Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 166 (2020GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires law enforcement to provide and validate information necessary for the state board to complete a required report on incidents that occur on school grounds;
• clarifies requirements regarding the content of privacy notices;
• exempts schools from certain contractual provisions related to sharing directory information if the directory information is shared in accordance with federal law;
• binds other government agencies that contract on behalf of education entities to the same requirements as education entities;
• clarifies that education entities may obtain written authorization to waive a provision of a contract with a third-party contractor related to a student's student data; and
• requires information related to suspension or expulsion to appear in a student's cumulative folder.

Every vote on this bill

Bill text

STUDENT DATA PRIVACY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
A. Cory Maloy
LONG TITLE
General Description:
This bill amends provisions related to student data privacy.
Highlighted Provisions:
This bill:
▸ requires law enforcement to provide and validate information necessary for the state
board to complete a required report on incidents that occur on school grounds;
▸ clarifies requirements regarding the content of privacy notices;
▸ exempts schools from certain contractual provisions related to sharing directory
information if the directory information is shared in accordance with federal law;
▸ binds other government agencies that contract on behalf of education entities to the
same requirements as education entities;
▸ clarifies that education entities may obtain written authorization to waive a
provision of a contract with a third-party contractor related to a student's student
data; and
▸ requires information related to suspension or expulsion to appear in a student's
cumulative folder.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-203
, as enacted by Laws of Utah 2019, Chapter 324
53E-3-516
, as last amended by Laws of Utah 2019, Chapters 186 and 324
53E-9-305
, as last amended by Laws of Utah 2019, Chapters 136, 175, and 186
53E-9-309
, as last amended by Laws of Utah 2019, Chapter 186
53G-8-208
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-1-203
 is amended to read:
53E-1-203.
State Superintendent's Annual Report.
(1) The state board shall prepare and submit to the governor, the Education Interim
Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
year, an annual written report known as the State Superintendent's Annual Report that includes:
(a) the operations, activities, programs, and services of the state board;
(b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
(c) data on the general condition of the schools with recommendations considered
desirable for specific programs, including:
(i) a complete statement of fund balances;
(ii) a complete statement of revenues by fund and source;
(iii) a complete statement of adjusted expenditures by fund, the status of bonded
indebtedness, the cost of new school plants, and school levies;
(iv) a complete statement of state funds allocated to each school district and charter
school by source, including supplemental appropriations, and a complete statement of
expenditures by each school district and charter school, including supplemental appropriations,
by function and object as outlined in the United States Department of Education publication
"Financial Accounting for Local and State School Systems";
(v) a statement that includes data on:
(A) fall enrollments;
(B) average membership;
(C) high school graduates;
(D) licensed and classified employees, including data reported by school districts on
educator ratings described in Section 
53G-11-511
;
(E) pupil-teacher ratios;
(F) average class sizes;
(G) average salaries;
(H) applicable private school data; and
(I) data from statewide assessments described in Section 
53E-4-301
 for each school
and school district;
(vi) statistical information regarding incidents of delinquent activity in the schools or at
school-related activities; and
(vii) other statistical and financial information about the school system that the state
superintendent considers pertinent.
(2) (a) For the purposes of Subsection (1)(c)(v):
(i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
students enrolled in a school by the number of full-time equivalent teachers assigned to the
school, including regular classroom teachers, school-based specialists, and special education
teachers;
(ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
the schools within a school district;
(iii) the pupil-teacher ratio for charter schools aggregated shall be the median
pupil-teacher ratio of charter schools in the state; and
(iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
pupil-teacher ratio of public schools in the state.
(b) The report shall:
(i) include the pupil-teacher ratio for:
(A) each school district;
(B) the charter schools aggregated; and
(C) the state's public schools aggregated; and
(ii) identify a website where pupil-teacher ratios for each school in the state may be
accessed.
(3) For each operation, activity, program, or service provided by the state board, the
annual report shall include:
(a) a description of the operation, activity, program, or service;
(b) data and metrics:
(i) selected and used by the state board to measure progress, performance,
effectiveness, and scope of the operation, activity, program, or service, including summary
data; and
(ii) that are consistent and comparable for each state operation, activity, program, or
service;
(c) budget data, including the amount and source of funding, expenses, and allocation
of full-time employees for the operation, activity, program, or service;
(d) historical data from previous years for comparison with data reported under
Subsections (3)(b) and (c);
(e) goals, challenges, and achievements related to the operation, activity, program, or
service;
(f) relevant federal and state statutory references and requirements;
(g) contact information of officials knowledgeable and responsible for each operation,
activity, program, or service; and
(h) other information determined by the state board that:
(i) may be needed, useful, or of historical significance; or
(ii) promotes accountability and transparency for each operation, activity, program, or
service with the public and elected officials.
