- Weber School District is dedicated to protecting the privacy and rights of individuals in accordance with federal, state, and local laws. Certain student data are required, and that data must be strictly maintained to provide the most secure methods of storage. The purpose of the Student Data Protection Policy is to explicitly outline how all student data are collected, managed, maintained, and then expulsed. It will demonstrate to students and their parent or guardian that all data collected by Weber School District is done so in accordance with all federal, state, and local laws. Students and their parents or guardians should expect that their personally identifiable data is safe, properly cared for, and used only for appropriate purposes
- This policy applies to all staff and students of Weber School District. Any breach of the Student Data Protection Act, the WSD Student Data Protection Policy, or the Data Governance Plan is considered to be an offence and in that event, Weber School District disciplinary procedures will apply. As a matter of good practice, other agencies and individuals working with the district, and who have access to personal information, will be expected to have read and comply with this policy. It is expected that departments who deal with external agencies will take responsibility for working with the Student Data Compliance Officer to ensure that such agencies sign a contract agree to abide by this policy
- The scope of this Student Data Protection Policy encompasses laws within the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), the Children’s Online Privacy Protection Act (COPPA) (15 U.S.C. §§ 6501–6506), Utah House Bill 358 (2017), and Utah Senate Bill 102 (2017)
- The Student Data Protection Policy applies to electronic and paper records within Weber School District. It also applies to personal data held visually in photographs, video clips, and sound data. Weber School District collects a large amount of student’s personal data every year, including but not limited to staff records, names and addresses, examination marks, fees, and research data
- The Student Data Protection Policy should be used by all Weber School District employees, both full and part time. It also applies to any agency, subsidiary, join venture, suppliers, and vendors who receive personal data from Weber School District, have access to student data, or who provide information to Weber School District
Weber School District is committed to a policy of protecting the rights and privacy of individuals (includes students, staff and others) in accordance with the Student Data Protection Act (HB 358 Utah 2017; SB 102 Utah 2017). The district needs to process certain information about its staff, students, and other individuals it has dealings with for administrative purposes. To comply with the law, information about individuals must be collected and used fairly, stored safely and securely, and not disclosed to any third party unlawfully.
DATA PROTECTION PRINCIPLES
Weber School District has adopted the following principles to govern its use, collection, storage, transmittal, and deletion of all student data, except as specifically provided by this policy or as required by applicable laws.
- A student’s personally identifiable student data is owned by the student (HB 358 53A-1-1405:472)
- The student may download, export, transfer, save, or maintain the data, including a document
- Student data, both personally identifiable and otherwise, shall be processed fairly and lawfully
- Appropriate physical, technical, and procedural measures shall be taken to: (i) prevent and/or to identify unauthorized or unlawful collection, processing, transmittal of student data; and (ii) prevent accidental loss or destruction of, or damaged to, student data
- Student data will be obtained only for specified, explicit, lawful, and legitimate purposes, and shall not be further processed in any manner incompatible with those purposes
- Student data will be adequate, relevant, and not excessive in relation to the purposes for which they are collected and/or processed
- Personal data shall not be kept in a form which permits identification of the student for longer than necessary for the permitted purposes
- The following student data may not be collected by either the district or its schools (HB 358 53A-1-1406:484)
- Social Security Number
- Criminal Record
- Unless the minor is taken into custody or detention for a violent felony. In that case, law enforcement officers will notify the Superintendent for the purpose of the minor’s supervision and student safety
- A metadata dictionary will be maintained in compliance with state requirements (HB 358 53A-1-1408:564)
- Student data will not be collected and/or processed unless:
- The parent or legal guardian has provided a valid, informed consent authorizing the data’s collection and use
- Processing is necessary for compliance with a Weber School District legal obligation
- Processing is necessary in order to protect the vital interest of the student
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authorized vest in the student data or in a third party to whom the data is disclosed
- Processing is necessary for legitimate interest of Weber School District or by the third party or parties to whom the data are disclosed, except where such interests are overridden by the fundamental rights and freedoms of the student
- Consent for the collection, management, dissemination, and deletion of student data must be informed, express, and freely given
- To be valid, consent must be in writing
- Consent with regard to Personally Identifiable Information must refer expressly to that data
- Consent must be revocable
- Consent system shall include provisions for determining what disclosures should or must be made in order to obtain a valid consent, documentation of the date, method and content of the disclosures made, as well as the validity, scope, and volition of the consents given
