State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-2_104

79-2,104. Access toschool files or records;limitation; fees; disciplinary material; removed and destroyed; when.(1) Any student in any public school or his or her parents,guardians, teachers, counselors, or school administrators shall have accessto the school's files or records maintained concerning such student, includingthe right to inspect, review, and obtain copies of such files or records.No other person shall have access to such files or records except(a) when a parent, guardian, or student of majority age provides written consentor (b) as provided in subsection (3) of this section. The contentsof such files or records shall not be divulged in any manner to any unauthorizedperson. All such files or records shall be maintained so as to separate academicand disciplinary matters, and all disciplinary material shall be removed anddestroyed after a student's continuous absence from the school for a periodof three years.(2) Each public school may establish a schedule of fees representinga reasonable cost of reproduction for copies of a student's files or recordsfor the parents or guardians of such student, except that the imposition ofa fee shall not prevent parents of students from exercising their right toinspect and review the students' files or records and no fee shall be chargedto search for or retrieve any student's files or records.(3)(a) This section does notpreclude authorized representatives of (i) auditing officials ofthe United States, (ii) auditing officials ofthis state, or (iii) state educational authoritiesfrom having access to student or other records which are necessary in connectionwith the audit and evaluation of federally supported or state-supported educationprograms or in connection with the enforcement of legal requirements whichrelate to such programs, except that, when collection of personally identifiabledata is specifically authorized by law, any data collected by such officialswith respect to individual students shall be protected in a manner which shallnot permit the personal identification of students and their parents by otherthan the officials listed in this subsection. Personally identifiable datashall be destroyed when no longer needed for such audit, evaluation, or enforcementof legal requirements.(b) This sectiondoes not preclude or prohibit the disclosure of student records to any otherperson or entity which may be allowed to have access pursuant to the federalFamily Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, as suchact existed on January 1, 2009, and regulations adopted thereunder. SourceLaws 1973, LB 370, § 2; Laws 1979, LB 133, § 1; Laws 1986, LB 642, § 1; R.S.1943, (1994), § 79-4,157; Laws 1996, LB 900, § 108; Laws 2009, LB549, § 10.