AB 236 — Authorizes an agency which provides child welfare services to obtain the education records of certain pupils. (BDR 38-838)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2017) FIRST REPRINT A.B.

236236–Committee Aon SSEMBLYHealth Band ILLNHuman O.Services CHAPTER..........

236–COMMITTEE ON HEALTH AND HUMAN SERVICES F EBRUARY 24, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Authorizes an agency which provides child welfare services to obtain the education records of certain pupils.

(BDR 38-838) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing state and federal law prohibits a public school from releasing the education records of a pupil without the written consent of the parent of the pupil, except in certain circumstances.

NRS 392.029) Federal law pupil, creates an exception to that prohibition for a representative of a state or local child welfare agency who has a right to access a pupil’s case plan.

§r§ local child 1232g(b)(1)(L)) Section 1 of this bill authorizes the director of an agency which provides child welfare services or his or her designee who is responsible for the supervision of the case plan of a child in the custody of the agency to request from achild. public or private school or school district any education records concerning the disclosing the records except as authorized by law.

IfSection such a request for education records is made, section 1 requiresalso theprohibits agencya whichperson provideswho childrequests welfaresuch -education *AB236_R1*records –frome 2disclosing – services and the boardrecords ofexcept trustees of the school district, the governing body of the charter school or the governing body of the private school, as applicable,authorized toby enterlaw. education records and any required training concerning federal law governing such use.

If such a request for education records is made, section 1 requires the agency which provides child welfare services and the board of trustees of the school district, the governing body of the charter school or the governing body of the private school, as applicable, to enter into a memorandum of understanding which sets forth the terms for use of the use.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

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 - 79th Session (2017) – 2 – 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.

2.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.

A§ person1232g who requests education records pursuant to subsection 1 shall not disclose the education records except to the extent authorized by applicable federal and stateC.F.R lawsPart and99. regulations, including, without limitation, 20 U.S.C.

§ 1232g and 34 C.F.R Part 99.

-(b) *AB236_R1*“Private –school” 3has –the (b)meaning “Privateascribed to it in NRS(c) “Public school” has the meaning ascribed to it in NRS 394.103.385.007.

(c) “Public school” has the meaning ascribed to it in NRS 385.007.

To safeguard and restrict the use or disclosure of any information concerning applicants for and recipients of services for child welfare to purposes directly connected to the administration of NRS 432.010 to 432.085, inclusive, and section 1 of this act, by the Division, pursuant to the applicable provisions of the Social Security Act, the Division shall, in consultation with each - 79th Session (2017) – 3 – agency which provides child welfare services, establish and enforce reasonable regulations governing the custody, use and preservation of the records, files and communications filed with the Division and any agency which provides child welfare services.

2.of the Division, names and addresses of, or information concerning, applicants for and recipients of services for child welfare are furnished to or held by an agency which provides child welfare services or any other agency or department of government, that agency or department shall comply with the regulations of the Division prohibiting the publication of information and its use for purposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, and section 1 of this act by the Division.

Whenever, pursuant to the provisions of law or regulations of the Division, names and addresses of, or information concerning, applicants for and recipients of services for child welfare are furnished to or held by an agency which provides child welfare services or any other agency or department of government, that agency or department shall comply with the regulations of the Division prohibiting the publication of information and its use for purposes not directly connected with the administration of NRS 432.010 to 432.085, inclusive, and section 1 of this act by the Division.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, - *AB236_R1* – 4 – 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, - 79th Session (2017) – 4 – 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, - *AB236_R1* – 5 – 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, - 79th Session (2017) – 5 – 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

- *AB236_R1* – 6 – 4.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require - 79th Session (2017) – 6 – the person who has requested the copy to prepare the copy himself or herself.

If a parent or legal guardian of a pupil requests the education records of the pupil, a public school shall comply with the provisions of 20 U.S.C.

Part 99.99.ply with 2.

2.

(b) Must, to the extent possible, be construed in a manner that is consistent with 20 U.S.C.

§§ 1232g and 1232h, and the regulationsregulationst is adopted pursuant thereto;

- *AB236_R1* – 7 – 8.

Upon receiving a request for education records pursuant to section 1 of this act, a public school or school district shall, within 10 school days or by the date of a scheduled court hearing which affects the child, whichever is earlier, provide the requested education records to the person who made the request.

The board - 79th Session (2017) – 7 – of trustees of a school district or the governing body of a charter school, as applicable, may be joined as a party in a proceeding concerning the protection of a child pursuant to NRS 432B.4655 for failure to comply with the requirements of this subsection.

Upon receiving a request for education records pursuant to section 1 of this act, a private school shall, within 10 school days or by the date of a scheduled court hearing which affects the child, whichever is earlier, provide the requested education records to the person who made the request.

As used in this section, “education records” has the meaSec.meaning ascribed to it in 20 U.S.C.