Pg. 3 of 20 - Utah Law

I’m here at the Utah State Capitol to talk quickly about laws. The Public Records Management Act, or PRMA not only outlines who owns the records, “HINT- THE STATE”, But, it establishes the record keeping responsibilities. We'll dive into the law, and Board Rule. I’ll explain what is required, I'll provide some guidance, and leave you with some considerations.

Government Records Access and Management Act (GRAMA) Links to an external site.

GRAMA Links to an external site.is a law dealing with management of government records. GRAMA states who has access to records and how the law is enforced. The law attempts to balance a citizen’s right to access government records with individuals’ constitutional rights of privacy when the government gathers personal data, and the public policy interest in allowing a government to restrict access to certain records. GRAMA is the equivalent to what many states or the federal government call FOIA, or the Freedom of Information Act.  

Public Records Management Act (PRMA) Links to an external site.

PRMA mandates state ownership of government records and requires their effective management and care (Utah Code 63A-12 Links to an external site.). The Public Records Management Act also establishes the record keeping responsibilities of governmental entities.

It defines the responsibilities of the Division of Archives and Records Service, the State Archivist, and the Government Records Ombudsman.

USBE BOARD RULE - R277-487-4. Retention of Student Data. Links to an external site.

  1. An LEA shall classify all student data collected in accordance with Section 63G-2-604 Links to an external site..
  2. An LEA shall retain and dispose of all student data in accordance with an approved retention schedule.
  3. If no existing retention schedule governs student disciplinary records collected by an LEA:
    1. An LEA may propose to the State Records Committee a retention schedule of up to one year if collection of the data is not required by federal or state law or Board rule; or
    2. An LEA may propose to the State Records Committee a retention schedule of up to three years if collection of the data is required by federal or state law or Board rule, unless a longer retention period is prescribed by federal or state law or Board rule.
  4. An LEA's retention schedules shall take into account the LEA's administrative need for the data.
  5. Unless the data requires permanent retention, an LEA's retention schedules shall require destruction or expungement of student data after the administrative need for the data has passed.
  6. A parent or adult student may request that an LEA amend, expunge, or destroy any record not subject to a retention schedule under Section 63G-2-604 Links to an external site., and believed to be:
    1. inaccurate;
    2. misleading; or
    3. in violation of the privacy rights of the student.
  7. An LEA shall process a request under Subsection (6) following the same procedures outlined for a request to amend a student record in 34 CFR Part 99, Subpart C.

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