This document includes House Floor Amendments incorporated into the bill on Wed, Mar 2, 2022 at 5:58 PM by pflowers.
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8 LONG TITLE
9 General Description:
10 This bill enacts and amends provisions related to higher education data privacy and
11 governance.
12 Highlighted Provisions:
13 This bill:
14 ▸ transfers the Utah Data Resource Center (center) from the Department of Workforce
15 Services to the Utah System of Higher Education;
16 ▸ expands the duties of the center by requiring the center to collect and promote
17 access to data from institutions of higher education and collaborate with the Board
18 of Higher Education and the State Board of Education to coordinate access to
19 certain student identifier information;
20 ▸ requires the commissioner of higher education to:
21 • appoint a director of the center to serve as chair of the Utah Data Research
22 Advisory Board; and
23 • appoint the member who represents the center to the School Readiness Board;
24 ▸ requires the center to include information regarding the center's activities and
25 accomplishments in the center's annual report to the Legislature;
26 ▸ provides for higher education student data protection at the state and institution of
27 higher education (institution) levels;
28 ▸ requires the state privacy officer to establish a privacy advisory group;
29 ▸ enacts requirements for data protection and maintenance for the Utah Board of
30 Higher Education, institutions, and third-party contractors;
31 ▸ creates requirements for a third-party contractor's use of student data;
32 ▸ creates penalties for an institution that contracts with a third-party contractor that
33 permits unauthorized collecting, sharing, or use of student data;
34 ▸ defines terms; and
35 ▸ makes technical and conforming changes.
36 Money Appropriated in this Bill:
37 This bill appropriates in fiscal year 2023:
38 ▸ to Utah Board of Higher Education -- Administration, as an ongoing appropriation:
39 • from the Education Fund, $770,000; and
40 ▸ to Utah Board of Higher Education -- Administration, as a one-time appropriation:
41 • from the Education Fund, $275,000.
42 Other Special Clauses:
43 This bill provides a special effective date.
44 Utah Code Sections Affected:
45 AMENDS:
46 35A-15-201, as last amended by Laws of Utah 2019, Chapters 246, 246 and
47 renumbered and amended by Laws of Utah 2019, Chapters 342, 342 and last
48 amended by Coordination Clause, Laws of Utah 2019, Chapter 342
49 53B-1-109, as last amended by Laws of Utah 2020, Chapter 365
50 53E-1-201, as last amended by Laws of Utah 2021, Chapters 64, 251, and 351
51 53E-4-308, as last amended by Laws of Utah 2020, Chapter 365
52 53E-10-706, as last amended by Laws of Utah 2019, Chapter 186
53 53E-10-707, as last amended by Laws of Utah 2019, Chapter 186
54 ENACTS:
55 53B-28-501, Utah Code Annotated 1953
56 53B-28-502, Utah Code Annotated 1953
57 53B-28-503, Utah Code Annotated 1953
58 53B-28-504, Utah Code Annotated 1953
59 53B-28-505, Utah Code Annotated 1953
60 53B-28-506, Utah Code Annotated 1953
61 RENUMBERS AND AMENDS:
62 53B-33-101, (Renumbered from 35A-14-102, as last amended by Laws of Utah 2020,
63 Chapter 365)
64 53B-33-201, (Renumbered from 35A-14-201, as enacted by Laws of Utah 2017,
65 Chapter 375)
66 53B-33-202, (Renumbered from 35A-14-203, as last amended by Laws of Utah 2020,
67 Chapter 365)
68 53B-33-203, (Renumbered from 35A-14-204, as enacted by Laws of Utah 2017,
69 Chapter 375)
70 53B-33-301, (Renumbered from 35A-14-301, as enacted by Laws of Utah 2017,
71 Chapter 375)
72 53B-33-302, (Renumbered from 35A-14-302, as last amended by Laws of Utah 2020,
73 Chapter 365)
74 53B-33-303, (Renumbered from 35A-14-303, as enacted by Laws of Utah 2017,
75 Chapter 375)
76 53B-33-304, (Renumbered from 35A-14-304, as enacted by Laws of Utah 2017,
77 Chapter 375)
78 REPEALS:
79 35A-14-101, as enacted by Laws of Utah 2017, Chapter 375
80 35A-14-202, as enacted by Laws of Utah 2017, Chapter 375
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82 Be it enacted by the Legislature of the state of Utah:
83 Section 1. Section 35A-15-201 is amended to read:
84 35A-15-201. Establishment of the School Readiness Board -- Membership --
85 Funding prioritization.
86 (1) There is created the School Readiness Board within the department composed of:
87 (a) the executive director or the executive director's designee;
88 (b) one member appointed by the State Board of Education;
89 (c) one member appointed by the chair of the State Charter School Board;
90 (d) two members who have research experience in the area of early childhood
91 development, with:
92 (i) one member who is not a legislator and is appointed by the speaker of the House of
93 Representatives; and
94 (ii) one member who represents the Utah Data Research Center created in Section
95 53B-33-201, appointed by the [
96 (e) one member, who is not a legislator and is appointed by the president of the Senate,
97 who:
98 (i) has expertise in results-based contracts; or
99 (ii) represents a financial institution that has experience managing a portfolio that
100 meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq.;
101 (f) one member, appointed by the executive director, who has expertise in early
102 childhood education;
103 (g) one member, appointed by the state superintendent, who has expertise in early
104 childhood education;
105 (h) one member, appointed by the governor, who represents a nonprofit corporation
106 that focuses on early childhood education; and
107 (i) one member, appointed by the executive director, who owns and operates a licensed
108 child care center located in the state.