Transfers to Third-Parties
- Student data shall not be transferred to another entity, country, or territory, unless reasonable and appropriate steps have been taken to maintain the required level of data protection
- Student data may be communicated to the third persons only for reasons consistent with the purposes for which the data were originally collected or other purposes authorized by law
- All student personally identifiable information transferred outside of Weber School District or across public communications networks shall be de-identified or shall be protected against unauthorized access by use of encryption
- All transfers of student data to third persons for further processing shall be subject to written agreements
- A third-party contractor shall use PII student data under contract strictly for the purpose of providing the contracted product or services within the negotiated contract terms (HB 358 53A-1-1410:639) (Modified by SB 163 53A-1-1410:289)
- When contracting with a third-party contractor, Weber School District will be required to list the following provisions
- Requirements and Restrictions related to the collection, use, storage, or sharing of student data by the third-party contractor
- A description of a person or affiliated third-party contractor with whom the third-party contractor may share student data
- A provision outlining the deletion of the student data received by the third-party contractor
- Provisions that prohibit the secondary use of PII student data
- An agreement by the third-party contractor that Weber School District may audit the third-party contractor to verify compliance of the contract
- A stipulation that the third-party contractor will share student data as requested by law enforcement
- A third-party contractor may:
- Use student data for adaptive learning or customized learning
- Market an educational application or product to the parent or legal guardian of a student if the third-party contractor did not use student data
- Use a recommendation engine to recommend to a student:
- Content that relates to learning or employment if the recommendation is not motivated by payment or other considerations
- Services that relate to learning or employment if the recommendation is not motivated by payment or other considerations (HB 358 53A-1-1410:668)
- The third-party contractor may respond to a student’s request for information or feedback, if the content of the response is not motivated by payment or other considerations
- The third-party contractor may use student data to allow or improve operability and functionality of their internal application (HB 358 53A-1-1410:674) or identify for a student non-profit institutions of higher education or scholarship providers that are seeking students who meet specific criteria (SB 163 53A-1-1410:324)
- Regardless of whether the identified non-profit institutions of higher education or scholarship providers provide payment or other consideration to the third-party contractor and
- Only if the third-party contractor obtains written consent by a legal guardian (SB 163 53A-1-1410:327)
- A third-party contractor is not required to obtain written consent if the third-party contractor:
- Is a national assessment provider and
- Secures the express written consent of the student or legal guardian and
- Express written consent is given in response to clear and conspicuous notice that the national assessment provider requests consent solely to provide access to information on employment, educational scholarships, financial aid, or postsecondary educational opportunities
- At the completion of a contract with Weber School District, if the contract has not been renewed, the third-party contractor shall:
- Return all PII student data or
- Delete all PII student data under the control of the education entity unless a student or the legal guardian consents to the maintenance of the PII student data
- The third-party contractor may not:
- Sell student data
- Collect, use, or share student data if the data is inconsistent with the contract for Weber School District
- Use student data for targeted advertising
- A person may obtain student data through the purchase of, merger with, or otherwise acquiring third-party contractor if the third-party contractor remains in compliance with this section.
Third-Party Contractor Penalties (exact fines/repercussions are TBD) (HB 358 53A-1-1411:699)
- If a third-party contractor knowingly or recklessly permits unauthorized collecting, sharing, or use of student data:
- Weber School District may not enter into a future contract with them
- Unless the school board determines that the third-party contractor has corrected the error
- Unless the third-party contractor demonstrates they are currently compliant with these policies
- Unless the third-party contractor is able to comply with the requirements listed here
- May be required to pay a civil penalty up to $XX,XXX
- The board may bring an action in the Weber County district court, if necessary, to enforce payment of the civil penalty
- An individual who knowingly or intentionally permits unauthorized collecting, sharing, or use of student data may be found guilty of a class X misdemeanour
- May be required to pay costs of notifying parents and students of the unauthorized use of student data
- May be required to pay all expenses incurred by Weber School District and its schools as a result of the unauthorized sharing of student data
- Weber School District may not enter into a future contract with them
- A parent or student may bring an action in a court of competent jurisdiction for damages caused by a knowing or reckless violation of the student data policy by a third-party contractor
Disclosures at the Time of Data Collection (HB 358 53A-1-1406:487)
- Appropriate disclosures will be made at the time a legal guardian is asked to give consent to the collection or processing of student data, and whenever student data are collected.
