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     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:
50          (i) Section 53A-13-301;
51          (ii) Section 53A-13-302;
52          (iii) 20 U.S.C. 1232g, Federal Family Educational Rights and Privacy Act; and
53          (iv) C.F.R. Part 99.
54          (4) A school board shall adopt a policy regarding the process for:
55          (a) notifying a parent as required in Subsection (2); and
56          (b) producing and retaining a record that verifies that a parent was notified of an
57     incident or threat as required in Subsection (3).
58          (5) At the request of a parent, a school may provide information and make
59     recommendations related to an incident or threat described in Subsection (2).




Legislative Review Note
     as of 1-8-15 1:22 PM

Office of Legislative Research and General Counsel