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7 LONG TITLE
8 General Description:
9 This bill enacts provisions ensuring a parent's access to information related to a parent's
10 child, including gender identity.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires each school and each local governing board to ensure a parent's right to
15 access information regarding the parent's child; and
16 ▸ prohibits a school or local education agency from:
17 • prohibiting a parent's access to information regarding the parent's child; or
18 • without parental consent, treating a student in a manner that relates to a gender
19 identity that does not correspond with the student's sex.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 ENACTS:
26 53E-9-205, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53E-9-205 is enacted to read:
30 53E-9-205. Parental right to student information.
31 (1) As used in this section:
32 (a) "Gender identity" means the same as that term is defined in Section 34A-5-102.
33 (b) "Sex" means the biological, physical condition of being male or female, determined
34 by an individual's genetics and anatomy at birth.
35 (2) In accordance with Section 53E-2-201, each school and each local governing board
36 shall ensure that no policy or action of the school or LEA:
37 (a) operates to shield any student's information from the student's parent; and
38 (b) interferes with a parent's:
39 (i) fundamental parental right and primary responsibility to direct the education of the
40 parent's child; and
41 (ii) freedom of access to information regarding the parent's child.
42 (3) Notwithstanding any other provision of law, a school or LEA may not:
43 (a) prohibit a parent with legal custody of a child from accessing the child's education
44 records or other information related to the child in the school's or LEA's possession; or
45 (b) without written parental consent:
46 (i) make changes to a student's education records or other information related to the
47 child in the school's or LEA's possession regarding a student's gender identity that does not
48 conform with the student's sex; or
49 (ii) treat a student in a manner that relates to a gender identity that does not correspond
50 with the student's sex.
51 Section 2. Effective date.
52 If approved by two-thirds of all the members elected to each house, this bill takes effect
53 upon approval by the governor, or the day following the constitutional time limit of Utah
54 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
55 the date of veto override.