Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 102 (2017GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/15/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a local school board or charter school governing board require a public school to make a list of individuals who are authorized to access education records;
• requires a local school governing board or charter school governing board to:
• provide training on student privacy laws; and
• require individuals who are authorized to access education records to complete training on student privacy laws and certify to the local school board or the charter school governing board that they have completed the required training and understand student privacy requirements; and
• prohibits a local school board, charter school governing board, public school, or school employee from sharing an education record with a school employee who is not authorized.

Every vote on this bill

Bill text

UTAH STUDENT PRIVACY ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill enacts provisions regarding access to education records.
Highlighted Provisions:
This bill:
▸ provides that a local school board or charter school governing board require a public
school to make a list of individuals who are authorized to access education records;
▸ requires a local school governing board or charter school governing board to:
• provide training on student privacy laws; and
• require individuals who are authorized to access education records to complete
training on student privacy laws and certify to the local school board or the
charter school governing board that they have completed the required training
and understand student privacy requirements; and
▸ prohibits a local school board, charter school governing board, public school, or
school employee from sharing an education record with a school employee who is
not authorized.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-708
, as last amended by Laws of Utah 2016, Chapters 144 and 221
53A-11a-203
, as last amended by Laws of Utah 2016, Chapter 221
53A-13-301
, as last amended by Laws of Utah 2016, Chapter 221
ENACTS:
53A-13-303
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 State Board of Education;
(ii) ensures the reliability and security of U-PASS tests; and
(iii) is selected through collaboration between the State Board 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 
and parents of students
 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
] 
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the
 State Board of Education shall make rules:
(a) establishing procedures for applying for and awarding grants;
(b) specifying how grant money [
shall be
] 
is
 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) 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
] 
Chapter
13, Part 3, Utah Family Educational Rights and Privacy Act
, and rules of the State Board of
Education adopted under [
that section
] 
the authority of those parts
.
(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 2. 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) Chapter 1, Part 14, Student Data Protection Act;
[
(ii) Sections 
53A-13-301
 and 
53A-13-302
;
]
(ii) Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act;
(iii) [
Federal
] 
the
 Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; and
(iv) 34 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 3. 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
] 
this part
 and the Family Educational Rights and Privacy Act and
related provisions under 20 U.S.C. Secs. 1232g and 1232h, 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
] 
part
.
Section 4. Section 
53A-13-303
 is enacted to read:
 53A-13-303.
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 school governing board shall require each public
school to:
(a) create and maintain a list that includes the name and position of each school
employee who the public school authorizes, in accordance with Subsection (4), to have access
to an education record; and
(b) provide the list described in Subsection (2)(a) to the school's local school board or
charter school governing board.
(3) A local school board or charter school governing board shall:
(a) provide training on student privacy laws; and
(b) require a school employee on the list described in Subsection (2) to:
(i) complete the training described in Subsection (3)(a); and
(ii) provide to the local school board or charter school governing board a certified
statement, signed by the school employee, that certifies that the school employee completed the
training described in Subsection (3)(a) and that the school employee understands student
privacy requirements.
(4) (a) Except as provided in Subsection (4)(b), a local school board, charter school
governing board, public school, or school employee may only share an education record with a
school employee if:
(i) that school employee's name is on the list described in Subsection (2); and
(ii) federal and state privacy laws authorize the education record to be shared with that
school employee.
(b) A local school board, charter school governing board, public school, or school
employee may share an education record with a school employee if the board, school, or
employee obtains written consent from:
(i) the parent or legal guardian of the student to whom the education record relates, if
the student is younger than 18 years old; or
(ii) the student to whom the education record relates, if the student is 18 years old or
older.