FEA – Education and Family Privacy

FEA

Education and Family Privacy

Prohibited Disclosure or Psychological Testing—

Except as permitted below for crisis intervention, the School District prohibits the

administration of any psychological or psychiatric examination, test, treatment,

survey, analysis or evaluation or the obtaining or disclosing of defined information in

curriculum or other school activities unless the student’s parent has been given prior

written notice and the School District has obtained consent as defined in this policy if

such disclosure would tend to reveal information concerning the student’s or a family

member’s:

1. political affiliation or philosophies (except as provided in Policy ECF);

2. mental or psychological problems;

3. sexual behavior, orientation or attitudes;

4. illegal, anti-social, self-incriminating or demeaning behavior;

5. critical appraisals of individuals with whom the student or family member has

close family relationships’

6. religious affiliation or beliefs;

7. legally recognized privileged and analogous relationships, such as those with

attorneys, medical professionals or religious clerics; and

8. income, except as otherwise required by law.

Utah Code § 53E-9-203(1) (2019)

At least two weeks before the identified information is obtained or disclosed,

the parent of the affected student shall be given written notice of intent to obtain or

disclose requested information, unless the matter has been reported to the Division

of Family Services and the Division has asked that the information not be disclosed

to the parent.

Utah Code § 53E-9-203 (2019)

The notice to the parent shall state the availability of written information

concerning:

1. the nature of records or information about relationships that have been

requested for examination;

2. the means by which the records or information shall be examined;

3. a copy of any questions to be asked of the student in obtaining the desired

survey information to be made available to the school;

4. the means by which the information shall be obtained;

5. the identity of the person(s) or entity requesting release of the information;

6. the purposes for which the records are needed;

7. a method by which the parent of a student can grant permission to access or

examine the personally identifiable information.

The written notice shall also include an Internet address where a parent can view

the exact survey or examination to be administered to the student. If express written

consent from the parent has not been obtained authorizing the collection or release

of information and documents defined above, such documents and information shall

not be obtained or disclosed.

Utah Code § 53E-9-203(2), (4) (2019)

Term of Consent—

Unless specifically stated otherwise in the authorization, the authorization is

valid only for the activity for which it was granted. However, the school district is

authorized to request parental authorization that shall be valid until the

commencement of the subsequent school year or until the student withdraws from

the program in which such testing, evaluation or survey is conducted.

Utah Code § 53E-9-203(5)(c) (2019)

Permitted Crisis Intervention—

Notwithstanding the prohibitions stated above, if a school employee, agent, or

resource officer believes a student is at risk of (a) attempting suicide, (b) physical

self-harm, or (c) harming others, then the employee, agent, or officer may question

the student about the suicidal thoughts, self-harming behavior, or thoughts of

harming others in order to refer the student to appropriate prevention services and to

inform the student’s parent. However, the questioning shall be limited to that which is

necessary for referral to prevention services or to make the parent aware of the

perceived risk.

Utah Code § 53E-9-203(7) (2019)