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

244 words·~1 min read·/ut/title-53e/chapter-9/53e-9-306

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

Effective 5/12/2020

(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:

(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.

(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