Student Data Collection Notice

What is a Student Data Collection Notice?

A Student Data Collection Notice is an annual notice published on the school's website that states the student data the LEA collects, what it will not collect, and what it may collect with written parental consent. It also describes, in general terms, how the LEA stores and protects student data and states a student's right under this law. 

Instructions & Requirements

Follow the instructions below to create or update your Student Data Collection Notice.

If you are going to collect what Utah Law defines as "optional" student data, develop a procedure for allowing parents to opt in.

"Opting in" means agreeing to allow the LEA to collect the specified optional data about their student. The law states that the parents must provide written consent before an LEA can gather optional data.

If you are going to collect what Utah Law defines as "optional" student data, determine how to keep track of which parents have opted in.

Create or annually update your Student Data Collection Notice.

Consider using our model document found under the "Resources" tab of this page to create your Student Data Collection Notice. Your Student Data Collection Notice must meet the following requirements:

1. 1. Your Student Data Collection Notice must be a prominent, standalone document. This means it can't be combined with other documents, such as the Directory Information Notice or the Annual Notice of FERPA Rights. (53E-9-305(2)(a))

   2. Your Student Data Collection Notice must (53E-9-305):

      • State the student data that the LEA will collect (53E-9-305(2)(c))

      • State the student data that the LEA will never collect (specifically social security number and criminal record) (53E-9-305(2)(d))

      • State the optional student data that the LEA will collect only with written parental consent.

        • Specific optional data elements need to be listed on this notice and how the data will be used.

      • Include the following statement verbatim (53E-9-305(2)(f)):

        • "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."

      • Describe in general terms how the LEA protects student data (53E-9-305(2)(g))

      • State student rights under the student data protection act (53E-9-305(2)(h))

   3. NOTE: If you plan to collect biometric information about students, Utah law requires that you create a separate notice (including an opt-in process) specifically addressing biometric information.  See the Biometric Information Collection Notice page of this module for more information.

Publicly post the Student Data Collection Notice on your LEA website. 

Unlike other privacy notices, Utah law mandates that the Student Data Collection Notice be publicly posted on the district or charter school's website. 

Annually provide parents with notice and, if applicable, an opportunity to opt into collecting "optional" student data.

Each year, provide the Student Data Collection Notice to parents. Posting the notice on the LEA website meets the requirements of the law; you are not required to send home a physical copy.  

If you wish to collect what Utah Law defines as "optional" student data, you will also need to provide parents with the opportunity to opt in via written consent.

2024-25 Privacy Compliance Review

Will our LEA need to submit our Student Data Collection Notice in the 2024-2025 Privacy Compliance Review?

• We encourage you to review your agency's Student Data Collection Notice, to ensure information is current and accurate. 
• All LEAs will submit this document this year
• Since one requirement of the Student Data Collection Notice is that it is posted publicly on your website, you will be asked to provide a link to the document

Are the 2024-2025 Student Data Collection Notice requirements the same as last year's requirements? 

Yes, the requirements are the same as last year.

How and when will the Student Data Collection Notice be submitted?

If your LEA is required to submit your Student Data Collection Notice, the primary data manager will submit the notice in the Privacy Compliance Survey.** A link to the survey will be sent via email to the primary data manager of each LEA in October 2024. 

In the survey, the data manager will paste a link to the page on your LEA website that either displays or links to your Student Data Collection Notice. IMPORTANT:  Make sure to submit a link to your LEA webpage where users can find the Student Data Collection Notice, NOT a link to the notice itself.

*You can see your 2023-24 status for your Student Data Collection Notice on your most recent Privacy Compliance Report. Contact John Lyman, or Nicole Sanchez if you need a new copy of your report. 

**See the Annual Privacy Compliance Review page for more information about the Privacy Compliance Survey.

Resources

Model document

Legal References

Title 53E-9-305(2): Collecting Student Data. Prohibition. Student Data Collection Notice. Written consent. Links to an external site.