- The disclosure must be a stand-alone document that is published annually and available on the Weber School District’s website
- Specific information must be disclosed to the legal guardian and/or any other person from whom student data are obtained at the time of collection, unless the legal guardian already has the information. Weber School District must establish technical or administrative means for documenting the fact that the legal guardian already has the information and how.
- These disclosures should be given as soon as possible, and preferably at the first point of contact with the Legal Guardian. The disclosure will include both necessary and optional data that will be collected and include how the district stores and protects student data.
- The disclosures should be made in a manner calculated to draw attention to them. The disclosures may not be given orally. Disclosures may be given electronically via the school district’s intranet or in writing. The receipt or form should be retained along with a contemporaneous record establishing the fact, date, content, and method of disclosure for a period of XXXXXX
- If inadequate disclosures are made initially, additional disclosures may have to be made at a later time, and the fact, date, content, and method of these additional disclosures shall be recorded.
- The Student Data Disclosure must contain the following statement: “The collection, use, and sharing of student data has both benefits and risks. Parents and students should learn about these benefits and risks and make choices regarding student data accordingly.”
Sources of Student Data
- Student data shall be collected only from the legal guardian unless the nature of the business purpose necessitates collection of the data from other persons or bodies, collection from the legal guardian would necessitate disproportionate effort, or collection must be accomplished under emergency circumstances in order to protect an interest of the student or to prevent serious loss.
- Weber School District will create a form or system to document and automate this process as fully as possible.
- If student data are collected from someone other than the Legal Guardian, the student’s guardian must be informed of the following items unless the legal guardian has received the required information by other means, notification would require disproportionate effort, or the law expressly provides for collection, processing or transfer of the student data.
- The fact of the collection, processing or transfer of the data by Weber School District;
- The nature and purposes of the processing;
- The recipients or categories of recipients of the data;
- The origin of the data; and
- Weber School District shall establish a system to enable and facilitate exercise of student data rights of access, blockage, erasure, opposition, rectification, and, where appropriate or required by applicable law, a system for giving notice of inappropriate exposure of the student data.
- shall be entitled to obtain the following information about student data upon a request made in compliance with reasonable policies and procedures established, and set forth in writing.
- Whether Weber School District has stored student data concerning the Legal Guardian.
- Whether any of the data is personally identifiable.
- The source(s) of the data, if known.
- The recipients or categories of recipients to whom the data have been or may be transmitted.
- The purposes of the collection, processing, use and storage of the data.
- A hard copy of the data in an intelligible form.
- Weber School District shall provide its response to a request for student data within 40 days of the date the school district receives a written request from the legal guardian and appropriate verification that the requestor is the an authorized legal representative.
- A Legal Guardian shall have the right to require Weber School District to correct or supplement erroneous, misleading, outdated, or incomplete student data.
- Requests for access to or rectification of student data shall be directed, at the Legal Guardian’s option, to the principal of the school responsible for the student data.
- Weber School District shall establish a system for logging each request under this Section as it is received and noting the response date.
- If Weber School District cannot respond fully to the request within the time indicated, then they shall nevertheless provide the following information within the specified time:
- An acknowledgement of receipt of the request.
- Disclosure of responsive information located to date.
- Identification of any requested information or modifications which Weber School District will not provide, the reason(s) for the refusal, and the procedures for appealing the decision within the district, if any.
- An estimate of a date by which the remaining responses will be made.
- A statement or estimate of any costs to be paid by the requestor.
- The name and contact information of the individual who the requestor should contact for follow up.
