1     
UTAH STUDENT PRIVACY ACT

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Eric K. Hutchings

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions regarding access to education records.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that a local school board or charter school governing board require a public
13     school to make a list of individuals who are authorized to access education records;
14          ▸     requires a local school governing board or charter school governing board to:
15               •     provide training on student privacy laws; and
16               •     require individuals who are authorized to access education records to complete
17     training on student privacy laws and certify to the local school board or the
18     charter school governing board that they have completed the required training
19     and understand student privacy requirements; and
20          ▸     prohibits a local school board, charter school governing board, public school, or
21     school employee from sharing an education record with a school employee who is
22     not authorized.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          53A-1-708, as last amended by Laws of Utah 2016, Chapters 144 and 221
30          53A-11a-203, as last amended by Laws of Utah 2016, Chapter 221
31          53A-13-301, as last amended by Laws of Utah 2016, Chapter 221
32     ENACTS:
33          53A-13-303, Utah Code Annotated 1953
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53A-1-708 is amended to read:
37          53A-1-708. Grants for online delivery of U-PASS tests.
38          (1) As used in this section:
39          (a) "Adaptive tests" means tests administered during the school year using an online
40     adaptive test system.
41          (b) "Core standards for Utah public schools" means the standards developed and
42     adopted by the State Board of Education that define the knowledge and skills students should
43     have in kindergarten through grade 12 to enable students to be prepared for college or
44     workforce training.
45          (c) "Summative tests" means tests administered near the end of a course to assess
46     overall achievement of course goals.
47          (d) "Uniform online summative test system" means a single system for the online
48     delivery of summative tests required under U-PASS that:
49          (i) is coordinated by the State Board of Education;
50          (ii) ensures the reliability and security of U-PASS tests; and
51          (iii) is selected through collaboration between the State Board of Education and school
52     district representatives with expertise in technology, assessment, and administration.
53          (e) "U-PASS" means the Utah Performance Assessment System for Students.
54          (2) The State Board of Education may award grants to school districts and charter
55     schools to implement [one or both of the following]:
56          (a) a uniform online summative test system to enable [parents of students and] school
57     staff and parents of students to review U-PASS test scores by the end of the school year; or
58          (b) an online adaptive test system to enable parents of students and school staff to

59     measure and monitor a student's academic progress during a school year.
60          (3) (a) Grant money may be used to pay for any of the following, provided it is directly
61     related to implementing a uniform online summative test system, an online adaptive test
62     system, or both:
63          (i) computer equipment and peripherals, including electronic data capture devices
64     designed for electronic test administration and scoring;
65          (ii) software;
66          (iii) networking equipment;
67          (iv) upgrades of existing equipment or software;
68          (v) upgrades of existing physical plant facilities;
69          (vi) personnel to provide technical support or coordination and management; and
70          (vii) teacher professional development.
71          (b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
72     online delivery of summative tests or adaptive tests required under U-PASS may be used for
73     other purposes.
74          (4) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
75     Act, the State Board of Education shall make rules:
76          (a) establishing procedures for applying for and awarding grants;
77          (b) specifying how grant money [shall be] is allocated among school districts and
78     charter schools;
79          (c) requiring reporting of grant money expenditures and evidence showing that the
80     grant money has been used to implement a uniform online summative test system, an online
81     adaptive test system, or both;
82          (d) establishing technology standards for an online adaptive testing system;
83          (e) requiring a school district or charter school that receives a grant under this section
84     to implement, in compliance with [Chapter 1,] Part 14, Student Data Protection Act, and
85     Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act, an online adaptive test
86     system by the 2014-15 school year that:
87          (i) meets the technology standards established under Subsection (4)(d); and
88          (ii) is aligned with the core standards for Utah public schools;
89          (f) requiring a school district or charter school to provide matching funds to implement

