7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to student data and information given to students.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions;
13 ▸ repeals an incorrect cross reference;
14 ▸ permits a third-party contractor to identify for a student nonprofit institutions of
15 higher education or scholarship providers that are seeking students who meet
16 specific criteria;
17 ▸ amends Utah Futures provisions, including:
18 • defining terms;
19 • allowing a student to access information about an education provider or
20 scholarship provider;
21 • allowing an education provider or Utah business to request that Utah Futures
22 send certain information to a student user; and
23 • authorizing the Utah Futures Steering Committee to charge a fee; and
24 ▸ makes technical corrections.
25 Money Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 53A-1-1402, as enacted by Laws of Utah 2016, Chapter 221
32 53A-1-1406, as enacted by Laws of Utah 2016, Chapter 221
33 53A-1-1410, as enacted by Laws of Utah 2016, Chapter 221
34 53B-17-108, as last amended by Laws of Utah 2015, Chapters 222, 283 and
35 renumbered and amended by Laws of Utah 2015, Chapter 366
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 53A-1-1402 is amended to read:
39 53A-1-1402. Definitions.
40 As used in this part:
41 (1) "Adult student" means a student who:
42 (a) is at least 18 years old;
43 (b) is an emancipated student; or
44 (c) qualifies under the McKinney-Vento Homeless Education Assistance
45 Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
46 (2) "Aggregate data" means data that:
47 (a) are totaled and reported at the group, cohort, school, school district, region, or state
48 level with at least 10 individuals in the level;
49 (b) do not reveal personally identifiable student data; and
50 (c) are collected in accordance with board rule.
51 (3) (a) "Biometric identifier" means a:
52 (i) retina or iris scan;
53 (ii) fingerprint;
54 (iii) human biological sample used for valid scientific testing or screening; or
55 (iv) scan of hand or face geometry.
56 (b) "Biometric identifier" does not include:
57 (i) a writing sample;
58 (ii) a written signature;
59 (iii) a voiceprint;
60 (iv) a photograph;
61 (v) demographic data; or
62 (vi) a physical description, such as height, weight, hair color, or eye color.
63 (4) "Biometric information" means information, regardless of how the information is
64 collected, converted, stored, or shared:
65 (a) based on an individual's biometric identifier; and
66 (b) used to identify the individual.
67 (5) "Board" means the State Board of Education.
68 (6) "Cumulative disciplinary record" means disciplinary student data that is part of a
69 cumulative record.
70 (7) "Cumulative record" means physical or electronic information that the education
71 entity intends:
72 (a) to store in a centralized location for 12 months or more; and
73 (b) for the information to follow the student through the public education system.
74 (8) "Data authorization" means written authorization to collect or share a student's
75 student data, from:
76 (a) the student's parent, if the student is not an adult student; or
77 (b) the student, if the student is an adult student.
78 (9) "Data governance plan" means an education entity's comprehensive plan for
79 managing education data that:
80 (a) incorporates reasonable data industry best practices to maintain and protect student
81 data and other education-related data;
82 (b) provides for necessary technical assistance, training, support, and auditing;
83 (c) describes the process for sharing student data between an education entity and
84 another person;
85 (d) describes the process for an adult student or parent to request that data be
86 expunged; and
87 (e) is published annually and available on the education entity's website.
88 (10) "Education entity" means:
89 (a) the board;
90 (b) a local school board;
91 (c) a charter school governing board;
92 (d) a school district;
93 (e) a charter school;
94 (f) the Utah Schools for the Deaf and the Blind; or
95 (g) for purposes of implementing the School Readiness Initiative described in Chapter
96 1b, Part 1, School Readiness Initiative Act, the School Readiness Board created in Section
98 (11) "Expunge" means to seal or permanently delete data, as described in board rule
99 made under Section 53A-1-1407.
100 (12) "External application" means a general audience:
101 (a) application;
102 (b) piece of software;
103 (c) website; or
104 (d) service.
105 (13) "Individualized education program" or "IEP" means a written statement:
106 (a) for a student with a disability; and
107 (b) that is developed, reviewed, and revised in accordance with the Individuals with
108 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
109 (14) "Internal application" means an Internet website, online service, online
110 application, mobile application, or software, if the Internet website, online service, online
111 application, mobile application, or software is subject to a third-party contractor's contract with
112 an education entity.
