Title 53E, Public Education System -- State Administration

53E-9-204. Access to education records -- Training requirement -- Certification. (1) As used in this section, "education record" means the same as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g. (2) A local school board or charter scho…

53E-9-205. Parental right to student information. (1) As used in this section: (a) "Education record" means the same as that term is defined in Section 53E-9-204. (b) "Gender identity" means the same as that term is defined in Section 34A-5-102. (c) "Parent" means a parent or leg…

53E-9-301. Definitions. As used in this part: (1) "Adult student" means a student who: (a) is at least 18 years old; (b) is an emancipated student; or (c) qualifies under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq. (2) "…

53E-9-302. State student data protection governance. (1)(a) An education entity or a third-party contractor who collects, uses, stores, shares, or deletes student data shall protect student data as described in this part. (b) In accordance with Title 63G, Chapter 3, Utah Administ…

53E-9-303. Local student data protection governance. (1) An LEA shall adopt policies to protect student data in accordance with this part and state board rule, taking into account the specific needs and priorities of the LEA. (2)(a) An LEA shall designate an individual to act as …

53E-9-304. Student data ownership and access -- Notification in case of significant data breach. (1)(a) A student owns the student's personally identifiable student data. (b) An education entity shall allow the following individuals to access a student's student data that is main…

53E-9-305. Collecting student data -- Prohibition -- Student data collection notice -- Written consent. (1) An education entity may not collect a student's: (a) social security number; or (b) except as required in Section 80-6-103, criminal record. (2) Except as provided in Subse…

53E-9-306. Using and expunging student data -- Rulemaking -- Disciplinary records. (1) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules regarding u…

53E-9-307. Securing and cataloguing student data. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that: (1) using reasonable data industry best practices, prescribe the maintenance and protection of stored student data…

53E-9-308. Sharing student data -- Prohibition -- Requirements for student data manager -- Authorized student data sharing. (1)(a) Except as provided in Subsection (1)(b), an education entity, including a student data manager, may not: (i) share personally identifiable student da…

53E-9-309. Third-party contractors. (1) A third-party contractor shall use personally identifiable student data received under a contract with an education entity strictly for the purpose of providing the contracted product or service within the negotiated contract terms. (2)(a) …

53E-9-310. Penalties. (1)(a) A third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part: (i) except as provided in Subsection (1)(b), may not enter into a future contract with an education entity; (ii) ma…

53E-9-311. Disclosure of educational data -- Informed consent -- Access and disclosure. (1) As used in this section: (a) "Educational data" means a student's: (i) transcript data; (ii) enrollment information; (iii) course history; and (iv) academic credentials. (b) "Informed cons…

53E-9-401. Definitions. As used in this part: (1) "Education entity" means the same as that term is defined in Section 53E-9-301. (2) "Institution of higher education" means the same as that term is defined in Section 53H-1-101. (3)(a) "Student data" means the same as that term i…

53E-9-402. Grades 7 through 12 student data sharing with higher education -- Purposes. (1) The state board and the Utah Board of Higher Education shall establish and implement a process for disclosing grades 7 through 12 student data, including student data from the state board a…

53E-9-403. Student data disclosure requirements -- Federal and state compliance. (1) The state board and the Utah Board of Higher Education shall ensure, student data is private and shall be disclosed in accordance with the provisions of: (a) U.S.C., Title 20, Sections 1232g(b)(1…

53E-9-404. Parent notification and opt-out rights. An LEA shall notify parents of: (1) the data that will be collected under Subsection 53E-9-402(1); (2) how the data collected under Subsection 53E-9-402(1) will be used; and (3) the right to opt out of the LEA's disclosure of stu…