Senate advances bill easing rules on commercial school surveys after heated debate

Salt Lake City — The Utah Senate on Feb. 18 advanced Senate Bill 228, a measure that would allow certain large commercial student surveys in public schools by treating parental nonresponse as assent after a district-level review and notification period.

Senator Neil Montgomery, sponsor of the bill, said it is intended to preserve participation in multi-district surveys that inform state and federal program planning. Montgomery told the Senate the legislation creates a 13-member review committee and limits the change to commercial polling firms that certify responses are for statistical purposes and that individually identifiable data will be destroyed within five working days.

The bill touched off a prolonged floor debate over parental rights. Senator Stevenson offered an amendment to require notice be delivered "in person, by telephone, or by mail," which he said would guarantee parents a direct, provable opportunity to opt their children out. Stevenson specifically proposed inserting the words "in person, by telephone, or by mail." "I think it's extremely important that we respect the right of parents," Stevenson said during debate.

Senator Ron Allen countered the amendment, saying it "makes the bill virtually worthless" and would defeat the bill's purpose of securing statistically valid surveys. "These surveys are essential to receiving state and federal funds for finding out how we're doing in the schools," Allen said.

Senator Nielsen criticized the bill's presumption of consent, calling it "quite a stretch to presume that if they don't answer, they must want" the child to be included. Other senators emphasized practical concerns: low parental response rates in prior school surveys and the cost or logistical burden of certified mail or personal contact in two-income households.

After debate and a roll-call on Stevenson’s amendment failed, the Senate voted to advance SB 228 to the third-reading calendar. The chair announced the measure passed second reading and advanced to third reading with a recorded tally of 16 aye votes, 11 nay votes and 2 absent.

The bill’s supporters said the exception applies narrowly to multi-district or statewide commercial surveys that meet committee review and data-protection criteria; opponents said presumed consent would erode parental control and risk exposing children to intrusive or leading questions. Senator Montgomery said parents may give a blanket refusal at the start of a school year if they do not want their children included.

The Senate will consider the bill on third reading at a later date. The transcript records multiple senators pressing for clearer language on presumed consent and for additional amendments if the bill moves forward.