1. 1. “School service” means an Internet website, online service or mobile application that:

   1. (a) Collects or maintains personally identifiable information concerning a pupil;
   2. (b) Is used primarily for educational purposes; and
   3. (c) Is designed and marketed for use in private schools and is used at the direction of teachers and other educational personnel.

2. 2. The term does not include:

   1. (a) An Internet website, online service or mobile application that is designed or marketed for use by a general audience, even if the school service is also marketed to private schools;
   2. (b) An internal database, system or program maintained or operated by a private school or the governing body of a private school;

   3. (c) A school service for which a school service provider has:

      1. (1) Been designated by the governing body of a private school as a school official pursuant to the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g;
      2. (2) Entered into a contract with the governing body of a private school; and
      3. (3) Agreed to comply with and be subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, relating to personally identifiable information; or
   4. (d) Any instructional programs purchased by the governing body of a private school.

(Added to NRS by 2019, 3946)