(1) As used in this section:

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Terms Used In Utah Code 53E-9-205

  • Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
  • LEA: means :
         (6)(a) a school district;
         (6)(b) a charter school; or
         (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
  • Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
  • Parent: means a parent or legal guardian. See Utah Code 53E-1-102
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
     (1)(a) “Education record” means the same as that term is defined in Section 53E-9-204.
     (1)(b) “Gender identity” means the same as that term is defined in Section 34A-5-102.
     (1)(c) “Parent” means a parent or legal guardian with legal custody of the child in question.
     (1)(d) “Sex” means the biological, physical condition of being male or female, determined by an individual’s genetics and anatomy at birth.
(2) In accordance with Section 53E-2-201, each school and each local governing board shall ensure that no policy or action of the school or LEA:

     (2)(a) except as provided in Subsection 53E-9-203(6), operates to shield a student’s education record from the student’s parent; and
     (2)(b) interferes with a parent’s:

          (2)(b)(i) fundamental parental right and primary responsibility to direct the education of the parent’s child; and
          (2)(b)(ii) freedom of access to information regarding the parent’s child.
(3) Notwithstanding any other provision of law, a school or LEA may not:

     (3)(a) prohibit a parent of a child from accessing the child’s education record; or
     (3)(b) without written parental consent make changes to a student’s education record regarding a student’s gender identity that does not conform with the student’s sex.