Law / United States / 
Utah
Student Privacy: parental right to student information, with no school policy or action shielding an education record from a parent and no change to a student's education record on gender identity without written parental consent
In force since .
A data subject rights rule binding government bodies.
- Obligation class
- Data subject rights, Prohibition, Consent
What it requires
- If you are a school or a local governing board, ensure that no policy or action of the school or local education agency operates to shield a student's education record from the student's parent, except as Utah Code 53E-9-203(6) provides (Utah Code 53E-9-205(2)(a)).
- Do not let a policy or action of the school or local education agency interfere with a parent's fundamental parental right and primary responsibility to direct the education of the parent's child, or with the parent's freedom of access to information regarding the parent's child (Utah Code 53E-9-205(2)(b)).
- Notwithstanding any other provision of law, do not prohibit a parent of a child from accessing the child's education record (Utah Code 53E-9-205(3)(a)).
- Do not, 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 (Utah Code 53E-9-205(3)(b)).
These lines are LexLint's reading of the law's text.
What this law does
Each school and each local governing board must ensure that no policy or action of the school or local education agency operates to shield a student's education record from the student's parent, except as Utah Code 53E-9-203(6) provides.
No policy or action of a school or local education agency may interfere with a parent's fundamental parental right and primary responsibility to direct the education of the parent's child, or with the parent's freedom of access to information regarding the parent's child. Notwithstanding any other provision of law, a school or local education agency may not prohibit a parent of a child from accessing the child's education record.
A school or local education agency may not, 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. In the section, a parent means a parent or legal guardian with legal custody of the child in question. In the section, sex means the biological, physical condition of being male or female, determined by an individual's genetics and anatomy at birth.
When LexLint raises it
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