Nev. Admin. Code § 388.288 - Amendment of educational records; hearing

1. A parent who believes that information in education records is inaccurate, misleading or violates the privacy or other rights of the pupil may request an amendment of the information. The agency with personally identifiable information shall determine whether to amend the information in accordance with the request within a reasonable period of time after the receipt of the request. If the decision is to refuse to amend the information, the agency with personally identifiable information shall inform the parent of the refusal in writing and shall include the reason for the refusal and advise the parent that the parent has a right to a hearing.

2. The agency with personally identifiable information shall, upon request, provide an opportunity for a hearing to challenge information in education records to ensure that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the pupil. If, as a result of the hearing, it is decided that the information is:

(a) Inaccurate, misleading or otherwise in violation of the privacy or other rights of the pupil, the agency with personally identifiable information shall amend the information accordingly and so inform the parents in writing.

(b) Not inaccurate, misleading or otherwise in violation of the privacy or other rights of the pupil, the parent may place in the records a statement commenting on the information or setting forth any reasons for disagreeing with the decision. The agency with personally identifiable information shall notify the parent that the parent has a right to include such a statement in the records. The agency with personally identifiable information shall retain any such explanation placed in the records of the pupil as part of the records of the pupil as long as the records or the contested portion is maintained. If the records of the pupil or the contested portion is disclosed to any person, the explanation must also be disclosed.

3. A hearing held pursuant to subsection 2 must be conducted in accordance with the applicable procedures set forth in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and the regulations adopted thereunder.

Notes

Nev. Admin. Code § 388.288

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