Section 310 – Penalties.
Effective 5/14/2019 53E-9-310. Penalties. (1) (a) A third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part: (i) except as provided in Subsection (1)(b), may not enter into a future contract with an education entity; (ii) may be required by the state board to pay a civil […]
Section 307 – Securing and cataloguing student data.
Effective 5/12/2020 53E-9-307. Securing and cataloguing student data. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that: (1) using reasonable data industry best practices, prescribe the maintenance and protection of stored student data by: (a) an education entity; (b) the Utah Registry of Autism and Developmental […]
Section 308 – Sharing student data — Prohibition — Requirements for student data manager — Authorized student data sharing.
Effective 9/1/2022 53E-9-308. Sharing student data — Prohibition — Requirements for student data manager — Authorized student data sharing. (1) (a) Except as provided in Subsection (1)(b), an education entity, including a student data manager, may not share personally identifiable student data without written consent. (b) An education entity, including a student data manager, may […]
Section 309 – Third-party contractors.
Effective 5/12/2020 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 […]
Section 302 – State student data protection governance.
Effective 5/12/2020 53E-9-302. State student data protection governance. (1) (a) An education entity or a third-party contractor who collects, uses, stores, shares, or deletes student data shall protect student data as described in this part. (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to administer […]
Section 303 – Local student data protection governance.
Effective 5/14/2019 53E-9-303. Local student data protection governance. (1) An LEA shall adopt policies to protect student data in accordance with this part and state board rule, taking into account the specific needs and priorities of the LEA. (2) (a) An LEA shall designate an individual to act as a student data manager to fulfill […]
Section 304 – Student data ownership and access — Notification in case of significant data breach.
Effective 5/12/2020 53E-9-304. Student data ownership and access — Notification in case of significant data breach. (1) (a) A student owns the student’s personally identifiable student data. (b) An education entity shall allow the following individuals to access a student’s student data that is maintained by the education entity: (i) the student’s parent; (ii) the […]
Section 305 – Collecting student data — Prohibition — Student data collection notice — Written consent.
Effective 9/1/2021 53E-9-305. Collecting student data — Prohibition — Student data collection notice — Written consent. (1) An education entity may not collect a student’s: (a) social security number; or (b) except as required in Section 80-6-103, criminal record. (2) Except as provided in Subsection (3), an education entity that collects student data shall, in […]
Section 306 – Using and expunging student data — Rulemaking — Disciplinary records.
Effective 5/12/2020 53E-9-306. Using and expunging student data — Rulemaking — Disciplinary records. (1) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules regarding using and expunging student data, including: (a) a categorization of disciplinary records […]
Section 202 – Application of state and federal law to the administration and operation of public schools — Local school board and charter school governing board policies.
Effective 5/14/2019 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: (a) the state board; (b) a local school board or charter school governing board; (c) a school district; (d) […]