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INTRODUCTION

DEFINING RECORDS

UNDERSTANDING NEVADA’S PUBLIC RECORDS ACT

MANAGING PUBLIC RECORDS REQUESTS

IMPORTANCE OF TRANSPARENCY IN GOVERNMENT OPERATIONS INCLUDING SCHOOL DISTRICTS

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WHAT IS A RECORD?

Information that is created or received (in any format) pursuant to a law or ordinance, or in connection with the transaction of the official business of any office or department of a local government entity (NAC 239.101)

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EXAMPLES OF RECORDS FOR SCHOOL DISTRICTS

Grades/Transcripts
Class/Attendance List
Student Course Schedules
Health Records (at the K-12 level)
Financial Information
Student Discipline Files
Correspondence
Responses to Inquiries from the Public
Policies and Procedures
Student Handbooks/Guidebooks

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TRANSITORY RECORD

Information/data/documents/records required only for a short time and that are not required to meet legal or fiscal obligations, or to initiate, sustain, evaluate or provide evidence of decision making.

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EXAMPLES OF TRANSITORY RECORDS FOR SCHOOL DISTRICTS�

Drafts – These may be disposed of as soon as the document is finalized and are no longer needed for reference purposes.

Duplicates - Extra copies of correspondence, completed forms, bulletins, and mailing listings. Used only for reference or informational distribution. May be disposed of as soon as reference purpose has been served.

Superseded Documents–Distribution lists, membership lists, administrative manuals, blank forms. Discard once the updated document is prepared and finalized.

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NON-RECORD MATERIAL

These documents are not considered official records and do not have to be kept in accordance with an approved retention schedule. They are usually maintained for reference purposes only and should not be interfiled with official records.

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EXAMPLES OF NON-RECORD MATERIAL FOR SCHOOL DISTRICTS

Library Reference Material

Catalogues and Journals

Convenience Copies

Telephone Message Pads

Office Supplies

Blank Forms and Business Cards

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CUSTODIAN OF RECORD

Any person authorized to have the care, custody and control of any documents, instruments, papers, books, pamphlets, or any other records or writings of an agency (NRS 239.121)

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It is not permissible in Nevada to destroy any record produced by a local government entity unless is it covered by a schedule (NAC 239.155). Any record not covered by a schedule must be maintained until it is scheduled.

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WHAT IS THE NEVADA PUBLIC RECORDS ACT?

STATE LAW THAT ENSURES PUBLIC ACCESS TO INSPECT RECORDS HELD BY GOVERNMENT AGENCIES

PROMOTES TRANSPARENCY, ACCOUNTABILITY, AND TRUST IN GOVERNMENT AGENCY OPERATIONS

ALLOWS CITIZENS TO REQUEST AND OBTAIN RECORDS HELD BY PUBLIC AGENCIES

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THE NEVADA PUBLIC RECORDS ACT (NPRA)

Public Records Act found in NRS Chapter 239 applies to:

“all public books and public records of government entity, the contents of which are not otherwise declared by law to be confidential” The records “must be open at all times during office hours to inspection by any requestor and may be fully copied.” Also, “A person may request a copy of a public record in any medium in which the public record is readily available.” (NRS 239.010)

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KEY PROVISIONS OF NEVADA’S PUBLIC RECORDS ACT:

The Act applies to all state and local government agencies in Nevada

It grants the public the right to access and inspect public records

Public records include documents, emails, financial records, transcripts and more

School districts must be aware of what constitutes a public record and ensure the proper maintenance of each record

Certain exemptions exist within the Nevada law that are aimed to protect sensitive information, such as student privacy or ongoing legal matters

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NAVIGATING PUBLIC RECORDS REQUESTS

Public Records Requests apply to schools/school districts, just like any other government agency
School Board members should familiarize themselves with the procedures for how their school district handles public records requests
School districts must comply with state and local public record laws
Best practice is to designate/employ a public records officer to handle requests and ensure compliance

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RESPONSE TO PUBLIC RECORDS REQUESTS

Public records requests can be made over the telephone, in person, through written correspondence and through the agency’s website if such a portal for public records requests exists

Public records requests should be responded to promptly, but no later than five (5) business days from the day after the receipt of the request, to notify the requestor whether records are available (NRS 239.0107(1))

If a request takes longer to fulfill than the allotted five (5) business days, it is the school's duty to inform the requestor of the delay in response to the record request (NRS 239.0107 (1c1))

