Section 306 - Using and expunging student data -- Rulemaking -- Disciplinary records.

UT Code § 53E-9-306 (2019) (N/A)
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(1) In accordance with Title 63G, Chapter 2, Government Records Access and Management 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.

(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;

(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;

(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

(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.

(3) (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.

(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.