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Use of Nevada State University Students’ Educational Records in Research (RE 2)

OWNER: Office of the Provost
Email: or
Phone: 702-992-2600
CATEGORY: Research
EFFECTIVE DATE: 09/12/2023
Web – Formatted (this page)
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This policy applies to Human Subjects Research involving Nevada State students and Student Educational Records under the oversight of the Nevada State Institutional Review Board (IRB) and Human Subjects Research for which Nevada State or its affiliates rely on an external IRB for oversight. This policy does not apply to Directory Information.


Directory Information: Includes the student’s name; address; telephone listing; electronic mail address; photograph; major field of study; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; degrees, honors, and awards received; and the most recent educational agency or institution attended.

Human Subject: A living individual about whom a researcher conducting Research 1) obtains information or biospecimens through intervention or interaction with the individual, and uses, studies, or analyzes the information or biospecimens; or 2) obtains, uses, studies, analyzes, or generates identifiable private information or identifiable biospecimens.

Institutional Review Board (IRB): Appropriately constituted group formally designated to provide review and oversight of Research involving Human Subjects to assure the protection of the rights and welfare of Human Subjects.

Research: A systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge.

Student Educational Records: Under FERPA, those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. The term does not include:

1. Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

2. Records of the law enforcement unit of an educational agency or institution, subject to the provisions of Code of Federal Regulations §99.8;

3. Records relating to an individual who is employed by an educational agency or institution, that:

3.i Are made and maintained in the normal course of business;

3.ii Relate exclusively to the individual in that individual’s capacity as an employee, and;

3.iii Are not available for use for any other purpose;

4. Records relating to an individual in attendance at the agency or institution who is employed as a result of their status as a student are Student Educational Records and are not excepted under part (3) of this definition;

5. Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

5.i Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their professional capacity or assisting in a paraprofessional capacity;

5.ii Made, maintained, or used only in connection with treatment of the student, and;

5.iii Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution;

6. Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student;

7. Grades on peer-graded papers before they are collected and recorded by an instructor.


I. Use of Nevada State University Student Educational Records

Nevada State Student Educational Records may be used for Research purposes only when one of the following applies:

  1. The records do not include personally identifiable information;
  1. Nevada State determines that the records will be used by school officials with legitimate educational interest;
  2. The student (or the student’s parent or guardian, when appropriate) provides written permission. Written permission must include all of the following:
    1. Description of the records to be disclosed;
    2. Purpose of the disclosure;
    3. Party or class of parties to whom the disclosure may be made.

II. Human Subjects Review

The study team must describe the use of Student Educational Records in the IRB application and provide the following, if applicable:

A. Documentation that Nevada State has determined that the records will be used by school officials with legitimate educational interest, except for use of Nevada State Student Educational Records under section III below;

B. If the researcher is obtaining written permission from students (or the student’s parent or guardian, when appropriate) to access Student Educational Records, the document or mechanism used to secure such permission.

The IRB reviewer ensures that all requirements consistent with this policy are met.

III. Use of Personally Identifiable Educational Records without Written Permission

Nevada State researchers may be considered school officials with legitimate educational interests and may use Student Educational Records of Nevada State students for Research purposes without written permission when the Research is necessary in order for the school official to fulfill a professional responsibility. This includes Research designed to study the effectiveness of an instructional technique, curricula, or classroom management method in a Nevada State course.


  • IRB proposal forms available on NS IRB Canvas page


Office of the Registrar
Phone: 702-992-2110




Approved by Dr. Vickie Shields, Provost, May 31, 2023.
Approved by Dr. DeRionne Pollard, President, September 12, 2023.