Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 358 Third Substitute (2016GS)

Sponsor

Rep. Anderegg, J.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts the Student Data Protection Act;
• defines terms;
• provides for student data protection governance at the state and local levels;
• enacts requirements for data protection and maintenance by state and local education entities and third-party contractors;
• enacts penalties;
• gives rulemaking authority;
• amends provisions related to student privacy;
• enacts a requirement for notice given to a parent or guardian before a student is required to take a certain type of survey; and
• makes technical corrections.

Every vote on this bill

Bill text

STUDENT PRIVACY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill enacts the Student Data Protection Act and amends provisions related to
student privacy. 
Highlighted Provisions:
This bill:
▸ enacts the Student Data Protection Act;
▸ defines terms;
▸ provides for student data protection governance at the state and local levels;
▸ enacts requirements for data protection and maintenance by state and local
education entities and third-party contractors;
▸ enacts penalties;
▸ gives rulemaking authority;
▸ amends provisions related to student privacy;
▸ enacts a requirement for notice given to a parent or guardian before a student is
required to take a certain type of survey; and
▸ makes technical corrections. 
Money Appropriated in this Bill:
This bill appropriates:
▸ to the State Board of Education -- State Office of Education -- Assessment and
Accountability, as a one-time appropriation:
• from the Education Fund, $800,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-603
, as last amended by Laws of Utah 2015, Chapters 258, 415, and 444
53A-1-708
, as last amended by Laws of Utah 2015, Chapter 415
53A-11a-203
, as last amended by Laws of Utah 2015, Chapter 253
53A-13-301
, as last amended by Laws of Utah 2015, Chapter 117
53A-13-302
, as last amended by Laws of Utah 2014, Chapter 214
ENACTS:
53A-1-1401
, Utah Code Annotated 1953
53A-1-1402
, Utah Code Annotated 1953
53A-1-1403
, Utah Code Annotated 1953
53A-1-1404
, Utah Code Annotated 1953
53A-1-1405
, Utah Code Annotated 1953
53A-1-1406
, Utah Code Annotated 1953
53A-1-1407
, Utah Code Annotated 1953
53A-1-1408
, Utah Code Annotated 1953
53A-1-1409
, Utah Code Annotated 1953
53A-1-1410
, Utah Code Annotated 1953
53A-1-1411
, Utah Code Annotated 1953
REPEALS:
53A-1-711
, as enacted by Laws of Utah 2015, Chapter 384
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-603
 is amended to read:
53A-1-603.
Duties of State Board of Education.
(1) The State Board of Education shall:
(a) require each school district and charter school to implement the Utah Performance
Assessment System for Students, hereafter referred to as U-PASS;
(b) require the state superintendent of public instruction to submit and recommend
criterion-referenced achievement tests or online computer adaptive tests, college readiness
assessments, an online writing assessment for grades 5 and 8, and a test for students in grade 3
to measure reading grade level to the board for approval and adoption and distribution to each
school district and charter school by the state superintendent;
(c) develop an assessment method to uniformly measure statewide performance, school
district performance, and school performance of students in grades 3 through 12 in mastering
basic academic subjects; and
(d) provide for the state to participate in the National Assessment of Educational
Progress state-by-state comparison testing program.
(2) Except as provided in Subsection (3) and Subsection 
53A-1-611
(3), under
U-PASS, the State Board of Education shall annually require each school district and charter
school, as applicable, to administer:
(a) as determined by the State Board of Education, statewide criterion-referenced tests
or online computer adaptive tests in grades 3 through 12 and courses in basic academic subjects
of the core standards for Utah public schools;
(b) an online writing assessment to all students in grades 5 and 8;
(c) college readiness assessments as detailed in Section 
53A-1-611
; and
(d) a test to all students in grade 3 to measure reading grade level.
(3) Beginning with the 2014-15 school year, the State Board of Education shall
annually require each school district and charter school, as applicable, to administer a computer
adaptive assessment system that is:
(a) adopted by the State Board of Education; and
(b) aligned to the core standards for Utah public schools.
(4) The board shall adopt rules for the conduct and administration of U-PASS to
include the following:
(a) the computation of student performance based on information that is disaggregated
with respect to race, ethnicity, gender, limited English proficiency, and those students who
qualify for free or reduced price school lunch;
(b) security features to maintain the integrity of the system, which could include
statewide uniform testing dates, multiple test forms, and test administration protocols;
(c) the exemption of student test scores, by exemption category, such as limited
English proficiency, mobility, and students with disabilities, with the percent or number of
student test scores exempted being publically reported at a district level;
(d) compiling of criterion-referenced, online computer adaptive, and online writing test
scores and test score averages at the classroom level to allow for:
(i) an annual review of those scores by parents of students and professional and other
appropriate staff at the classroom level at the earliest point in time;
(ii) the assessment of year-to-year student progress in specific classes, courses, and
subjects; and
(iii) a teacher to review, prior to the beginning of a new school year, test scores from
the previous school year of students who have been assigned to the teacher's class for the new
school year;
(e) allowing a school district or charter school to have its tests administered and scored
electronically to accelerate the review of test scores and their usefulness to parents and
educators under Subsection (4)(d), without violating the integrity of U-PASS; and
(f) providing that scores on the tests and assessments required under Subsection (2)(a)
and Subsection (3) may not be considered in determining:
(i) a student's academic grade for the appropriate course; or
(ii) whether a student may advance to the next grade level.
