Terms Used In Utah Code > Title 20A > Chapter 20 - Utah Independent Redistricting Commission

• Adult student: means a student who:

  (a)	is at least 18 years old;

  (b)	is an emancipated student; or

  (c)

  qualifies under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 42 U. See Utah Code 53E-9-301 Advisory council: means the Advisory Council for the Utah Schools for the Deaf and the Blind. See Utah Code 53E-8-102 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Articles of incorporation: include : (a)  amended articles of incorporation; (b)  restated articles of incorporation; (c)  articles of merger; and (d)  a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102 Associate superintendent: means : (a)  the associate superintendent of the Utah School for the Deaf; or (b)  the associate superintendent of the Utah School for the Blind. See Utah Code 53E-8-102 Bequest: Property gifted by will. Biometric identifier: means a: (i)  retina or iris scan; (ii)  fingerprint; (iii)  human biological sample used for valid scientific testing or screening; or (iv)  scan of hand or face geometry. See Utah Code 53E-9-301 Biometric information: means information, regardless of how the information is collected, converted, stored, or shared: (a)  based on an individual's biometric identifier; and (b)  used to identify the individual. See Utah Code 53E-9-301 Blind: means : (a)  if the person is three years of age or older but younger than 22 years of age, having a visual impairment that, even with correction, adversely affects educational performance or substantially limits one or more major life activities; and (b)  if the person is younger than three years of age, having a visual impairment. See Utah Code 53E-8-102 Blindness: means an impairment in vision in which central visual acuity: (a)  does not exceed 20/200 in the better eye with correcting lenses; or (b)  is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 53E-8-102 Commission: means the Utah Independent Redistricting Commission created in Section 20A-20-201. See Utah Code 20A-20-102 Committee: means the Legislature's redistricting committee. See Utah Code 20A-20-102 Contract: A legal written agreement that becomes binding when signed. Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Cortical visual impairment: means a cortical or cerebral visual impairment: (a)  that: (i)  affects the visual cortex or visual tracts of the brain; (ii)  is caused by damage to the visual pathways to the brain; (iii)  affects a person's visual discrimination, acuity, processing, and interpretation; and (iv)  is often present in conjunction with other disabilities or eye conditions that cause visual impairment; and (b)  in which the eyes and optic nerves of the affected person appear normal and the person's pupil responses are normal. See Utah Code 53E-8-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Data breach: means an unauthorized release of or unauthorized access to personally identifiable student data that is maintained by an education entity. See Utah Code 53E-9-301 Data governance plan: means an education entity's comprehensive plan for managing education data that: (a)  incorporates reasonable data industry best practices to maintain and protect student data and other education-related data; (b)  describes the role, responsibility, and authority of an education entity data governance staff member; (c)  provides for necessary technical assistance, training, support, and auditing; (d)  describes the process for sharing student data between an education entity and another person; (e)  describes the education entity's data expungement process, including how to respond to requests for expungement; (f)  describes the data breach response process; and (g)  is published annually and available on the education entity's website. See Utah Code 53E-9-301 Deaf: means : (a)  if the person is three years of age or older but younger than 22 years of age, having hearing loss, whether permanent or fluctuating, that, even with amplification, adversely affects educational performance or substantially limits one or more major life activities; and (b)  if the person is younger than three years of age, having hearing loss. See Utah Code 53E-8-102 Deafblind: means : (a)  if the person is three years of age or older but younger than 22 years of age: (i)  deaf; (ii)  blind; and (iii)  having hearing loss and visual impairments that cause such severe communication and other developmental and educational needs that the person cannot be accommodated in special education programs solely for students who are deaf or blind; or (b)  if the person is younger than three years of age, having both hearing loss and vision impairments that are diagnosed as provided in Section 53E-8-401. See Utah Code 53E-8-102 Deafness: means a hearing loss so severe that the person is impaired in processing linguistic information through hearing, with or without amplification. See Utah Code 53E-8-102 Decennial year: means a year during which the United States Bureau of Census conducts a national decennial census. See Utah Code 20A-20-102 Devise: To gift property by will. Director: means a member of the board of directors. See Utah Code 16-6a-102 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 Educator: means an individual who is: (a)  licensed by the state board under Section 53E-6-201; or (b)  credentialed by the governing body of the individual's area of professional practice. See Utah Code 53E-8-102 Elected official: means : (a)  a person elected to an office under Section 20A-1-303 or 6; (b)  a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or (c)  a person who is considered to be elected to a special district office in accordance with Subsection 20A-1-206(3)(b)(ii). See Utah Code 20A-1-102 Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102 Eligible student: means : (a)  a student who: (i)  is eligible to participate in public school, in kindergarten or grades 1 through 12; (ii)  is a resident of the state; (iii)  (A)  has an IEP; or (B)  is determined by a multidisciplinary evaluation team to be eligible for services under 20 U. See Utah Code 53E-7-401 Employee: means an individual working in a position in which the individual's salary, wages, pay, or compensation, including as a contractor, is paid from: (i)  program donations to a scholarship granting organization; or (ii)  scholarship money allocated to a qualifying school by a scholarship granting organization under Section 53E-7-405. See Utah Code 53E-7-401 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. 