Utah Admin. Code R277-487-8 - Sharing Data With the Utah Registry of Autism and Developmental Disabilities
(1) The Superintendent shall share personally
identifiable student data with the Utah Registry of Autism and Developmental
Disabilities as required by Subsection
53E-9-308(6)(b)
through a written agreement designating the Utah Registry of Autism and
Developmental Disabilities as the authorized representative of the Board for
the purpose of auditing and evaluating federal and state supported education
programs that serve students with autism and other developmental
disabilities.
(2) The agreement
required by Subsection (1) shall include a provision that:
(a) the Utah Registry of Autism and
Developmental Disabilities may not use personally identifiable student data for
any purpose not specified in the agreement;
(b) the Utah Registry of Autism and
Developmental Disabilities shall flag all student personally identifiable data
received from the Board to:
(i) ensure that
the data is not used for purposes not covered by the agreement; and
(ii) allow the Superintendent access to the
data for auditing purposes;
(c) the Utah Registry of Autism and
Developmental Disabilities may redisclose de-identified data if:
(i) the de-identification is in accordance
with HIPAA's safe harbor standard;
(ii) the de-identification is in accordance
with Board rule; and
(iii) the Utah
Registry of Autism and Development Disabilities annually provides the
Superintendent with a description and the results of all projects and research
undertaken using de-identified student data; and
(d) the Utah Registry of Autism and
Developmental Disabilities shall allow an audit that meets the requirements of
Subsection R277-487-7(5)
conducted by the Superintendent to monitor for compliance with this rule no
less than once per year.
(3) The Superintendent shall maintain a
record of all personally identifiable student data shared with the Utah
Registry of Autism and Developmental Disabilities in accordance with
34
C.F.R. 99.32.
(4)
(a) A
parent of a child whose personally identifiable student data was shared with
the Utah Registry of Autism and Developmental Disabilities has the right to
access the exact records disclosed.
(b) A parent identified in Subsection (4)(a)
has the right to contest and seek to amend, expunge, or destroy any data that
is inaccurate, misleading, or otherwise in violation of the privacy rights of
the student.
Notes
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