109 (2) (a) A member described in Subsection (1)(b), (c), (d), (e), (f), (g), or (h) shall serve
110 for a term of two years.
111 (b) If a vacancy occurs for a member described in Subsection (1)(b), (c), (d), (e), (f),
112 (g), or (h), the individual appointing the member shall appoint a replacement to serve the
113 remainder of the member's term.
114 (3) (a) A member may not receive compensation or benefits for the member's service.
115 (b) A member may serve more than one term.
116 (4) The department shall provide staff support to the board.
117 (5) (a) The board members shall elect a chair of the board from the board's
118 membership.
119 (b) The board shall meet upon the call of the chair or a majority of the board members.
120 (6) In allocating funding received under this chapter, the board shall:
121 (a) give first priority to repayment of an investor who is a party to a results-based
122 contract under the Laws of Utah, 2014, Chapter 304, Section 10; and
123 (b) determine prioritization of funding for the remaining programs described in this
124 chapter.
125 Section 2. Section 53B-1-109 is amended to read:
126 53B-1-109. Coordination of higher education and public education information
127 technology systems -- Use of unique student identifier.
128 (1) As used in this section[
129 (a) "Center" means the Utah Data Research Center created in Section 53B-33-201.
130 (b) "Institution of higher education" means an institution of higher education described
131 in Section 53B-1-102.
132 (c) student identifier" means the same as that term is defined in Section 53E-4-308.
133 (2) The board and State Board of Education, in collaboration with the center, shall:
134 (a) coordinate public education and higher education information technology systems
135 to allow individual student academic achievement to be tracked through both education
136 systems in accordance with this section and Section 53E-4-308[
137 (b) coordinate access to the unique student identifier of a public education student who
138 later attends an institution of higher education.
139 (3) Information technology systems used at an institution [
140 higher education shall use the unique student identifier of all students who have previously
141 been assigned a unique student identifier.
142 Section 3. Section 53B-28-501 is enacted to read:
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144 53B-28-501. Definitions.
145 As used in this part:
146 (1) "Advisory group" means the institution of higher education privacy advisory group
147 established by the state privacy officer under Section 53B-28-502.
148 (2) "Aggregate data" means data that:
149 (a) are totaled and reported at the group, cohort, class, course, institution, region, or
150 state level, with at least 10 individuals in the level; and
151 (b) do not reveal personally identifiable student data.
152 (3) "Data breach" means an unauthorized release of or unauthorized access to
153 personally identifiable student data that an education entity maintains.
154 (4) "Data governance plan" means an education entity's comprehensive plan for
155 managing education data that:
156 (a) incorporates reasonable data industry best practices to maintain and protect student
157 data and other education-related data;
158 (b) describes the role, responsibility, and authority of the board or an institution privacy
159 officer;
160 (c) provides for necessary technical assistance, training, support, and auditing;
161 (d) describes the process for sharing student data between the education entity and
162 another person;
163 (e) describes the education entity's data expungement process, including how to
164 respond to requests for expungement;
165 (f) describes the data breach response process; and
166 (g) is published annually and available on the institution's website or the Utah System
167 of Higher Education's website.
168 (5) "Education entity" means the Utah Board of Higher Education or an institution.
169 (6) "Higher education privacy officer" means a privacy officer that the board designates
170 under Section 53B-28-503.
171 (7) "Institution" means an institution of higher education described in Section
172 53B-1-102.
173 (8) "Minor" means a person younger than 18 years old.
174 (9) (a) "Personally identifiable student data" means student data that identifies or is
175 used by the holder to identify a student.
176 (b) "Personally identifiable student data" includes:
177 (i) a student's first and last name;
178 (ii) the first and last name of a student's family member;
179 (iii) a student's or a student's family's home or physical address;
180 (iv) a student's email address or other online contact information;
181 (v) a student's telephone number;
182 (vi) a student's social security number;
183 (vii) a student's biometric identifier;
184 (viii) a student's health or disability data;
185 (ix) a student's education entity student identification number;
186 (x) a student's social media user name and password or alias;
187 (xi) if associated with personally identifiable student data, the student's persistent
188 identifier, including:
189 (A) a customer number held in a cookie; or
190 (B) a processor serial number;
191 (xii) a combination of a student's last name or photograph with other information that
192 together permits a person to contact the student online;
193 (xiii) information about a student or a student's family that a person collects online and
194 combines with other personally identifiable student data to identify the student; and
195 (xiv) information that, alone or in combination, is linked or linkable to a specific
196 student that would allow a reasonable person in the school community, who does not have
197 personal knowledge of the relevant circumstances, to identify the student with reasonable
198 certainty.
