DAR File No. 30448

Education, Administration

R277-484-9

Disclosure of Data For Research

NOTICE OF PROPOSED RULE

DAR File No.: 30448
Filed: 09/14/2007, 12:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide a new section on disclosure of data for research consistent with an updated version of the Utah State Office of Education Information Technology Security Plan.

Summary of the rule or change:

The amended rule provides a new section on disclosure of data for research.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Additional staff which may be required by the rule would be minimal. The amendment provides clearer standards for providing data for research projects.

local governments:

There are no anticipated costs or savings to local government. The amendment applies only to Utah State Office of Education processes and staff and does not affect school districts/schools.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. The amendment applies only to Utah State Office of Education processes and staff and does not affect school districts/schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment applies only to Utah State Office of Education processes and staff and does not affect school districts/schools.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

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

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

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2007

This rule may become effective on:

11/07/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-484. Data Standards.

R277-484-9. Disclosure of Data For Research.

A. The USOE may disclose confidential, personally identifiable information of students to organizations for research and analysis purposes to improve instruction in public schools. Any such disclosure shall be made only if the following requirements are met:

(1) the disclosure is in accordance with the federal Family Educational Rights and Privacy Act (FERPA), 34 CFR 99-31(a)(6; and

(2) the research being done has been commissioned by the Board. In some cases, as approved by the Board, personally identifiable data may be provide to the researcher/contractor but only in a secure manner.

B. Those not commissioned but desiring data shall use the publicly available data on the USOE websites or request the research data set provided by the USOE Computer Services Section. This standard, deidentified data set shall be developed each year and available upon request.

C. The recipient organization shall sign the USOE Confidentiality Agreement.

 

KEY: data standards, reports, deadlines

Date of Enactment or Last Substantive Amendment: [August 7,] 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-301(2)(e)