Text of UT SB 100 (2023)

S.B. 100 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M. Curtis 6 6 01-17-23 8:31 AM 6 S.B. 100 1 SCHOOL DISTRICT GENDER IDENTITY POLICIES 2 2023 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Todd D. Weiler 5 House Sponsor: ____________ 6 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 C prohibiting a parent's access to information regarding the parent's child; or 18 C 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 27 *SB0100* S.B. 100 01-17-23 8:31 AM - 2 - 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.

Enrolled Copy S.B. 100 1 SCHOOL GENDER IDENTITY POLICIES 2 2023 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Todd D. Weiler 5 House Sponsor: Stephanie Gricius 6 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 the education record of the parent's child; and 16 < prohibits a school or local education agency from prohibiting a parent's access to the 17 education record of the parent's child. 18 Money Appropriated in this Bill: 19 None 20 Other Special Clauses: 21 This bill provides a special effective date. 22 Utah Code Sections Affected: 23 ENACTS: 24 53E-9-205, Utah Code Annotated 1953 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 53E-9-205 is enacted to read: 28 53E-9-205. Parental right to student information. S.B. 100 Enrolled Copy - 2 - 29 (1) As used in this section: 30 (a) "Education record" means the same as that term is defined in Section 53E-9-204. 31 (b) "Gender identity" means the same as that term is defined in Section 34A-5-102. 32 (c) "Parent" means a parent or legal guardian with legal custody of the child in 33 question. 34 (d) "Sex" means the biological, physical condition of being male or female, determined 35 by an individual's genetics and anatomy at birth. 36 (2) In accordance with Section 53E-2-201, each school and each local governing board 37 shall ensure that no policy or action of the school or LEA: 38 (a) except as provided in Subsection 53E-9-203(6), operates to shield a student's 39 education record from the student's parent; and 40 (b) interferes with a parent's: 41 (i) fundamental parental right and primary responsibility to direct the education of the 42 parent's child; and 43 (ii) freedom of access to information regarding the parent's child. 44 (3) Notwithstanding any other provision of law, a school or LEA may not: 45 (a) prohibit a parent of a child from accessing the child's education record; or 46 (b) without written parental consent make changes to a student's education record 47 regarding a student's gender identity that does not conform with the student's sex. 48 Section 2. Effective date. 49 If approved by two-thirds of all the members elected to each house, this bill takes effect 50 upon approval by the governor, or the day following the constitutional time limit of Utah 51 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, 52 the date of veto override.