199 (10) "State privacy officer" means the state privacy officer described in Section
200 67-3-13.
201 (11) "Student" means an individual enrolled in an institution.
202 (12) (a) "Student data" means information about a student at the individual student
203 level.
204 (b) "Student data" does not include aggregate or de-identified data.
205 (13) "Third-party contractor" means a person who:
206 (a) is not an institution or an employee of an institution; and
207 (b) pursuant to a contract with an education entity, collects or receives student data in
208 order to provide a product or service, as described in the contract, if the product or service is
209 not related to school photography, yearbooks, graduation announcements, or a similar product
210 or service.
211 Section 4. Section 53B-28-502 is enacted to read:
212 53B-28-502. State student data protection governance.
213 (1) The state privacy officer shall establish a higher education privacy advisory group
214 to advise institutions and institution boards of trustees on student data protection.
215 (2) The advisory group shall consist of:
216 (a) the state privacy officer;
217 (b) the higher education privacy officer; and
218 (c) the following members, appointed by the commissioner of higher education:
219 (i) at least one Utah system of higher education employee; and
220 (ii) at least one representative of the Utah Board of Higher Education.
221 (3) The advisory group shall:
222 (a) discuss and make recommendations to the board and institutions regarding:
223 (i) existing and proposed:
224 (A) board rules; or
225 (B) board policies of the Utah Board of Higher Education or institutions; and
226 (ii) training on protecting student data privacy; and
227 (b) perform other tasks related to student data protection as designated by the Utah
228 Board of Higher Education.
229 (4) The higher education privacy officer shall:
230 (a) provide training and support to institution boards and employees; and
231 (b) produce:
232 (i) resource materials;
233 (ii) model data governance plans;
234 (iii) model forms for institution student data protection governance; and
235 (iv) a model data collection notice.
236 (5) The board shall:
237 (a) (i) create and maintain a data governance plan; and
238 (ii) annually publish the data governance plan on the Utah System of Higher Education
239 website; and
240 (b) establish standards for:
241 (i) institution policies to protect student data;
242 (ii) institution data governance plans; and
243 (iii) a third-party contractor's use of student data.
244 Section 5. Section 53B-28-503 is enacted to read:
245 53B-28-503. Institution student data protection governance.
246 (1) (a) An institution shall adopt policies to protect student data in accordance with this
247 part and board rule, including the standards the board establishes under Subsection
248 53B-28-502(5).
249 (b) The policies described in Subsection (1)(a) shall take into account the specific
250 needs and priorities of the institution.
251 (2) The board shall designate a higher education privacy officer.
252 (3) The higher education privacy officer shall:
253 (a) verify compliance with student privacy laws, rules, and policies throughout the
254 Utah System of Higher Education;
255 (b) support institutions in developing data governance plans and student data privacy
256 training; and
257 (c) act as the primary point of contact for the state privacy officer.
258 (4) An institution shall:
259 (a) designate an individual to act as the primary contact for the higher education
260 privacy officer;
261 (b) create and maintain an institution:
262 (i) data governance plan that complies with the standards the board establishes under
263 Subsection 53B-28-502(5); and
264 (ii) record of student data privacy training; and
265 (c) annually publish the institution's data governance plan on the institution's website.
266 Section 6. Section 53B-28-504 is enacted to read:
267 53B-28-504. Notification of significant data breach.
268 (1) If a significant data breach occurs at an institution, the institution shall notify each
269 student whose personally-identifiable student data was disclosed.
270 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
271 board shall make rules to define a significant data breach described in Subsection (1).
272 Section 7. Section 53B-28-505 is enacted to read:
273 53B-28-505. Third-party contractors.
274 (1) A third-party contractor shall use personally identifiable student data received
275 under a contract with an education entity strictly for the purpose of providing the contracted
276 product or service within the negotiated contract terms.
277 (2) When contracting with a third-party contractor, an education entity, or a
278 government agency contracting on behalf of an education entity, shall:
279 (a) ensure that the contract terms comply with the standards the board establishes under
280 Subsection 53B-28-502(5); and
281 (b) require the following provisions in the contract:
282 (i) requirements and restrictions related to the collection, use, storage, or sharing of
283 student data by the third-party contractor that are necessary for the education entity to ensure
284 compliance with the provisions of this part and board rule;
285 (ii) a description of a person, or type of person, including an affiliate of the third-party
286 contractor, with whom the third-party contractor may share student data;
287 (iii) provisions that, at the request of the education entity, govern the deletion of the
288 student data received by the third-party contractor;
289 (iv) except as provided in Subsection (4) and if required by the education entity,
290 provisions that prohibit the secondary use of personally identifiable student data by the
291 third-party contractor; and
292 (v) an agreement by the third-party contractor that, at the request of the education entity
293 that is a party to the contract, the education entity or the education entity's designee may audit
294 the third-party contractor to verify compliance with the contract.