90     a uniform online summative test system, an online adaptive test system, or both in an amount
91     that is greater than or equal to the amount of a grant received under this section; and
92          (g) ensuring that student identifiable data is not released to any person, except as
93     provided by [Chapter 1,] Part 14, Student Data Protection Act, [Section 53A-13-301] Chapter
94     13, Part 3, Utah Family Educational Rights and Privacy Act, and rules of the State Board of
95     Education adopted under [that section] the authority of those parts.
96          (5) If a school district or charter school uses grant money for purposes other than those
97     stated in Subsection (3), the school district or charter school is liable for reimbursing the State
98     Board of Education in the amount of the grant money improperly used.
99          (6) A school district or charter school may not use federal funds to provide the
100     matching funds required to receive a grant under this section.
101          (7) A school district may not impose a tax rate above the certified tax rate for the
102     purpose of generating revenue to provide matching funds for a grant under this section.
103          Section 2. Section 53A-11a-203 is amended to read:
104          53A-11a-203. Parental notification of certain incidents and threats required.
105          (1) For purposes of this section, "parent" includes a student's guardian.
106          (2) A school shall:
107          (a) notify a parent if the parent's student threatens to commit suicide; or
108          (b) notify the parents of each student involved in an incident of bullying,
109     cyber-bullying, harassment, hazing, or retaliation, of the incident involving each parent's
110     student.
111          (3) (a) If a school notifies a parent of an incident or threat required to be reported under
112     Subsection (2), the school shall produce and maintain a record that verifies that the parent was
113     notified of the incident or threat.
114          (b) A school shall maintain a record described in Subsection (3)(a) in accordance with
115     the requirements of:
116          (i) Chapter 1, Part 14, Student Data Protection Act;
117          [(ii) Sections 53A-13-301 and 53A-13-302;]
118          (ii) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act;
119          (iii) [Federal] the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; and
120          (iv) 34 C.F.R. Part 99.

121          (4) A local school board or charter school governing board shall adopt a policy
122     regarding the process for:
123          (a) notifying a parent as required in Subsection (2); and
124          (b) producing and retaining a record that verifies that a parent was notified of an
125     incident or threat as required in Subsection (3).
126          (5) At the request of a parent, a school may provide information and make
127     recommendations related to an incident or threat described in Subsection (2).
128          (6) A school shall:
129          (a) provide a student a copy of a record maintained in accordance with this section that
130     relates to the student if the student requests a copy of the record; and
131          (b) expunge a record maintained in accordance with this section that relates to a
132     student if the student:
133          (i) has graduated from high school; and
134          (ii) requests the record be expunged.
135          Section 3. Section 53A-13-301 is amended to read:
136          53A-13-301. Application of state and federal law to the administration and
137     operation of public schools -- Local school board and charter school governing board
138     policies.
139          (1) As used in this section "education entity" means:
140          (a) the State Board of Education;
141          (b) a local school board or charter school governing board;
142          (c) a school district;
143          (d) a public school; or
144          (e) the Utah Schools for the Deaf and the Blind.
145          (2) An education entity and an employee, student aide, volunteer, third party
146     contractor, or other agent of an education entity shall protect the privacy of a student, the
147     student's parents, and the student's family and support parental involvement in the education of
148     their children through compliance with the protections provided for family and student privacy
149     under [Section 53A-13-302] this part and the Family Educational Rights and Privacy Act and
150     related provisions under 20 U.S.C. Secs. 1232g and 1232h, in the administration and operation
151     of all public school programs, regardless of the source of funding.

152          (3) A local school board or charter school governing board shall enact policies
153     governing the protection of family and student privacy as required by this [section and Section
154     53A-13-302] part.
155          Section 4. Section 53A-13-303 is enacted to read:
156          53A-13-303. Access to education records -- Training requirement -- Certification.
157          (1) As used in this section, "education record" means the same as that term is defined
158     in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
159          (2) A local school board or charter school governing board shall require each public
160     school to:
161          (a) create and maintain a list that includes the name and position of each school
162     employee who the public school authorizes, in accordance with Subsection (4), to have access
163     to an education record; and
164          (b) provide the list described in Subsection (2)(a) to the school's local school board or
165     charter school governing board.
166          (3) A local school board or charter school governing board shall:
167          (a) provide training on student privacy laws; and
168          (b) require a school employee on the list described in Subsection (2) to:
169          (i) complete the training described in Subsection (3)(a); and
170          (ii) provide to the local school board or charter school governing board a certified
171     statement, signed by the school employee, that certifies that the school employee completed the
172     training described in Subsection (3)(a) and that the school employee understands student
173     privacy requirements.
174          (4) (a) Except as provided in Subsection (4)(b), a local school board, charter school
175     governing board, public school, or school employee may only share an education record with a
176     school employee if:
177          (i) that school employee's name is on the list described in Subsection (2); and
178          (ii) federal and state privacy laws authorize the education record to be shared with that
179     school employee.
180          (b) A local school board, charter school governing board, public school, or school
181     employee may share an education record with a school employee if the board, school, or
182     employee obtains written consent from:

183          (i) the parent or legal guardian of the student to whom the education record relates, if
184     the student is younger than 18 years old; or
185          (ii) the student to whom the education record relates, if the student is 18 years old or
186     older.






Legislative Review Note
Office of Legislative Research and General Counsel