Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 166
                        STUDENT DATA PRIVACY AMENDMENTS
                                       2020 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Jacob L. Anderegg
                                  House Sponsor: A. Cory Maloy
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 LONG TITLE
 General Description:
        This bill amends provisions related to student data privacy.
 Highlighted Provisions:
        This bill:
        < requires law enforcement to provide and validate information necessary for the state
 board to complete a required report on incidents that occur on school grounds;
        < clarifies requirements regarding the content of privacy notices;
        < exempts schools from certain contractual provisions related to sharing directory
 information if the directory information is shared in accordance with federal law;
        < binds other government agencies that contract on behalf of education entities to the
 same requirements as education entities;
        < clarifies that education entities may obtain written authorization to waive a
 provision of a contract with a third-party contractor related to a student's student
 data; and
        < requires information related to suspension or expulsion to appear in a student's
 cumulative folder.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
       S.B. 166                                                                          Enrolled Copy
        53E-1-203, as enacted by Laws of Utah 2019, Chapter 324
        53E-3-516, as last amended by Laws of Utah 2019, Chapters 186 and 324
        53E-9-305, as last amended by Laws of Utah 2019, Chapters 136, 175, and 186
        53E-9-309, as last amended by Laws of Utah 2019, Chapter 186
        53G-8-208, as last amended by Laws of Utah 2019, Chapter 293
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-1-203 is amended to read:
        53E-1-203. State Superintendent's Annual Report.
        (1) The state board shall prepare and submit to the governor, the Education Interim
 Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
 year, an annual written report known as the State Superintendent's Annual Report that includes:
        (a) the operations, activities, programs, and services of the state board;
        (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
        (c) data on the general condition of the schools with recommendations considered
 desirable for specific programs, including:
        (i) a complete statement of fund balances;
        (ii) a complete statement of revenues by fund and source;
        (iii) a complete statement of adjusted expenditures by fund, the status of bonded
 indebtedness, the cost of new school plants, and school levies;
        (iv) a complete statement of state funds allocated to each school district and charter
 school by source, including supplemental appropriations, and a complete statement of
 expenditures by each school district and charter school, including supplemental appropriations,
 by function and object as outlined in the United States Department of Education publication
 "Financial Accounting for Local and State School Systems";
        (v) a statement that includes data on:
        (A) fall enrollments;
        (B) average membership;
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       Enrolled Copy                                                                            S.B. 166
        (C) high school graduates;
        (D) licensed and classified employees, including data reported by school districts on
 educator ratings described in Section 53G-11-511;
        (E) pupil-teacher ratios;
        (F) average class sizes;
        (G) average salaries;
        (H) applicable private school data; and
        (I) data from statewide assessments described in Section 53E-4-301 for each school
 and school district;
        (vi) statistical information regarding incidents of delinquent activity in the schools or at
 school-related activities; and
        (vii) other statistical and financial information about the school system that the state
 superintendent considers pertinent.
        (2) (a) For the purposes of Subsection (1)(c)(v):
        (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
 students enrolled in a school by the number of full-time equivalent teachers assigned to the
 school, including regular classroom teachers, school-based specialists, and special education
 teachers;
        (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
 the schools within a school district;
        (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
 pupil-teacher ratio of charter schools in the state; and
        (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
 pupil-teacher ratio of public schools in the state.
        (b) The report shall:
        (i) include the pupil-teacher ratio for:
        (A) each school district;
        (B) the charter schools aggregated; and
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        S.B. 166                                                                      Enrolled Copy
        (C) the state's public schools aggregated; and
        (ii) identify a website where pupil-teacher ratios for each school in the state may be
 accessed.