(5) (a) A school district or charter school, as applicable, is encouraged to administer an
online writing assessment to students in grade 11.
(b) The State Board of Education may award a grant to a school district or charter
school to pay for an online writing assessment and instruction program that may be used to
assess the writing of students in grade 11.
(6) The State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding money for computer adaptive
tests;
(b) specifying how money for computer adaptive tests shall be allocated among school
districts and charter schools that qualify to receive the money; and
(c) requiring reporting of the expenditure of money awarded for computer adaptive
testing and evidence that the money was used to implement computer adaptive testing.
(7) The State Board of Education shall [
assure
] 
ensure
 that computer adaptive tests are
administered in compliance with the requirements of 
Chapter 1, Part 14, Student Data
Protection Act, and
 Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act.
(8) (a) The State Board of Education shall establish a committee consisting of 15
parents of Utah public education students to review all computer adaptive test questions.
(b) The committee established in Subsection (8)(a) shall include the following parent
members:
(i) five members appointed by the chair of the State Board of Education;
(ii) five members appointed by the speaker of the House of Representatives; and
(iii) five members appointed by the president of the Senate.
(c) The State Board of Education shall provide staff support to the parent committee.
(d) The term of office of each member appointed in Subsection (8)(b) is four years.
(e) The chair of the State Board of Education, the speaker of the House of
Representatives, and the president of the Senate shall adjust the length of terms to stagger the
terms of committee members so that approximately 1/2 of the committee members are
appointed every two years.
(f) No member may receive compensation or benefits for the member's service on the
committee.
(9) (a) School districts and charter schools shall require each licensed employee to
complete two hours of professional development on youth suicide prevention within their
license cycle in accordance with Section 
53A-6-104
.
(b) The State Board of Education shall develop or adopt sample materials to be used by
a school district or charter school for professional development training on youth suicide
prevention.
(c) The training required by this Subsection (9) shall be incorporated into professional
development training required by rule in accordance with Section 
53A-6-104
.
Section 2. Section 
53A-1-708
 is amended to read:
53A-1-708.
Grants for online delivery of U-PASS tests.
(1) As used in this section:
(a) "Adaptive tests" means tests administered during the school year using an online
adaptive test system.
(b) "Core standards for Utah public schools" means the standards developed and
adopted by the State Board of Education that define the knowledge and skills students should
have in kindergarten through grade 12 to enable students to be prepared for college or
workforce training.
(c) "Summative tests" means tests administered near the end of a course to assess
overall achievement of course goals.
(d) "Uniform online summative test system" means a single system for the online
delivery of summative tests required under U-PASS that:
(i) is coordinated by the Utah State Office of Education;
(ii) ensures the reliability and security of U-PASS tests; and
(iii) is selected through collaboration between Utah State Office of Education and
school district representatives with expertise in technology, assessment, and administration.
(e) "U-PASS" means the Utah Performance Assessment System for Students.
(2) The State Board of Education may award grants to school districts and charter
schools to implement one or both of the following:
(a) a uniform online summative test system to enable parents of students and school
staff to review U-PASS test scores by the end of the school year; or
(b) an online adaptive test system to enable parents of students and school staff to
measure and monitor a student's academic progress during a school year.
(3) (a) Grant money may be used to pay for any of the following, provided it is directly
related to implementing a uniform online summative test system, an online adaptive test
system, or both:
(i) computer equipment and peripherals, including electronic data capture devices
designed for electronic test administration and scoring;
(ii) software;
(iii) networking equipment;
(iv) upgrades of existing equipment or software;
(v) upgrades of existing physical plant facilities;
(vi) personnel to provide technical support or coordination and management; and
(vii) teacher professional development.
(b) Equipment purchased in compliance with Subsection (3)(a), when not in use for the
online delivery of summative tests or adaptive tests required under U-PASS may be used for
other purposes.
(4) The State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding grants;
(b) specifying how grant money shall be allocated among school districts and charter
schools;
(c) requiring reporting of grant money expenditures and evidence showing that the
grant money has been used to implement a uniform online summative test system, an online
adaptive test system, or both;
(d) establishing technology standards for an online adaptive testing system;
(e) requiring a school district or charter school that receives a grant under this section
to implement, in compliance with 
Chapter 1, Part 14, Student Data Protection Act, and
 Chapter
13, Part 3, Utah Family Educational Rights and Privacy Act, an online adaptive test system by
the 2014-15 school year that:
(i) meets the technology standards established under Subsection (4)(d); and
(ii) is aligned with the core standards for Utah public schools;
(f) requiring a school district or charter school to provide matching funds to implement
a uniform online summative test system, an online adaptive test system, or both in an amount
that is greater than or equal to the amount of a grant received under this section; and
(g) [
assuring
] 
ensuring
 that student identifiable data is not released to any person,
except as provided by 
Chapter 1, Part 14, Student Data Protection Act,
 Section 
53A-13-301
,
and rules of the State Board of Education adopted under that section.
