53A-13-101.2. Waivers of participation.
(1) If a parent with legal custody or other legal guardian of a student, or a secondary
student, determines that the student's participation in a portion of the curriculum or in an activity
would require the student to affirm or deny a religious belief or right of conscience, or engage or
refrain from engaging in a practice forbidden or required in the exercise of a religious right or
right of conscience, the parent, guardian, or student may request:
(a) a waiver of the requirement to participate; or
(b) a reasonable alternative that requires reasonably equivalent performance by the
student of the secular objectives of the curriculum or activity in question.
(2) The school shall promptly notify a student's parent or guardian if the student makes a
request under Subsection (1).
(3) If a request is made under Subsection (1), the school shall:
(a) waive the participation requirement;
(b) provide a reasonable alternative to the requirement; or
(c) notify the requesting party that participation is required.
(4) The school shall ensure that the provisions of Subsection 53A-13-101.3(3) are met in
connection with any required participation under Subsection (3)(c).
(5) A student's academic or citizenship performance may not be penalized by school
officials for the exercise of a religious right or right of conscience in accordance with the
provisions of this section.
Amended by Chapter 114, 2007 General Session
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Last revised: Thursday, May 28, 2009