H.B. 393

1

NONCUSTODIAL PARENT'S ACCESS TO
2 CHILD'S EDUCATIONAL INFORMATION
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Chad E. Bennion
6 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT CUSTODIAL AND
7 NONCUSTODIAL PARENTS HAVE A RIGHT TO ACCESS THEIR CHILDREN'S
8 EDUCATION RECORDS; AND PROVIDING AN EXCEPTION IF A NONCUSTODIAL
9 PARENT HAS A COURT ORDER AGAINST THE PARENT RESTRICTING ACCESS TO
10 THOSE RECORDS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 53A-3-402.1, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 53A-3-402.1 is enacted to read:
16 53A-3-402.1. Access to student records by custodial and noncustodial parents.
17 (1) Except as provided in Subsection (2), a public school shall allow a custodial parent and
18 a noncustodial parent of a child the same access to their child's education records.
19 (2) A school may not allow a noncustodial parent access to the child's education records
20 if:
21 (a) a court has issued an order that limits the noncustodial parent's access to the child's
22 education records; and
23 (b) the school has received a copy of the court order or has actual knowledge of the court
24 order.

Legislative Review Note
as of 2-8-99 1:26 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel