Nev. Admin. Code § 388.287 - Inspection and review of educational records of pupil

1. The parents of a pupil must be allowed to inspect and review any education records relating to their child which are collected, maintained or used by an agency with personally identifiable information. The agency with personally identifiable information shall comply with such a request for inspection and review without unnecessary delay and in any event:

(a) Before any meeting regarding the pupil's individualized educational program or any hearing or resolution meeting pursuant to NAC 388.306 to 388.310, inclusive, as applicable; and

(b) Not later than 45 days after the request has been made.

2. The parents have the right to:

(a) Make reasonable requests for the agency with personally identifiable information to explain and interpret the education records, and the agency with personally identifiable information shall respond to each such request;

(b) Have their representative inspect and review the records; and

(c) Request that the agency with personally identifiable information provide them with copies of the records if, without the copies, any meaningful review of the records is impractical.

3. An agency with personally identifiable information may presume that a parent has authority to inspect and review education records relating to the pupil unless the agency with personally identifiable information has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation or divorce.

4. Each agency with personally identifiable information shall keep a record of the persons, other than parents and authorized employees, who are given access to education records it collects, maintains or uses. The record must include the:

(a) Name of the person;

(b) Date access was given; and

(c) Purpose for which the person is authorized to use the records .

5. If any education record contains information on more than one pupil, the parents may inspect and review only the information relating to their child or be informed of that specific information.

6. The agency with personally identifiable information shall maintain and provide to parents on request a list of the types and locations of education records it collects, maintains or uses relating to pupils.

7. If the agency with personally identifiable information charges a fee for copies of records which are made for parents, the amount of the fee must not effectively prevent the parents from exercising their right to inspect and review those records. No fee may be charged for the search or retrieval of the information.

Notes

Nev. Admin. Code § 388.287

Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 11-23-93; R085-99, 2-16-2000; A by R017-18A, eff. 1/30/2019

NRS 385.080 and 388.419