Public and Higher Education Collaboration, the official text

Public and Higher Education Collaboration
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Val L. Peterson

LONG TITLE
General Description:
This bill establishes a process for sharing grades 7 through 12 student data between public education and higher education.
Highlighted Provisions:
This bill: establishes a data sharing process between state and higher education boards for grades 7 through 12 student data;
authorizes disclosure to support college readiness programs and higher education access;
requires compliance with federal privacy laws and state student data protections;
mandates parent notification of opt-out rights for data sharing;
requires training of higher education employees who will have data access;
delegates rulemaking authority to the Utah Board of Higher Education; and
makes conforming changes.

Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: ENACTS:
53E-9-401, Utah Code Annotated 1953
53E-9-402, Utah Code Annotated 1953
53E-9-403, Utah Code Annotated 1953
53E-9-404, Utah Code Annotated 1953
53H-14-601, Utah Code Annotated 1953
53H-14-602, Utah Code Annotated 1953
53H-14-603, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53E-9-401 is enacted to read:
4. Data Sharing with Higher Education 53E-9-401. Definitions.
As used in this part: (1) "Education entity" means the same as that term is defined in Section 53E-9-301.
(2) "Institution of higher education" means the same as that term is defined in Section 53H-1-101.
(3) (a) "Student data" means the same as that term is defined in Section 53E-9-301.
(b) "Student data" does not include information or records related to student behavior incidents or student discipline.

Section 2. Section 53E-9-402 is enacted to read:
53E-9-402. Grades 7 through 12 student data sharing with higher education -- Purposes.
(1) The state board and the Utah Board of Higher Education shall establish and implement a process for disclosing grades 7 through 12 student data, including student data from the state board and education entities, to the Utah Board of Higher Education and the Office of the Commissioner of Higher Education to support: (a) secondary student access to college and career readiness programs provided in the Utah System of Higher Education, including: (i) technical college programs;
(ii) early college programs;
(iii) concurrent enrollment; or
(iv) First credential as defined in Section 53E-10-310;

(b) student access to higher education including: (i) scholarships;
(ii) financial aid;
(iii) admission; or
(iv) enrollment to Utah System of Higher Education institutions;

(c) audit and evaluation practices; and
(d) local, state, or federal reporting requirements.

(2) An LEA shall provide the student data necessary to implement the process described in Subsection (1).
(3) The state board shall fully implement the process described in this section no later than August 1, 2027.

Section 3. Section 53E-9-403 is enacted to read:
53E-9-403. Student data disclosure requirements -- Federal and state compliance.
(1) The state board and the Utah Board of Higher Education shall ensure, student data is private and shall be disclosed in accordance with the provisions of: (a) U.S.C., Title 20, Sections 1232g(b)(1), (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), (b)(7);
(b) Code of Federal Regulations, Title 34, Sections 99.31, 99.32, 99.33, 99.34, 99.35, 99.37, and 99.39;
(c) IDEA, United States Code, Title 20, Section 1400;
(d) Code of Federal Regulations, Title 34, Part 300; and
(e) Title 53E, Chapter 9, Part 3, Student Data Protection.

(2) This section does not prohibit disclosures allowed under other relevant laws.

Section 4. Section 53E-9-404 is enacted to read:
53E-9-404. Parent notification and opt-out rights.
An LEA shall notify parents of: (1) the data that will be collected under Subsection 53E-9-402(1);
(2) how the data collected under Subsection 53E-9-402(1) will be used; and
(3) the right to opt out of the LEA's disclosure of student data under Subsection 53E-9-402(1)(a) and (b).

Section 5. Section 53H-14-601 is enacted to read:
6. K-12 Student Data Sharing 53H-14-601. General provisions -- Definitions.
As used in this part, "education entity" means the same as that term is defined in Section 53E-9-301.

Section 6. Section 53H-14-602 is enacted to read:
53H-14-602. Training requirements for higher education personnel.
(1) The board shall ensure that higher education employees, student aides, and volunteers who have access to student data received under Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, shall receive training at least once every two years.
(2) The board shall consult with the State Board of Education to ensure the training required under this section covers: (a) federal and state student data privacy laws;
(b) proper handling and protection of student data;
(c) data breach prevention and response procedures; and
(d) authorized uses and disclosure limitations for student data received under this part.

Section 7. Section 53H-14-603 is enacted to read:
53H-14-603. Authorization for K-12 student data sharing -- Rulemaking.
(1) The board may receive and use student data from grades 7 through 12 as provided in Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, to support the purposes described in Section 53E-9-402.
(2) The board, in collaboration with the State Board of Education, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in compliance with state and federal laws for sharing student data between the board, the State Board of Education, and education entities under Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education.
(3) Institution of higher education employees, student aides, and volunteers who have access to student data received under this section shall receive the training described in Section 53H-14-602.

Section 8. Effective Date.
This bill takes effect on May 6, 2026.

3-11-26 5:08 PM