(4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
(i) the report described in Section 
53E-3-507
 by the state board on career and technical
education needs and program access;
(ii) through October 1, 2022, the report described in Section 
53E-3-515
 by the state
board on the Hospitality and Tourism Management Career and Technical Education Pilot
Program;
(iii) beginning on July 1, [
] 
, the report described in Section 
53E-3-516
 by the
state board on certain incidents that occur on school grounds;
(iv) the report described in Section 
53E-4-202
 by the state board on the development
and implementation of the core standards for Utah public schools;
(v) the report described in Section 
53E-5-310
 by the state board on school turnaround
and leadership development;
(vi) the report described in Section 
53E-10-308
 by the state board and State Board of
Regents on student participation in the concurrent enrollment program;
(vii) the report described in Section 
53F-2-503
 by the state board on early literacy;
(viii) the report described in Section 
53F-5-506
 by the state board on information
related to competency-based education;
(ix) the report described in Section 
53G-9-802
 by the state board on dropout prevention
and recovery services; and
(x) the report described in Section 
53G-10-204
 by the state board on methods used, and
the results being achieved, to instruct and prepare students to become informed and responsible
citizens.
(b) The Education Interim Committee or the Public Education Appropriations
Subcommittee may request a report described in Subsection (4)(a) to be reported separately
from the State Superintendent's Annual Report.
(5) The annual report shall be designed to provide clear, accurate, and accessible
information to the public, the governor, and the Legislature.
(6) The state board shall:
(a) submit the annual report in accordance with Section 
68-3-14
; and
(b) make the annual report, and previous annual reports, accessible to the public by
placing a link to the reports on the state board's website.
(7) (a) Upon request of the Education Interim Committee or Public Education
Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
Report to either committee.
(b) After submitting the State Superintendent's Annual Report in accordance with this
section, the state board may supplement the report at a later time with updated data,
information, or other materials as necessary or upon request by the governor, the Education
Interim Committee, or the Public Education Appropriations Subcommittee.
Section 2. Section 
53E-3-516
 is amended to read:
53E-3-516.
School disciplinary and law enforcement action report -- Rulemaking
authority.
(1) As used in this section:
(a) "Disciplinary action" means an action by a public school meant to formally
discipline a student of that public school that includes a suspension or expulsion.
(b) "Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
(c) "Minor" means the same as that term is defined in Section 
53G-6-201
.
(d) "Other law enforcement activity" means a significant law enforcement interaction
with a minor that does not result in an arrest, including:
(i) a search and seizure by an SRO;
(ii) issuance of a criminal citation;
(iii) issuance of a ticket or summons;
(iv) filing a delinquency petition; or
(v) referral to a probation officer.
(e) "School is in session" means the hours of a day during which a public school
conducts instruction for which student attendance is counted toward calculating average daily
membership.
(f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
clinic, or other event or activity that is authorized by a specific public school, according to LEA
governing board policy, and satisfies at least one of the following conditions:
(A) the activity is managed or supervised by a school district, public school, or public
school employee;
(B) the activity uses the school district or public school facilities, equipment, or other
school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(g) "Student resource officer" or "SRO" means the same as that term is defined in
Section 
53G-8-701
.
(2) Beginning on July 1, [
] 
, the state board[
, in collaboration with school
districts, charter schools, and law enforcement agencies,
] shall develop an annual report
regarding the following incidents that occur on school grounds while school is in session or
during a school-sponsored activity:
(a) arrests of a minor;
(b) other law enforcement activities; and
(c) disciplinary actions.
(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
the state board and LEAs to provide and validate data and information necessary to complete
the report described in Subsection (2), as requested by an LEA or the state board.
[
(3)
] 
(4)
 The report described in Subsection (2) shall include the following information
[
by school district and charter school
] 
listed separately for each LEA
:
(a) the number of arrests of a minor, including the reason why the minor was arrested;
(b) the number of other law enforcement activities, including the following information
for each incident:
(i) the reason for the other law enforcement activity; and
(ii) the type of other law enforcement activity used;
(c) the number of disciplinary actions imposed, including:
(i) the reason for the disciplinary action; and
(ii) the type of disciplinary action; and
(d) the number of SROs employed.
[
(4)
] 
(5)
 The report described in Subsection (2) shall include the following
information, in aggregate, for each element described in Subsections [
(3)
] 
(4)
(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
[
(5)
] 
(6)
 Information included in the annual report described in Subsection (2) shall
comply with:
(a) Chapter 9, Part 3, Student Data Protection;
(b) Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
[
(6)
] 
(7)
 The state board shall make rules to compile the report described in Subsection
(2).