113 (15) "Local education agency" or "LEA" means:
114 (a) a school district;
115 (b) a charter school;
116 (c) the Utah Schools for the Deaf and the Blind; or
117 (d) for purposes of implementing the School Readiness Initiative described in Chapter
118 1b, Part 1, School Readiness Initiative Act, the School Readiness Board created in Section
120 (16) "Metadata dictionary" means a complete list of an education entity's student data
121 elements and other education-related data elements, that:
122 (a) defines and discloses all data collected, used, stored, and shared by the education
123 entity, including:
124 (i) who uses a data element within an education entity and how a data element is used
125 within an education entity;
126 (ii) if a data element is shared externally, who uses the data element externally and how
127 a data element is shared externally;
128 (iii) restrictions on the use of a data element; and
129 (iv) parent and student rights to a data element;
130 (b) designates student data elements as:
131 (i) necessary student data; or
132 (ii) optional student data;
133 (c) designates student data elements as required by state or federal law; and
134 (d) without disclosing student data or security information, is displayed on the
135 education entity's website.
136 (17) "Necessary student data" means data required by state statute or federal law to
137 conduct the regular activities of an education entity, including:
138 (a) name;
139 (b) date of birth;
140 (c) sex;
141 (d) parent contact information;
142 (e) custodial parent information;
143 (f) contact information;
144 (g) a student identification number;
145 (h) local, state, and national assessment results or an exception from taking a local,
146 state, or national assessment;
147 (i) courses taken and completed, credits earned, and other transcript information;
148 (j) course grades and grade point average;
149 (k) grade level and expected graduation date or graduation cohort;
150 (l) degree, diploma, credential attainment, and other school exit information;
151 (m) attendance and mobility;
152 (n) drop-out data;
153 (o) immunization record or an exception from an immunization record;
154 (p) race;
155 (q) ethnicity;
156 (r) tribal affiliation;
157 (s) remediation efforts;
158 (t) an exception from a vision screening required under Section 53A-11-203 or
159 information collected from a vision screening required under Section 53A-11-203;
160 (u) information related to the Utah Registry of Autism and Developmental Disabilities,
161 described in Section 26-7-4;
162 (v) student injury information;
163 (w) a cumulative disciplinary record created and maintained as described in Section
165 (x) juvenile delinquency records;
166 (y) English language learner status; and
167 (z) child find and special education evaluation data related to initiation of an IEP.
168 (18) (a) "Optional student data" means student data that is not:
169 (i) necessary student data; or
170 (ii) student data that an education entity may not collect under Section 53A-1-1406.
171 (b) "Optional student data" includes:
172 (i) information that is:
173 (A) related to an IEP or needed to provide special needs services; and
174 (B) not necessary student data;
175 (ii) biometric information; and
176 (iii) information that is not necessary student data and that is required for a student to
177 participate in a federal or other program.
178 (19) "Parent" means a student's parent or legal guardian.
179 (20) (a) "Personally identifiable student data" means student data that identifies or is
180 used by the holder to identify a student.
181 (b) "Personally identifiable student data" includes:
182 (i) a student's first and last name;
183 (ii) the first and last name of a student's family member;
184 (iii) a student's or a student's family's home or physical address;
185 (iv) a student's email address or other online contact information;
186 (v) a student's telephone number;
187 (vi) a student's social security number;
188 (vii) a student's biometric identifier;
189 (viii) a student's health or disability data;
190 (ix) a student's education entity student identification number;
191 (x) a student's social media user name and password or alias;
192 (xi) if associated with personally identifiable student data, the student's persistent
193 identifier, including:
194 (A) a customer number held in a cookie; or
195 (B) a processor serial number;
196 (xii) a combination of a student's last name or photograph with other information that
197 together permits a person to contact the student online;
198 (xiii) information about a student or a student's family that a person collects online and
199 combines with other personally identifiable student data to identify the student; and
200 (xiv) other information that is linked to a specific student that would allow a
201 reasonable person in the school community, who does not have first-hand knowledge of the
202 student, to identify the student with reasonable certainty.
203 (21) "School official" means an employee or agent of an education entity, if the
204 education entity has authorized the employee or agent to request or receive student data on
205 behalf of the education entity.
206 (22) (a) "Student data" means information about a student at the individual student
208 (b) "Student data" does not include aggregate or de-identified data.
209 (23) "Student data disclosure statement" means a student data disclosure statement
210 described in Section 53A-1-1406.
211 (24) "Student data manager" means:
212 (a) the state student data officer; or
213 (b) an individual designated as a student data manager by an education entity under
214 Section 53A-1-1404.
219 (25) (a) "Targeted advertising" means presenting advertisements to a student where the
220 advertisement is selected based on information obtained or inferred over time from that
221 student's online behavior, usage of applications, or student data.
222 (b) "Targeted advertising" does not include advertising to a student:
223 (i) at an online location based upon that student's current visit to that location; or
224 (ii) in response to that student's request for information or feedback, without retention
225 of that student's online activities or requests over time for the purpose of targeting subsequent
227 (26) "Third-party contractor" means a person who:
228 (a) is not an education entity; and
229 (b) pursuant to a contract with an education entity, collects or receives student data in
230 order to provide a product or service, as described in the contract, if the product or service is
231 not related to school photography, yearbooks, graduation announcements, or a similar product
232 or service.