- Where providing the information about the requesting student would disclose personally identifiable information about another individual, the school handling the request must review the data and redact or withhold the information as may be necessary or appropriate to protect that person’s rights.
- Weber School District may establish procedures to screen and deny abusively burdensome or repetitive requests by or on behalf of a Legal Guardian.
- The rights provided to parents in this policy transfer to the student when the student turns 18 years old or becomes an emancipated minor
- Sensitive Data should not be processed unless:
- Such processing is specifically authorized or required by law
- The legal guardian expressly consents
- The processing is required for preventive medicine, medical diagnosis, or health care treatment; provided the data are processed by a health professional subject to national law or rules with an obligation of professional secrecy or by another person with an equivalent obligation of secrecy. If Weber School District is relying upon this medical exemption, all contracts with employees and independent contractors who will have access to the Sensitive Data must contain confidentiality requirements equivalent to those imposed on health professionals.
- Where the legal guardian is physically or legally incapable of giving consent, but the processing is necessary to protect a vital interest of the student. This exemption may apply, for example, where emergency medical care is needed.
- Data relating to criminal offenses may be processed only by or under the control of an official authority.
- If Weber School District is relying upon one of the exemptions to authorize processing of Sensitive Data, the exemption relied upon, and the basis for the exemptions should be recorded with the data.
Data Quality Assurance
- Each individual school shall take steps to assure that student data it collects or processes is complete and accurate in the first instance. Data must be accurate and updated in such a way as to give a true picture of the current situation of the student.
- Weber School District shall correct data which it knows to be incorrect, inaccurate, incomplete, ambiguous, misleading or outdated, even if the legal guardian does not request rectification. Inaccurate data must be erased and replaced by corrected or supplemented data.
- Student data must be kept only for the period necessary for permitted uses. When defining a permitted use for data, the individual school shall establish a remove or review date for the stated purpose.
- Student data should be erased if their storage violates any of the data protection rules or if knowledge of the data are no longer required by Weber School District or for the benefit of the Legal Guardian. See the Student Record Retention section in the Data Governance Plan.
- Student data should be blocked, rather than erased, insofar as the law prohibits erasure, erasure would impair legitimate interests of the Legal Guardian, erasure is not possible without disproportionate effort due to the specific type of storage; or if the legal guardian disputes that the data are correct and it cannot be ascertained whether they are correct or incorrect.
Notice of Non-Compliance
- Weber School District shall notify the Superintendent, directors, and principals that: i) failure to comply with relevant data protection legislation may trigger criminal and civil liability, including fines, imprisonment, and damage awards; and ii) they can be personally liable where an offense is committed by Weber School District with their consent or involvement, or is attributable to any neglect on their part.
- Physical, Technical, and Organizational Security Measures
- Weber School District shall adopt physical, technical, and organizational measures to ensure the security of student data, including the prevention of their alteration, loss, damage, unauthorized processing or access, having regard to the state of the art, the nature of the data, and the risks to which they are exposed by virtue of human action or the physical or natural environment.
- Adequate security measures should include all of the following:
- Entry Control: Prevention of unauthorized persons from gaining access to data processing systems in which student data are processed or stored.
- Access Control: Prevention of data processing systems from being used by unauthorized persons.
- Disclosure Control: Preventing persons entitled to use a data processing system from accessing data beyond their needs and authorizations. This includes preventing unauthorized reading, copying, modifying or removal during processing and use, or after storage.
- Input Control: Ensuring that it can be subsequently checked and established whether and by whom student data has been entered into, modified on, or removed from data processing systems.
- Job Control: Ensuring that in the case of commissioned processing of student data, the data can be processed only in accordance with the instructions of the school district.
- Availability Control: Ensuring that student data are protected against undesired destruction or loss.
- Use Control: Ensuring that data collected for different purposes can and will be processed differently
- Longevity Control: Ensuring that data is not kept longer than necessary, including by requiring that data transferred to third persons be returned or destroyed.
5. DISPUTE RESOLUTION
- Employees with inquiries or complaints about the processing of student data should first discuss the matter with their Principal or Supervisor. If the employee does not wish to raise an inquiry or complaint with an immediate supervisor, or if the supervisor and the employee are unable to reach a satisfactory resolution of the issues raised, the employee should bring the issue to the attention of their Director.
