pupil as part of a system of unique identification of each pupil.
- (b) “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R. § 99.3.
NRS 388.275 Department required to prepare report in event of repeal of federal Family Educational Rights and Privacy Act; contents of report; submission of report.
- If the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, are repealed by the Federal Government, in whole or in part, the Department, in collaboration with the Nevada System of Higher Education, shall prepare a report which includes:
- (a) Recommendations for methods to continue carrying out any duties pursuant to the repealed provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, using federal funding or funds appropriated by the Legislature for the then-current biennium, in a manner which ensures that the performance of any duty carried out pursuant to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, which were repealed by the Federal Government continues without interruption.
- (b) An analysis of existing provisions of the Nevada Revised Statutes to determine whether any provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, which were repealed by the Federal Government should be incorporated into the Nevada Revised Statutes and an assessment of possible sources of funding to carry out such provisions.
- The Department shall submit the report required pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to:
- (a) The Joint Interim Standing Committee on Education;
- (b) The Interim Finance Committee; and
- (c) The next regular session of the Legislature.
- The Department, in collaboration with the System, may adopt regulations which are substantially similar to any provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, which were repealed by the Federal Government.
NRS 388.276 School district, public school or employee thereof prohibited from allowing access to grounds, buildings or facilities or disclosing educational information to law enforcement officer in certain circumstances.
- A school district or public school, and any employee of a school district or public school, shall not grant a law enforcement officer carrying out official duties permission to access the grounds, buildings or facilities of a school district or public school unless:
- (a) A court of competent jurisdiction has issued a lawful order, warrant or subpoena;
- (b) There are exigent circumstances that would make it unreasonable for the law enforcement officer to obtain an order or warrant, as determined by the law enforcement officer;
- (c) The law enforcement officer is engaged in the investigation, prevention or enforcement of a criminal offense under state or local law or ordinance; or
- (d) The law enforcement officer is providing educational programming for pupils or employees of the school district or public school.
- Except as otherwise provided in NRS 388.281 to 388.296, inclusive, a school district or public school, and any employee of a school district or public school, shall not disclose or provide in writing, verbally or any other manner, educational information to a law enforcement officer carrying out official duties, except pursuant to a lawful order, warrant or subpoena issued by a court of competent jurisdiction, except as necessary during or in the immediate aftermath of a mass casualty event or other emergency on or within the grounds, buildings or facilities of a school district or public school where the delay occasioned by obtaining such an order or warrant would endanger human life.
- Any person who knowingly and willfully violates the provisions of this section is subject to disciplinary action by the school district or public school which employs the person.
- As used in this section:
- (a) “Educational information” means information concerning a pupil or the family or household of a pupil that is protected under the Family and Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
- (b) “Exigent circumstances” includes, without limitation, a fresh or hot pursuit.
- (c) “Law enforcement officer” does not include:
- (d) “Mass casualty event” has the meaning ascribed to it in 34 U.S.C. § 10281.
- (e) “Public school” includes, without limitation, a charter school or university school for profoundly gifted pupils.
NRS 388.277 Public school prohibited from including certain data or information of pupil within directory of pupils maintained by school.
- A public school shall not include any data or information concerning a pupil within a directory of pupils maintained by the school other than the name, grade level and school photograph of a pupil.
- As used in this section, “school photograph” means a photograph of a pupil that is used in an official publication of the school, including, without limitation:
- (a) An honor roll or other recognition list;
- (b) A newsletter;
- (c) A playbill;
- (d) A program for a graduation, an interscholastic activity or event, an extracurricular activity or other ceremony; and
- (e) A yearbook.
NRS 388.278 School district or public school prohibited from disclosing phone number or address of pupil or family to third party; exceptions; written request by third party for disclosure.
- Except as otherwise provided in NRS 388.281 to 388.296, inclusive, or as necessary to provide instructional programming and services or wrap-around services to a pupil, a school district or public school shall not disclose the phone number or address of any pupil or parent or legal guardian of a pupil to a third party unless required by federal law or a subpoena, warrant or order issued by a court of competent jurisdiction.
- A third party may request information concerning a pupil contained in a directory pursuant to NRS 388.277 by submitting a written request to the applicable public school containing:
- (a) The date of the request;
- (b) The purpose for which the third party will use the requested information; and
- (c) Either:
- (1) If the information is requested for a journalistic purpose, an affirmation that the requested information will only be used for a journalistic purpose and sufficient documentation to demonstrate that the person requesting the information is a reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated, federally licensed radio or television station; or
- (2) If the information is not requested for a journalistic purpose, an affirmation that the requested information will only be used for the purpose described pursuant to paragraph (b) and that such information will not be sold, transferred or distributed to any other party.
- Each school district shall comply with the requirements of the Every Student Succeeds Act, 20 U.S.C. § 7908 when providing information concerning a pupil pursuant to this section.
Sources
- Nevada Legislature — NRS chapter 388, System of Public Instruction, part "Privacy of Data Concerning Pupils", subheading "Duties of State and Local Entities" — reached through the Internet Archive capture 20261006034857
- Extracted-text SHA-256:
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