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House passes bill to shield FERPA educational records from GRAMA after contentious floor debate
Summary
HB 288 passed the House 62–9 to exclude FERPA-covered educational records from GRAMA public-disclosure rules; supporters cited student privacy after a local case, while media-coalition speakers warned the change removes transparency and record-management safeguards.
Representative Hall introduced House Bill 288 after citing a local case in which school-district investigation records — statements from minors about alleged abuse — were ordered released under the state records process. Hall argued the bill would protect victims and preserve the willingness of students and parents to cooperate with investigations.
"These types of records, these FERPA educational records should not be subject to GRAMA," Hall said, adding that the bill is the state's policy decision to treat educational records similar to HIPAA medical records in terms of non-disclosure under GRAMA.
Representative Brian King, speaking for the Utah Media Coalition, called the bill an overreaction that would remove important record-management rules, appeals procedures and transparency safeguards. King said GRAMA already provides redaction mechanisms and that the records-board process had addressed the specific case at issue.
Other members split along privacy and transparency lines. Representative Anderegg and others supported the bill on privacy grounds, saying FERPA protections are analogous to HIPAA for sensitive records; opponents worried the blanket exclusion would eliminate statutory processes that govern retention, sharing among agencies and judicial access.
The sponsor contended appellate rights remain: if the records board deems a record an "educational record" exempt from GRAMA, an interested party could still challenge that determination in district court. After a motion to end debate, the House voted 62 yes to 9 no to pass HB 288. The bill will be transmitted to the Senate.
