Student privacy rights are improving in Utah! Utah HB 358 passed and was funded this legislative session.
This is very happy news for many who have been extremely concerned about the lack of proper privacy protections in our state and country. Although the bill does not provide any opt-out ability for any student from the State Longitudinal Database System, which we’ve been asking for, for four years straight, it it does take important steps in the right direction.
The bill imposes some important restrictions on how information collected by school/government systems about a student can be stored, shared, and used. It also makes the Utah law much more protective than federal FERPA (which, as you know, was deliberately damaged by the USDOE in 2009 so that it is not protective of student privacy as it had been when first written by Congress decades ago.)
In HB 358, line 472, the new law defines who owns the data. The student.
472 (1) (a) A student owns the student’s personally identifiable student data.
(Not the “village”.)
The bill also defines three types of personally identifiable data: necessary, optional, and prohibited.
For example, under “necessary” data, the bill names:
316 (a) name;
317 (b) date of birth;
318 (c) sex;
319 (d) parent contact information;
320 (e) custodial parent information;
321 (f) contact information;
322 (g) a student identification number;
323 (h) local, state, and national assessment results or an exception from taking a local,
324 state, or national assessment;
325 (i) courses taken and completed, credits earned, and other transcript information;
326 (j) course grades and grade point average;
327 (k) grade level and expected graduation date or graduation cohort;
328 (l) degree, diploma, credential attainment, and other school exit information;
329 (m) attendance and mobility;
330 (n) drop-out data;
331 (o) immunization record or an exception from an immunization record;
332 (p) race;
333 (q) ethnicity;
334 (r) tribal affiliation;
335 (s) remediation efforts;
336 (t) an exception from a vision screening required under Section 53A-11-203 or
337 information collected from a vision screening required under Section 53A-11-203;
Under “Prohibited data” which schools and third parties may not collect, the bill name:
806 …administration to a student of any psychological or psychiatric
807 examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student’s parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information… concerning the student’s or any family member’s:
811 (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of
812 the State Board of Education, political philosophies;
813 (b) mental or psychological problems;
814 (c) sexual behavior, orientation, or attitudes;
815 (d) illegal, anti-social, self-incriminating, or demeaning behavior;
816 (e) critical appraisals of individuals with whom the student or family member has close
817 family relationships;
818 (f) religious affiliations or beliefs;
819 (g) legally recognized privileged and analogous relationships, such as those with
820 lawyers, medical personnel, or ministers…
Thank you, Representative Anderegg.
Read the rest of the bill here.