As in effect on May 1, 2008
A. "USOE" means the Utah State Office of Education.
B. "GRAMA" means the Government Records and Management Act as enacted by the 1992 Utah Legislature, Sections 63-2-101 through 63-2-909.
C. "Board" means the Utah State Board of Education.
D. "Superintendent" means the State Superintendent of Public Instruction.
A. This rule is authorized by Section 63-2-204 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 access to government records.
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.
A. Requests for access to USOE government records should be written and directed to the USOE Records Officer, 250 East 500 South, Salt Lake City, Utah 84111.
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 63-2-401.
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 locate 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 63-2-203(3) or other circumstances as determined by the USOE on a case by case basis, including accumulative costs of less than $2.00, for use by school districts or other entities controlled by the Board, or any affidavit from the requester claiming impecuniosity.
(2) Requests for waivers shall be made to the designated USOE Records Officer.
A. When the USOE acts as the custodian of local school district records and does not regularly use or access that school district's data or information, the USOE may refer requests for that information to the local school district.
B. If the USOE acts as a custodian of records, information or data for local school districts, the USOE shall request from those districts 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 a school district records officer or contact person to whom the USOE shall direct requests for access to the information or records.
A. For Research Purposes
(1) Access to private or controlled records for research purposes is allowed by Section 63-2- 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 63-2-603.
(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 63-46b.
student records, public schools
1992
September 6, 2007
63-2-101 through 909; 63-2-204; 63-46b; 53A-1-401(3)
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