1     
MAINTENANCE OF STUDENT RECORDS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: Ann Millner

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          ▸     requires a school to provide a student a copy of a record a school maintains at the
15     request of the student under certain circumstances;
16          ▸     requires a school to expunge a record a school maintains at the request of a student
17     under certain circumstances; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-11a-203, as enacted by Laws of Utah 2013, Chapter 335
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53A-11a-203 is amended to read:
29          53A-11a-203. Parental notification of certain incidents and threats required.
30          (1) For purposes of this section, "parent" includes a student's guardian.
31          (2) A school shall:
32          (a) notify a parent if the parent's student threatens to commit suicide; or
33          (b) notify the parents of each student involved in an incident of bullying,
34     cyber-bullying, harassment, hazing, or retaliation, of the incident involving each parent's
35     student.
36          (3) (a) If a school notifies a parent of an incident or threat required to be reported under
37     Subsection (2), the school shall produce and maintain a record that verifies that the parent was
38     notified of the incident or threat.
39          [(b) A school may not:]
40          [(i) disclose a record described in Subsection (3)(a), including any information
41     obtained to prepare the record, to a person other than a person authorized to receive the record
42     described in Subsection (3)(c); or]
43          [(ii) use a record described in Subsection (3)(a), including any information obtained to
44     prepare the record, for the school's own purposes, including the following purposes:]
45          [(A) for a report or study;]
46          [(B) for a statistical analysis; or]
47          [(C) to conduct research.]
48          [(c) A school may disclose a record described in Subsection (3)(a), including any
49     information obtained to prepare the record:]
50          [(i) to the parent or the parent's student; or]
51          [(ii) to a person if required to disclose the record or information to a person pursuant to
52     the terms of a court order as described in Subsection 63G-2-202(7).]
53          (b) A school shall maintain a record described in Subsection (3)(a) in accordance with
54     the requirements of:
55          (i) Section 53A-13-301;
56          (ii) Section 53A-13-302;
57          (iii) 20 U.S.C. 1232g, Federal Family Educational Rights and Privacy Act; and
58          (iv) C.F.R. Part 99.
59          (4) A local school board or charter school governing board shall adopt a policy
60     regarding the process for:
61          (a) notifying a parent as required in Subsection (2); and
62          (b) producing and retaining a record that verifies that a parent was notified of an
63     incident or threat as required in Subsection (3).
64          (5) At the request of a parent, a school may provide information and make
65     recommendations related to an incident or threat described in Subsection (2).
66          (6) A school shall:
67          (a) provide a student a copy of a record maintained in accordance with this section that
68     relates to the student if the student requests a copy of the record; and
69          (b) expunge a record maintained in accordance with this section that relates to a
70     student if the student:
71          (i) has graduated from high school; and
72          (ii) requests the record be expunged.