Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since July 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R277. Education, Administration.

Rule R277-103. USOE Government Records and Management Act.

As in effect on July 1, 2014

Table of Contents

R277-103-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "GRAMA" means the Government Records and Management Act as enacted by the 1992 Utah Legislature, Sections 63G-2-201 through 6G-2-310.

C. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

D. "Superintendent" means the State Superintendent of Public Instruction.

E. "USOE" means the Utah State Office of Education.

R277-103-2. Authority and Purpose.

A. This rule is authorized by Section 63G-2-204 which allows a governmental entity to make rules regarding the entity's records and by Section 53A-1-401(3) which authorizes the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide procedures for appropriate public access to government records.

R277-103-3. Allocation of Responsibilities Within the USOE.

Both the USOE and the Board shall be considered a single governmental entity for the purposes of this rule and the Superintendent shall be considered the head of the entity.

R277-103-4. Requests for Access.

A. Requests for access to USOE government records should be written and directed to the USOE Records Officer, 250 East 500 South, P.O Box 144200, Salt Lake City, Utah 84111-4200.

B. Response to a request submitted to persons other than the designee or not made in writing may be delayed.

C. Appeals to access determinations shall be directed to the Deputy Superintendent of Public Instruction according to time limits and provisions of Section 63G-2-401.

R277-103-5. Fees.

A. A fee schedule for the direct and indirect costs of duplicating or compiling a record may be obtained from the USOE by contacting the designated Records Officer located at 250 East 500 South, Salt Lake City, Utah 84111.

B. Payment of past fees or future estimated fees expected to exceed $50.00 or both may be required before the USOE Records Officer begins to process a request.

C. There shall be no charge made by the Board or the USOE for:

(1) inspection of records;

(2) a reasonable request that requires the segregation of records; or

(3) an inspection of the requested records to determine the requester's right to access.

D. Waiver of Fees

(1) Fees for duplication and compilation of a record may be waived under the circumstances described in Section 63G-2-203(4) or other circumstances as determined by the USOE on a case by case basis, including cumulative costs of less than $2.00, for use by LEAs or other entities under the general control of the Board, or an affidavit from the requester claiming impecuniosity.

(2) Requests for waivers shall be made to the designated USOE Records Officer.

R277-103-6. The USOE as Custodian of District Records.

A. When the USOE acts as the custodian of LEA records and does not regularly use or access that LEA's data or information, the USOE may refer requests for that information to the LEA.

B. If the USOE acts as a custodian of records, information or data for LEAs, the USOE shall request from those LEAs the following:

(1) Designation of what data may be provided to whom upon request;

(2) Notice of classification(s) if the data are classified; and

(3) The name and title of an LEA records officer or contact person to whom the USOE shall direct requests for access to the information or records.

R277-103-7. Other Requests.

A. For Research Purposes

(1) Access to private or controlled records for research purposes is allowed by Section 63G-2- 202(8).

(2) Such requests shall be made to the designated Records Officer.

B. To Amend a Record

(1) An individual may contest the accuracy or completeness of a document pertaining to him owned by the USOE pursuant to Section 63G-2-603.

(2) The request to amend shall be made in writing to the designated Records Officer.

(3) Appeals of requests to amend a record shall be handled as informal hearings under the Utah Administrative Procedures Act, Section 63G-4.

KEY

student government records

Date of Enactment or Last Substantive Amendment

September 21, 2012

Notice of Continuation

August 1, 2012

Authorizing, Implemented, or Interpreted Law

63G-2-101 through 310; 63G-2-204; 63G-4; 53A-1-401(3)


Additional Information

Contact

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.