233 Section 2. Section 53A-1-1406 is amended to read:
234 53A-1-1406. Collecting student data -- Prohibition -- Student data disclosure
235 statement -- Authorization.
236 (1) An education entity shall comply with this section beginning with the 2017-18
237 school year.
238 (2) An education entity may not collect a student's:
239 (a) social security number; or
240 (b) except as required in Section 78A-6-112, criminal record.
241 (3) An education entity that collects student data into a cumulative record shall, in
242 accordance with this section, prepare and distribute to parents and students a student data
243 disclosure statement that:
244 (a) is a prominent, stand-alone document;
245 (b) is annually updated and published on the education entity's website;
246 (c) states the necessary and optional student data the education entity collects;
247 (d) states that the education entity will not collect the student data described in
248 Subsection (2);
249 (e) states the student data described in Section 53A-1-1409 that the education entity
250 may not share without a data authorization;
255 "The collection, use, and sharing of student data has both benefits and risks. Parents
256 and students should learn about these benefits and risks and make choices regarding student
257 data accordingly.";
259 data; and
261 (4) An education entity may collect the necessary student data of a student into a
262 cumulative record if the education entity provides a student data disclosure statement to:
263 (a) the student, if the student is an adult student; or
264 (b) the student's parent, if the student is not an adult student.
265 (5) An education entity may collect optional student data into a cumulative record if
266 the education entity:
267 (a) provides, to an individual described in Subsection (4), a student data disclosure
268 statement that includes a description of:
269 (i) the optional student data to be collected; and
270 (ii) how the education entity will use the optional student data; and
271 (b) obtains a data authorization to collect the optional student data from an individual
272 described in Subsection (4).
273 (6) An education entity may collect a student's biometric identifier or biometric
274 information into a cumulative record if the education entity:
275 (a) provides, to an individual described in Subsection (4), a biometric information
276 disclosure statement that is separate from a student data disclosure statement, which states:
277 (i) the biometric identifier or biometric information to be collected;
278 (ii) the purpose of collecting the biometric identifier or biometric information; and
279 (iii) how the education entity will use and store the biometric identifier or biometric
280 information; and
281 (b) obtains a data authorization to collect the biometric identifier or biometric
282 information from an individual described in Subsection (4).
283 Section 3. Section 53A-1-1410 is amended to read:
284 53A-1-1410. Third-party contractors -- Use and protection of student data --
285 Contract requirements -- Completion of contract -- Required and allowed uses of student
286 data -- Restrictions on the use of student data -- Exceptions.
287 (1) A third-party contractor shall use personally identifiable student data received
288 under a contract with an education entity strictly for the purpose of providing the contracted
289 product or service within the negotiated contract terms.
290 (2) When contracting with a third-party contractor, an education entity shall require the
291 following provisions in the contract:
292 (a) requirements and restrictions related to the collection, use, storage, or sharing of
293 student data by the third-party contractor that are necessary for the education entity to ensure
294 compliance with the provisions of this part and board rule;
295 (b) a description of a person, or type of person, including an affiliate of the third-party
296 contractor, with whom the third-party contractor may share student data;
297 (c) provisions that, at the request of the education entity, govern the deletion of the
298 student data received by the third-party contractor;
299 (d) except as provided in Subsection (4) and if required by the education entity,
300 provisions that prohibit the secondary use of personally identifiable student data by the
301 third-party contractor; and
302 (e) an agreement by the third-party contractor that, at the request of the education entity
303 that is a party to the contract, the education entity or the education entity's designee may audit
304 the third-party contractor to verify compliance with the contract.
305 (3) As authorized by law or court order, a third-party contractor shall share student data
306 as requested by law enforcement.
307 (4) A third-party contractor may:
308 (a) use student data for adaptive learning or customized student learning purposes;
309 (b) market an educational application or product to a parent or legal guardian of a
310 student if the third-party contractor did not use student data, shared by or collected on behalf of
311 an education entity, to market the educational application or product;
312 (c) use a recommendation engine to recommend to a student:
313 (i) content that relates to learning or employment, within the third-party contractor's
314 internal application, if the recommendation is not motivated by payment or other consideration
315 from another party; or
316 (ii) services that relate to learning or employment, within the third-party contractor's
317 internal application, if the recommendation is not motivated by payment or other consideration
318 from another party;
319 (d) respond to a student request for information or feedback, if the content of the
320 response is not motivated by payment or other consideration from another party; [
321 (e) use student data to allow or improve operability and functionality of the third-party
322 contractor's internal application[
323 (f) identify for a student nonprofit institutions of higher education or scholarship
324 providers that are seeking students who meet specific criteria:
325 (i) regardless of whether the identified nonprofit institutions of higher education or
326 scholarship providers provide payment or other consideration to the third-party contractor; and
327 (ii) except as provided in Subsection (5), only if the third-party contractor obtains
328 written consent:
329 (A) of a student's parent or legal guardian through the student's school or LEA; or
330 (B) for a student who is age 18 or older or an emancipated minor, from the student.
