Nevada Privacy of School Records Laws
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed April 12, 2024
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Privacy of student records is crucial to protecting students' rights and personal information. When it comes to safeguarding student data, both federal laws and state laws play a significant role.
In the State of Nevada, laws on the privacy of school records help uphold the confidentiality of student information. They also help ensure transparency and accountability within educational institutions. Understanding these laws is essential for students, parents, educators, and school administrators alike.
Let's discuss Nevada's privacy of school records laws in more detail below.
Privacy of School Records Laws Overview
One of the primary federal laws governing the privacy of school records is the Family Educational Rights and Privacy Act (FERPA). FERPA grants parents certain rights concerning children's education records.
FERPA also grants students access. These rights include the right to inspect and review education records. They also include the right to request changes to records. This can happen if you believe records are inaccurate or misleading. It also includes the right to consent to the disclosure of personally identifiable information (PII) in the records.
Under FERPA, educational agencies or institutions receive funding from the U.S. Department of Education. These institutions must follow the law's provisions regarding the privacy of student records. School officials, including teachers and administrators, must adhere to strict guidelines.
FERPA outlines exceptions to consent requirements. For example, schools can disclose directory information with the right consent. Directory information includes a student's name, address, telephone number, and date of birth. It also includes honors, awards, and dates of attendance.
Privacy of School Records in Nevada
In Nevada, the privacy of student records is further protected by state law. This is outlined in the Nevada Revised Statutes (NRS). These statutes provide more provisions to complement FERPA. They help ensure the confidentiality of student information within the state's public schools.
Under NRS, educational agencies and institutions in Nevada must make policies. These policies help safeguard student records. They also help ensure compliance with both federal and state privacy laws.
One key aspect of privacy laws in Nevada is the concept of parental consent. Except as otherwise provided by law, parental consent is required in most instances. Consent is required before the school discloses PII from a student's education records.
This consent requirement applies to situations such as releasing records to third parties. These third parties include law enforcement agencies or postsecondary institutions. Records can only be accessed for purposes other than legitimate educational interests.
Relevant Nevada Privacy of School Records Laws
Trying to understand the legalese of state statutes can be frustrating. The chart below explains the laws in plain language and answers questions you may have. You can also consult FindLaw's article on Nevada's Education Laws for more information.
Relevant Nevada Privacy Codes Section |
Nevada Statutes § 49.290, et seq.: Counselor/Teacher and Pupil Privilege Nevada Statutes § 125C.003: Access to Child's Records |
|---|---|
Who Has Access to School Records? |
Both custodial and non-custodial parents have access to the information. Communication between counselor to pupil or teacher to pupil is privileged. |
| Agency to Contact for Complaints | If you want to file a complaint about school record privacy violations, contact the U.S. Department of Education Student Privacy Policy Office. |
Penalty for Violation of School Record Privacy Laws |
Violations can result in serious penalties at the federal level. Schools found in violation of FERPA may face the loss of federal funding. This includes both grants and loans. Individuals responsible for unauthorized disclosure of student records can be held responsible. This means they are subject to fines or other disciplinary actions. The U.S. Department of Education imposes these actions. |
Note: State laws are subject to change and may do so at any time. They change most often through the enactment of new legislation and higher court decisions. You may want to contact a Nevada education attorney or conduct your own legal research to verify the state law(s) you are researching.
Right to Privacy in Schools
Students and their parents have a fundamental right to privacy in schools. This includes the protection of sensitive information contained in education records. This right ensures that student records are accurate, secure, and used only for lawful purposes.
Educational agencies and institutions are responsible for maintaining student information's confidentiality. They can only disclose information such as permanent records when authorized by law or with written consent from the parent or eligible student.
Getting Legal Help
In cases where legal help is needed to address violations of privacy laws or disputes regarding access to school records or enrollment issues, individuals have the right to seek help. Lawyers can help clarify student privacy and parental rights.
Attorneys with experience in education law can provide guidance and representation to protect students' rights. They can also help ensure compliance with applicable federal and state regulations and school district policies. Attorneys can review subpoenas and other court orders.
Consult a qualified Nevada education attorney about your potential case today.
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