Utah Code 53E-9-305. Collecting student data — Prohibition — Student data collection notice — Written consent
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(1) An education entity may not collect a student’s:
Terms Used In Utah Code 53E-9-305
- Adult student: means a student who:(1)(a) is at least 18 years old;(1)(b) is an emancipated student; or(1)(c) qualifies under the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, Utah Code 53E-9-301
- Biometric identifier: means a:
(3)(a)(i) retina or iris scan;(3)(a)(ii) fingerprint;(3)(a)(iii) human biological sample used for valid scientific testing or screening; or(3)(a)(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:
(4)(a) based on an individual's biometric identifier; and(4)(b) used to identify the individual. See Utah Code 53E-9-301- Education entity: means :
(7)(a) the state board;(7)(b) a local school board;(7)(c) a charter school governing board;(7)(d) a school district;(7)(e) a charter school; or(7)(f) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-9-301- Necessary student data: means data required by state statute or federal law to conduct the regular activities of an education entity, including:
(12)(a) name;(12)(b) date of birth;(12)(c) sex;(12)(d) parent contact information;(12)(e) custodial parent information;(12)(f) contact information;(12)(g) a student identification number;(12)(h) local, state, and national assessment results or an exception from taking a local, state, or national assessment;(12)(i) courses taken and completed, credits earned, and other transcript information;(12)(j) course grades and grade point average;(12)(k) grade level and expected graduation date or graduation cohort;(12)(l) degree, diploma, credential attainment, and other school exit information;(12)(m) attendance and mobility;(12)(n) drop-out data;(12)(o) immunization record or an exception from an immunization record;(12)(p) race;(12)(q) ethnicity;(12)(r) tribal affiliation;(12)(s) remediation efforts;(12)(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;(12)(u) information related to the Utah Registry of Autism and Developmental Disabilities, described in Section 26B-7-115;(12)(v) student injury information;(12)(w) a disciplinary record created and maintained as described in Section 53E-9-306;(12)(x) juvenile delinquency records;(12)(y) English language learner status; and(12)(z) child find and special education evaluation data related to initiation of an IEP. See Utah Code 53E-9-301- Optional student data: includes :
(13)(b)(i) information that is:(13)(b)(i)(A) related to an IEP or needed to provide special needs services; and(13)(b)(i)(B) not necessary student data;(13)(b)(ii) biometric information; and(13)(b)(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 :
(14)(a) a student's parent;(14)(b) a student's legal guardian; or(14)(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- 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
- Written consent: means written authorization to collect or share a student's student data, from:
(21)(a) the student's parent, if the student is not an adult student; or(21)(b) the student, if the student is an adult student. See Utah Code 53E-9-301(1)(a) social security number; or(1)(b) except as required in Section 80-6-103, criminal record.(2) Except as provided in Subsection (3), an education entity that collects student data shall, in accordance with this section, prepare and distribute to parents and students a student data collection notice statement that:(2)(a) is a prominent, stand-alone document;(2)(b) is annually updated and published on the education entity’s website;(2)(c) states the student data that the education entity collects;(2)(d) states that the education entity will not collect the student data described in Subsection (1);(2)(e) states the student data described in Section 53E-9-308 that the education entity may not share without written consent;(2)(f) includes the following statement:“The collection, use, and sharing of student data has both benefits and risks. Parents and students should learn about these benefits and risks and make choices regarding student data accordingly.”;
(2)(g) describes in general terms how the education entity stores and protects student data; and(2)(h) states a student’s rights under this part.(3) The state board may publicly post the state board’s collection notice described in Subsection (2).(4) An education entity may collect the necessary student data of a student if the education entity provides a student data collection notice to:(4)(a) the student, if the student is an adult student; or(4)(b) the student’s parent, if the student is not an adult student.(5) An education entity may collect optional student data if the education entity:(5)(a) provides, to an individual described in Subsection (4), a student data collection notice that includes a description of:(5)(a)(i) the optional student data to be collected; and(5)(a)(ii) how the education entity will use the optional student data; and(5)(b) obtains written consent to collect the optional student data from an individual described in Subsection (4).(6) An education entity may collect a student’s biometric identifier or biometric information if the education entity:(6)(a) provides, to an individual described in Subsection (4), a biometric information collection notice that is separate from a student data collection notice, which states:(6)(a)(i) the biometric identifier or biometric information to be collected;(6)(a)(ii) the purpose of collecting the biometric identifier or biometric information; and(6)(a)(iii) how the education entity will use and store the biometric identifier or biometric information; and(6)(b) obtains written consent to collect the biometric identifier or biometric information from an individual described in Subsection (4).(7) Except under the circumstances described in Subsection 53G-8-211(2), an education entity may not refer a student to an evidence-based alternative intervention described in Section 53G-8-211 without written consent.(8) Nothing in this section prohibits an education entity from including additional information related to student and parent privacy in the notice described in Subsection (2). - Biometric identifier: means a: