H.B. 241

1

SCHOOL RECORDS AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: Todd Weiler
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to public school parental notifications.
10 Highlighted Provisions:
11 This bill:
12 . amends provisions related to a record a school maintains to verify that a parent was
13 notified of certain incidents or threats.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 53A-11a-203 , as enacted by Laws of Utah 2013, Chapter 335
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53A-11a-203 is amended to read:
24 53A-11a-203. Parental notification of certain incidents and threats required.
25 (1) For purposes of this section, "parent" includes a student's guardian.
26 (2) A school shall:
27 (a) notify a parent if the parent's student threatens to commit suicide; or

28 (b) notify the parents of each student involved in an incident of bullying,
29 cyber-bullying, harassment, hazing, or retaliation, of the incident involving each parent's
30 student.
31 (3) (a) If a school notifies a parent of an incident or threat required to be reported under
32 Subsection (2), the school shall produce and maintain a record that verifies that the parent was
33 notified of the incident or threat.
34 [(b) A school may not:]
35 [(i) disclose a record described in Subsection (3)(a), including any information
36 obtained to prepare the record, to a person other than a person authorized to receive the record
37 described in Subsection (3)(c); or]
38 [(ii) use a record described in Subsection (3)(a), including any information obtained to
39 prepare the record, for the school's own purposes, including the following purposes:]
40 [(A) for a report or study;]
41 [(B) for a statistical analysis; or]
42 [(C) to conduct research.]
43 [(c) A school may disclose a record described in Subsection (3)(a), including any
44 information obtained to prepare the record:]
45 [(i) to the parent or the parent's student; or]
46 [(ii) to a person if required to disclose the record or information to a person pursuant to
47 the terms of a court order as described in Subsection 63G-2-202 (7).]
48 (b) A school shall maintain a record described in Subsection (3)(a) in accordance with
49 the requirements of Section 53A-13-301 , Section 53A-13-302 , 20 U.S.C. 1232g, Federal
50 Family Educational Rights and Privacy Act, and C.F.R. Part 99.
51 (4) A school board shall adopt a policy regarding the process for:
52 (a) notifying a parent as required in Subsection (2); and
53 (b) producing and retaining a record that verifies that a parent was notified of an
54 incident or threat as required in Subsection (3).
55 (5) At the request of a parent, a school may provide information and make
56 recommendations related to an incident or threat described in Subsection (2).

Legislative Review Note
as of 11-22-13 2:42 PM

Office of Legislative Research and General Counsel