Title 53E, Title 53E: Public Education System -- State Administration

53E-8-407. Educational Enrichment Program for Deaf and Hard of Hearing Students -- Enrichment Program for Blind and Visually Impaired Students -- Funding for the programs. (1) As used in this section, "program" means the enrichment programs this section creates. (2) There is esta…

53E-8-408. Educational services for an individual with a hearing loss. (1) Subject to Subsection, the Utah Schools for the Deaf and the Blind shall provide educational services to an individual: (2) who seeks to receive the educational services; and whose results of a test for he…

53E-8-409. Instructional Materials Access Center -- Board to make rules. (1) The state board shall collaborate with the Utah Schools for the Deaf and the Blind, school districts, and charter schools in establishing the Utah State Instructional Materials Access Center to provide s…

53E-8-410. School districts to provide space for programs -- Colocation. (1) A school district with students who reside within the school district's boundaries and are served by the Utah Schools for the Deaf and the Blind shall: make a good faith effort to provide the Utah School…

53E-9-101. Title. This chapter is known as "Student Privacy and Data Protection."

53E-9-201. Definitions. Reserved

53E-9-202. Application of state and federal law to the administration and operation of public schools -- Local school board and charter school governing board policies. (1) As used in this section "education entity" means: the state board; a local school board or charter school g…

53E-9-203. Activities prohibited without prior written consent -- Validity of consent -- Qualifications -- Training on implementation. (1) Except as provided in Subsection (8), Section, and Section, an LEA shall include in policies the LEA adopts under Sectiona requirement for ob…

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: "Education record" means the same as that term is defined in Section. 53E-9-204 "Gender identity" means the same as that term is defined in Section. 34A-5-102 "Parent" means a parent or legal guardian …

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

53E-9-302. State student data protection governance. (1) 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. In accordance with Title 63G, Chapter 3, Utah Administrative …

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) An LEA shall designate an individual to act as a s…

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

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

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

53E-9-307. Securing and cataloguing student data. In accordance with, the state board shall make rules that: (1) using reasonable data industry best practices, prescribe the maintenance and protection of stored student data by: an education entity; the Utah Registry of Autism and…

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

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) Whe…

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

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

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) "Student data" means the same as that term is d…

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: 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 Subsectionwill be used; and 53E-9-402(1) (3) the right to opt out of the LEA's disclosure of stud…

53E-10-101. Title. This chapter is known as "Other Programs."

53E-10-201. Definitions. Reserved

53E-10-202. State board to supervise. (1) The general control and supervision, but not the direct management, of adult education is vested in the state board. (2) The state board has the following powers: makes and enforces rules to organize, conduct, and supervise adult educatio…

53E-10-203. Director of adult education. (1) Upon recommendation of the state superintendent, the state board may appoint a full-time director for adult education to work under the supervision of the state board. (2) The director may coordinate the adult education program authori…

53E-10-204. Local school boards' authority to direct adult education programs. A local school board may do the following: (1) establish and maintain classes for adult education, with classes being held at times and places convenient and accessible to the members of the class; (2)…

53E-10-205. Eligibility. (1) Adult education classes are open to an individual 16 years of age or over and to an individual who has completed high school. (2) Eligible nonresidents of the state shall be charged tuition at least equal to that charged nonresident students for simil…

53E-10-206. Salaries -- Costs. (1) Salaries and other necessary expenses of the state adult education staff shall be paid from funds appropriated for adult education. (2) The state board shall determine the terms and conditions of payment. (3) A local school board shall pay all c…

53E-10-301. Definitions. As used in this part: (1) "Career and technical education course" means a concurrent enrollment course in career and technical education, as determined by the policy established by the Utah Board of Higher Education under Section. 53E-10-302 (2) "Concurre…

53E-10-302. Concurrent enrollment program. (1) The state board and the Utah Board of Higher Education shall establish and maintain a concurrent enrollment program that: provides an eligible student the opportunity to enroll in a course that allows the eligible student to earn cre…

53E-10-303. Designated institution of higher education -- Concurrent enrollment course right of first refusal. (1) As used in this section, "designated institution of higher education" means an eligible institution, as that term is defined in Section, that is designated by the Ut…

53E-10-304. Concurrent enrollment participation form -- Parental permission. (1) The Utah Board of Higher Education shall create a higher education concurrent enrollment participation form that includes a parental permission form. (2) Before allowing an eligible student to partic…

53E-10-305. Tuition and fees. (1) Except as provided in this section, the Utah Board of Higher Education or an institution of higher education may not charge tuition or fees for a concurrent enrollment course. (2) The Utah Board of Higher Education may charge a one-time fee for a…

53E-10-306. Funding. Unless otherwise specified, the provisions of this part and Sectiongovern concurrent enrollment funding.

53E-10-307. Concurrent enrollment courses for accelerated foreign language students. (1) As used in this section: "Accelerated foreign language student" means an eligible student who has passed a world language Advanced Placement exam. "Blended learning delivery model" means an e…

53E-10-308. Reporting. The state board and the Utah Board of Higher Education shall submit an annual written report to the Higher Education Appropriations Subcommittee and in accordance with Sectionon student participation in the concurrent enrollment program, including: (1) data…

53E-10-310. Utah first credential program. (1) As used in this section: "Eligible institution" means an institution of higher education as defined in Section. 53H-1-101 "First credential" means a certificate awarded by the state board to an eligible student who meets the criteria…

53E-10-701. Definitions. As used in this part: (1) "Director" means the director of ULEAD appointed under this part. (2) "Director Selection Committee" or "selection committee" means the committee created in Sectionthat appoints the director. 53E-10-704 (3) "Local education agenc…

53E-10-702. ULEAD established -- Duties -- Funding. There is created the Utah Leading through Effective, Actionable, and Dynamic Education, a collaborative effort in research and innovation between the director, participating institutions, and education leaders to: (1) gather and…

53E-10-703. ULEAD director -- Qualification and employment -- Duties -- Reporting -- Annual conference. (1) The ULEAD director shall: hold a doctorate degree in education or an equivalent degree; and have demonstrated experience in research and dissemination of best practices in …

53E-10-704. Director Selection Committee -- Membership -- Powers and duties -- Compensation. (1) There is created the Director Selection Committee to appoint the director. (2) The selection committee shall consist of the following five members each appointed for two-year terms: o…

53E-10-705. Participating institutions. (1) The director may arrange or collaborate with a participating institution: to conduct an innovative practice report or provide other research services, including research regarding barriers to adoption of practices studied by ULEAD; to a…