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2025 Utah Code
Title 53E - Public Education System -- State Administration
Chapter 9 - Student Privacy and Data Protection
Part 2 - Student Privacy
Section 204 - Access to education records -- Training requirement -- Certification.
Universal Citation:
UT Code § 53E-9-204 (2025)
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Effective 5/14/2019
53E-9-204. Access to education records -- Training requirement -- Certification.
Amended by Chapter 186, 2019 General Session
53E-9-204. Access to education records -- Training requirement -- Certification.
- (1) As used in this section, "education record" means the same as that term is defined in the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
- (2) A local school board or charter school governing board shall require each public school to:
- (a) create and maintain a list that includes the name and position of each school employee who the public school authorizes, in accordance with Subsection (4), to have access to an education record; and
- (b) provide the list described in Subsection (2)(a) to the school's local school board or charter school governing board.
- (3) A local school board or charter school governing board shall:
- (a) provide training on student privacy laws; and
- (b) require a school employee on the list described in Subsection (2) to:
- (i) complete the training described in Subsection (3)(a); and
- (ii) provide to the local school board or charter school governing board a certified statement, signed by the school employee, that certifies that the school employee completed the training described in Subsection (3)(a) and that the school employee understands student privacy requirements.
- (4)
- (a) Except as provided in Subsection (4)(b), a local school board, charter school governing board, public school, or school employee may only share an education record with a school employee if:
- (i) that school employee's name is on the list described in Subsection (2); and
- (ii) federal and state privacy laws authorize the education record to be shared with that school employee.
- (b) A local school board, charter school governing board, public school, or school employee may share an education record with a school employee if the board, school, or employee obtains written consent from:
- (i) the parent of the student to whom the education record relates, if the student is younger than 18 years old; or
- (ii) the student to whom the education record relates, if the student is 18 years old or older.
- (a) Except as provided in Subsection (4)(b), a local school board, charter school governing board, public school, or school employee may only share an education record with a school employee if:
Amended by Chapter 186, 2019 General Session
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