Data Governance Plan

This policy is designed to ensure only authorized disclosure of confidential and personally identifiable information. It applies to all employees, volunteers, board members, and contractors of Utah International Charter School. It will be updated regularly to conform with best practices for protection of data.

Student Data Manager

The board of trustees of Utah International appoints a student data manager, typically the principal, with the following responsibilities:

Authorize and manage the sharing of personally identifiable student or staff information outside of the school.
Act as the primary local point of contact for the state student data officer.
May share personally identifiable student information as follows:
- with the student and the minor student’s parent or legal guardian.
- when required by federal or state law.
- in an aggregate form with appropriate data redaction techniques
- for a school official at a school where the student has transferred or is planning to transfer
- with an authorized caseworker or other representative of the Department of Human Services or Juvenile Court.
- in response to a subpeona issued by a court
- directory information
Create and maintain a list of all UI staff, volunteers and contractors who have access to personally identifiable student data.
Ensure and document annual training on data privacy to all employees and volunteers.
Maintain the meta-data dictionary for Utah International, which lists the contractors with whom Utah International shares student or staff data necessary for an education purpose.

Training and Assurances

All UI employees, board members, and volunteers with access or potential access to confidential or personally identifiable student or staff information must read, sign and adhere to the non-disclosure agreement and participate in annual data privacy training .

Notification of FERPA Rights

The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of age or older (“eligible students”) certain rights with respect to the student’s education records.

These rights are:

1. The right to inspect and review the student’s education records within 45 days after the day Utah International Charter School receives a request for access. Parents or eligible students who wish to inspect their child’s or their education records should submit to the school principal [or appropriate school official] a written request that identifies the records they wish to inspect. The school official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

2. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask Utah International Charter School to amend their child’s or their education record should contact the school in writing, clearly identify the part of the record they want changed, and specify why it should be changed. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.

3. The right to provide written consent before the school discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. The criteria for determining who constitutes a school official and what constitutes a legitimate educational interest must be set forth in the school’s or school district’s annual notification for FERPA rights. A school official typically includes a person employed by the school or school district as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer, contractor, or consultant who, while not employed by the school, performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a parent or student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a parent, student, or other volunteer assisting another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll, or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Utah International Charter School to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue,
SW Washington, DC 20202

Record Retention and Expungement

Utah International will retain and dispose of student records in accordance with Section 63G-2-604, 53A-1-1407, and shall comply with active retention schedules for student records per Utah Division of Archive and Record Services.

The following records may not be expunged: grades, transcripts, a record of the student’s enrollment, assessment information.

The procedure for expungement shall match the record amendment procedure found in 34 CFR 99, Subpart C of FERPA.

If a parent believes that a record is misleading, inaccurate, or in violation of the student’s privacy, they may request that the record be expunged.
UI shall decide whether to expunge the data within a reasonable time after the request.
If UI decides not to expunge the record, they will inform the parent of their decision as well as the right to an appeal hearing.
UI shall hold the hearing within a reasonable time after receiving the request for a hearing.
UI shall provide the parent notice of the date, time, and place in advance of the hearing.
The hearing shall be conducted by any individual that does not have a direct interest in the outcome of the hearing.
UI shall give the parent a full and fair opportunity to present relevant evidence. At the parents’ expense and choice, they may be represented by an individual of their choice, including an attorney.
UI shall make its decision in writing within a reasonable time following the hearing.
The decision must be based exclusively on evidence presented at the hearing and include a summary of the evidence and reasons for the decision.
If the decision is to expunge the record, UI will seal it or make it otherwise unavailable to other staff and educators.

Data Breach

Utah International will follow industry best practices and our own technology security policy to protect information and data, and will promptly notify adult students and the parents of minor students in the event of a breach.

Notice of Directory Information

The Notice of Directory Information sets out Utah International Charter School’s procedure for compliance with FERPA rules about directory information. In general, FERPA requires that Utah International, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records. However, Utah International may disclose appropriately designated “directory information” without written consent, unless you have advised to the contrary in accordance with the school’s procedures.

The primary purpose of directory information is to allow Utah International to include information from your child’s education records in certain school publications.
Examples include:
• A playbill, showing your student’s role in a drama production;
• The annual yearbook;
• Honor roll or other recognition lists;
• Graduation programs; and
• Sports activity sheets, such as for wrestling, showing weight and height of team members.

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. In addition, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965, as amended (ESEA) to provide military recruiters or institutions of higher education upon request, with the following information – names, addresses and telephone listings – unless parents have advised the LEA that they do not want their student’s information disclosed without their prior written consent. [Note: These laws are Section 9528 of the ESEA (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).]

Utah International Charter School’s procedure for compliance with FERPA

If you do not want Utah International to disclose any or all of the types of information designated below as “directory information” from your child’s education records without your prior written consent, you must notify Utah International in writing. All parents will have the opportunity at registration to indicate their choices for potential non-disclosure of any and all components of directory information. Additionally, parents have the right to opt out of disclosure of any “directory information” at any time in a letter to the School Operations Coordinator. Utah International will then have 10 business days to comply with that request.

Utah International has designated the following information as directory information:
[Note: Utah International may, but does not have to, include all the information listed below.]
• Student’s first and last name
• Photograph
• Grade level
• Academic or other honors and awards received