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Utah Senate narrows school surveys but rejects mandatory parental consent, advancing bill to third reading

Utah State Senate · January 26, 2000
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Summary

After extended debate, the Utah Senate approved Senate Bill 37 to regulate school surveys on violence and substance use, keeping an opt‑out model rather than requiring affirmative parental consent; the measure passed 16–13 and moves to third reading.

Senate Bill 37, a measure to regulate school surveys about student violence, tobacco, drugs and alcohol, passed the Utah Senate and advanced to third reading after a long floor debate on Jan. 25.

Sponsor Senator Gordon Montgomery said the bill creates a layered approval process for surveys, including a 13‑member review committee (seven of whom must be parents), teacher training requirements, mandatory parental notification at least two weeks before a survey and a rule that completed surveys be destroyed within 10 days. He said the changes remove earlier language that had permitted questions about sexual activity and limit surveys to issues such as school violence and substance use.

Montgomery told colleagues that written parental permission historically produced low response rates and higher costs: “The reason for this bill is actually to get an increased participation,” and he cited the difference in per‑survey cost — about $2.50 without affirmative written consent versus roughly $10 when staff must do personal follow‑up to reach an 80% participation rate.

Opponents argued the bill weakens parental authority and risks exposing children to intrusive topics. Senator Stevenson, invoking the Utah Family Educational Rights and Privacy Act, said, “This bill changes what we have established and what teachers have been taught” and warned that the bill lacks a reliable way to confirm parents actually received notice. Senator Evans called for strengthening, not loosening, parental control and urged defeat of the measure.

Supporters — including senators who identified themselves as PTA members or parents — said surveys are essential to gather data needed to design prevention programs. Senator Hall said such surveys allowed schools to “develop programs that will actually confront what was really happening out there.” Senator Hilliard, who voted for the bill, emphasized concern about youth behavior and the need for information: “We live in a society of great denial,” he said, arguing confidential, well‑designed surveys help officials set priorities.

The Senate’s final roll call recorded 16 ayes and 13 nays; the bill therefore passed to the third reading calendar. The bill text requires local committees and parental notice; it preserves parents’ right to deny their children’s participation but stops short of requiring affirmative written consent as a condition for administering surveys.

Next steps: SB37 will be read again on the third‑reading calendar and may face amendment or further debate before final passage or transmittal to the House.