- Parents, Legal Guardians, and Adult Students
- Parents, legal guardians, and adult students with inquiries or complaints about the processing of student data should bring the matter to the attention of the Student Data Compliance Officer in writing. Any disputes concerning the processing of the personal data of non-employees will be resolved through arbitration.
- Each school and/or building will provide training to teach or re-emphasize privacy and security related procedures. These procedures should be set forth in written guidelines to employees and shall include at least the following.
- Each employee’s duty to use and permit the use of student data only by authorized persons and for authorized purposes;
- The contents of this Policy;
- The relationship between this Policy and other Weber School District policies;
- The need for and proper use of the forms and procedures adopted to implement this Policy;
- The correct use of passwords, security tokens and other access mechanisms;
- The importance of limiting access to student data, such as by using password protected screen savers, logging out when the information is not being used and attended by an authorized person;
- Securely storing manual files, print outs and electronic storage media;
- A general prohibition on the transfer of student data outside of the internal network and physical office premises unless otherwise stated in this Policy;
- Proper disposal of confidential data by shredding, etc.;
7. COMPLIANCE MEASUREMENT
7.1 Current Compliance Assessment
Weber School District shall establish a schedule for and implement a data protection compliance audit for all locations. Weber School District, in cooperation with individual locations, shall devise a plan and schedule for correcting any identified deficiencies within a fixed, reasonable time.
7.2 Annual Data Protection Audit
Each location shall review annually its data collection, processing, and security practices. This annual review shall consist of at least the following:
- The school or building shall determine what student data they are collecting, or intends to collect, the purposes of the data collection and processing, any additional permitted purposes, the actual uses of the data, what disclosures have been made about the purposes of the collection and use of such data, the existence and scope of any legal guardian consents to such activities, any legal obligations regarding the collection and processing of such data, and the scope, sufficiency, and implementation status of security measures.
- The school or building shall determine what student data it has in manual systems that constitute “relevant filing systems.”
- Each school shall identify all transferees of student data in its possession or control. The school shall determine where the transferee is located, the purposes of the transfer, what physical, technical, and procedural systems are in place to maintain at least the existing level of data protection and to prevent or control further transfers.
- The information collected in this annual review shall be delivered to the Data Security Officer for review and appropriate action including, without limitation, the following:
- Making recommendations for improvement to policies and procedures in order to improve compliance with this policy and applicable law.
- Satisfying the requirements of all federal, state, and local laws in relation to transferring, storing, and deleting student data.
This Policy shall be available to employees through the Human Resources Department and shall be made available to non-employees through posting to http://wsd.net.
- Effective Date
This Policy is adopted as of July 1, 2017. Weber School District, in cooperation with the schools, will develop a timeline and program for implementing this Policy. This implementation program will include the resolution of any conflicts between this Policy and other existing policies. (HB 358 53A-1-1409:568)
This Policy may be revised at any time. Notice of significant revisions shall be provided to employees through the Human Resources Department and to others through the Weber School District website, located at http://wsd.net.
9. PARENT NOTIFICATION OF THREATS AND INCIDENTS
- For the purpose of this section, ‘parent’ includes a student’s guardian, or if the student is over 18 years old, the student
- If a school or the school district notifies a parent of a threat or incident, the school or school district shall produce and maintain a record that verifies a parent was notified
- At the request of a parent, the school may provide information or make recommendations related to the threat or incident
- A school shall:
- Provide a student a copy of a record maintained in accordance with this section as it relates to the student
- Expunge the record maintained in accordance with this section when the student
- Has graduated from High School and
- Requests that the record be expunged
- Notify a parent if the parent’s student threatens to commit suicide
- Notify the parent of each student involved in an incident of:
10. SURVEYS, ANALYSIS, AND EVALUATION RESTRICTIONS (PPRA)
- Written consent from a Legal Guardian must be obtained prior to a student being required to take any type of survey, analysis, or evaluation that reveals information concerning the following. Parents must have an opportunity to opt out of any survey concerning one of these areas also:
- Political affiliations;
- Mental and psychological problems potentially embarrassing to the student and his/her family;
- Sex behavior and attitudes;
- Illegal, anti-social, self-incriminating and demeaning behavior;
- Critical appraisals of other individuals with whom respondents have close family relationships;
- Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
- Religious practices, affiliations, or beliefs of the student or student's parent*; or
- Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.)
