Panel passes bill giving students greater control over educational records with FERPA caveat
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Summary
The committee recommended SB 2.96, which affirms student control over educational data (especially higher education transcripts), requires informed consent for disclosure, allows revocation, and preserves FERPA rights; members asked clarifying questions about minors and FERPA applicability.
Senator Colmore presented SB 2.96 to affirm students’ rights to access and control disclosure of their own education records, with particular focus on higher education transcripts and credential data.
Key provisions include requirements for "true informed consent" — institutions must tell students what data is being shared, with whom, for what purpose and for how long — and a right to revoke consent. The bill prohibits institutions from bundling unrelated terms or forcing students to waive rights to obtain services. It restricts disclosures to bona fide educational purposes and gives students a private right of action against third parties who misuse data; institutions that follow statute are shielded from third‑party misuse liability, the sponsor said.
Several committee members asked how the bill treats minors and FERPA: Heidi Alder, general counsel for Weber School District, noted that under FERPA parents hold rights for students under 18 and the bill includes language to preserve FERPA responsibilities. Representative Peterson and others requested follow‑up clarifications and possible small amendments before floor action.
Committee action: Representative Elison moved and the committee voted unanimously to recommend the substitute favorably. The sponsor and members indicated they would coordinate clarifying language regarding minors and FERPA before floor consideration.
Next steps: The bill will proceed to the Legislature floor with committee support; sponsors plan to confirm FERPA interactions and minor‑consent language.
