New state survey rules: HB 182 requires active parental consent at registration for some student surveys

Katie, a member of the Utah State Board of Education privacy team, outlined how HB 182 amends Utah’s student‑survey law and what school systems must do to comply. The law updates the state’s version of a PPRA‑style statute to explicitly treat items such as preferred pronouns and gender identity as protected topics that require parental consent before educators solicit them.

The legislation creates a narrower, earlier consent window for three categories of surveys. For surveys tied to an early warning system, surveys containing social‑emotional learning (SEL) questions, and the USBE school climate survey, HB 182 requires active parental consent collected at the time a student registers for school. Katie said that “active consent” means parents must affirmatively opt in rather than be given a passive opt‑out.

USBE staff explained the expanded notice requirements that must accompany consent opportunities: parents should receive the actual survey questions (or a direct link to them), a statement of intended purpose and uses for the data, the classes of persons or entities who will receive the data (including contractors), and information about relevant records series and retention. Katie said separate notices are expected for each of the three specified survey types because the data uses differ.

Schools are prohibited from incentivizing participation or penalizing nonparticipation. Katie reiterated that the law does not bar students from volunteering information to staff, but it does bar teachers and LEAs from soliciting protected‑topic answers without consent. The presenter also flagged implementation questions for the current year: because many LEAs already completed registration, districts must decide locally how to handle surveys scheduled this year and whether to seek sponsor clarification.

On social‑emotional learning surveys, Katie advised LEAs to consider drafting local definitions and policies because the bill and USBE staff stop short of a statewide definition. She also noted the school climate survey will remain available through USBE but is no longer mandatory; USBE staff will continue to administer it biennially and provide support for LEAs that opt in.

USBE committed to drafting example consent and notice language and distributing guidance to LEAs through the department’s regular channels. Katie urged local districts to consult legal counsel when needed and to prepare training for teachers on what they may and may not solicit.

The presentation closed after extended Q&A about consent portability (school versus LEA), implications for sampled assessments and third‑party vendor questionnaires, and whether incentives such as small thank‑you gifts could be perceived as unlawful under the bill’s rules. Katie said USBE will provide model wording and additional clarification in the coming weeks.