(5) If a school district or charter school uses grant money for purposes other than those
stated in Subsection (3), the school district or charter school is liable for reimbursing the State
Board of Education in the amount of the grant money improperly used.
(6) A school district or charter school may not use federal funds to provide the
matching funds required to receive a grant under this section.
(7) A school district may not impose a tax rate above the certified tax rate for the
purpose of generating revenue to provide matching funds for a grant under this section.
Section 3. Section 
53A-1-1401
 is enacted to read:
Part 14. Student Data Protection Act
 53A-1-1401.
Title.
This part is known as the "Student Data Protection Act."
Section 4. Section 
53A-1-1402
 is enacted to read:
 53A-1-1402.
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) "Aggregate data" means data that:
(a) are totaled and reported at the group, cohort, school, school district, region, or state
level with at least 10 individuals in the level;
(b) do not reveal personally identifiable student data; and
(c) are collected in accordance with board rule.
(3) (a) "Biometric identifier" means a:
(i) retina or iris scan;
(ii) fingerprint;
(iii) human biological sample used for valid scientific testing or screening; or
(iv) scan of hand or face geometry.
(b) "Biometric identifier" does not include:
(i) a writing sample;
(ii) a written signature;
(iii) a voiceprint;
(iv) a photograph;
(v) demographic data; or
(vi) a physical description, such as height, weight, hair color, or eye color.
(4) "Biometric information" means information, regardless of how the information is
collected, converted, stored, or shared:
(a) based on an individual's biometric identifier; and
(b) used to identify the individual.
(5) "Board" means the State Board of Education.
(6) "Cumulative disciplinary record" means disciplinary student data that is part of a
cumulative record.
(7) "Cumulative record" means physical or electronic information that the education
entity intends:
(a) to store in a centralized location for 12 months or more; and
(b) for the information to follow the student through the public education system.
(8) "Data authorization" means written authorization to collect or share a student's
student data, from:
(a) the student's parent, if the student is not an adult student; or
(b) the student, if the student is an adult student.
(9) "Data governance plan" means an education entity's comprehensive plan for
managing education data that:
(a) incorporates reasonable data industry best practices to maintain and protect student
data and other education-related data;
(b) provides for necessary technical assistance, training, support, and auditing;
(c) describes the process for sharing student data between an education entity and
another person;
(d) describes the process for an adult student or parent to request that data be
expunged; and
(e) is published annually and available on the education entity's website.
(10) "Education entity" means:
(a) the board;
(b) a local school board;
(c) a charter school governing board;
(d) a school district;
(e) a charter school;
(f) the Utah Schools for the Deaf and the Blind; or
(g) for purposes of implementing the School Readiness Initiative described in Chapter
1b, Part 1, School Readiness Initiative Act, the School Readiness Board created in Section
53A-1b-103
.
(11) "Expunge" means to seal or permanently delete data, as described in board rule
made under Section 
53A-1-1407
.
(12) "External application" means a general audience:
(a) application;
(b) piece of software;
(c) website; or
(d) service.
(13) "Individualized education program" or "IEP" means a written statement:
(a) for a student with a disability; and
(b) that is developed, reviewed, and revised in accordance with the Individuals with
Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(14) "Internal application" means an Internet website, online service, online
application, mobile application, or software, if the Internet website, online service, online
application, mobile application, or software is subject to a third-party contractor's contract with
an education entity.
(15) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school;
(c) the Utah Schools for the Deaf and the Blind; or
(d) for purposes of implementing the School Readiness Initiative described in Chapter
1b, Part 1, School Readiness Initiative Act, the School Readiness Board created in Section
53A-1b-103
.
(16) "Metadata dictionary" means a complete list of an education entity's student data
elements and other education-related data elements, that:
(a) defines and discloses all data collected, used, stored, and shared by the education
entity, including:
(i) who uses a data element within an education entity and how a data element is used
within an education entity;
(ii) if a data element is shared externally, who uses the data element externally and how
a data element is shared externally;
(iii) restrictions on the use of a data element; and
(iv) parent and student rights to a data element;
(b) designates student data elements as:
(i) necessary student data; or
(ii) optional student data;
(c) designates student data elements as required by state or federal law; and
(d) without disclosing student data or security information, is displayed on the
education entity's website.
(17) "Necessary student data" means data required by state statute or federal law to
conduct the regular activities of an education entity, including:
(a) name;
(b) date of birth;
(c) sex;
(d) parent contact information;
(e) custodial parent information;
(f) contact information;
(g) a student identification number;
(h) local, state, and national assessment results or an exception from taking a local,
state, or national assessment;
(i) courses taken and completed, credits earned, and other transcript information;
(j) course grades and grade point average;
(k) grade level and expected graduation date or graduation cohort;
(l) degree, diploma, credential attainment, and other school exit information;
(m) attendance and mobility;
(n) drop-out data;
(o) immunization record or an exception from an immunization record;
(p) race;
(q) ethnicity;
(r) tribal affiliation;
(s) remediation efforts;
(t) an exception from a vision screening required under Section 
53A-11-203
 or
information collected from a vision screening required under Section 
53A-11-203
;
(u) information related to the Utah Registry of Autism and Developmental Disabilities,
described in Section 
26-7-4
;
(v) student injury information;
(w) a cumulative disciplinary record created and maintained as described in Section
53A-1-1407
;
(x) juvenile delinquency records;
(y) English language learner status; and
(z) child find and special education evaluation data related to initiation of an IEP.
