Nevada Revised Statutes 432.028 – Authority of director of agency which provides child welfare services to request education records; confidentiality of education records disclosed to agency; memorandum of understanding
1. The director of an agency which provides child welfare services or a designee thereof who is responsible for the supervision of the case plan maintained for a child in the custody of the agency may request from a public or private school or school district any education records, including, without limitation, electronic education records, maintained by the school or school district concerning the child.
Terms Used In Nevada Revised Statutes 432.028
- Agency which provides child welfare services: has the meaning ascribed to it in Nevada Revised Statutes 432.010
- Child: means a person who is less than 18 years of age or who remains under the jurisdiction of a court pursuant to Nevada Revised Statutes 432.010
- Director: means the Director of the Department. See Nevada Revised Statutes 432.010
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. A person who requests education records pursuant to subsection 1 shall not disclose the education records except to the extent authorized by applicable federal and state laws and regulations, including, without limitation, 20 U.S.C. § 1232g and 34 C.F.R Part 99.
3. If education records are requested pursuant to subsection 1, the agency which provides child welfare services requesting the education records and the board of trustees of the school district in which the school is located, the governing body of the charter school or the governing body of the private school, as applicable, must enter into a memorandum of understanding concerning the use of such education records which must set forth, without limitation:
(a) The manner in which the education records will be used;
(b) What constitutes misuse of the education records, which would result in revocation of any access by the agency to such education records; and
(c) The required training concerning the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto.
4. As used in this section:
(a) ’Education records’ has the meaning ascribed to it in 20 U.S.C. § 1232g(a)(4).
(b) ’Private school’ has the meaning ascribed to it in NRS 394.103.
(c) ’Public school’ has the meaning ascribed to it in NRS 385.007.