Utah Code 53E-9-306. Using and expunging student data — Rulemaking

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:

Terms Used In Utah Code 53E-9-306

Education entity: means :

(a)	the state board;

(b)	a local school board;

(c)	a charter school governing board;

(d)	a school district;

(e)	a charter school; or

(f)

the Utah Schools for the Deaf and the Blind. See Utah Code 53E-9-301

Expunge: means to seal or permanently delete data, as described in state board rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, under Section 53E-9-306. See Utah Code 53E-9-301

Parent: means :

(a)	a student's parent;

(b)	a student's legal guardian; or

(c)

an individual who has written authorization from a student's parent or legal guardian to act as a parent or legal guardian on behalf of the student. See Utah Code 53E-9-301

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

Student data: means information about a student at the individual student level. See Utah Code 53E-9-301

(a)

a categorization of disciplinary records that includes the following levels of maintenance:

(i)

one year;

(ii)	three years; and

(iii)

in accordance with Subsection (3), as determined by the education entity;

(b)

the types of student data that may be expunged, including:

(i)	medical records; and

(ii)	behavioral test assessments;

(c)

the types of student data that may not be expunged, including:

(i)

grades;

(ii)	transcripts;

(iii)

a record of the student’s enrollment; and

(iv)	assessment information; and

(d)	the timeline and process for a prior student or parent of a prior student to request that an education entity expunge all of the prior student’s student data.

(2)	In accordance with state board rule, an education entity may create and maintain a disciplinary record for a student.

(3)

(a)	As recognized in Section 53E-9-304, and to ensure maximum student data privacy, an education entity shall, in accordance with state board rule, expunge a student’s student data that is stored by the education entity.

(b)	An education entity shall retain and dispose of records in accordance with Section 63G-2-604 and state board rule.

Amended by Chapter 408, 2020 General Session

Previous section

Next section

Part 3 Contents

LawServer

Utah Code 53E-9-306. Using and expunging student data — Rulemaking — Disciplinary records

Terms Used In Utah Code 53E-9-306