SB 445 — Revises provisions relating to the privacy of data concerning pupils. (BDR 34-854)

(ReprintedSenate withBill amendmentsNo. adopted on April 17, 2025) FIRST REPRINT S.B.

445445–Committee SENATEon BEducation ILLNCHAPTER.......... O.

445–COMMITTEE ON EDUCATION M ARCH 24, 2025 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to the privacy of data concerning pupils.

(BDR 34-854) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law requires the Department of Education to establish an automated system of accountability information that records and tracks certain data relating to the education system, including, without limitation, a system of unique identification for each pupil and the results of the achievement of pupils.

(NRS 385A.800) Existing law requires the board of trustees of each school district to collect and provide certain data concerning pupils, as prescribed by thetrictthe to Superintendent of Public Instruction, to the Department of Education.

(1) not later than 1 year after a pupil graduates from a high school or otherwise ceases enrollment in a public school in this State, transfer any data concerning the pupil to an archive of data concerning pupils that is maintained by the Department;

and (2) redact any personallypersonallyoncerning makingidentifiable suchinformation, a transfer.n, except for the birth date of the pupil, from the data before Existingmaking law:such a transfer.

Existing law:

(2) requires the Committee to review and approve or disapprove the schedules for the retention and disposition of the official state records of each agency, board and commission that is required to create such schedules;

and (3) prohibits an official state record from being disposed of in aah manner other than the schedule approved by the Committee.

(NRS 239.073, apply239.077, to239.080, any378.320) dataThis concerningbill: pupils that is transferred to an archive maintained by the Department pursuant to this bill;

and(1) (2)provides requiresthat thethese Departmentprovisions do not apply to destroyany -data *SB445_R1*concerning –pupils 2that –is reachestransferred 22to yearsan ofarchive age.maintained by the Department pursuant to this bill;

aand pupil(2) whoserequires datathe wasDepartment transferred to destroy such andata archive10 THEyears PEOPLEafter OFa THEpupil STATEwhose OFdata NEVADA,was REPRESENTEDtransferred INto SENATEsuch ANDan ASSEMBLY,archive DOreaches ENACT22 ASyears FOLLOWS:of age.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Any personally identifiable information, not - 83rd Session (2025) – 2 – including the birth date of the pupil, must be redacted from any data concerning the pupil before being transferred to the archive.

Notwithstanding the provisions of NRS 239.080 and 378.320, the Department shall, 10 years after a pupil whose data wasdestroy transferredthe pursuantdata.ursuant to subsection 1 reaches 22 years of age, destroy3. the data.

3.

(a) “Data” means any data concerning a pupil that is collected by, or provided to, the Department pursuant to NRS 385A.800, 385A.810 or 385A.820, including, without limitation, a number assigned to a pupil as part of a system of unique identification of eac(b)each “Personallypupil. identifiable information” has the meaning ascribed to it in 34 C.F.R.

(b) “Personally identifiable information” has the meaning ascribed to it in 34 C.F.R.

H~~~~~ 25 - *SB445_R1*83rd Session (2025)