295 (3) As authorized by law or court order, a third-party contractor shall share student data
296 as requested by law enforcement.
297 (4) A third-party contractor Ĥ→ [
298 (a) use student data for adaptive learning or customized student learning purposes;
299 (b) market an educational application or product to a student if the third-party
300 contractor does not use student data, shared by or collected on behalf of an education entity, to
301 market the educational application or product;
302 (c) use a recommendation engine to recommend to a student:
303 (i) content that relates to learning or employment, within the third-party contractor's
304 application, if the recommendation is not motivated by payment or other consideration from
305 another party; or
306 (ii) services that relate to learning or employment, within the third-party contractor's
307 application, if the recommendation is not motivated by payment or other consideration from
308 another party;
309 (d) respond to a student request for information or feedback, if the content of the
310 response is not motivated by payment or other consideration from another party;
311 (e) use student data to allow or improve operability and functionality of the third-party
312 contractor's application; or
313 (f) identify for a student nonprofit institutions of higher education or scholarship
314 providers that are seeking students who meet specific criteria:
315 (i) regardless of whether the identified nonprofit institutions of higher education or
316 scholarship providers provide payment or other consideration to the third-party contractor; and
317 (ii) only if the third-party contractor obtains authorization in writing from:
318 (A) the student's parent, if the student is a minor; or
319 (B) the student.
320 (5) At the completion of a contract with an education entity, if the contract has not
321 been renewed, a third-party contractor shall return or delete upon the education entity's request
322 all personally identifiable student data under the control of the education entity unless a student
323 or a minor student's parent consents to the maintenance of the personally identifiable student
324 data.
325 (6) (a) A third-party contractor may not:
326 (i) except as provided in Subsection (6)(b), sell student data;
327 (ii) collect, use, or share student data, if the collection, use, or sharing of the student
328 data is inconsistent with the third-party contractor's contract with the education entity; or
329 (iii) use student data for targeted advertising.
330 (b) A person may obtain student data through the purchase of, merger with, or
331 otherwise acquiring a third-party contractor if the third-party contractor remains in compliance
332 with this section.
333 (7) The provisions of this section do not:
334 (a) apply to the use of a general audience application, including the access of a general
335 audience application with login credentials created by a third-party contractor's application;
336 (b) apply if the student data is shared in accordance with the education entity's
337 directory information policy, as described in 34 C.F.R. Sec. 99.37;
338 (c) apply to the providing of Internet service; or
339 (d) impose a duty on a provider of an interactive computer service, as defined in 47
340 U.S.C. Sec. 230, to review or enforce compliance with this section.
341 (8) A provision of this section that relates to a student's student data does not apply to a
342 third-party contractor if the education entity or third-party contractor obtains authorization from
343 the following individual, in writing, to waive that provision:
344 (a) the student's parent, if the student is a minor; or
345 (b) the student.
346 Section 8. Section 53B-28-506 is enacted to read:
347 53B-28-506. Penalties.
348 (1) (a) An institution that contracts with a third-party contractor that knowingly or
349 recklessly permits unauthorized collecting, sharing, or use of student data under this part:
350 (i) except as provided in Subsection (1)(b), may not enter into a future contract with the
351 third-party contractor; and
352 (ii) may be required by the board to pay a civil penalty of up to $25,000.
353 (b) An education entity may enter into a contract with a third-party contractor that
354 knowingly or recklessly permitted unauthorized collecting, sharing, or use of student data if:
355 (i) the education entity determines that the third-party contractor has corrected the
356 errors that caused the unauthorized collecting, sharing, or use of student data; and
357 (ii) the third-party contractor demonstrates:
358 (A) if the third-party contractor is under contract with the education entity, current
359 compliance with this part; or
360 (B) an ability to comply with the requirements of this part.
361 (c) The board may assess the civil penalty described in Subsection (1)(a)(ii) in
362 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
363 (d) The board may bring an action in the district court of the county in which the office
364 of the education entity is located, if necessary, to enforce payment of the civil penalty described
365 in Subsection (1)(a)(ii).
366 (e) An individual who knowingly or intentionally permits unauthorized collecting,
367 sharing, or use of student data may be found guilty of a class A misdemeanor.
368 (2) (a) A student or a minor student's parent may bring an action against an institution
369 in a court of competent jurisdiction for damages caused by a knowing or reckless violation of
370 Section 53B-28-505 by a third-party contractor that the institution contracts with under
371 53B-28-505.