(18) (a) "Optional student data" means student data that is not:
(i) necessary student data; or
(ii) student data that an education entity may not collect under Section 
53A-1-1406
.
(b) "Optional student data" includes:
(i) information that is:
(A) related to an IEP or needed to provide special needs services; and
(B) not necessary student data;
(ii) biometric information; and
(iii) information that is not necessary student data and that is required for a student to
participate in a federal or other program.
(19) "Parent" means a student's parent or legal guardian.
(20) (a) "Personally identifiable student data" means student data that identifies or is
used by the holder to identify a student.
(b) "Personally identifiable student data" includes:
(i) a student's first and last name;
(ii) the first and last name of a student's family member;
(iii) a student's or a student's family's home or physical address;
(iv) a student's email address or other online contact information;
(v) a student's telephone number;
(vi) a student's social security number;
(vii) a student's biometric identifier;
(viii) a student's health or disability data;
(ix) a student's education entity student identification number;
(x) a student's social media user name and password or alias;
(xi) if associated with personally identifiable student data, the student's persistent
identifier, including:
(A) a customer number held in a cookie; or
(B) a processor serial number;
(xii) a combination of a student's last name or photograph with other information that
together permits a person to contact the student online;
(xiii) information about a student or a student's family that a person collects online and
combines with other personally identifiable student data to identify the student; and
(xiv) other information that is linked to a specific student that would allow a
reasonable person in the school community, who does not have first-hand knowledge of the
student, to identify the student with reasonable certainty.
(21) "School official" means an employee or agent of an education entity, if the
education entity has authorized the employee or agent to request or receive student data on
behalf of the education entity.
(22) (a) "Student data" means information about a student at the individual student
level.
(b) "Student data" does not include aggregate or de-identified data.
(23) "Student data disclosure statement" means a student data disclosure statement
described in Section 
53A-1-1406
.
(24) "Student data manager" means:
(a) the state student data officer; or
(b) an individual designated as a student data manager by an education entity under
Section 
53A-1-1404
.
(25) "Targeted advertising" means advertising to a student on an internal or external
application, if the advertisement is based on information or student data the third-party
contractor collected or received under the third-party contractor's contract with an education
entity.
(26) "Third-party contractor" means a person who:
(a) is not an education entity; and
(b) pursuant to a contract with an education entity, collects or receives student data in
order to provide a product or service, as described in the contract, if the product or service is
not related to school photography, yearbooks, graduation announcements, or a similar product
or service.
Section 5. Section 
53A-1-1403
 is enacted to read:
 53A-1-1403.
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 Administrative Rulemaking Act, the
board shall makes rules to administer this part, including student data protection standards for
public education employees, student aides, and volunteers.
(2) The board shall oversee the preparation and maintenance of:
(a) a statewide data governance plan; and
(b) a state-level metadata dictionary.
(3) As described in this Subsection (3), the board shall establish advisory groups to
oversee student data protection in the state and make recommendations to the board regarding
student data protection.
(a) The board shall establish a student data policy advisory group:
(i) composed of members from:
(A) the Legislature;
(B) the board and board employees; and
(C) one or more LEAs;
(ii) to discuss and make recommendations to the board regarding:
(A) enacted or proposed legislation; and
(B) state and local student data protection policies across the state;
(iii) that reviews and monitors the state student data governance plan; and
(iv) that performs other tasks related to student data protection as designated by the
board.
(b) The board shall establish a student data governance advisory group:
(i) composed of the state student data officer and other board employees; and
(ii) that performs duties related to state and local student data protection, including:
(A) overseeing data collection and usage by board program offices; and
(B) preparing and maintaining the board's student data governance plan under the
direction of the student data policy advisory group.
(c) The board shall establish a student data users advisory group:
(i) composed of members who use student data at the local level; and
(ii) that provides feedback and suggestions on the practicality of actions proposed by
the student data policy advisory group and the student data governance advisory group.
(4) (a) The board shall designate a state student data officer.
(b) The state student data officer shall:
(i) act as the primary point of contact for state student data protection administration in
assisting the board to administer this part;
(ii) ensure compliance with student privacy laws throughout the public education
system, including:
(A) providing training and support to applicable board and LEA employees; and
(B) producing resource materials, model plans, and model forms for local student data
protection governance, including a model student data disclosure statement;
(iii) investigate complaints of alleged violations of this part;
(iv) report violations of this part to:
(A) the board;
(B) an applicable education entity; and
(C) the student data policy advisory group; and
(v) act as a state level student data manager.
(5) The board shall designate:
(a) at least one support manager to assist the state student data officer; and
(b) a student data protection auditor to assist the state student data officer.
(6) The board shall establish an external research review process for a request for data
for the purpose of external research or evaluation.
Section 6. Section 
53A-1-1404
 is enacted to read:
 53A-1-1404.
Local student data protection governance.
(1) An LEA shall adopt policies to protect student data in accordance with this part and
board rule, taking into account the specific needs and priorities of the LEA.
(2) (a) An LEA shall designate an individual to act as a student data manager to fulfill
the responsibilities of a student data manager described in Section 
53A-1-1409
.
