H.B. 249
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen 6
6 01-19-23 3:53 PM 6
H.B. 249
1 EDUCATION RELATED INFORMATION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen M. Peterson
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses access and management of information related to parents and
10students in the education arena.
11Highlighted Provisions:
12 This bill:
13 <addresses a parent's access to and submission of education records;
14 <grants rulemaking authority;
15 <directs the state board to create record tracking interoperability for education
16records in the information management system under certain circumstances;
17 <requires the state board to create an online parent portal that provides information
18outlined in statute, including school comparison information;
19 <requires notification of the parent portal; and
20 <makes technical changes.
21Money Appropriated in this Bill:
22 None
23Other Special Clauses:
24 None
25Utah Code Sections Affected:
26AMENDS:
27 53E-3-518, as last amended by Laws of Utah 2022, Chapter 266
*HB0249* H.B. 249 01-19-23 3:53 PM
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28 53G-6-805, as enacted by Laws of Utah 2022, Chapter 343
29ENACTS:
30 53G-6-806, Utah Code Annotated 1953
31
32Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53E-3-518 is amended to read:
34 53E-3-518. Utah school information management system -- Local education
35agency requirements.
36 (1) As used in this section:
37 (a) "LEA data system" or "LEA's data system" means a data system that:
38 (i) is developed, selected, or relied upon by an LEA; and
39 (ii) the LEA uses to collect data or submit data to the state board related to:
40 (A) student information;
41 (B) educator information;
42 (C) financial information; or
43 (D) other information requested by the state board.
44 (b) "LEA financial information system" or "LEA's financial information system" means
45an LEA data system used for financial information.
46 (c) "Parent" means the same as that term is defined in Section 53G-6-201.
47 [(c)] (d) "Utah school information management system" or "information management
48system" means the state board's data collection and reporting system described in this section.
49 [(d)] (e) "User" means an individual who has authorized access to the information
50management system.
51 (2) On or before July 1, 2024, the state board shall have in place an information
52management system that meets the requirements described in this section.
53 (3) The state board shall ensure that the information management system:
54 (a) interfaces with an LEA's data systems that meet the requirements described in
55Subsection (6);
56 (b) serves as the mechanism for the state board to collect and report on all data that
57LEAs submit to the state board related to:
58 (i) student information; 01-19-23 3:53 PM H.B. 249
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59 (ii) educator information;
60 (iii) financial information; and
61 (iv) other information requested by the state board;
62 (c) includes a web-based user interface through which a user may:
63 (i) enter data;
64 (ii) view data; and
65 (iii) generate customizable reports;
66 (d) includes a data warehouse and other hardware or software necessary to store or
67process data submitted by an LEA;
68 (e) provides for data privacy, including by complying with Title 53E, Chapter 9,
69Student Privacy and Data Protection;
70 (f) restricts user access based on each user's role; and
71 (g) meets requirements related to a student achievement backpack described in Section
7253E-3-511.
73 (4) The state board shall establish the restrictions on user access described in
74Subsection (3)(f).
75 (5) (a) The state board shall make rules that establish the required capabilities for an
76LEA financial information system.
77 (b) In establishing the required capabilities for an LEA financial information system,
78the state board shall consider metrics and capabilities requested by the state treasurer or state
79auditor.
80 (6) (a) On or before July 1, 2024, an LEA shall ensure that:
81 (i) all of the LEA's data systems:
82 (A) meet the data standards established by the state board in accordance with Section
8353E-3-501;
84 (B) are fully compatible with the state board's information management system; and
85 (C) meet specification standards determined by the state board; and
86 (ii) the LEA's financial information system meets the requirements described in
87Subsection (5).
88 (b) An LEA shall ensure that an LEA data system purchased or developed on or after
89May 14, 2019, will be compatible with the information management system when the H.B. 249 01-19-23 3:53 PM
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90information management system is fully operational.
91 (7) (a) Subject to appropriations and Subsection (7)(b), the state board may use an
92appropriation under this section to help an LEA meet the requirements in the rules described in
93Subsection (5) by:
94 (i) providing to the LEA funding for implementation and sustainment of the LEA
95financial information system, either through:
96 (A) awarding a grant to the LEA; or
97 (B) providing a reimbursement to the LEA; or
98 (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
99financial information system on behalf of an LEA for the LEA to use as the LEA's financial
100information system.
