We watched and worried about every report card, hall pass, doctors’ note, and detention slip: are all of these going to wind up in my permanent record? And if it does, who is going to have access to it? Whether you pictured all your grades and test scores being typed into an online database, or saw a complete list of absences and demerits clipped in a manila folder in a school filing cabinet, you might have been a little concerned about your school slip-ups someday seeing the light of day.
Fortunately, the Silver State has statutes that limit who can have access to our educational histories. Here is a quick introduction to privacy of school records laws in Nevada.
General School Records Laws
State privacy of school records laws may function a little differently depending on where you live, but most restrict access to school records to parents and school personnel only. In addition to Nevada’s state laws, the federal Family Educational Rights and Privacy Act (FERPA) also ensures that school records are confidential and lays out the requirements for anyone requesting student records.
Privacy of School Records Laws in Nevada
Nevada's privacy of school records statutes are listed in the table below.
| Code Section | Nevada Statutes 49.290, et seq.: Counselor/Teacher and Pupil Privilege; Nevada Statutes 125.520: Access to Child’s Records |
| Who Has Access to School Records? | Both custodial and non-custodial parent; communication between counselor-pupil or teacher-pupil is privileged. |
| Penalty for Violation of School Record Privacy Laws | - |
Right to Privacy in Schools
We all have a general right to privacy. And while we retain a right to be free from unreasonable intrusions into personal matters, this protection is lessened for students in a school setting. Generally, student privacy rights only extend to admissions information, conduct reports, and education records, meaning any unauthorized disclosure of a student’s personal information is illegal.
However, the majority of state statutes recognize school administrators’ right to know and control the school environment to ensure the safety of other students and members of the community. Therefore, while releasing a student’s confidential information is not allowed, limited physical searches of lockers, backpacks, and handbags are usually permitted.
Related Resources for Nevada Privacy of School Records Laws
State and federal student privacy laws can be confusing. You can consult with a Nevada education attorney in your area if you would like legal assistance regarding a school records matter. You can also visit FindLaw’s section on School Privacy for additional articles and information on this topic.