[
(7)
] 
(8)
 The state board shall provide the report described in Subsection (2) in
accordance with Section 
53E-1-203
 for incidents that occurred during the previous school year.
Section 3. Section 
53E-9-305
 is amended to read:
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 
78A-6-112
, criminal record.
(2) [
An
] 
Except as provided in Subsection (3), an
 education entity that collects student
data shall, in accordance with this section, prepare and distribute[
, except as provided in
Subsection (3),
] to parents and students a student data collection notice statement that:
(a) is a prominent, stand-alone document;
(b) is annually updated and published on the education entity's website;
(c) states the student data that the education entity collects;
(d) states that the education entity will not collect the student data described in
Subsection (1);
(e) states the student data described in Section 
53E-9-308
 that the education entity may
not share without written consent;
(f) 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."; 
(g) describes in general terms how the education entity stores and protects student data;
and
(h) states a student's rights under this part.
(3) The state board may publicly post the state board's collection notice described in
Subsection (2).
(4) An education entity may collect the necessary student data of a student if the
education entity provides a student data collection notice 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 if the education entity:
(a) provides, to an individual described in Subsection (4), a student data collection
notice 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 written consent 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 if the education entity:
(a) provides, to an individual described in Subsection (4), a biometric information
collection notice that is separate from a student data collection notice, 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 written consent to collect the biometric identifier or biometric information
from an individual described in Subsection (4).
(7) Except under the circumstances described in Subsection 
53G-8-211
(2), an
education entity may not refer a student to an evidence-based alternative intervention described
in Subsection 
53G-8-211
(3) without written consent.
(8) Nothing in this section prohibits an education entity from including additional
information related to student and parent privacy in the notice described in Subsection (2).
Section 4. Section 
53E-9-309
 is amended to read:
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) When contracting with a third-party contractor, an education entity
, or a
government agency contracting on behalf of 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 state 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 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
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
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;
(e) use student data to allow or improve operability and functionality of the third-party
contractor's application; or
(f) identify for a student nonprofit institutions of higher education or scholarship
providers that are seeking students who meet specific criteria:
(i) regardless of whether the identified nonprofit institutions of higher education or
scholarship providers provide payment or other consideration to the third-party contractor; and
(ii) only if the third-party contractor obtains authorization in writing from:
(A) a student's parent through the student's school or LEA; or
(B) for an adult student, the student.
(5) At the completion of a contract with an education entity, if the contract has not
been renewed, a third-party contractor shall return or delete upon the education entity's request
all personally identifiable student data under the control of the education entity unless a student
or the student's parent consents to the maintenance of the personally identifiable student data.
(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) The provisions of this section do not:
(a) apply to the use of a general audience application, including the access of a general
audience application with login credentials created by a third-party contractor's application;
(b) apply if the student data is shared in accordance with the education entity's
directory information policy, as described in 34 C.F.R. 99.37;
[
(b)
] 
(c)
 apply to the providing of Internet service; or
[
(c)
] 
(d)
 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.
(8) A provision of this section that relates to a student's student data does not apply to a
third-party contractor if the 
education entity or
 third-party contractor obtains authorization from
the following individual, in writing, to waive that provision:
(a) the student's parent, if the student is not an adult student; or
(b) the student, if the student is an adult student.
Section 5. Section 
53G-8-208
 is amended to read:
53G-8-208.
Student suspended or expelled -- Responsibility of parent --
Application for students with disabilities.
(1) If a student is suspended or expelled from a public school under this part for more
than 10 school days, the parent is responsible for undertaking an alternative education plan
which will ensure that the student's education continues during the period of suspension or
expulsion.
(2) (a) The parent shall work with designated school officials to determine how that
responsibility might best be met through private education, an alternative program offered by
or through the district or charter school, or other alternative which will reasonably meet the
educational needs of the student.
(b) The parent and designated school official may enlist the cooperation of the Division
of Child and Family Services, the juvenile court, or other appropriate state agencies to meet the
student's educational needs.
(3) Costs for educational services which are not provided by the school district or
charter school are the responsibility of the student's parent.
(4) (a) Each school district or charter school shall maintain a record of all suspended or
expelled students and a notation of the recorded suspension or expulsion shall be attached to
the individual student's [
transcript
] 
cumulative folder
.
(b) The district or charter school shall contact the parent of each suspended or expelled
student under the age of 16 at least once each month to determine the student's progress.
(5) (a) This part applies to students with disabilities to the extent permissible under
applicable law or regulation.
(b) If application of any requirement of this part to a student with a disability is not
permissible under applicable law or regulation, the responsible school authority shall
implement other actions consistent with the conflicting law or regulation which shall most
closely correspond to the requirements of this part.