        (3) For each operation, activity, program, or service provided by the state board, the
 annual report shall include:
        (a) a description of the operation, activity, program, or service;
        (b) data and metrics:
        (i) selected and used by the state board to measure progress, performance,
 effectiveness, and scope of the operation, activity, program, or service, including summary
 data; and
        (ii) that are consistent and comparable for each state operation, activity, program, or
 service;
        (c) budget data, including the amount and source of funding, expenses, and allocation
 of full-time employees for the operation, activity, program, or service;
        (d) historical data from previous years for comparison with data reported under
 Subsections (3)(b) and (c);
        (e) goals, challenges, and achievements related to the operation, activity, program, or
 service;
        (f) relevant federal and state statutory references and requirements;
        (g) contact information of officials knowledgeable and responsible for each operation,
 activity, program, or service; and
        (h) other information determined by the state board that:
        (i) may be needed, useful, or of historical significance; or
        (ii) promotes accountability and transparency for each operation, activity, program, or
 service with the public and elected officials.
        (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
        (i) the report described in Section 53E-3-507 by the state board on career and technical
 education needs and program access;
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        Enrolled Copy                                                                          S.B. 166
         (ii) through October 1, 2022, the report described in Section 53E-3-515 by the state
 board on the Hospitality and Tourism Management Career and Technical Education Pilot
 Program;
         (iii) beginning on July 1, [2020] 2023, the report described in Section 53E-3-516 by the
 state board on certain incidents that occur on school grounds;
         (iv) the report described in Section 53E-4-202 by the state board on the development
 and implementation of the core standards for Utah public schools;
         (v) the report described in Section 53E-5-310 by the state board on school turnaround
 and leadership development;
         (vi) the report described in Section 53E-10-308 by the state board and State Board of
 Regents on student participation in the concurrent enrollment program;
         (vii) the report described in Section 53F-2-503 by the state board on early literacy;
         (viii) the report described in Section 53F-5-506 by the state board on information
 related to competency-based education;
         (ix) the report described in Section 53G-9-802 by the state board on dropout prevention
 and recovery services; and
         (x) the report described in Section 53G-10-204 by the state board on methods used, and
 the results being achieved, to instruct and prepare students to become informed and responsible
 citizens.
         (b) The Education Interim Committee or the Public Education Appropriations
 Subcommittee may request a report described in Subsection (4)(a) to be reported separately
 from the State Superintendent's Annual Report.
         (5) The annual report shall be designed to provide clear, accurate, and accessible
 information to the public, the governor, and the Legislature.
         (6) The state board shall:
         (a) submit the annual report in accordance with Section 68-3-14; and
         (b) make the annual report, and previous annual reports, accessible to the public by
 placing a link to the reports on the state board's website.
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        S.B. 166                                                                        Enrolled Copy
        (7) (a) Upon request of the Education Interim Committee or Public Education
 Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
 Report to either committee.
        (b) After submitting the State Superintendent's Annual Report in accordance with this
 section, the state board may supplement the report at a later time with updated data,
 information, or other materials as necessary or upon request by the governor, the Education
 Interim Committee, or the Public Education Appropriations Subcommittee.
        Section 2. Section 53E-3-516 is amended to read:
        53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
 authority.
        (1) As used in this section:
        (a) "Disciplinary action" means an action by a public school meant to formally
 discipline a student of that public school that includes a suspension or expulsion.
        (b) "Law enforcement agency" means the same as that term is defined in Section
 77-7a-103.
        (c) "Minor" means the same as that term is defined in Section 53G-6-201.
        (d) "Other law enforcement activity" means a significant law enforcement interaction
 with a minor that does not result in an arrest, including:
        (i) a search and seizure by an SRO;
        (ii) issuance of a criminal citation;
        (iii) issuance of a ticket or summons;
        (iv) filing a delinquency petition; or
        (v) referral to a probation officer.
        (e) "School is in session" means the hours of a day during which a public school
 conducts instruction for which student attendance is counted toward calculating average daily
 membership.
