No. 35243 (New Rule): Rule R277-487. Public School Student Confidentiality

(New Rule)

DAR File No.: 35243
Filed: 09/15/2011 06:25:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide standards and procedures related to public school student confidentiality consistent with H.B. 145, 2011 General Session.

Summary of the rule or change:

This new rule provides responsibilities for the Utah State Board of Education (Board), local education agencies (LEAs), public education employees, and student aides and volunteers.

State statutory or constitutional authorization for this rule:

• Subsection 53A-13-301(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The rule provides standards and procedures for the State Board of Education to follow to help ensure student confidentiality. Board compliance with the standards and procedures of this new rule does not result in any cost or savings.

local governments:

There are no anticipated costs or savings to local government. Under the rule, LEAs will provide training to public education employees and volunteers. Many LEAs already provide training to staff on student confidentiality. For those that do not, training could be provided to the LEA staff by existing staff and within existing budget.

small businesses:

There are no anticipated costs or savings to small businesses. The amendments to this rule apply to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to small businesses, businesses, or local government entities. This rule requires LEA policies and training to ensure compliance with student confidentiality laws.

Compliance costs for affected persons:

There are no compliance costs for affected persons. LEA staff will be trained on the state and federal laws relating to student confidentiality.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-487. Public School Student Confidentiality.

R277-487-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "FERPA" means the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, a federal law designed to protect the privacy of students' education records. The law is hereby incorporated by reference.

C. "LEA" means local education agency, including local school boards/charter school governing board, public school districts and schools, and charter schools.

D. "Student record" means a record in any form, including handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche, that is directly related to a student and maintained by an educational agency or institution or by a party acting for an agency or institution.

 

R277-487-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, by Section 53A-13-301(3) which requires the Board to make rules to establish standards for public education employees, student aides, and volunteers in public schools regarding the confidentiality of student information and student records, and by Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities.

B. The purpose of this rule is to provide standards and procedures related to public school student confidentiality.

 

R277-487-3. Board Responsibilities.

A. The Board shall develop resource materials to train employees, student aides, and volunteers of an LEA regarding confidentiality of student information and student records, as defined in FERPA.

B. The Board shall make the materials available to each LEA.

 

R277-487-4. LEA Responsibilities.

A. LEAs shall establish policies and provide appropriate training for employees regarding the confidentiality of student records including an overview of all federal, state, and local laws that pertain to the privacy of students, their parents, and their families.

B. LEAs shall require password protection for all student records maintained electronically.

C. An LEA may adopt policies related to public school student confidentiality to address the specific needs or priorities of the LEA.

 

R277-487-4. Public Education Employee and Volunteer Responsibilities.

A. All public education employees, student aides, and volunteers in public schools shall become familiar with federal, state, and local law regarding the confidentiality of student information and student records.

B. All public education employees, student aides, and volunteers shall maintain appropriate confidentiality pursuant to federal, state, and local laws with regard to student records.

C. An employee, student aide, or volunteer shall maintain student records in a secure and appropriate place as designated by policies of an LEA.

D. An employee, student aide, or volunteer accessing student records in electronic format shall comply with policies of an LEA regarding the procedures for maintaining confidentiality of electronic records.

E. An employee, student aide, or volunteer shall not share, disclose, or disseminate passwords for electronic maintenance of student records.

F. Public education employees licensed under Section 53A-6-104 shall access and use student information and records consistent with R277-515, Utah Educator Standards. Violations may result in licensing discipline.

G. All public education employees, student aides and volunteers have a responsibility to protect confidential student information and access records only as necessary for their assignment(s).

 

KEY: students, records, confidentiality

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-13-301(3); 53A-1-401(3)

 

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