372 (b) If the court finds that a third-party contractor has violated Section 53B-28-505, the
373 court may order the institution to pay to the parent or student:
374 (i) damages; and
375 (ii) costs.
376 Section 9. Section 53B-33-101, which is renumbered from Section 35A-14-102 is
377 renumbered and amended to read:
378 [
379 As used in this chapter:
380 (1) "Advisory board" means the Utah Data Research Advisory Board created in Section
381 [
382 (2) "Center" means the Utah Data Research Center created in Section 53B-33-201.
383 (3) "Data" means any information about a person stored in a physical or electronic
384 record.
385 (4) "Data research program" means the data maintained by the center in accordance
386 with Section [
387 (5) "De-identified data" means data about a person that cannot, without additional
388 information, identify the person to another person or machine.
389 (6) "Director" means the director of the [
390 Utah Data Research Center created in Section 53B-33-201.
391 (7) "Institution of higher education" means an institution of higher education described
392 in Section 53B-1-102.
393 [
394 (a) the State Board of Education, which includes the director as defined in Section
395 53E-10-701;
396 (b) the [
397 (c) the Department of Workforce Services; and
398 (d) the Department of Health and Human Services.
399 (9) "Unique student identifier" means the same as that term is defined in Section
400 53E-4-308.
401 Section 10. Section 53B-33-201, which is renumbered from Section 35A-14-201 is
402 renumbered and amended to read:
403 [
404 The Utah Data Research Center is created within the [
405
406 Section 11. Section 53B-33-202, which is renumbered from Section 35A-14-203 is
407 renumbered and amended to read:
408 [
409 Composition -- Appointment.
410 (1) There is created the Utah Data Research Advisory Board [
411
412 (2) The [
413 following members:
414 (a) the state superintendent of the State Board of Education or the state superintendent's
415 designee;
416 (b) the commissioner [
417 or the commissioner's designee;
418 (c) the executive director of the Department of Workforce Services or the executive
419 director's designee; and
420 (d) the executive director of the Department of Health and Human Services or the
421 executive director's designee.
422 (3) The [
423 (4) A member of the advisory board:
424 (a) except to the extent a member's service on the advisory board is related to the
425 member's duties outside of the advisory board, may not receive compensation or benefits for
426 the member's service; and
427 (b) may receive per diem and travel expenses in accordance with:
428 (i) Section 63A-3-106;
429 (ii) Section 63A-3-107; and
430 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
431 Section 12. Section 53B-33-203, which is renumbered from Section 35A-14-204 is
432 renumbered and amended to read:
433 [
434 support.
435 (1) The commissioner shall appoint a director [
436 operations of the center.
437 (2) The director may, with the [
438 including:
439 (a) data scientists;
440 (b) data technology experts; and
441 (c) data security experts.
442 Section 13. Section 53B-33-301, which is renumbered from Section 35A-14-301 is
443 renumbered and amended to read:
444 [
445 (1) The center shall establish a data research program for the purpose of analyzing data
446 that is:
447 (a) collected over time;
448 (b) aggregated from multiple sources; and
449 (c) connected and de-identified.
450 (2) The center may, in order to establish the data research program described in
451 Subsection (1):
452 (a) acquire property or equipment in order to store aggregated, connected, and
453 de-identified data derived from data contributed by the participating entities; or
454 (b) contract with a private entity in accordance with Title 63G, Chapter 6a, Utah
455 Procurement Code, or with a state government entity to:
456 (i) store aggregated, connected, and de-identified data derived from data contributed by
457 the participating entities; or
458 (ii) utilize existing aggregated, connected, and de-identified data maintained by a state
459 government entity.
460 (3) A participating entity shall contribute data to the data research program described in
461 Subsection (1) within guidelines established by the center.
462 (4) The center may only release data maintained by the center in accordance with the
463 procedures described in this chapter.
464 (5) The center shall:
465 (a) as directed by the board, serve as a repository in the state of data from institutions
466 of higher education;
467 (b) collaborate with the board and the State Board of Education to coordinate access to
468 the unique student identifier of a public education student who later attends an institution of
469 higher education in accordance with Sections 53B-1-109 and 53E-4-308;
470 (c) develop, establish, and maintain programs that promote access to data from
471 institutions of higher education;
472 (d) identify initiatives that leverage education data that will improve a state citizen's
473 ability to:
474 (i) access services at an institution of higher education; or
475 (ii) graduate with a postsecondary certificate or degree; and
476 (e) perform all other duties provided in this chapter.
477 (6) The director shall identify the resources necessary to successfully implement
478 initiatives described in Subsection (5)(d), in accordance with Section 53B-7-101.
479 (7) The center may:
480 (a) employ staff necessary to carry out the center's duties;
481 (b) purchase, own, create, or maintain equipment necessary to:
482 (i) collect data from the participating entities;
483 (ii) connect and de-identify data collected by the center;
484 (iii) store connected and de-identified data; or
485 (iv) conduct research on data stored or obtained by the center; or
486 (c) contract with a private entity, another state or federal entity, or a political
487 subdivision of the state to carry out the center's duties as provided in this chapter.
