DAR File No. 44055

This notice was published in the October 1, 2019, issue (Vol. 2019, No. 19) of the Utah State Bulletin.


Education, Administration

Rule R277-487

Public School Data Confidentiality and Disclosure

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 44055
Filed: 09/09/2019 12:47:17 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Utah State Board of Education (Board); Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; Subsection 53E-9-302(1), which directs that the Board may make rules to establish student data protection standards for public education employees, student aides, and volunteers; and Subsection 53G-11-511(4), which directs that the Board may make rules to ensure the privacy and protection of individual evaluation data.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments were received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule continues to be necessary because it provides for appropriate review and disclosure of student performance data on state administered assessments as required by law; provides for adequate and appropriate review of student performance data on state administered assessments to professional education staff and parents of students; ensures the privacy of student performance data and personally identifiable student data, as directed by law; provides an online education survey conducted with public funds for Board review and approval; and provides for appropriate protection and maintenance of educator licensing data. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

Effective:

09/09/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy


Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20191001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.