1     
STUDENT ATHLETE PRIVACY PROTECTIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Kwan

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House Sponsor: Marsha Judkins

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7     LONG TITLE
8     General Description:
9          This bill enacts provisions requiring schools to protect student athletic participation
10     forms.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires schools and athletic associations to protect student athletic participation
15     forms by complying with state and federal laws and rules; and
16          ▸     requires athletic associations to prominently place a notice on student athlete
17     participation forms that:
18               •     comply with state and federal laws; and
19               •     provide specific notice to schools and associations on privacy data protection.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
26          53G-6-1201, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53G-6-1201 is enacted to read:
30          53G-6-1201. Definitions.
31          (1) As used in this section:
32          (a) "Athletic association" means an association, as that term is defined in Section
33     53G-7-1101.
34          (b) "Athletic participation form" means a form that an athletic association creates,
35     either in hardcopy or in electronic format, that:
36          (i) allows a student and a student's parent to consent to the student's participation in
37     high school athletics;
38          (ii) accompanies or includes the results of a student's physical examination evaluation
39     and participation recommendation from the student's medical provider to determine the
40     student's eligibility for participation in high school athletics; and
41          (iii) a student or a student's parent returns to:
42          (A) the student's school in hardcopy where the student is participating in an athletic
43     event; or
44          (B) the athletic association in electronic format.
45          (c) "School" means a public school that sponsors or offers an interscholastic sport in
46     which students enrolled at the school may participate.
47          (2) When a student submits a completed athletic participation form to the student's
48     school or association, the school or association shall comply with all applicable state and
49     federal privacy requirements, including:
50          (a) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
51          (b) Title 53E, Chapter 9, Student Privacy and Data Protection; and
52          (c) Title 63G, Chapter 2, Government Records Access and Management Act.
53          (3) An athletic participation form shall include, in a prominent place on the form, the
54     following statement:
55          "The information contained in this form is subject to state and federal data privacy laws
56     and rules. A school or an association receiving this form shall ensure this form is stored in a
57     secure location in compliance with all applicable state and federal privacy laws and rules."