Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 6 - REGULATIONS AND STANDARDS FOR UNIFORM SHARING OF STUDENT DATA, RECORDS AND INFORMATION › Section 92-6-001 - General Information

Current through June 17, 2024
001.01
Statutory
				Authority
This Chapter is adopted pursuant to Section
				  79-2,104(4)
				   of the
Revised Statutes of
				  Nebraska
(R.R.S.), which states that: "The Legislature finds and
				  declares that the sharing of student data, records, and information among
				  school districts, educational service units, learning communities, and the
				  State Department of Education, to the fullest extent practicable and permitted
				  by law, is vital to advancing education in this state. Whenever applicable law
				  permits the sharing of such student data, records, and information, each school
				  district, educational service unit, and learning community shall comply unless
				  otherwise prohibited by law. The State Board of Education shall adopt and
				  promulgate rules and regulations providing for and requiring the uniform
				  sharing of student data, records, and information among school districts,
				  educational service units, learning communities, and the department."
In addition, Section
				  79-318(5)(e)
				   R.R.S. provides that, through the
				  Commissioner, the State Board shall prescribe a uniform system of records and
				  accounting for keeping adequate educational records, for gathering and
				  reporting necessary educational data and for evaluating educational progress.
				  Finally, Section
				  79-318(11)
				   R.R.S. provides that the State Board shall
				  interpret its own policies, standards, rules, and regulations and, upon,
				  reasonable request, hear complaints and disputes arising therefrom.
001.02
Scope and
				Application of this Chapter
This Chapter contains provisions that address the disclosure
				  of personally identifiable student information from or in education records
				  maintained by or on behalf of a public school district, educational service
				  unit (ESU), a learning community or the Nebraska Department of Education (the
				  Department) to any one or more other school districts, educational service
				  units, learning communities, or the Department.
001.03
Related Law and
				Regulations
Several provisions of both state and federal law and
				  regulations relate to matters concerning the disclosure and confidentiality of
				  student records and information.
The federal Family Educational Rights and Privacy Act,
				  (FERPA), Title 20,
United States Code,
Sec. 1232g and
				  implementing regulations at Title 34,
Code of Federal
				  Regulations
, Part 99, address the rights of inspection and review and
				  amendment of education records by parents and eligible students, as well as the
				  disclosure of personally identifiable information from education records by
				  educational agencies or institutions to which funds have been made available by
				  the United States Secretary of Education as described at
				  34
				  CFR 99.1. The federal laws and regulations of
				  the Individuals with Disabilities in Education Act (IDEA) incorporates FERPA
				  and provides additional measures and requirements concerning the
				  confidentiality and maintenance of education records of students under that
				  law. (See
				  20 U.S.C.
				  1417(c), 20 U.S.C. 1439
				  (a)(2) and
				  34 CFR 300.610-
				  300.627
				  ).
The National School Lunch Act at Title 42,
United
				  States Code,
Sec. 1758 limits the use or disclosure of any information
				  obtained from an application for free or reduced priced meals or from a state
				  or local education agency and provides criminal penalties for
				  non-compliance.
Section
				  79-2,104
				  R.R.S. addresses access to student files and records in public schools in
				  Nebraska. That statute specifically provides that it "does not preclude or
				  prohibit the disclosure of student records to any other person or entity which
				  may be allowed to have access pursuant to [FERPA]. Section
				  79-2,105
				  R.R.S. provides that a copy of a Nebraska public or private school's files or
				  records concerning a student shall be provided at no charge, upon request, to
				  any public or private school to which the student transfers. Section
				  85-712.05(1)
				  R.R.S. states that personal information in records regarding a student,
				  prospective student or former student of any educational institution may be
				  withheld from the public by the lawful custodian of records, other than routine
				  directory information specified and made public consistent with FERPA.
In addition, other Chapters of Title 92 of the
Nebraska Administrative Code
(NAC) address education records.
				  Chapter 51 (92 NAC 51) at Section 009 provides for certain procedural
				  safeguards concerning records of children with disabilities. Chapter 27 (92 NAC
				  27) contains a professional practices requirement that all holders of public
				  school teaching, administrative or special service certificates shall keep in
				  confidence personally identifiable information as described in that
				  regulation.