(b) If possible, an LEA shall designate the LEA's records officer as defined in Section
63G-2-103
, as the student data manager.
(3) An LEA shall create and maintain an LEA:
(a) data governance plan; and
(b) metadata dictionary.
(4) An LEA shall establish an external research review process for a request for data
for the purpose of external research or evaluation.
Section 7. Section 
53A-1-1405
 is enacted to read:
 53A-1-1405.
Student data ownership -- Notification in case of breach.
(1) (a) A student owns the student's personally identifiable student data.
(b) A student may download, export, transfer, save, or maintain the student's student
data, including a document.
(2) If there is a release of a student's personally identifiable student data due to a
security breach, an education entity shall notify:
(a) the student, if the student is an adult student; or
(b) the student's parent or legal guardian, if the student is not an adult student.
Section 8. Section 
53A-1-1406
 is enacted to read:
 53A-1-1406.
Collecting student data -- Prohibition -- Student data disclosure
statement -- Authorization.
(1) An education entity shall comply with this section beginning with the 2017-18
school year.
(2) An education entity may not collect a student's:
(a) social security number; or
(b) except as required in Section 
78A-6-112
, criminal record.
(3) An education entity that collects student data into a cumulative record shall, in
accordance with this section, prepare and distribute to parents and students a student data
disclosure statement that:
(a) is a prominent, stand-alone document;
(b) is annually updated and published on the education entity's website;
(c) states the necessary and optional student data the education entity collects;
(d) states that the education entity will not collect the student data described in
Subsection (2);
(e) states the student data described in Section 
53A-1-1409
 that the education entity
may not share without a data authorization;
(f) states that students and parents are responsible for the collection, use, or sharing of
student data as described in Section 
53A-1-1405
;
(g) describes how the education entity may collect, use, and share student data;
(h) includes the following statement:
"The collection, use, and sharing of student data has both benefits and risks. Parents
and students should learn about these benefits and risks and make choices regarding student
data accordingly.";
(i) describes in general terms how the education entity stores and protects student data;
and
(j) states a student's rights under this part.
(4) An education entity may collect the necessary student data of a student into a
cumulative record if the education entity provides a student data disclosure statement to:
(a) the student, if the student is an adult student; or
(b) the student's parent, if the student is not an adult student.
(5) An education entity may collect optional student data into a cumulative record if
the education entity:
(a) provides, to an individual described in Subsection (4), a student data disclosure
statement that includes a description of:
(i) the optional student data to be collected; and
(ii) how the education entity will use the optional student data; and
(b) obtains a data authorization to collect the optional student data from an individual
described in Subsection (4).
(6) An education entity may collect a student's biometric identifier or biometric
information into a cumulative record if the education entity:
(a) provides, to an individual described in Subsection (4), a biometric information
disclosure statement that is separate from a student data disclosure statement, which states:
(i) the biometric identifier or biometric information to be collected;
(ii) the purpose of collecting the biometric identifier or biometric information; and
(iii) how the education entity will use and store the biometric identifier or biometric
information; and
(b) obtains a data authorization to collect the biometric identifier or biometric
information from an individual described in Subsection (4).
Section 9. Section 
53A-1-1407
 is enacted to read:
 53A-1-1407.
Using and deleting student data -- Rulemaking -- Cumulative
disciplinary record.
(1) In accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board
shall make rules regarding using and expunging student data, including:
(a) a categorization of cumulative disciplinary records that includes the following
levels of maintenance:
(i) one year;
(ii) three years; and
(iii) except as required in Subsection (3), as determined by the education entity;
(b) the types of student data that may be expunged, including:
(i) medical records; and
(ii) behavioral test assessments; and
(c) the types of student data that may not be expunged, including:
(i) grades;
(ii) transcripts;
(iii) a record of the student's enrollment; and
(iv) assessment information.
(2) In accordance with board rule, an education entity may create and maintain a
cumulative disciplinary record for a student.
(3) (a) An education entity shall, in accordance with board rule, expunge a student's
student data that is stored by the education entity if:
(i) the student is at least 23 years old; and
(ii) the student requests that the education entity expunge the student data.
(b) An education entity shall retain and dispose of records in accordance with Section
63G-2-604
 and board rule.
Section 10. Section 
53A-1-1408
 is enacted to read:
 53A-1-1408.
Securing and cataloguing student data.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules that:
(1) using reasonable data industry best practices, prescribe the maintenance and
protection of stored student data by:
(a) an education entity; and
(b) a third-party contractor; and
(2) state requirements for an education entity's metadata dictionary.
Section 11. Section 
53A-1-1409
 is enacted to read:
 53A-1-1409.
Sharing student data -- Prohibition -- Requirements for student data
manager.
(1) An education entity shall comply with this section beginning with the 2017-18
school year.
(2) An education entity may not share a student's personally identifiable student data if
the personally identifiable student data is not shared in accordance with:
(a) the Family Education Rights and Privacy Act and related provisions under 20
U.S.C. Secs. 1232(g) and 1232(h); and
(b) this part.
(3) A student data manager shall:
(a) authorize and manage the sharing, outside of the education entity, of personally
identifiable student data from a cumulative record for the education entity as described in this
section; and
(b) act as the primary local point of contact for the state student data officer described
in Section 
53A-1-1403
.
