R277-487-8. Public Education Research Data

  (1) The Superintendent may provide limited or extensive data sets for research and analysis purposes to qualified researchers or organizations.

  (2) The Superintendent shall use reasonable methods to qualify researchers or organizations to receive data, such as evidence that a research proposal has been approved by a federally recognized Institutional Review Board or "IRB."

  (3) The Superintendent may post aggregate de-identified student assessment data to the Board website.

  (4) The Superintendent shall ensure that personally identifiable student data is protected.

  (5) The Superintendent:

  (a) is not obligated to fill every request for data and shall establish procedures to determine which requests will be filled or to assign priorities to multiple requests;

  (b) may give higher priority to requests that will help improve instruction in Utah's public schools; and

  (c) may charge a fee to prepare data or to deliver data, particularly if the preparation requires original work.

  (6) A researcher or organization shall provide a copy of the report or publication produced using Board data to the Superintendent at least 10 business days prior to the public release.

  (7) Requests for personally identifiable student data that may only be provided in accordance with Section 53E-9-308 and FERPA, and may include:

  (a) student data that are de-identified, meaning that a reasonable person in the school community who does not have personal knowledge of the relevant circumstances could not identify student(s) with reasonable certainty;

  (b) agreements with recipients of student data where recipients agree not to report or publish data in a manner that discloses students' identities; or

  (c) release of student data, with appropriate binding agreements, for state or federal accountability or for the purpose of improving instruction to specific student subgroups.

  (8) Recipients of Board research data shall sign a confidentiality agreement, if required by the Superintendent.

  (9) Either the Board or the Superintendent may commission research or may approve research requests.

  (10) Request for records under Title 63G, Chapter 2, Government Records Access and Management Act, are not subject to this Section R277-487-8.