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RESPONSE TO PUBLIC RECORDS REQUESTS

If a record is available, agency shall allow requestor to inspect, copy or receive a copy of the record (NRS 239.0107 (2))

If agency does not have legal custody or control of the record being requested, agency may inform the requestor of the public entity that does have the record if this information is known (NRS 239.0107 (1b1)(1b2))

If the agency must deny the request due to confidentiality reasons, the agency must provide a written response to the requestor stating so and cite specific statute or other legal authority that makes the record confidential (NRS 239.0107(d))

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RESPONSE TO PUBLIC RECORDS REQUESTS

If the record has been destroyed, this shall be communicated to the requester and the approved records retention schedule should be cited

If more clarification is needed and the office is not yet able to provide a definitive reply, responsive records, or an estimated date and time when any records would be available, this shall be communicated to the requestor asking them for additional information or clarification regarding their public record request

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COSTS ASSOCIATED WITH RECORD REQUESTS

NRS 239.052 authorizes a public agency such as a school to charge a fee for the actual cost of providing a copy of a public record to the requestor
Agency must prepare and maintain a list of fees that it charges at each office in which the agency provides copies of public records and/or website
A government entity may approve the waiver of fees

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ENSURING COMPLIANCE WITH PUBLIC RECORDS REGULATIONS

School district employees should receive training on public records regulations to understand their obligations
School districts need to implement policies and procedures to ensure records are maintained in an organized and accessible manner to facilitate efficient responses to public records requests
Record-keeping practices should be regularly reviewed and updated to ensure compliance with changing regulations

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ENFORCEMENT AND REMEDIES

Failure to comply with public records regulations can result in legal consequences
School Districts may face legal action or penalties if they fail to respond to requests or improperly withhold records
It is crucial to understand the potential consequences and take compliance seriously

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IMPORTANCE OF TRANSPARENCY IN SCHOOL DISTRICT OPERATIONS

Transparency is essential for building trust between the school district and the community

Enables the public to hold the school district accountable for their decisions and actions

Helps Prevent Corruption, Misuse of Public Funds, and Abuse of Power

Promotes open communication, Informed decision-making and public participation within the education system

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THE PRESUMPTION IS, ALL AGENCY RECORDS ARE OPEN TO PUBLIC INSPECTION AND COPYING, UNLESS THEY ARE SPECIFICALLY DECLARED BY LAW TO BE CONFIDENTIAL (NRS 239.010)

Personal Identifying Information (NRS 603A)

Proprietary Information (NRS 332.061(1))

Attorney/Client Privileged Records (NRS 49.095)

Documents and Records Revealing Details of Emergency Response Plans, Tactical Operations (NRS 239C.210)

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CHALLENGES THAT COME WITH TRANSPARENCY

WEIGHING THE INTEREST OF THE PUBLIC AGENCY AGAINST THE INTEREST OF THE PUBLIC WHEN IT COMES TO DISCLOSING OR DENYING ACCESS TO PUBLIC RECORDS

PROVIDING THE BURDEN OF PROOF AS TO WHY CERTAIN PUBLIC RECORDS ARE CONFIDENTIAL TO JUSTIFY WITHHOLDING OF THOSE RECORDS

RESPECT FOR PRIVACY AND THE POTENTIAL HARM THAT COULD BE CAUSED BY THE RELEASE OF CERTAIN INFORMATION

WHERE THE LAW DOES NOT DEFINE CONFIDENTIALITY FOR SPECIFIC RECORDS

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HOW TO REDUCE THE CHALLENGES THAT COME WITH TRANSPARENCY

First consideration is whether an express provision of law makes the requested document confidential (state statute (NRS 239.010), state regulation, federal statute, case law)
Second consideration is whether the requested record includes confidential information, and if so, could this information be redacted?
If none of the above, then use the Bradshaw balancing test
Important for agencies to have their own policies and procedures in place to protect sensitive information
Important to have careful judgement and a strong ethical framework to balance between the need for transparency and accountability, and the need to protect privacy and prevent harm
Certain measures should be in place to help with the protection of sensitive information such as data encryption, secure storage and strict access controls

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CONCLUSION

The Nevada Public Records Act plays a crucial role in ensuring transparency and accountability in school district operations

It empowers citizens to access and scrutinize public records, promoting accountability and trust

By understanding and navigating Nevada’s Public Records Regulations, we can all contribute to a more transparent and accountable government

Let’s work together to ensure transparency in school district operations and foster an open and informed education system