101 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
102state board shall make rules describing:
103 (i) how an LEA may apply to the state board for the assistance described in Subsection
104(7)(a); and
105 (ii) criteria for the state board to provide the assistance to an LEA.
106 (8) (a) Beginning July 1, 2024, the state board may take action against an LEA that is
107out of compliance with a requirement described in Subsection (6) until the LEA complies with
108the requirement.
109 (b) An action described in Subsection (8)(a) may include the state board withholding
110funds from the LEA.
111 (9) (a) For purposes of this Subsection (9), "education record" means the same as that
112term is defined in 20 U.S.C. Sec. 1232g.
113 (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
114Administrative Rulemaking Act, establish a procedure under which:
115 (i) a parent may submit information as part of the education records for the parent's
116student;
117 (ii) the information submitted by the parent is maintained as part of the education
118records for the parent's student;
119 (iii) information submitted by the parent and maintained as part of the education
120records for the parent's student may be removed at the request of the parent; and 01-19-23 3:53 PM H.B. 249
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121 (iv) a parent has access only to the education records of the parent's student in
122accordance with Subsection (9)(d).
123 (c) The rules made under this Subsection (9) shall allow a parent to submit or remove
124information submitted by the parent under this Subsection (9) at least annually, including at the
125time of:
126 (i) registering a student in a school; or
127 (ii) changing the school in which a student attends.
128 (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1291232g, and related regulations, the state board shall provide a parent access to an education
130record concerning the parent's student.
131 (e) The state board shall create in the information management system a record
132tracking interoperability of education records described in this Subsection (9) when a student is
133transitioning between schools or between LEAs.
134 Section 2. Section 53G-6-805 is amended to read:
135 53G-6-805. Parental right to school comparison.
136 (1) Parents have the right to compare public school performance in a given area.
137 (2) The state board shall provide an online tool that allows parents to:
138 (a) search for public schools within a given radius of a specific location or within the
139boundaries of a public school district; and
140 (b) view a side-by-side comparison of data related to the public schools in the area
141described in Subsection (2)(a), including the indicators required in Subsection 53E-5-211(1).
142 (3) The state board shall include the online tool created under this section in the parent
143portal required under Section 53G-6-806.
144 Section 3. Section 53G-6-806 is enacted to read:
145 53G-6-806. Parent portal.
146 (1) As used in this section:
147 (a) "Parent portal" means the online tool the state board is required to create under this
148section.
149 (b) "School" means a public elementary or secondary school, including a charter
150school.
151 (2) (a) The state board shall create an online tool that allows a parent of a student H.B. 249 01-19-23 3:53 PM
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152enrolled in a school to:
153 (i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
154 (ii) be informed of resources and steps to follow when a student has been the subject,
155perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or abusive conduct
156such as:
157 (A) resources for the student, including short-term mental health services;
158 (B) options for the student to make changes to the student's educational environment;
159 (C) options for alternative school enrollment;
160 (D) options for differentiated start or stop times;
161 (E) options for differentiated exit and entrance locations; and
162 (F) the designated employee for an LEA who addresses incidents of bullying,
163cyber-bullying, hazing, retaliation, and abusive conduct;
164 (iii) be informed of the steps and resources for filing a grievance with a school or LEA
165regarding bullying, cyber-bullying, hazing, or retaliation;
166 (iv) be informed of the steps and resources for seeking accommodations under the
167Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq;
168 (v) be informed of the steps and resources for seeking accommodations under state or
169federal law regarding religious accommodations;
170 (vi) be informed of the steps and resources for filing a grievance for an alleged
171violation of state or federal law, including:
172 (A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
173 (B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
174 (C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
175 (D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
17612131-12165;
177 (vii) receive information about constitutional rights and freedoms afforded to families
178in public education; and
179 (viii) be informed of how to access an internal audit hotline if established by the state
180board.
181 (b) In addition to the information required under Subsection (2)(a), the state board:
182 (i) shall include in the parent portal the comparison tool created under Section 01-19-23 3:53 PM H.B. 249
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18353G-6-805; and
184 (ii) may include in the parent portal other information that the state board determines is
185helpful to parents.
186 (3) The state board shall locate the parent portal at a website location that is easily
187located from the home page of the state board's website.
188 (4) An LEA shall annually notify each of the following of how to access the parent
189portal:
190 (a) a parent of a student; and
191 (b) a teacher, principal, or other professional staff within the LEA.