Pub. 7 2017-2018 Issue 1

14 I t is no longer “business as usual.” In addition to the Family Educational Rights and Privacy Act (FERPA) , Utah state legislation has made student data privacy a priority for all levels of education in Utah. Utah Family Educational Rights and Privacy Act (1994) is a well-known statute amongst school counselors; however, this statute applies to all school employees. The Act states that schools may not administer any assessment, treatment, survey, or analysis on a student where the purpose is to reveal any of the following information about the student or any of the student's family members: • Political affiliation • Mental or psychological problems • Sexual behavior, orientation, or attitudes • Illegal, anti-social, self-incrim- inating, or demeaning behavior • Critical appraisals of individu- als with whom the student or family member has close family relationships • Religious affiliation or beliefs • Legally recognized privileged and analogous relationships (such as with lawyers, medical personnel, ministers, etc.) • Income This statute describes the steps schools or teachers need to take to administer, for example, a student survey on any of the above topics. Students, parents, or guardians need to provide written paren- tal consent and have access to the actual survey being administered, including Privacy BY WHITNEY PHILLIPS, PH.D., CHIEF PRIVACY OFFICER, STATE BOARD OF EDUCATION