R277-625-4. Data Privacy

(1)(a) An LEA shall ensure all data collected or stored by a mental health screener complies with all state and federal data privacy laws and requirements, including those described in Subsection R277-625-3(3). (b) notwithstanding Subsection (1)(a), an LEA shall provide a parent with a list of all parties that may receive any data related to a student's mental health screener before the parent providing consent. (2) An LEA shall provide a parent with a list of all data potentially collected by the mental health screener before consenting to a student's mental health screening. (3) An LEA shall provide the parent of a screened student with: (a) results as described in Subsection 53F-2-522(4)(d); (b) applicable available resources; and (c) who has access to the screener data. (4) If an LEA has received parental consent, an LEA may share data collected from the mental health screener with a school's multidisciplinary team. (5) An LEA shall retain and dispose of all data related to a student's mental health screener in accordance with an approved retention schedule not to exceed three years.