53E-9-205. Parental right to student information.

218 words·~1 min read·/ut/title-53e/chapter-9/53e-9-205

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 2/16/2023

(1)As used in this section:

(a)"Education record" means the same as that term is defined in Section 53E-9-204 .

(b)"Gender identity" means the same as that term is defined in Section 34A-5-102 .

(c)"Parent" means a parent or legal guardian with legal custody of the child in question.

(d)"Sex" means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.

(2)In accordance with Section 53E-2-201 , each school and each local governing board shall ensure that no policy or action of the school or LEA:

(a)except as provided in Subsection 53E-9-203(6) , operates to shield a student's education record from the student's parent; and

(b)interferes with a parent's:

(i)fundamental parental right and primary responsibility to direct the education of the parent's child; and

(ii)freedom of access to information regarding the parent's child.

(3)Notwithstanding any other provision of law, a school or LEA may not:

(a)prohibit a parent of a child from accessing the child's education record; or

(b)without written parental consent make changes to a student's education record regarding a student's gender identity that does not conform with the student's sex.

Enacted by Chapter 13 , 2023 General Session