NAC388.287. Inspection and review of educational records of pupil.

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

     (a) Before any meeting regarding an individualized educational program or any hearing relating to the identification, evaluation or placement of the pupil or the provision of a free appropriate public education; and

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

Ê Both the parents and the public agency may obtain and respond with reasonable interpretations and explanations of the information contained in the educational records.

     2. The parents may:

     (a) Make reasonable requests for the public agency to explain and interpret the records;

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

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

     3. A public agency may presume that the parent has authority to inspect and review records relating to the pupil unless the public agency 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 public agency shall keep a record of the persons other than parents and authorized employees given access to educational records it collects, maintains or uses. The record must include the:

     (a) Name of the person;

     (b) Date access was given;

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

     (d) List required by subsection 6.

     5. If any educational 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 public agency shall maintain and provide to parents on request a list of the types and locations of educational records it collects, maintains or uses relating to pupils.

     7. If the public agency 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.

     (Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 11-23-93; R085-99, 2-16-2000)