1     
FACE COVERING REQUIREMENTS

2     
2021 FIRST SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill prohibits a face covering requirement in the system of higher education and in
10     the public education system.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     prohibits an institution of higher education from requiring a face covering to
15     participate in or attend instruction, activities, or in any other place on the campus of
16     the institution after the end of the spring semester in 2021;
17          ▸     prohibits the Utah Board of Higher Education from requiring a face covering to
18     participate in or attend instruction, activities, or in any other place on the campus of
19     the institution after the end of the spring semester in 2021; and
20          ▸     prohibits a face covering requirement to participate in or attend instruction,
21     activities, or in any other place on the school campus or facilities in the system of
22     public education after the end of the 2020-2021 school year.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          53B-2-113, as enacted by Laws of Utah 2021, Chapter 258

30          53B-3-103, as last amended by Laws of Utah 2021, Chapter 258
31          53G-9-210, as enacted by Laws of Utah 2021, Chapter 435
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53B-2-113 is amended to read:
35          53B-2-113. Vaccination requirements -- Exemptions -- Face covering
36     requirements.
37          (1) An institution of higher education described in Section 53B-2-101 may not require
38     proof of vaccination as a condition for enrollment or attendance unless the institution allows
39     for the following exemptions:
40          (a) a medical exemption if the student provides to the institution a statement that the
41     claimed exemption is for a medical reason; and
42          (b) a personal exemption if the student provides to the institution a statement that the
43     claimed exemption is for a personal or religious belief.
44          (2) An institution that offers both remote and in-person learning options may not deny
45     a student who is exempt from a requirement to receive a vaccine under Subsection (1) to
46     participate in an in-person learning option based upon the student's vaccination status.
47          (3) (a) For purposes of this Subsection (3), "face covering" means the same as that term
48     is defined in Section 53G-9-210.
49          (b) An institution of higher education described in Section 53B-2-101 may not require
50     an individual to wear a face covering to attend or participate in in-person instruction,
51     institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories,
52     or in any other place on a campus of an institution within the system of higher education at any
53     time after the end of the spring semester in 2021.
54          [(3)] (4) Subsections (1) [and], (2), and (3) do not apply to a student studying in a
55     medical setting at an institution of higher education.
56          [(4)] (5) Nothing in this section restricts a state or local health department from acting
57     under applicable law to contain the spread of an infectious disease.

58          Section 2. Section 53B-3-103 is amended to read:
59          53B-3-103. Power of board to adopt rules and enact regulations.
60          (1) The board may enact regulations governing the conduct of university and college
61     students, faculty, and employees.
62          (2) (a) The board may:
63          (i) enact and authorize higher education institutions to enact traffic, parking, and
64     related regulations governing all individuals on campuses and other facilities owned or
65     controlled by the institutions or the board; and
66          (ii) acknowledging that the Legislature has the authority to regulate, by law, firearms at
67     higher education institutions:
68          (A) authorize higher education institutions to establish no more than one secure area at
69     each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise
70     restrict the lawful possession or carrying of firearms; and
71          (B) authorize a higher education institution to make a rule that allows a resident of a
72     dormitory located at the institution to request only roommates who are not licensed to carry a
73     concealed firearm under Section 53-5-704 or 53-5-705.
74          (b) In addition to the requirements and penalty prescribed in Subsections
75     76-8-311.1(3), (4), (5), and (6), the board shall make rules to ensure that:
76          (i) reasonable means such as mechanical, electronic, x-ray, or similar devices are used
77     to detect firearms, ammunition, or dangerous weapons contained in the personal property of or
78     on the person of any individual attempting to enter a secure area hearing room;
79          (ii) an individual required or requested to attend a hearing in a secure area hearing
80     room is notified in writing of the requirements related to entering a secured area hearing room
81     under this Subsection (2)(b) and Section 76-8-311.1;
82          (iii) the restriction of firearms, ammunition, or dangerous weapons in the secure area
83     hearing room is in effect only during the time the secure area hearing room is in use for
84     hearings and for a reasonable time before and after its use; and
85          (iv) reasonable space limitations are applied to the secure area hearing room as

86     warranted by the number of individuals involved in a typical hearing.
87          (c) (i) The board may not require proof of vaccination as a condition for enrollment or
88     attendance within the system of higher education unless the board allows for the following
89     exemptions:
90          (A) a medical exemption if the student provides to the institution a statement that the
91     claimed exemption is for a medical reason; and
92          (B) a personal exemption if the student provides to the institution a statement that the
93     claimed exemption is for a personal or religious belief.
94          (ii) An institution that offers both remote and in-person learning options may not deny
95     a student who is exempt from a requirement to receive a vaccine under Subsection (2)(c)(i) to
96     participate in an in-person learning option based upon the student's vaccination status.
97          (iii) Subsections (2)(c)(i) and (ii) do not apply to a student studying in a medical setting
98     at an institution of higher education.
99          (iv) Nothing in this section restricts a state or local health department from acting
100     under applicable law to contain the spread of an infectious disease.
101          (d) (i) For purposes of this Subsection (2)(d), "face covering" means the same as that
102     term is defined in Section 53G-9-210.
103          (ii) The board may not require an individual to wear a face covering as a condition of
104     attendance for in-person instruction, institution-sponsored athletics, institution-sponsored
105     extracurricular activities, in dormitories, or in any other place on a campus of an institution
106     within the system of higher education at any time after the end of the spring semester in 2021.
107          (iii) Subsection (2)(d)(ii) does not apply to an individual in a medical setting at an
108     institution of higher education.
109          (3) The board shall enact regulations that require all testimony be given under oath
110     during an employee grievance hearing for a non-faculty employee of an institution of higher
111     education if the grievance hearing relates to the non-faculty employee's:
112          (a) demotion; or
113          (b) termination.

114          (4) The board and institutions may enforce these rules and regulations in any
115     reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of
116     which may be by withholding from money owed the violator, the imposition of probation,
117     suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue
118     certificates, degrees, and diplomas, through judicial process or any reasonable combination of
119     these alternatives.
120          Section 3. Section 53G-9-210 is amended to read:
121          53G-9-210. Requirement for in-person instruction -- Test to stay programs --
122     Face coverings.
123          (1) As used in this section:
124          (a) "Case threshold" means as applicable, the number of students in a school, or
125     percentage of students in a school who meet the conditions described in Subsection (3).
126          (b) "COVID-19" means:
127          (i) severe acute respiratory syndrome coronavirus 2; or
128          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
129          (c) "Extracurricular activity" means the same as that term is defined in Section
130     53G-7-501.
131          (d) "Face covering" means a mask, shield, or other device that is intended to be worn in
132     a manner to cover the mouth, nose, or face to prevent the spread of COVID-19.
133          [(c)] (e) "In-person instruction" means instruction offered by a school that allows a
134     student to choose to attend school in-person at least four days per week if the student:
135          (i) is enrolled in a school that is not implementing a test to stay program; or
136          (ii) (A) is enrolled in a school that is implementing a test to stay program; and
137          (B) meets the test to stay program's criteria for attending school in person.
138          [(d)] (f) "Local Education Agency" or LEA means:
139          (i) a school district;
140          (ii) a charter school, other than an online-only charter school; or
141          (iii) the Utah Schools for the Deaf and the Blind.

142          [(e)] (g) "School" means a school other than an online-only charter school or an
143     online-only public school.
144          [(f)] (h) "Test to stay program" means a program through which an LEA provides
145     testing for COVID-19 for students during an outbreak of COVID-19 at a school in order to:
146          (i) identify cases of COVID-19; and
147          (ii) allow individuals who test negative for COVID-19 to attend school in person.
148          (2) (a) An LEA shall:
149          (i) except as provided in Subsection (2)(b), beginning on March 22, 2021, ensure that a
150     school offers in-person instruction; and
151          (ii) require a school that reaches the case threshold to:
152          (A) fulfill the requirement described in Subsection (2)(a)(i) by initiating a test to stay
153     program for the school; and
154          (B) provide a remote learning option for students who do not wish to attend in person.
155          (b) The requirement to provide in-person instruction described in Subsection (2)(a)
156     does not apply for a temporary period if the governor, the president of the Senate, the speaker
157     of the House of Representatives, and the state superintendent of public instruction jointly
158     concur with an LEA's assessment that due to public health emergency circumstances, the risks
159     related to in-person instruction temporarily outweigh the value of in-person instruction.
160          (3) (a) For purposes of determining whether a school has reached the school's case
161     threshold, a student is included in positive cases for the school if the student:
162          (i) within the preceding 14 days:
163          (A) attended at least some in-person instruction at the school; and
164          (B) tested positive for COVID-19; and
165          (ii) did not receive the student's positive COVID-19 test results through regular
166     periodic testing required to participate in LEA-sponsored athletics or another LEA-sponsored
167     extracurricular activity.
168          (b) (i) A school with 1,500 or more students meets the case threshold if at least 2% of
169     the school's students meet the conditions described in Subsection (3)(a).

170          (ii) A school with fewer than 1,500 students meets the case threshold if 30 or more of
171     the school's students meet the conditions described in Subsection (3)(a).
172          (4) (a) An LEA may not test a student for COVID-19 who is younger than 18 years old
173     without the consent of the student's parent.
174          (b) An LEA may seek advance consent from a student's parent for future testing for
175     COVID-19.
176          (5) An LEA, an LEA governing board, the state board, the state superintendent, or a
177     school may not require an individual to wear a face covering to attend or participate in
178     in-person instruction, LEA-sponsored athletics, or another LEA-sponsored extracurricular
179     activity, or in any other place on the campus of a school or school facility after the end of the
180     2020-2021 school year.
181          Section 4. Effective date.
182          If approved by two-thirds of all the members elected to each house, this bill takes effect
183     upon approval by the governor, or the day following the constitutional time limit of Utah
184     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
185     the date of veto override.