53E-9-204. Access to education records -- Training requirement -- Certification.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/14/2019

(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.

(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