53E-3-518.  Utah school information management system — Local education agency requirements.

(1)  As used in this section:

Terms Used In Utah Code 53E-3-518

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • LEA: means :
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
  • Parent: means a parent or legal guardian. See Utah Code 53E-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
  • (a)  “LEA data system” or “LEA’s data system” means a data system that:

    (i)  is developed, selected, or relied upon by an LEA; and

    (ii)  the LEA uses to collect data or submit data to the state board related to:

    (A)  student information;

    (B)  educator information;

    (C)  financial information; or

    (D)  other information requested by the state board.

    (b)  “LEA financial information system” or “LEA’s financial information system” means an LEA data system used for financial information.

    (c)  “Parent” means the same as that term is defined in Section 53G-6-201.

    (d)  “Utah school information management system” or “information management system” means the state board’s data collection and reporting system described in this section.

    (e)  “User” means an individual who has authorized access to the information management system.

    (2)  On or before July 1, 2024, the state board shall have in place an information management system that meets the requirements described in this section.

    (3)  The state board shall ensure that the information management system:

    (a)  interfaces with an LEA’s data systems that meet the requirements described in Subsection (6);

    (b)  serves as the mechanism for the state board to collect and report on all data that LEAs submit to the state board related to:

    (i)  student information;

    (ii)  educator information;

    (iii)  financial information; and

    (iv)  other information requested by the state board;

    (c)  includes a web-based user interface through which a user may:

    (i)  enter data;

    (ii)  view data; and

    (iii)  generate customizable reports;

    (d)  includes a data warehouse and other hardware or software necessary to store or process data submitted by an LEA;

    (e)  provides for data privacy, including by complying with Title 53E, Chapter 9, Student Privacy and Data Protection;

    (f)  restricts user access based on each user’s role; and

    (g)  meets requirements related to a student achievement backpack described in Section 53E-3-511.

    (4)  The state board shall establish the restrictions on user access described in Subsection (3)(f).

    (5) 

    (a)  The state board shall make rules that establish the required capabilities for an LEA financial information system.

    (b)  In establishing the required capabilities for an LEA financial information system, the state board shall consider metrics and capabilities requested by the state treasurer or state auditor.

    (6) 

    (a)  On or before July 1, 2024, an LEA shall ensure that:

    (i)  all of the LEA’s data systems:

    (A)  meet the data standards established by the state board in accordance with Section 53E-3-501;

    (B)  are fully compatible with the state board’s information management system; and

    (C)  meet specification standards determined by the state board; and

    (ii)  the LEA’s financial information system meets the requirements described in Subsection (5).

    (b)  An LEA shall ensure that an LEA data system purchased or developed on or after May 14, 2019, will be compatible with the information management system when the information management system is fully operational.

    (7) 

    (a)  Subject to appropriations and Subsection (7)(b), the state board may use an appropriation under this section to help an LEA meet the requirements in the rules described in Subsection (5) by:

    (i)  providing to the LEA funding for implementation and sustainment of the LEA financial information system, either through:

    (A)  awarding a grant to the LEA; or

    (B)  providing a reimbursement to the LEA; or

    (ii)  in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a financial information system on behalf of an LEA for the LEA to use as the LEA’s financial information system.

    (b)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules describing:

    (i)  how an LEA may apply to the state board for the assistance described in Subsection (7)(a); and

    (ii)  criteria for the state board to provide the assistance to an LEA.

    (8) 

    (a)  Beginning July 1, 2024, the state board may take action against an LEA that is out of compliance with a requirement described in Subsection (6) until the LEA complies with the requirement.

    (b)  An action described in Subsection (8)(a) may include the state board withholding funds from the LEA.

    (9) 

    (a)  For purposes of this Subsection (9), “education record” means the same as that term is defined in 20 U.S.C. § 1232g.

    (b)  The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a procedure under which:

    (i)  a parent may submit information as part of the education records for the parent’s student;

    (ii)  the information submitted by the parent is maintained as part of the education records for the parent’s student;

    (iii)  information submitted by the parent and maintained as part of the education records for the parent’s student may be removed at the request of the parent; and

    (iv)  a parent has access only to the education records of the parent’s student in accordance with Subsection (9)(d).

    (c)  The rules made under this Subsection (9) shall allow a parent to submit or remove information submitted by the parent under this Subsection (9) at least annually, including at the time of:

    (i)  registering a student in a school; or

    (ii)  changing the school in which a student attends.

    (d)  Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. § 1232g, and related regulations, the state board shall provide a parent access to an education record concerning the parent’s student.

    (e)  The state board shall create in the information management system a record tracking interoperability of education records described in this Subsection (9) when a student is transitioning between schools or between LEAs.

    Amended by Chapter 70, 2023 General Session