References:
Utah Code 53A-13-1301,1302
Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Act

The Family Education Rights and Privacy Act (FERPA) as adopted by the State of Utah (53A-13-1301 and 302, Utah Code, 1994, and as amended 1995), provides protection to students, their parents, and their families as to the privacy of individually identifiable information and prohibits certain activities without prior parental or guardian consent. Pursuant to those laws, the Weber School District:

1. prohibits the administration to a student of any psychological or psychiatric examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student's parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student's or any family member's:
   
   • 1.1 political affiliations or, except as provided under Section 53A-13-101.1 or rules of the State Board of Education, political philosophies;
   • 1.2 mental or psychological problems;
   • 1.3 sexual behavior, orientation, or attitudes;
   • 1.4 illegal, anti-social, self-incriminating or demeaning behavior;
   • 1.5 critical appraisals of individuals with whom the student or family member has close family relationships;
   • 1.6 religious affiliations or beliefs;
   • 1.7 legally recognized privileged and analogous relationship, such as those with lawyers, medical personnel, or ecclesiastical leaders; and
   • 1.8 income, except as required by law.
   The prohibitions under Subsection (1.) shall also apply to the curriculum or other school activities unless prior written consent of the student's parent or legal guardian has been obtained.
2. Written parental consent is valid only if a parent or legal guardian has been first given written notice and a reasonable opportunity to obtain written information concerning:
   • 2.1 records or information, including information about relationships, that may be examined or requested;
   • 2.2 the means by which the records or information shall be examined or reviewed;
   • 2.3 the means by which the information is to be obtained;
   • 2.4 the purposes for which the records or information are needed;
   • 2.5 the entities or persons, regardless of affiliation, who will have access to the personally identifiable information; and
   • 2.6 a method by which a parent of a student can grant permission to access or examine the personally identifiable information.
3. Consent and Disclosure:
   Except in response to a situation which a school employee reasonably believes to be an emergency or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Act, or by order of a court, disclosure to a parent or legal guardian must be given at least two weeks before information protected under this section is sought.
   
   • 3.1 Following disclosure, a parent or guardian may waive the two-week minimum notification period.
   • 3.2 Parental authorization shall be valid until the commencement of the subsequent school year or until one of the following occurs:
     • 3.2 A. the child completes or withdraws from the course, activity, or program for which it was granted; or
     • 3.2 B. a written withdrawal of authorization is submitted to the school principal by the authorizing parent or guardian.
   A general consent used to approve admission to school or involvement in a special education, remedial education, or regular school activity, does not constitute written consent under this policy.

This section does not limit the ability of a student under Section 53A-13-101.3 to spontaneously express sentiments or opinions otherwise protected against disclosure under this section.

If a school employee or agent believes that a situation exists which presents a serious threat to the well-being of a student, that employee or agent shall notify the student's parent or guardian without delay. If, however, the matter has been reported to the Division of Family Services within the Department of Human Services, it is the responsibility of the division to notify the student's parent or guardian of any possible investigation prior to the student's return home from school.

NOTE: The State/County Division of Family Services may be exempted from the notification requirements described in this Subsection only if it determines that the student would be endangered by notification of his parent or guardian, or if that notification is otherwise prohibited by state or federal law.

Approved by the Board 05/03/1995