2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 9 - Student Privacy and Data Protection › Part 3 - Student Data Protection › Section 302 - State student data protection governance.

Effective 7/1/2023
53E-9-302.
State student data protection governance.
(1)
(a) An education entity or a third-party contractor who collects, uses, stores, shares, or deletes student data shall protect student data as described in this part.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to administer this part, including student data protection standards for public education employees, student aides, and volunteers.
(2) The state board shall oversee the preparation and maintenance of:
(a) a statewide data governance plan; and
(b) a state-level metadata dictionary.
(3) As described in this Subsection (3), the state board shall establish advisory groups to oversee student data protection in the state and make recommendations to the state board regarding student data protection including:
(a) a student data policy advisory group:
(i) that is composed of members from:
(A) the Legislature;
(B) the state board and state board employees; and
(C) one or more LEAs;
(ii) to discuss and make recommendations to the state board regarding:
(A) enacted or proposed legislation; and
(B) state and local student data protection policies across the state;
(iii) that reviews and monitors the state student data governance plan; and
(iv) that performs other tasks related to student data protection as designated by the state board.
(b) a student data governance advisory group:
(i) that is composed of the state student data officer and other state board employees; and
(ii) that performs duties related to state and local student data protection, including:
(A) overseeing data collection and usage by state board program offices; and
(B) preparing and maintaining the state board's student data governance plan under the direction of the student data policy advisory group.
(c) a student data users advisory group:
(i) that is composed of members who use student data at the local level; and
(ii) that provides feedback and suggestions on the practicality of actions proposed by the student data policy advisory group and the student data governance advisory group.
(4)
(a) The state board shall designate a state student data officer.
(b) The state student data officer shall:
(i) act as the primary point of contact for state student data protection administration in assisting the state board to administer this part;
(ii) ensure compliance with student privacy laws throughout the public education system, including:
(A) providing training and support to applicable state board and LEA employees; and
(B) producing resource materials, model plans, and model forms for local student data protection governance, including a model student data collection notice;
(iii) investigate complaints of alleged violations of this part;
(iv) report violations of this part to:
(A) the state board;
(B) an applicable education entity; and
(C) the student data policy advisory group; and
(v) act as a state level student data manager.
(5) The state board shall designate:
(a) at least one support manager to assist the state student data officer; and
(b) a student data protection auditor to assist the state student data officer.
(6) The state board shall establish a research review process for a request for data for the purpose of research or evaluation.
Amended by Chapter 381, 2023 General Session