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 Family income: means the annual income of the parent, parents, legal guardian, or legal guardians with whom a scholarship student lives. See Utah Code 53E-7-401 Federal poverty level: means the poverty level as defined by the most recently revised poverty income guidelines published by the United States Department of Health and Human Services in the Federal Register. See Utah Code 53E-7-401 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Functional blindness: means a disorder in which the physical structures of the eye may be functioning, but the person does not attend to, examine, utilize, or accurately process visual information. See Utah Code 53E-8-102 General audience application: means an Internet website, online service, online application, mobile application, or software program that: (a)  is not specifically intended for use by an audience member that attends kindergarten or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from 1 to 12; and (b)  is not subject to a contract between an education entity and a third-party contractor. See Utah Code 53E-9-301 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hard of hearing: means having a hearing loss, excluding deafness. See Utah Code 53E-8-102 IEP: means : (a)  a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U. See Utah Code 53E-8-102 IEP: means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U. See Utah Code 53E-1-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. LEA: means a local education agency that has administrative control and direction for public education. See Utah Code 53E-8-102 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-9-301 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 LEA of record: means the school district of residence of a student as determined under Section 53G-6-302. See Utah Code 53E-8-102 Legacy: A gift of property made by will. Local school board: means a board elected under 2. See Utah Code 53E-1-102 Low vision: means an impairment in vision in which: (a)  visual acuity is at 20/70 or worse; (b)  the visual field is reduced to less than 20 degrees; (c)  even with correction, educational performance is affected; or (d)  at least one major life activity is substantially limited. See Utah Code 53E-8-102 Metadata dictionary: means a record that: (a)  defines and discloses all personally identifiable student data collected and shared by the education entity; (b)  comprehensively lists all recipients with whom the education entity has shared personally identifiable student data, including: (i)  the purpose for sharing the data with the recipient; (ii)  the justification for sharing the data, including whether sharing the data was required by federal law, state law, or a local directive; and (iii)  how sharing the data is permitted under federal or state law; and (c)  without disclosing personally identifiable student data, is displayed on the education entity's website. See Utah Code 53E-9-301 Multidisciplinary evaluation team: means two or more individuals: (a)  who are qualified in two or more separate disciplines or professions; and (b)  who evaluate a child. See Utah Code 53E-7-401 Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102 Necessary student data: means data required by state statute or federal law to conduct the regular activities of an education entity, including: (a)  name; (b)  date of birth; (c)  sex; (d)  parent contact information; (e)  custodial parent information; (f)  contact information; (g)  a student identification number; (h)  local, state, and national assessment results or an exception from taking a local, state, or national assessment; (i)  courses taken and completed, credits earned, and other transcript information; (j)  course grades and grade point average; (k)  grade level and expected graduation date or graduation cohort; (l)  degree, diploma, credential attainment, and other school exit information; (m)  attendance and mobility; (n)  drop-out data; (o)  immunization record or an exception from an immunization record; (p)  race; (q)  ethnicity; (r)  tribal affiliation; (s)  remediation efforts; (t)  an exception from a vision screening required under Section 53G-9-404 or information collected from a vision screening described in Section 53G-9-404; (u)  information related to the Utah Registry of Autism and Developmental Disabilities, described in Section 26B-7-115; (v)  student injury information; (w)  a disciplinary record created and maintained as described in Section 53E-9-306; (x)  juvenile delinquency records; (y)  English language learner status; and (z)  child find and special education evaluation data related to initiation of an IEP. See Utah Code 53E-9-301 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Officer: means : (a)  a member of the board of a scholarship granting organization or qualifying school; or (b)  the chief administrative officer of a scholarship granting organization or qualifying school. See Utah Code 53E-7-401 Optional student data: includes : (i)  information that is: (A)  related to an IEP or needed to provide special needs services; and (B)  not necessary student data; (ii)  biometric information; and (iii)  information that is not necessary student data and that is required for a student to participate in a federal or other program. 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 Parent: means a parent or legal guardian. See Utah Code 53E-1-102 Person: means :Utah Code 68-3-12.5 Person: means an: (a)  individual; or (b)  entity. See Utah Code 16-6a-102 Personally identifiable student data: includes : (i)  a student's first and last name; (ii)  the first and last name of a student's family member; (iii)  a student's or a student's family's home or physical address; (iv)  a student's email address or other online contact information; (v)  a student's telephone number; (vi)  a student's social security number; (vii)  a student's biometric identifier; (viii)  a student's health or disability data; (ix)  a student's education entity student identification number; (x)  a student's social media user name and password or alias; (xi)  if associated with personally identifiable student data, the student's persistent identifier, including: (A)  a customer number held in a cookie; or (B)  a processor serial number; (xii)  a combination of a student's last name or photograph with other information that together permits a person to contact the student online; (xiii)  information about a student or a student's family that a person collects online and combines with other personally identifiable student data to identify the student; and (xiv)  information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. See Utah Code 53E-9-301 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102 Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102 Proceeding: includes : (a)  a civil suit; (b)  arbitration; (c)  mediation; (d)  a criminal action; (e)  an