        (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
 clinic, or other event or activity that is authorized by a specific public school, according to LEA
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        Enrolled Copy                                                                           S.B. 166
 governing board policy, and satisfies at least one of the following conditions:
        (A) the activity is managed or supervised by a school district, public school, or public
 school employee;
        (B) the activity uses the school district or public school facilities, equipment, or other
 school resources; or
        (C) the activity is supported or subsidized, more than inconsequentially, by public
 funds, including the public school's activity funds or Minimum School Program dollars.
        (ii) "School-sponsored activity" includes preparation for and involvement in a public
 performance, contest, athletic competition, demonstration, display, or club activity.
        (g) "Student resource officer" or "SRO" means the same as that term is defined in
 Section 53G-8-701.
        (2) Beginning on July 1, [2020] 2023, the state board[, in collaboration with school
 districts, charter schools, and law enforcement agencies,] shall develop an annual report
 regarding the following incidents that occur on school grounds while school is in session or
 during a school-sponsored activity:
        (a) arrests of a minor;
        (b) other law enforcement activities; and
        (c) disciplinary actions.
        (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
 the state board and LEAs to provide and validate data and information necessary to complete
 the report described in Subsection (2), as requested by an LEA or the state board.
        [(3)] (4) The report described in Subsection (2) shall include the following information
 [by school district and charter school] listed separately for each LEA:
        (a) the number of arrests of a minor, including the reason why the minor was arrested;
        (b) the number of other law enforcement activities, including the following information
 for each incident:
        (i) the reason for the other law enforcement activity; and
        (ii) the type of other law enforcement activity used;
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        S.B. 166                                                                       Enrolled Copy
        (c) the number of disciplinary actions imposed, including:
        (i) the reason for the disciplinary action; and
        (ii) the type of disciplinary action; and
        (d) the number of SROs employed.
        [(4)] (5) The report described in Subsection (2) shall include the following
 information, in aggregate, for each element described in Subsections [(3)] (4)(a) through (c):
        (a) age;
        (b) grade level;
        (c) race;
        (d) sex; and
        (e) disability status.
        [(5)] (6) Information included in the annual report described in Subsection (2) shall
 comply with:
        (a) Chapter 9, Part 3, Student Data Protection;
        (b) Chapter 9, Part 2, Student Privacy; and
        (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
        [(6)] (7) The state board shall make rules to compile the report described in Subsection
 (2).
        [(7)] (8) The state board shall provide the report described in Subsection (2) in
 accordance with Section 53E-1-203 for incidents that occurred during the previous school year.
        Section 3. Section 53E-9-305 is amended to read:
        53E-9-305. Collecting student data -- Prohibition -- Student data collection notice
 -- Written consent.
        (1) An education entity may not collect a student's:
        (a) social security number; or
        (b) except as required in Section 78A-6-112, criminal record.
        (2) [An] Except as provided in Subsection (3), an education entity that collects student
 data shall, in accordance with this section, prepare and distribute[, except as provided in
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        Enrolled Copy                                                                              S.B. 166
 Subsection (3),] to parents and students a student data collection notice statement that:
        (a) is a prominent, stand-alone document;
        (b) is annually updated and published on the education entity's website;
        (c) states the student data that the education entity collects;
        (d) states that the education entity will not collect the student data described in
 Subsection (1);
        (e) states the student data described in Section 53E-9-308 that the education entity may
 not share without written consent;
        (f) includes the following statement:
        "The collection, use, and sharing of student data has both benefits and risks. Parents
 and students should learn about these benefits and risks and make choices regarding student
 data accordingly.";
        (g) describes in general terms how the education entity stores and protects student data;
 and
        (h) states a student's rights under this part.
        (3) The state board may publicly post the state board's collection notice described in
 Subsection (2).
        (4) An education entity may collect the necessary student data of a student if the
 education entity provides a student data collection notice to:
        (a) the student, if the student is an adult student; or
        (b) the student's parent, if the student is not an adult student.
        (5) An education entity may collect optional student data if the education entity:
        (a) provides, to an individual described in Subsection (4), a student data collection
 notice that includes a description of:
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