331 (5) A third-party contractor is not required to obtain written consent under Subsection
332 (4)(f)(ii) if the third-party contractor:
333 (a) is a national assessment provider; and
334 (b) (i) secures the express written consent of the student or the student's parent; and
335 (ii) the express written consent is given in response to clear and conspicuous notice
336 that the national assessment provider requests consent solely to provide access to information
337 on employment, educational scholarships, financial aid, or postsecondary educational
340 been renewed, a third-party contractor shall[
342 identifiable student data under the control of the education entity unless a student or the
343 student's parent consents to the maintenance of the personally identifiable student data.
347 (i) except as provided in [
349 (ii) collect, use, or share student data, if the collection, use, or sharing of the student
350 data is inconsistent with the third-party contractor's contract with the education entity; or
351 (iii) use student data for targeted advertising.
352 (b) A person may obtain student data through the purchase of, merger with, or
353 otherwise acquiring a third-party contractor if the third-party contractor remains in compliance
354 with this section.
356 purchasing an external application is not required to ensure that the external application
357 obtained through the provider complies with this section.
359 (a) apply to the use of an external application, including the access of an external
360 application with login credentials created by a third-party contractor's internal application;
361 (b) apply to the providing of Internet service; or
362 (c) impose a duty on a provider of an interactive computer service, as defined in 47
363 U.S.C. Sec. 230, to review or enforce compliance with this section.
364 Section 4. Section 53B-17-108 is amended to read:
365 53B-17-108. Utah Futures.
366 (1) As used in this section:
367 (a) "Education provider" means:
368 (i) a Utah institution of higher education as defined in Section 53B-2-101; or
369 (ii) a nonprofit Utah provider of postsecondary education.
370 (b) "Student user" means:
371 (i) a Utah student in kindergarten through grade 12;
372 (ii) a Utah post secondary education student;
373 (iii) a parent or guardian of a Utah public education student; or
374 (iv) a Utah potential post secondary education student.
375 (c) "Utah Futures" means a career planning program developed and administered by
376 the Utah Futures Steering Committee.
377 (d) "Utah Futures Steering Committee" means a committee of members designated by
378 the governor to administer and manage Utah Futures.
379 (2) The Utah Futures Steering Committee shall ensure, as funding allows and is
380 feasible, that Utah Futures will:
381 (a) allow a student user to:
385 (i) access, subject to Subsection (3), information about an education provider or a
386 scholarship provider;
388 related educational requirements to enter that career;
393 application process;
395 one location without having to fully replicate the application process for multiple education
396 providers; and
398 interest and apply for those jobs without having to leave the website to do so;
399 (b) allow all users to:
400 (i) access information about different career opportunities and understand the related
401 educational requirements to enter that career;
402 (ii) access information about education providers;
403 (iii) access up-to-date information about entrance requirements to education providers;
404 (iv) apply for entrance to multiple schools without having to fully replicate the
405 application process;
406 (v) apply for loans, scholarships, or grants from multiple education providers in one
407 location without having to fully replicate the application process for multiple education
408 providers; and
409 (vi) research open jobs from different companies within the user's career interest and
410 apply for those jobs without having to leave the website to do so;
411 (c) allow an education provider to:
412 (i) [
413 student users who are interested in various educational [
414 (ii) promote the education provider's programs and schools to student users; and
415 (iii) connect with student users within the Utah Futures website;
416 (d) allow a Utah business to:
417 (i) [
418 student users who are pursuing educational [
419 jobs the Utah business is trying to fill now or in the future; and
420 (ii) market jobs and communicate with student users through the Utah Futures website
421 as allowed by law;
422 (e) provide analysis and reporting on student user interests and education paths within
423 the education system; and
424 (f) allow all users of the Utah Futures' system to communicate and interact through
425 social networking tools within the Utah Futures website as allowed by law.
426 (3) A student may access information described in Subsection (2)(a)(i) only if Utah
427 Futures obtains written consent:
428 (a) of a student's parent or legal guardian through the student's school or LEA; or
429 (b) for a student who is age 18 or older or an emancipated minor, from the student.
430 (4) The Utah Futures Steering Committee:
431 (a) may charge a fee to a Utah business for services provided by Utah Futures under
432 this section; and
433 (b) shall establish a fee described in Subsection (4)(a) in accordance with Section