488 [
489 Records Access and Management Act.
490 Section 14. Section 53B-33-302, which is renumbered from Section 35A-14-302 is
491 renumbered and amended to read:
492 [
493 (1) The center shall use data that the center maintains or that a participating entity
494 contributes to the data research program under Section [
495 research for the purpose of developing public policy for the state.
496 (2) The director, with consultation by the advisory board, shall create a prioritized list
497 of data research for the center to conduct using the data research program each year.
498 (3) (a) In developing the list described in Subsection (2), the center shall accept data
499 research requests from:
500 (i) a legislative committee or a legislative staff office;
501 (ii) the governor or an executive branch agency;
502 (iii) the State Board of Education; and
503 (iv) the [
504 [
505
506 [
507 Interim Committee before December 1 of each year.
508 (4) In addition to conducting data research in accordance with the prioritized list
509 described in Subsection (2), the center may use additional resources to prepare data research at
510 the request of:
511 (a) a state government entity;
512 (b) a political subdivision of the state;
513 (c) a private entity; or
514 (d) a member of the public.
515 (5) The director, with approval by the advisory board, shall determine, for a data
516 research request described in Subsection (4):
517 (a) whether the center has the resources to complete the data research request;
518 (b) the order in which the center shall complete the data research request, if at all; and
519 (c) a reasonable estimated cost for the request.
520 (6) The center, after evaluating a request under Subsection (5), shall:
521 (a) provide the person that requested the data research with a cost estimate; and
522 (b) require, before accepting a data research request, that the person that submitted the
523 data research request agree to pay, once the data research is complete, the full cost of
524 completing the data research request as determined by the center under Subsection (5).
525 (7) The center shall make available to the public, on a website maintained by the
526 center, any data research request that the center completes under this section.
527 (8) The center shall ensure that any data contained in a completed data research request
528 is de-identified.
529 (9) The center shall:
530 (a) establish, by rule made in accordance with Title 63G, Chapter 3, Utah
531 Administrative Rulemaking Act:
532 (i) procedures for submitting a data research request under this section;
533 (ii) criteria to determine how to prioritize data research requests; and
534 (iii) minimum standards for information a person is required to include in a data
535 research request; and
536 (b) create a fee schedule in accordance with Section 63J-1-504 for completing a data
537 research request.
538 (10) In addition to submitting a data research request under Subsection (4), a
539 participating entity, executive branch agency, or legislative staff office may request, and the
540 center may release, a data set from the data research program if the data set is:
541 (a) connected;
542 (b) aggregated; and
543 (c) de-identified.
544 (11) (a) The center shall use any fee the center collects under this section to cover the
545 center's costs to administer this chapter.
546 (b) The center shall deposit any fee the center collects under this section not used to
547 cover the center's costs into the General Fund.
548 Section 15. Section 53B-33-303, which is renumbered from Section 35A-14-303 is
549 renumbered and amended to read:
550 [
551 (1) In addition to performing data research and responding to data research requests
552 under Section [
553 portal that provides access to the public to connected, aggregated, and de-identified data in the
554 program.
555 (2) The data visualization portal described in Subsection (1) shall include role-based
556 dashboards that:
557 (a) allow a user to query data in the program;
558 (b) integrate real-time data; and
559 (c) allow a user to view queried data in a customizable environment.
560 Section 16. Section 53B-33-304, which is renumbered from Section 35A-14-304 is
561 renumbered and amended to read:
562 [
563 (1) The center shall report to the Education Interim Committee:
564 (a) before July 1 of each year regarding the center's:
565 (i) research and services priorities for the year; [
566 (ii) completed research from the previous year; and
567 (iii) activities and accomplishments in the previous year; and
568 (b) before December 1 of each year, the center's ongoing data research and services
569 priority list described in Subsection [
570 (2) The Education Interim Committee shall provide the center ongoing input regarding
571 the center's activities and data research priorities.
572 Section 17. Section 53E-1-201 is amended to read:
573 53E-1-201. Reports to and action required of the Education Interim Committee.
574 (1) In accordance with applicable provisions and Section 68-3-14, the following
575 recurring reports are due to the Education Interim Committee:
576 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
577 including the information described in Section 9-22-113 on the status of the computer science
578 initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
579 (b) the prioritized list of data research described in Section [
580 and the report on research and activities described in Section [
581 Utah Data Research Center;
582 (c) the report described in Section 35A-15-303 by the State Board of Education on
583 preschool programs;
584 (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
585 on career and technical education issues and addressing workforce needs;
586 (e) the annual report of the Utah Board of Higher Education described in Section
587 53B-1-402;
588 (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
589 regarding activities related to campus safety;
590 (g) the State Superintendent's Annual Report by the state board described in Section
591 53E-1-203;
592 (h) the annual report described in Section 53E-2-202 by the state board on the strategic
593 plan to improve student outcomes;
594 (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
595 the Deaf and the Blind;
596 (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
597 Actionable, and Dynamic Education director on research and other activities;
598 (k) the report described in Section 53F-4-203 by the state board and the independent
599 evaluator on an evaluation of early interactive reading software;
600 (l) the report described in Section 53F-4-407 by the state board on UPSTART;
601 (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
602 related to grants for professional learning and grants for an elementary teacher preparation
603 assessment; and
604 (n) the report described in Section 53F-5-405 by the State Board of Education
605 regarding an evaluation of a partnership that receives a grant to improve educational outcomes
606 for students who are low income.
