92 Neb. Admin. Code, ch. 6, § 002

Current through September 17, 2024

Section 92-6-002 - Definitions

002.01Department

Department means the Nebraska Department of Education, which is comprised of the State Board of Education and the Commissioner of Education.

002.02Directory Information

Directory Information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.

002.03Disclose/Disclosure

Disclose/Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provide or created the record.

002.04Education Record(s)

Education Record(s) means those records that are directly related to the student and maintained by an educational agency or institution. Specific examples of what this term does not include are described in FERPA at 34 CFR 99.3 where this term is further defined.

002.05Educational Agencies or Institutions

Educational Agencies or Institutions means a Nebraska school district, educational service unit (ESU), learning community or the Department.

002.06Eligible Student(s)

Eligible Student(s) means a student who has reached 18 years of age.

002.07ESU

ESU means an educational service unit as described in the Educational Service Unit Act at Sections 79-1202 through 79-1204 R.R.S.

002.08FERPA

FERPA means the federal Family Educational Rights and Privacy Act, Title 20, United States Code, Sec. 1232g and implementing regulations at Title 34, Code of Federal Regulations, Part 99.

002.09Institutional Service or Function

Institutional Service or Function means a service or activity that an educational agency or institution is authorized to and could perform on its own using its own employees and is for its own benefit or for purposes of compliance with law, regulation or other requirements.

002.10Learning Community

Learning Community means a political subdivision which shares the territory of member school districts and is governed by a learning community coordinating council as set forth in Sections 79-2101 R.R.S. et seq.

002.11Parent

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

002.12Personally Identifiable Information means, but is not limited to:

(a) The student's name;

(b) The name of the student's parent or other family members;

(c) The address of the student or student's family;

(d) The personal identifier of such as a student number, or biometric record;

(e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; and,

(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty.

002.13State and Local Educational Authorities means a Nebraska school district, ESUs, learning communities, the Department, and the authorized representatives of such entities.

92 Neb. Admin. Code, ch. 6, § 002