H.B. 393 Enrolled

NONCUSTODIAL PARENT'S ACCESS TO
CHILD'S EDUCATIONAL INFORMATION
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Chad E. Bennion
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT CUSTODIAL AND
NONCUSTODIAL PARENTS HAVE A RIGHT TO ACCESS THEIR CHILDREN'S
EDUCATION RECORDS; AND PROVIDING AN EXCEPTION IF A NONCUSTODIAL
PARENT HAS A COURT ORDER AGAINST THE PARENT RESTRICTING ACCESS TO
THOSE RECORDS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53A-3-402.1, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-3-402.1 is enacted to read:
53A-3-402.1. Access to student records by custodial and noncustodial parents.
(1) Except as provided in Subsection (2), a public school shall allow a custodial parent and
a noncustodial parent of a child the same access to their child's education records.
(2) A school may not allow a noncustodial parent access to the child's education records
if:
(a) a court has issued an order that limits the noncustodial parent's access to the child's
education records; and
(b) the school has received a copy of the court order or has actual knowledge of the court
order.