DATE:
June 13, 2024
TO:
Principals
Assistant Principals
FROM:
Michael Anderson, Associate Superintendent
Travis Hamblin, Director, Student Services
Caleb Olson, Enrollment Consultant, Student Services
SUBJECT:
UPDATED: HB182 Compliance Regarding Surveys and Preferred Pronoun Use
Utah Code §53E-9-203 prohibits schools and school employees from administering any “psychological or psychiatric examination, test, or treatment, or any survey, analysis or evaluation” (emphasis added) where the purpose is to cause a student to identify information in one of the following eight areas:
- political affiliations or, except as provided under Section 53G-10-202 or rules of the state board, political philosophies;
- mental or psychological problems;
- sexual behavior, orientation, or attitudes;
- illegal, anti-social, self-incriminating, or demeaning behavior;
- critical appraisals of individuals with whom the student or family member has close family relationships;
- religious affiliations or beliefs;
- legally recognized privileged and analogous relationships, such as those with lawyers, medical personnel, or ministers; and
- income, except as required by law.
HB 182, which passed in the 2024 Utah legislative session and takes effect on July 1, 2024, amends the third item in this list to read as follows (emphasis added):
- sexual behavior, orientation, gender identity, or attitudes;
To ensure compliance with HB 182 after July 1, 2024, the following guidance for “beginning-of-year” activities or documents should be noted and communicated to staff:
- Students should not be asked or otherwise surveyed (including questions on “About Me” or “Getting to Know You”-style assignments and activities) as to their sexual or gender identity or preferred pronouns.
- Documents or disclosure statements that include this type of survey question about gender identity or preferred pronouns should not be approved by administrators when conducting annual reviews and approvals as required by District Policy AA 432 - Student Attendance and Teacher Disclosure Statements.
Additionally, staff should be reminded that HB182 also establishes a requirement that any survey related to an early warning system (i.e. Panorama), social emotional learning question, or the school climate system requires parental OPT-IN during registration at the beginning of the school year, adding an additional clearance step to the prohibitions listed above. The opt-in information is included in summer registration materials for District-sponsored surveys.