(4) (a) Except as provided in this section or required by federal law, a student data
manager may not share, outside of the education entity, personally identifiable student data
from a cumulative record without a data authorization.
(b) A student data manager may share the personally identifiable student data of a
student with the student and the student's parent.
(5) A student data manager may share a student's personally identifiable student data
from a cumulative record with:
(a) a school official;
(b) as described in Subsection (6), an authorized caseworker or other representative of
the Department of Human Services; or
(c) a person to whom the student data manager's education entity has outsourced a
service or function:
(i) to research the effectiveness of a program's implementation; or
(ii) that the education entity's employees would typically perform.
(6) A student data manager may share a student's personally identifiable student data
from a cumulative record with a caseworker or representative of the Department of Human
Services if:
(a) the Department of Human Services is:
(i) legally responsible for the care and protection of the student; or
(ii) providing services to the student;
(b) the student's personally identifiable student data is not shared with a person who is
not authorized:
(i) to address the student's education needs; or
(ii) by the Department of Human Services to receive the student's personally
identifiable student data; and
(c) the Department of Human Services maintains and protects the student's personally
identifiable student data.
(7) The Department of Human Services, a school official, or the Utah Juvenile Court
may share education information, including a student's personally identifiable student data, to
improve education outcomes for youth:
(a) in the custody of, or under the guardianship of, the Department of Human Services;
(b) receiving services from the Division of Juvenile Justice Services;
(c) in the custody of the Division of Child and Family Services;
(d) receiving services from the Division of Services for People with Disabilities; or
(e) under the jurisdiction of the Utah Juvenile Court.
(8) Subject to Subsection (9), a student data manager may share aggregate data.
(9) (a) If a student data manager receives a request to share data for the purpose of
external research or evaluation, the student data manager shall:
(i) submit the request to the education entity's external research review process; and
(ii) fulfill the instructions that result from the review process.
(b) A student data manager may not share personally identifiable student data for the
purpose of external research or evaluation.
(10) (a) A student data manager may share personally identifiable student data in
response to a subpoena issued by a court.
(b) A person who receives personally identifiable student data under Subsection (10)(a)
may not use the personally identifiable student data outside of the use described in the
subpoena.
(11) (a) In accordance with board rule, a student data manager may share personally
identifiable information that is directory information.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board shall make rules to:
(i) define directory information; and
(ii) determine how a student data manager may share personally identifiable
information that is directory information.
Section 12. Section 
53A-1-1410
 is enacted to read:
 53A-1-1410.
Third-party contractors -- Use and protection of student data --
Contract requirements -- Completion of contract -- Required and allowed uses of student
data -- Restrictions on the use of student data -- Exceptions.
(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.
(2) When contracting with a third-party contractor, an education entity shall require the
following provisions in the contract:
(a) requirements and restrictions related to the collection, use, storage, or sharing of
student data by the third-party contractor that are necessary for the education entity to ensure
compliance with the provisions of this part and board rule;
(b) a description of a person, or type of person, including an affiliate of the third-party
contractor, with whom the third-party contractor may share student data;
(c) provisions that, at the request of the education entity, govern the deletion of the
student data received by the third-party contractor;
(d) except as provided in Subsection (4) and if required by the education entity,
provisions that prohibit the secondary use of personally identifiable student data by the
third-party contractor; and
(e) an agreement by the third-party contractor that, at the request of the education entity
that is a party to the contract, the education entity or the education entity's designee may audit
the third-party contractor to verify compliance with the contract.
(3) As authorized by law or court order, a third-party contractor shall share student data
as requested by law enforcement.
(4) A third-party contractor may:
(a) use student data for adaptive learning or customized student learning purposes;
(b) market an educational application or product to a parent or legal guardian of a
student if the third-party contractor did not use student data, shared by or collected on behalf of
an education entity, to market the educational application or product;
(c) use a recommendation engine to recommend to a student:
(i) content that relates to learning or employment, within the third-party contractor's
internal application, if the recommendation is not motivated by payment or other consideration
from another party; or
(ii) services that relate to learning or employment, within the third-party contractor's
internal application, if the recommendation is not motivated by payment or other consideration
from another party;
(d) respond to a student request for information or feedback, if the content of the
response is not motivated by payment or other consideration from another party; or
(e) use student data to allow or improve operability and functionality of the third-party
contractor's internal application.
(5) At the completion of a contract with an education entity, if the contract has not
been renewed, a third-party contractor shall:
(a) return all personally identifiable student data to the education entity; or
(b) as reasonable, delete all personally identifiable student data related to the
third-party contractor's work.
(6) (a) A third-party contractor may not:
(i) except as provided in Subsection (6)(b), sell student data;
(ii) collect, use, or share student data, if the collection, use, or sharing of the student
data is inconsistent with the third-party contractor's contract with the education entity; or
(iii) use student data for targeted advertising.
(b) A person may obtain student data through the purchase of, merger with, or
otherwise acquiring a third-party contractor if the third-party contractor remains in compliance
with this section.
(7) A provider of an electronic store, gateway, marketplace, or other means of
purchasing an external application is not required to ensure that the external application
obtained through the provider complies with this section.
