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)