Section 204 – Access to education records — Training requirement — Certification.

• (1) As used in this section, “education record” means the same as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.

• (2) A local school board or charter 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 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.

Amended by Chapter 186, 2019 General Session