1. (1) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules regarding using and expunging student data, including:

   1. (a) a categorization of disciplinary records that includes the following levels of maintenance:

      1. (i) one year;
      2. (ii) three years; and
      3. (iii) in accordance with Subsection (3), as determined by the education entity;

   2. (b) the types of student data that may be expunged, including:

      1. (i) medical records; and
      2. (ii) behavioral test assessments;

   3. (c) the types of student data that may not be expunged, including:

      1. (i) grades;
      2. (ii) transcripts;
      3. (iii) a record of the student's enrollment; and
      4. (iv) assessment information; and
   4. (d) the timeline and process for a prior student or parent of a prior student to request that an education entity expunge all of the prior student's student data.
2. (2) In accordance with state board rule, an education entity may create and maintain a disciplinary record for a student.

3. (3)

   1. (a) As recognized in Section 53E-9-304, and to ensure maximum student data privacy, an education entity shall, in accordance with state board rule, expunge a student's student data that is stored by the education entity.
   2. (b) An education entity shall retain and dispose of records in accordance with Section 63G-2-604 and state board rule.

Amended by Chapter 408, 2020 General Session