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17
53E-9-401
53E-9-402
53E-9-403
53E-9-404
53H-14-601
53H-14-602
53H-14-603
53E-9-401
53E-9-402
53E-9-403
53E-9-404
53H-14-601
53H-14-602
53H-14-603
5
Public and Higher Education Collaboration
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Val L. Peterson
LONG TITLE
General Description:
This bill establishes a process for sharing grades
7 through
12
student data between public
education and higher education.
Highlighted Provisions:
This bill:
establishes a data sharing process between state and higher education boards for grades 7
through 12 student data;
authorizes disclosure to support college readiness programs and higher education access;
requires compliance with federal privacy laws and state student data protections;
mandates parent notification of opt-out rights for data sharing;
requires training of higher education employees who will have data access;
delegates rulemaking authority to the
Utah
Board of Higher Education; and
makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53E-9-401
, Utah Code Annotated 1953
53E-9-402
, Utah Code Annotated 1953
53E-9-403
, Utah Code Annotated 1953
53E-9-404
, Utah Code Annotated 1953
53H-14-601
, Utah Code Annotated 1953
53H-14-602
, Utah Code Annotated 1953
53H-14-603
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-9-401
is enacted to read:
4. Data Sharing with Higher Education
53E-9-401
. Definitions.
As used in this part:
(1)
"Education entity" means the same as that term is defined in Section
53E-9-301
.
(2)
"Institution of higher education" means the same as that term is defined in Section
53H-1-101
.
(3)
(a)
"Student data" means the same as that term is defined in Section
53E-9-301
.
(b)
"Student data" does not include information or records related to student behavior
incidents or student discipline.
Section 2. Section
53E-9-402
is enacted to read:
53E-9-402
. Grades 7 through 12 student data sharing with higher education --
Purposes.
(1)
The state board and the Utah Board of Higher Education shall establish and implement a
process for disclosing grades 7 through 12 student data, including student data from the
state board and education entities, to the Utah Board of Higher Education and the Office
of the Commissioner of Higher Education to support:
(a)
secondary student access to college and career readiness programs provided in the
Utah System of Higher Education, including:
(i)
technical college programs;
(ii)
early college programs;
(iii)
concurrent enrollment; or
(iv)
First credential as defined in Section
53E-10-310
;
(b)
student access to higher education including:
(i)
scholarships;
(ii)
financial aid;
(iii)
admission; or
(iv)
enrollment to Utah System of Higher Education institutions;
(c)
audit and evaluation practices; and
(d)
local, state, or federal reporting requirements.
(2)
An LEA shall provide the student data necessary to implement the process described in
Subsection
(1)
.
(3)
The state board shall fully implement the process described in this section no later than
August 1, 2027.
Section 3. Section
53E-9-403
is enacted to read:
53E-9-403
. Student data disclosure requirements -- Federal and state
compliance.
(1)
The state board and the Utah Board of Higher Education shall ensure, student data is
private and shall be disclosed
in accordance with
the provisions of:
(a)
U.S.C., Title 20, Sections 1232g(b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7);
(b)
Code of Federal Regulations, Title 34, Sections 99.31, 99.32, 99.33, 99.34, 99.35,
99.37, and 99.39;
(c)
IDEA, United States Code, Title 20, Section 1400;
(d)
Code of Federal Regulations, Title 34, Part 300; and
(e)
Title 53E, Chapter 9, Part 3, Student Data Protection.
(2)
This section does not prohibit disclosures allowed under other relevant laws.
Section 4. Section
53E-9-404
is enacted to read:
53E-9-404
. Parent notification and opt-out rights.
An LEA shall notify parents of:
(1)
the data that will be collected under Subsection
53E-9-402(1)
;
(2)
how the data collected under Subsection
53E-9-402(1)
will be used; and
(3)
the right to opt out of the LEA's disclosure of student data under Subsection
53E-9-402(1)(a)
and
(b)
.
Section 5. Section
53H-14-601
is enacted to read:
6. K-12 Student Data Sharing
53H-14-601
. General provisions -- Definitions.
As used in this part, "education entity" means the same as that term is defined in Section
53E-9-301
.
Section 6. Section
53H-14-602
is enacted to read:
53H-14-602
. Training requirements for higher education personnel.
(1)
The board shall ensure that higher education employees, student aides, and volunteers
who have access to student data received under Title 53E, Chapter 9, Part 4, Data
Sharing with Higher Education, shall receive training at least once every two years.
(2)
The board shall consult with the State Board of Education to ensure the training
required under this section covers:
(a)
federal and state student data privacy laws;
(b)
proper handling and protection of student data;
(c)
data breach prevention and response procedures; and
(d)
authorized uses and disclosure limitations for student data received under this part.
Section 7. Section
53H-14-603
is enacted to read:
53H-14-603
. Authorization for K-12 student data sharing -- Rulemaking.
(1)
The board may receive and use student data from grades 7 through 12 as provided in
Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, to support the
purposes described in Section
53E-9-402
.
(2)
The board, in collaboration with the State Board of Education, shall make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in
compliance with state and federal laws for sharing student data between the board, the
State Board of Education, and education entities under Title 53E, Chapter 9, Part 4, Data
Sharing with Higher Education.
(3)
Institution of higher education employees, student aides, and volunteers who have
access to student data received under this section shall receive the training described in
Section
53H-14-602
.
Section 8.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 5:08 PM