- Weber School District must notify the Legal Guardian, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when activities involving the collection, disclosure, or use of personal information collected from students for marketing purposes or to sell or otherwise provide the information to others for marketing purposes
- Exception to the requirement of written notification and authorization by the Legal Guardian
- Requirements concerning activities involving the collection and disclosure of personal information collected from students for marketing purposes does not apply to the collection, disclosure, or use of personal information collected for the exclusive purpose of developing, evaluating, or providing educational products or services such as:
- College or post-secondary education recruitment
- Military recruitment
- Book clubs, magazines, and programs providing access to low-cost literary products
- Curriculum and instructional materials used by elementary and secondary schools
- Tests and assessments used by schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students
- The sale by students of products or services to raise funds for school-related or education-related activities
- Student recognition programs
- The legal guardian has the right to inspect any type of instructional material or instrument used in the collection of personal information used as part of the educational curriculum for the student.
- Any request for inspection of instructional material or instrument used in the collection of personal information must be granted within a reasonable period of time after the request is received
- Weber School District must offer an opportunity for parents to opt out of participating in any of the activities outlined in this section
- Terms and Definitions (HB 358 53A-1-1402)
Adult Student: Student’s 18 years old or older, emancipated students, or students qualified under the McKinney-Vento Homeless Education Assistance
Aggregate Data: Totalled and reported at the group, school, district, region, or state level with at least 10 individuals at the level
Data Authorization: Written authorization to collect or share student’s data
Data Governance Plan: Comprehensive plan for managing education data
Education Entity: Weber School District and its individual schools
Expunge: Seal or permanently delete data
Instructional Material: Instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.
Invasive Physical Examination: Any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion, or injection into the body, but does not include a hearing, vision, or scoliosis screening.
Legal Guardian: Parent, Legal Guardian, or Adult Student
Necessary Student Data: Data required by the statute or federal law to conduct the regular activities (HB 358 53A-1-1402:314)
- Date of birth
- Parent contact information
- Custodial parent information
- Contact information
- Student ID number
- Local, state, and national assessment results
- Courses taken and completed, credits earned, other transcript information
- Course grades and grade point average
- Grade level and expected graduation date or cohort
- Degree, diploma, credential attainment and other exit information
- Attendance and mobility
- Drop-out data
- Immunization record or exception from one
- Tribal affiliation
- Remediation efforts
- Except from vision screening
- Information from vision screening
- Utah registry of Autism and Developmental Disabilities
- Student injury information
- Cumulative disciplinary record created and maintained by district
- Juvenile delinquency records
- English language learner status
- Child find and special education evaluation data related to initiation of IEP
Optional Student Data: Data not included in the Necessary category (HB 358 53A-1-1402:346)
- Related to IEP or needed to provide special needs
- Biometric information
- Information that is not necessary student data and that is required for a student to participate in federal or other program
Personally Identifiable Information (PII): Information that identifies a student (HB 358 53A-1-1402:359)
- Student’s first and last name
- First and last name of student’s family member
- Home or physical address
- E-mail address or other contact information
- Student’s phone number
- Student’s social security number
- Student’s biometric identifier
- Health or disability data
- Education entity student ID number
- Social media username and password or alias
- Customer number held in a cookie
- Student’s last name with a photograph
- Student or their family member’s information combined with Personally Identifiable student information
- Any information that would allow a reasonable person in the community to identify a student with reasonable certainty
Survey: An evaluation
12. RELATED LEGISLATION AND EXISTING POLICIES
- Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99)
- Children’s Online Privacy Protection Act (COPPA) (15 U.S. Code § 6506)
- Protection of Pupil Rights Amendment (PPRA)
- Utah House Bill 358 (2017)
- Senate Bill 102 (2017)