Nevada Administrative Code
Chapter 388 - System of Public Instruction
SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS
Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils
Section 388.289 - Confidentiality of records

Universal Citation: NV Admin Code 388.289

Current through December 31, 2024

1. Each agency with personally identifiable information shall, pursuant to the provisions of 34 C.F.R. §§ 300.610 to 300.626, inclusive:

(a) Protect the confidentiality of personally identifiable information at its collection, storage, disclosure and destruction;

(b) Appoint one official to assume responsibility for ensuring the confidentiality of any personally identifiable information;

(c) Train or instruct all persons collecting or using personally identifiable information regarding these policies and procedures; and

(d) Maintain a current listing for public inspection of the names and positions of those employees within the agency with personally identifiable information who may have access to personally identifiable information.

2. Each agency with personally identifiable information shall:

(a) Inform the parents when the personally identifiable information collected, maintained or used is no longer needed to provide educational services to the pupil;

(b) Maintain a permanent record of the pupil's name, last known address, telephone number, grade level, enrollment and the courses the pupil completed, the year he or she completed them and the grades he or she earned in them; and

(c) Upon the request of the parent of a pupil, destroy any personally identifiable information, except the information listed in paragraph (b), which is no longer necessary to provide educational services to the pupil.

3. An agency with personally identifiable information shall not disclose personally identifiable information except as authorized by law.

4. An agency with personally identifiable information may include student teachers and related service interns among those persons who have a legitimate educational interest in accessing education records pursuant to policies developed in accordance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and the related regulations.

Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 11-23-93; R085-99, 2-16-2000; R058-07, 10-31-2007; A by R017-18A, eff. 1/30/2019; A by R136-22A, eff. 2/13/2023

NRS 385.080

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