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Senate approves state family‑education privacy bill after debate over psychological testing and parental consent
Summary
Senators passed a substitute to HB403 (Utah Family Education Rights and Privacy Act) after floor debate over parental permission for psychological and psychiatric testing and certain curriculum disclosures; an amendment to fully preserve federal FERPA‑language failed and the substitute passed on recorded vote.
The Utah Senate passed First Substitute House Bill 403, described on the floor as the Utah Family Education Rights and Privacy Act, after contested debate about parental involvement in certain school testing and curriculum disclosures.
Senators questioned whether language in the bill would require parental permission before schools administer psychological or psychiatric testing and whether provisions would extend beyond the federal Family Educational Rights and Privacy Act (FERPA). One senator pointed to specific lines in the bill and said the phrasing could require parental consent for "examinations" and for disclosures related to curriculum; that senator argued the bill as drafted could make routine school testing or curricular activities subject to a multi‑week parental notice process.
Senator Stevenson argued the text specifically addresses psychological and psychiatric testing and urged that parents must give permission before such testing is administered, framing the substitute as a parental‑rights measure. An amendment proposed to preserve the federal FERPA language in full (to avoid unintended expanded restrictions) failed on the floor. The Senate then moved first substitute HB403 under suspension of the rules; recorded vote results show First Substitute HB403 passed with 20 ayes, 3 nays, 6 absent.
The Senate returned the enrolled substitute to the House for further action. Floor discussion emphasized the split between those prioritizing parental consent for sensitive testing and those seeking to keep FERPA‑equivalent protections while avoiding overly broad parental‑permission requirements for curriculum and routine educational activities.
Because the transcript records detailed line references and explicit floor questions about how "examination" and curriculum language were drafted, local school districts and district attorneys are likely to scrutinize the final enrolled bill for operational implications.