(8) The provisions of this section do not:
(a) apply to the use of an external application, including the access of an external
application with login credentials created by a third-party contractor's internal application;
(b) apply to the providing of Internet service; or
(c) impose a duty on a provider of an interactive computer service, as defined in 47
U.S.C. Sec. 230, to review or enforce compliance with this section.
Section 13. Section 
53A-1-1411
 is enacted to read:
 53A-1-1411.
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) may be required by the board to pay a civil penalty of up to $25,000; and
(iii) may be required to pay:
(A) the education entity's cost of notifying parents and students of the unauthorized
sharing or use of student data; and
(B) expenses incurred by the education entity as a result of the unauthorized sharing or
use of student data.
(b) An education entity may enter into a contract with a third-party contractor that
knowingly or recklessly permitted unauthorized collecting, sharing, or use of student data if:
(i) the board or education entity determines that the third-party contractor has corrected
the errors that caused the unauthorized collecting, sharing, or use of student data; and
(ii) the third-party contractor demonstrates:
(A) if the third-party contractor is under contract with an education entity, current
compliance with this part; or
(B) an ability to comply with the requirements of this part.
(c) The board may assess the civil penalty described in Subsection (1)(a)(ii) in
accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(d) The board may bring an action in the district court of the county in which the office
of the board is located, if necessary, to enforce payment of the civil penalty described in
Subsection (1)(a)(ii).
(e) An individual who knowingly or intentionally permits unauthorized collecting,
sharing, or use of student data may be found guilty of a class A misdemeanor.
(2) (a) A parent or student may bring an action in a court of competent jurisdiction for
damages caused by a knowing or reckless violation of Section 
53A-1-1410
 by a third-party
contractor.
(b) If the court finds that a third-party contractor has violated Section 
53A-1-1410
, the
court may award to the parent or student:
(i) damages; and
(ii) costs.
Section 14. Section 
53A-11a-203
 is amended to read:
53A-11a-203.
Parental notification of certain incidents and threats required.
(1) For purposes of this section, "parent" includes a student's guardian.
(2) A school shall:
(a) notify a parent if the parent's student threatens to commit suicide; or
(b) notify the parents of each student involved in an incident of bullying,
cyber-bullying, harassment, hazing, or retaliation, of the incident involving each parent's
student.
(3) (a) If a school notifies a parent of an incident or threat required to be reported under
Subsection (2), the school shall produce and maintain a record that verifies that the parent was
notified of the incident or threat.
(b) A school shall maintain a record described in Subsection (3)(a) in accordance with
the requirements of:
[
(i) Section 
53A-13-301
;
]
[
(ii) Section 
53A-13-302
;
]
(i) Chapter 1, Part 14, Student Data Protection Act;
(ii) Sections 
53A-13-301
 and 
53A-13-302
;
(iii) [
U.S.C. 1232g,
] Federal Family Educational Rights and Privacy Act
, 20 U.S.C.
1232g
; and
(iv) 
 C.F.R. Part 99.
(4) A local school board or charter school governing board shall adopt a policy
regarding the process for:
(a) notifying a parent as required in Subsection (2); and
(b) producing and retaining a record that verifies that a parent was notified of an
incident or threat as required in Subsection (3).
(5) At the request of a parent, a school may provide information and make
recommendations related to an incident or threat described in Subsection (2).
(6) A school shall:
(a) provide a student a copy of a record maintained in accordance with this section that
relates to the student if the student requests a copy of the record; and
(b) expunge a record maintained in accordance with this section that relates to a
student if the student:
(i) has graduated from high school; and
(ii) requests the record be expunged.
Section 15. Section 
53A-13-301
 is amended to read:
53A-13-301.
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:
(a) the State Board of Education;
(b) a local school board or charter school governing board;
(c) a school district;
(d) a public school; or
(e) the Utah Schools for the Deaf and the Blind.
(2) An education entity and an employee, student aide, volunteer, third party
contractor, or other agent of an education entity shall protect the privacy of a student, the
student's parents, and the student's family and support parental involvement in the education of
their children through compliance with the protections provided for family and student privacy
under Section 
53A-13-302
 and the [
Federal
] Family Educational Rights and Privacy Act and
related provisions under 20 U.S.C. Secs. 1232(g) and 1232(h), in the administration and
operation of all public school programs, regardless of the source of funding.
(3) A local school board or charter school governing board shall enact policies
governing the protection of family and student privacy as required by this section 
and Section
53A-13-302
.
[
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the State Board of Education shall makes rules to establish standards for public education
employees, student aides, and volunteers in public schools regarding the confidentiality of
student information and student records.
]
[
(b) The rules described in Subsection (4)(a) shall provide that a local school board or
charter school governing board may adopt policies related to public school student
confidentiality to address the specific needs or priorities of the school district or charter
school.
]
[
(5) The State Board of Education shall:
]
[
(a) develop resource materials for purposes of training employees, student aides, and
volunteers of a school district or charter school regarding the confidentiality of student
information and student records; and
]
[
(b) provide the materials described in Subsection (5)(a) to each school district and
charter school.
]
[
(6) An education entity shall notify the parent or guardian of a student if there is a
release of the student's personally identifiable student data due to a security breach.
