HB 182 will require opt‑in consent at registration for certain student surveys, USBE staff say

USBE privacy staff reviewed the effects of recent legislation on student and employee data practices, telling LEA data leads that House Bill 182 establishes new registration‑level opt‑in consent for three survey categories: surveys used as part of early warning systems, surveys with social‑emotional learning (SEL) questions, and the school climate survey.

Nicole Sanchez, filling in for the privacy presenter, summarized the statutory requirements: parents must opt in at registration and the notice must include the actual survey questions, the intended purpose and use of the data, and any government entities that will receive or share the data. Nicole said that 'the consent is not opt out. It's opt in.'

Staff clarified that HB 84 requires LEAs to use an early warning system but does not require LEAs to use the EWS surveys; if an LEA does use an EWS survey it must collect the statutorily required opt‑in consent at registration. USBE said 'surveys with social‑emotional learning questions' is not defined in the bill and that the agency is seeking guidance on how to interpret that term or whether LEAs may adopt local definitions.

USBE also noted HB 491 will bring further changes that mostly affect employee data. Staff pointed LEAs to recorded spring trainings and a legislative highlights document, and invited questions to privacy@schools.utah.gov for follow‑up and training requests.

Next steps: USBE plans additional guidance and training, and recommended LEAs review registration processes to support collecting specific opt‑in consent where the local choice or statute requires it.