Terms Used In Utah Code > Title 22 > Chapter 3 > Part 3 - Unitrust

• 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
• Advisory council: means the Advisory Council for the Utah Schools for the Deaf and the Blind. See Utah Code 53E-8-102
• 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.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate superintendent: means :
       (3)(a) the associate superintendent of the Utah School for the Deaf; or
       (3)(b) the associate superintendent of the Utah School for the Blind. See Utah Code 53E-8-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bequest: Property gifted by will.
• 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
• Blind: means :
       (4)(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
       (4)(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:
       (5)(a) does not exceed 20/200 in the better eye with correcting lenses; or
       (5)(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
• Career and technical education course: means a concurrent enrollment course in career and technical education, as determined by the policy established by the Utah Board of Higher Education under Section 53E-10-302. See Utah Code 53E-10-301
• Charter school governing board: means the board that governs a charter school. See Utah Code 53E-1-102
• Concurrent enrollment: means enrollment in a course offered through the concurrent enrollment program described in Section 53E-10-302. See Utah Code 53E-10-301
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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:
       (6)(a) incorporates reasonable data industry best practices to maintain and protect student data and other education-related data;
       (6)(b) describes the role, responsibility, and authority of an education entity data governance staff member;
       (6)(c) provides for necessary technical assistance, training, support, and auditing;
       (6)(d) describes the process for sharing student data between an education entity and another person;
       (6)(e) describes the education entity's data expungement process, including how to respond to requests for expungement;
       (6)(f) describes the data breach response process; and
       (6)(g) is published annually and available on the education entity's website. See Utah Code 53E-9-301
• Deaf: means :
       (7)(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
       (7)(b) if the person is younger than three years of age, having hearing loss. See Utah Code 53E-8-102
• Deafblind: means :
       (8)(a) if the person is three years of age or older but younger than 22 years of age:

            (8)(a)(i) deaf;

            (8)(a)(ii) blind; and

            (8)(a)(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
       (8)(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
• Devise: To gift property by will.
• 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
• Educator: means an individual who is:
       (10)(a) licensed by the state board under Section 53E-6-201; or
       (10)(b) credentialed by the governing body of the individual's area of professional practice. See Utah Code 53E-8-102
• Eligible institution: means :
       (4)(a) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Section 53B-1-102; or
       (4)(b) a degree-granting institution of higher education or a technical college within the state system of higher education, as identified in Section 53B-1-102, that offers an online concurrent enrollment course. See Utah Code 53E-10-301
• Eligible instructor: means an instructor who meets the requirements described in Section 53E-10-302. See Utah Code 53E-10-301
• Eligible student: means a student who:
       (6)(a)

            (6)(a)(i) is enrolled in, and counted in average daily membership in, a public school within the state; or

            (6)(a)(ii) is in the custody of the Division of Juvenile Justice and Youth Services and subject to the jurisdiction of the Youth Parole Authority;
       (6)(b) has on file a plan for college and career readiness as described in Section 53E-2-304; and
       (6)(c) is in grade 9, 10, 11, or 12. See Utah Code 53E-10-301
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• Fiduciary: A trustee, executor, or administrator.
• General audience application: means an Internet website, online service, online application, mobile application, or software program that:
       (9)(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
       (9)(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: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• 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.
• Hard of hearing: means having a hearing loss, excluding deafness. 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, Utah Code 53E-1-102
• IEP: means :
       (14)(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, Utah Code 53E-8-102
• 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 :
       (10)(a) a school district;
       (10)(b) a charter school; or
       (10)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-9-301
• LEA: means a local education agency that has administrative control and direction for public education. See Utah Code 53E-8-102
• LEA: means :
       (6)(a) a school district;
       (6)(b) a charter school; or
       (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
• LEA: means a school district or charter school. See Utah Code 53E-10-301
• LEA governing board: means :
       (5)(a) for a school district, the local school board;
       (5)(b) for a charter school, the charter school governing board; or
       (5)(c) for the Utah Schools for the Deaf and the Blind, the state board. 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
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
• Metadata dictionary: means a record that:
       (11)(a) defines and discloses all personally identifiable student data collected and shared by the education entity;
       (11)(b) comprehensively lists all recipients with whom the education entity has shared personally identifiable student data, including:

            (11)(b)(i) the purpose for sharing the data with the recipient;

            (11)(b)(ii) the justification for sharing the data, including whether sharing the data was required by federal law, state law, or a local directive; and

            (11)(b)(iii) how sharing the data is permitted under federal or state law; and
       (11)(c) without disclosing personally identifiable student data, is displayed on the education entity's website. 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 a parent or legal guardian. See Utah Code 53E-1-102
• 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
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personally identifiable student data: includes :
            (15)(b)(i) a student's first and last name;
            (15)(b)(ii) the first and last name of a student's family member;
            (15)(b)(iii) a student's or a student's family's home or physical address;
            (15)(b)(iv) a student's email address or other online contact information;
            (15)(b)(v) a student's telephone number;
            (15)(b)(vi) a student's social security number;
            (15)(b)(vii) a student's biometric identifier;
            (15)(b)(viii) a student's health or disability data;
            (15)(b)(ix) a student's education entity student identification number;
            (15)(b)(x) a student's social media user name and password or alias;
            (15)(b)(xi) if associated with personally identifiable student data, the student's persistent identifier, including:

                 (15)(b)(xi)(A) a customer number held in a cookie; or

                 (15)(b)(xi)(B) a processor serial number;
            (15)(b)(xii) a combination of a student's last name or photograph with other information that together permits a person to contact the student online;
            (15)(b)(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
            (15)(b)(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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public education code: means :
       (10)(a) this title;
       (10)(b) Title 53F, Public Education System -- Funding; and
       (10)(c) Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102
• Qualifying experience: means an LEA employee's experience in an academic field that:
       (9)(a) qualifies the LEA employee to teach a concurrent enrollment course in the academic field; and
       (9)(b) may include the LEA employee's:

            (9)(b)(i) number of years teaching in the academic field;

            (9)(b)(ii) holding a higher level secondary teaching credential issued by the state board;

            (9)(b)(iii) research, publications, or other scholarly work in the academic field;

            (9)(b)(iv) continuing professional education in the academic field;

            (9)(b)(v) portfolio of work related to the academic field; or

            (9)(b)(vi) professional work experience or certifications in the academic field. See Utah Code 53E-10-301
• 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
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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
• State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. 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 :
       (18)(a) the state student data officer; or
       (18)(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:
       (20)(a) is not an education entity; and
       (20)(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.
• Trustee: A person or institution holding and administering property in trust.
• 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-10-301
• Venue: The geographical location in which a case is tried.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
• 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