607 (2) In accordance with applicable provisions and Section 68-3-14, the following
608 occasional reports are due to the Education Interim Committee:
609 (a) the report described in Section 35A-15-303 by the School Readiness Board by
610 November 30, 2020, on benchmarks for certain preschool programs;
611 (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
612 on or before the Education Interim Committee's November 2021 meeting;
613 (c) the reports described in Section 53E-3-520 by the state board regarding cost centers
614 and implementing activity based costing;
615 (d) if required, the report described in Section 53E-4-309 by the state board explaining
616 the reasons for changing the grade level specification for the administration of specific
617 assessments;
618 (e) if required, the report described in Section 53E-5-210 by the state board of an
619 adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
620 (f) in 2022 and in 2023, on or before November 30, the report described in Subsection
621 53E-10-309(7) related to the PRIME pilot program;
622 (g) the report described in Section 53E-10-702 by Utah Leading through Effective,
623 Actionable, and Dynamic Education;
624 (h) if required, the report described in Section 53F-2-513 by the state board evaluating
625 the effects of salary bonuses on the recruitment and retention of effective teachers in high
626 poverty schools;
627 (i) upon request, the report described in Section 53F-5-207 by the state board on the
628 Intergenerational Poverty Intervention Grants Program;
629 (j) the report described in Section 53F-5-210 by the state board on the Educational
630 Improvement Opportunities Outside of the Regular School Day Grant Program;
631 (k) the report described in Section 53G-7-503 by the state board regarding fees that
632 LEAs charge during the 2020-2021 school year;
633 (l) the reports described in Section 53G-11-304 by the state board regarding proposed
634 rules and results related to educator exit surveys;
635 (m) the report described in Section 62A-15-117 by the Division of Substance Abuse
636 and Mental Health, the State Board of Education, and the Department of Health regarding
637 recommendations related to Medicaid reimbursement for school-based health services; and
638 (n) the reports described in Section 63C-19-202 by the Higher Education Strategic
639 Planning Commission.
640 Section 18. Section 53E-4-308 is amended to read:
641 53E-4-308. Unique student identifier -- Coordination of higher education and
642 public education information technology systems -- Coordination of preschool and public
643 education information technology systems.
644 (1) As used in this section, "unique student identifier" means an alphanumeric code
645 assigned to each public education student for identification purposes, which:
646 (a) is not assigned to any former or current student; and
647 (b) does not incorporate personal information, including a birth date or Social Security
648 number.
649 (2) The state board, through the state superintendent, shall assign each public education
650 student a unique student identifier, which shall be used to track individual student performance
651 on achievement tests administered under this part.
652 (3) The state board and the Utah Board of Higher Education, in collaboration with the
653 Utah Data Research Center created in Section 53B-33-201, shall:
654 (a) coordinate public education and higher education information technology systems
655 to allow individual student academic achievement to be tracked through both education
656 systems in accordance with this section and Section 53B-1-109[
657 [
658 access to the unique student identifier of a public education student who later attends an
659 institution within the state system of higher education.
660 [
661 coordinate assignment of a unique student identifier to each student enrolled in a program
662 described in Title 35A, Chapter 15, Preschool Programs.
663 (b) A unique student identifier assigned to a student under Subsection [
664 remain the student's unique student identifier used by the state board when the student enrolls
665 in a public school in kindergarten or a later grade.
666 (c) The state board, the Department of Workforce Services, and a contractor as defined
667 in Section 53F-4-401, shall coordinate access to the unique student identifier of a preschool
668 student who later attends an LEA.
669 Section 19. Section 53E-10-706 is amended to read:
670 53E-10-706. Electronic resources -- Research clearinghouse.
671 (1) The state board shall publish a ULEAD website containing information provided by
672 the director as described in this part.
673 (2) The director shall within two years of appointment:
674 (a) develop and maintain a research clearinghouse publicly available through the
675 website described in Subsection (1); and
676 (b) include in the research clearinghouse:
677 (i) research on K-12 education, including peer-reviewed research;
678 (ii) information on K-12 education innovation and best practices;
679 (iii) an index and explanation of academic, state, federal, or other K-12 education
680 research repositories;
681 (iv) K-12 education research and policy briefs generated by Utah public and private
682 institutions of higher education, including participating institutions, categorized and searchable
683 by topic;
684 (v) access points to and explanation of currently available K-12 education data,
685 including data managed by the Utah Data Research Center created in Section [
686 53B-33-201 and data maintained by the state board;
687 (vi) other K-12 education information as determined by the director, including
688 information regarding efforts by institutions or other individuals to promote innovative and
689 effective education practices in Utah; and
690 (vii) each innovative practice report prepared by ULEAD, categorized and searchable
691 by topic, location of the studied LEA, and socioeconomic and demographic profile.
692 (3) The director shall publish:
693 (a) an electronic directory of K-12 education experts identified in ULEAD research and
694 reports; and
695 (b) a monthly report to LEAs, via electronic channels provided by the state board,
696 highlighting ULEAD activities and soliciting proposals from education practitioners for
697 ULEAD research and reports.
698 (4) The director may provide electronic seminars or forums for professional learning
699 regarding subjects of ULEAD research and reports to K-12 practitioners.
700 Section 20. Section 53E-10-707 is amended to read:
701 53E-10-707. ULEAD Steering Committee.
702 (1) (a) There is created the ULEAD Steering Committee.
703 (b) The director is the chair of the steering committee.
704 (2) The steering committee shall consist of the following members each appointed for a
705 term of one year:
706 (a) the director;
707 (b) one member appointed by the chair of the state board;
708 (c) the state superintendent or the state superintendent's designee;
709 (d) the staff director of the State Charter School Board or the director's designee;
710 (e) one member appointed by the office of the governor;
711 (f) one member, appointed by the director, who is a superintendent of a school district;
712 (g) one member, appointed by the director, of a local school board;
713 (h) two principals or other public school leaders of public schools that are not charter
714 schools, appointed by the director;
715 (i) two principals or other public school leaders of charter schools, appointed by the
716 director;
717 (j) two educators who hold a current license under Chapter 6, Education Professional
718 Licensure, nominated by LEA leaders and appointed by the director; and
719 (k) two members representing citizens or business, nominated by the members of the
720 public and appointed by the director.
721 (3) (a) A member of the steering committee may be appointed for more than one term.
722 (b) If a midterm vacancy occurs on the steering committee, the appointing individual,
723 as described in Subsection (2), for the vacant position shall appoint an individual for the
724 remainder of the term.
725 (4) (a) The steering committee shall hold a meeting at least semi annually in January
726 and July or on dates otherwise chosen by the director.
727 (b) The state board shall provide space for the steering committee to meet.
728 (5) The steering committee shall:
729 (a) discuss prospective and current ULEAD projects and findings;
730 (b) consult with and make recommendations to the director to prioritize ULEAD
731 reports and areas of focused research;
732 (c) facilitate connections between the director and Utah's political, business, education
733 technology, and academic communities; and
734 (d) make recommendations to improve gathering, retaining, and disseminating
735 education data and research and evaluation findings for use by participating institutions and
736 other education policy researchers, including data managed by the Utah Data Research Center
737 created in Section [
738 (6) In order to determine research priorities for ULEAD, the director shall consult with:
739 (a) members of the Legislature responsible for public education;
740 (b) members of Utah professional education associations, including principals and
741 LEA governing board members; and
742 (c) policy-research centers based in Utah.
743 (7) The state board or state superintendent may request that the director arrange with a
744 participating institution to prepare a report on a specific LEA or area of practice meeting the
745 criteria established in this part.
746 (8) A member of the steering committee may not receive compensation except a
747 member who is a legislator shall receive compensation for travel and other expense
748 reimbursements in accordance with Section 36-2-2.
749 (9) The steering committee shall hold a meeting described in this section in accordance
750 with Title 52, Chapter 4, Open and Public Meetings Act.
751 Section 21. Repealer.
752 This bill repeals:
753 Section 35A-14-101, Title.
754 Section 35A-14-202, Utah Data Research Center -- Powers.
755 Section 22. Appropriation.
756 The following sums of money are appropriated for the fiscal year beginning July 1,
757 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
758 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
759 Act, the Legislature appropriates the following sums of money from the funds or accounts
760 indicated for the use and support of the government of the state of Utah.
761 ITEM 1
762 To Utah Board of Higher Education -- Administration
763 From Education Fund
$770,000
764 From Education Fund, One-time
$275,000
765 Schedule of Programs:
766 Administration $1,045,000
767 The Legislature intends that Utah Board of Higher Education use the appropriation
768 provided under this item to pay for up to seven full-time positions and up to two full-time
769 temporary positions, including related costs, for the purposes of implementing the data research
770 program established by the Utah Data Research Center in accordance with Section 53B-33-301
771 and restructuring the storage system for data maintained by the Utah Data Research Center.
772 Section 23. Effective date.
773 This bill takes effect on July 1, 2022, except that Section 53B-28-506 takes effect on
774 January 1, 2024.