53E-9-204. 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. § 1232g. |
Terms Used In Utah Code 53E-9-204
- Local school board: means a board elected under 2. See Utah Code 53E-1-102
- Parent: means a parent or legal guardian. See Utah Code 53E-1-102
- 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
| (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. |
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| (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. |
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| (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. |
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| (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. |
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Amended by Chapter 186, 2019 General Session