administrative action; or (f)  an investigatory action. See Utah Code 16-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 program: means the program established in Section 53E-7-402. See Utah Code 53E-7-401 Program donation: means a donation to the program under Section 53E-7-405. See Utah Code 53E-7-401 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public education code: means : (a)  this title; (b)  Title 53F, Public Education System -- Funding; and (c)  Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102 Qualifying school: means a private school that: (a)  provides kindergarten, elementary, or secondary education; (b)  is approved by the state board under Section 53E-7-408; and (c)  meets the requirements described in Section 53E-7-403. See Utah Code 53E-7-401 Quorum: The number of legislators that must be present to do business. Regular decennial redistricting: means redistricting required due to a national decennial census. See Utah Code 20A-20-102 Relative: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 53E-7-401 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Scholarship: means a grant awarded to an eligible student: (a)  by a scholarship granting organization out of program donations; and (b)  for the purpose of paying for a scholarship expense. See Utah Code 53E-7-401 Scholarship expense: means an expense that a parent or eligible student incurs in the education of the eligible student for goods or a service that a qualifying school provides or facilitates, including: (a)  tuition and fees of a qualifying school; (b)  fees and instructional materials at a technical college; (c)  tutoring services; (d)  fees for after-school or summer education programs; (e)  textbooks, curricula, or other instructional materials, including any supplemental materials or associated online instruction that a curriculum or a qualifying school recommends; (f)  educational software and applications; (g)  supplies or other equipment related to an eligible student's educational needs; (h)  computer hardware or other technological devices that are intended primarily for an eligible student's educational needs; (i)  fees for the following examinations, or for a preparation course for the following examinations, that the scholarship granting organization approves: (i)  a national norm-referenced or standardized assessment described in Section 53F-6-410, an advanced placement examination, or another similar assessment; (ii)  a state-recognized industry certification examination; and (iii)  an examination related to college or university admission; (j)  educational services for students with disabilities from a licensed or accredited practitioner or provider, including occupational, behavioral, physical, audiology, or speech-language therapies; (k)  contracted services that the scholarship granting organization approves and that an LEA provides, including individual classes, after-school tutoring services, transportation, or fees or costs associated with participation in extracurricular activities; (l)  ride fees or fares for a fee-for-service transportation provider to transport the eligible student to and from a qualifying school, not to exceed $750 in a given school year; (m)  expenses related to extracurricular activities, field trips, educational supplements, and other educational experiences; or (n)  the scholarship granting organization approves in accordance with Subsection 53E-7-405(3). See Utah Code 53E-7-401 Scholarship granting organization: means an organization that is: (a)  qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and (b)  recognized through an agreement with the state board as a scholarship granting organization, as described in Section 53E-7-404. See Utah Code 53E-7-401 Scholarship student: means an eligible student who receives a scholarship under this part. See Utah Code 53E-7-401 School official: means an employee or agent of an education entity, if the education entity has authorized the employee or agent to request or receive student data on behalf of the education entity. See Utah Code 53E-9-301 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Special redistricting: means redistricting that is not a regular decennial redistricting. See Utah Code 20A-20-102 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 State board: means the State Board of Education. See Utah Code 53E-1-102 Statute: A law passed by a legislature. Student data: means information about a student at the individual student level. See Utah Code 53E-9-301 Student data manager: means : (a)  the state student data officer; or (b)  an individual designated as a student data manager by an education entity under Section 53E-9-303, who fulfills the duties described in Section 53E-9-308. See Utah Code 53E-9-301 Subpoena: A command to a witness to appear and give testimony. Superintendent: means the superintendent of the Utah Schools for the Deaf and the Blind. See Utah Code 53E-8-102 Targeted advertising: means presenting advertisements to a student where the advertisement is selected based on information obtained or inferred over time from that student's online behavior, usage of applications, or student data. See Utah Code 53E-9-301 Third-party contractor: means a person who: (a)  is not an education entity; and (b)  pursuant to a contract with an education entity, collects or receives student data in order to provide a product or service, as described in the contract, if the product or service is not related to school photography, yearbooks, graduation announcements, or a similar product or service. See Utah Code 53E-9-301 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vacancy: means : (a)  except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or (b)  in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102 Value of the weighted pupil unit: means the amount established each year in the enacted public education budget that is multiplied by the number of weighted pupil units to yield the funding level for the basic state-supported school program. See Utah Code 53E-7-401 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Visual impairment: includes partial sightedness, low vision, blindness, cortical visual impairment, functional blindness, and degenerative conditions that lead to blindness or severe loss of vision. See Utah Code 53E-8-102 Vote: includes authorization by: (a)  written ballot; and (b)  written consent. See Utah Code 16-6a-102 Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102 Writing: includes :Utah Code 68-3-12.5 Written consent: means written authorization to collect or share a student's student data, from: (a)  the student's parent, if the student is not an adult student; or (b)  the student, if the student is an adult student. See Utah Code 53E-9-301