]
Section 16. Section 
53A-13-302
 is amended to read:
53A-13-302.
Activities prohibited without prior written consent -- Validity of
consent -- Qualifications -- Training on implementation.
(1) Except as provided in Subsection (7), Section 
53A-11a-203
, and Section
53A-15-1301
, policies adopted by a school district or charter school under Section 
53A-13-301
shall include prohibitions on the administration to a student of any psychological or psychiatric
examination, test, or treatment, or any survey, analysis, or evaluation without the prior written
consent of the student's parent or legal guardian, in which the purpose or evident intended
effect is to cause the student to reveal information, whether the information is personally
identifiable or not, concerning the student's or any family member's:
(a) political affiliations or, except as provided under Section 
53A-13-101.1
 or rules of
the State Board of Education, political philosophies;
(b) mental or psychological problems;
(c) sexual behavior, orientation, or attitudes;
(d) illegal, anti-social, self-incriminating, or demeaning behavior;
(e) critical appraisals of individuals with whom the student or family member has close
family relationships;
(f) religious affiliations or beliefs;
(g) legally recognized privileged and analogous relationships, such as those with
lawyers, medical personnel, or ministers; and
(h) income, except as required by law.
(2) Prior written consent under Subsection (1) is required in all grades, kindergarten
through grade 12.
(3) Except as provided in Subsection (7), Section 
53A-11a-203
, and Section
53A-15-1301
, the prohibitions under Subsection (1) shall also apply within the curriculum and
other school activities unless prior written consent of the student's parent or legal guardian has
been obtained.
(4) 
(a)
 Written parental consent is valid only if a parent or legal guardian has been first
given written notice, including notice that a copy of the educational or student survey questions
to be asked of the student in obtaining the desired information is made available at the school,
and a reasonable opportunity to obtain written information concerning:
[
(a)
] 
(i)
 records or information, including information about relationships, that may be
examined or requested;
[
(b)
] 
(ii)
 the means by which the records or information shall be examined or reviewed;
[
(c)
] 
(iii)
 the means by which the information is to be obtained;
[
(d)
] 
(iv)
 the purposes for which the records or information are needed;
[
(e)
] 
(v)
 the entities or persons, regardless of affiliation, who will have access to the
personally identifiable information; and
[
(f)
] 
(vi)
 a method by which a parent of a student can grant permission to access or
examine the personally identifiable information.
(b) For a survey described in Subsection (1), written notice described in Subsection
(4)(a) shall include an Internet address where a parent or legal guardian can view the exact
survey to be administered to the parent or legal guardian's student.
(5) (a) Except in response to a situation which a school employee reasonably believes
to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or
Neglect Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian
must be given at least two weeks before information protected under this section is sought.
(b) Following disclosure, a parent or guardian may waive the two week minimum
notification period.
(c) Unless otherwise agreed to by a student's parent or legal guardian and the person
requesting written consent, the authorization is valid only for the activity for which it was
granted.
(d) A written withdrawal of authorization submitted to the school principal by the
authorizing parent or guardian terminates the authorization.
(e) A general consent used to approve admission to school or involvement in special
education, remedial education, or a school activity does not constitute written consent under
this section.
(6) (a) This section does not limit the ability of a student under Section 
53A-13-101.3
to spontaneously express sentiments or opinions otherwise protected against disclosure under
this section.
(b) (i) If a school employee or agent believes that a situation exists which presents a
serious threat to the well-being of a student, that employee or agent shall notify the student's
parent or guardian without delay.
(ii) If, however, the matter has been reported to the Division of Child and Family
Services within the Department of Human Services, it is the responsibility of the division to
notify the student's parent or guardian of any possible investigation, prior to the student's return
home from school.
(iii) The division may be exempted from the notification requirements described in this
Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification
of his parent or guardian, or if that notification is otherwise prohibited by state or federal law.
(7) (a) If a school employee, agent, or school resource officer believes a student is
at-risk of attempting suicide, physical self-harm, or harming others, the school employee,
agent, or school resource officer may intervene and ask a student questions regarding the
student's suicidal thoughts, physically self-harming behavior, or thoughts of harming others for
the purposes of:
(i) referring the student to appropriate prevention services; and
(ii) informing the student's parent or legal guardian.
(b) On or before September 1, 2014, a school district or charter school shall develop
and adopt a policy regarding intervention measures consistent with Subsection (7)(a) while
requiring the minimum degree of intervention to accomplish the goals of this section.
(8) Local school boards and charter school governing boards shall provide inservice for
teachers and administrators on the implementation of this section.
(9) The board shall provide procedures for disciplinary action for violations of this
section.
Section 17. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or amounts indicated. These sums of money are in
addition to amounts previously appropriated for fiscal year 2017.
To State Board of Education -- State Office of Education
From Education Fund, one-time
$800,000
Schedule of Programs:
Assessment and Accountability $800,000
The Legislature intends that:
(1) the State Board of Education use the appropriation described in this section to
administer Title 53A, Chapter 1, Part 14, Student Data Protection Act; and
(2) the appropriation described under this section not lapse.
Section 18. 
Repealer.
This bill repeals:
Section 
53A-1-711
,
State Board of Education student privacy study -- Chief
privacy officer.