92 Neb. Admin. Code, ch. 6, § 001
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.
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.
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.
92 Neb. Admin. Code, ch. 6, § 001