H.B. 22 Enrolled

CIVIC AND CHARACTER EDUCATION IN
SCHOOLS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: LaVar Christensen

LONG TITLE
General Description:
This bill provides legislative recognition that Civic and Character Education are
fundamental elements of the public education system's core mission and constitutional
responsibility and shall be taught in connection with regular school work.
Highlighted Provisions:
This bill:
. provides definitions;
. provides legislative recognition of the fundamental civic purpose and constitutional
responsibility of public education;
. requires Civic and Character Education to be taught through an integrated
curriculum in connection with regular school work; and
. consolidates requirements for the teaching of Civic and Character Education.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-13-101, as last amended by Chapter 299, Laws of Utah 2002
ENACTS:
53A-13-109, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-13-101 is amended to read:
53A-13-101. Instruction in health -- Parental consent requirements -- Conduct and
speech of school employees and volunteers -- Political and religious doctrine prohibited.
(1) (a) The State Board of Education shall establish curriculum requirements under
Section 53A-1-402 , that include instruction in:
(i) community and personal health;
(ii) physiology;
(iii) personal hygiene; and
(iv) prevention of communicable disease.
(b) (i) That instruction shall stress:
(A) the importance of abstinence from all sexual activity before marriage and fidelity after
marriage as methods for preventing certain communicable diseases; and
(B) personal skills that encourage individual choice of abstinence and fidelity.
(ii) (A) At no time may instruction be provided, including responses to spontaneous
questions raised by students, regarding any means or methods that facilitate or encourage the
violation of any state or federal criminal law by a minor or an adult.
(B) Subsection (1)(b)(ii)(A) does not preclude an instructor from responding to a
spontaneous question as long as the response is consistent with the provisions of this section.
(c) (i) The board shall recommend instructional materials for use in the curricula required
under Subsection (1)(a) after considering evaluations of instructional materials by the State
Instructional Materials Commission.
(ii) A local school board may choose to adopt:
(A) the instructional materials recommended under Subsection (1)(c)(i); or
(B) other instructional materials as provided in state board rule.
(iii) The state board rule made under Subsection (1)(c)(ii)(B) shall include, at a minimum:
(A) that the materials adopted by a local school board under Subsection (1)(c)(ii)(B) shall
be based upon recommendations of the school district's Curriculum Materials Review Committee

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that comply with state law and state board rules emphasizing abstinence before marriage and
fidelity after marriage, and prohibiting instruction in:
(I) the intricacies of intercourse, sexual stimulation, or erotic behavior;
(II) the advocacy of homosexuality;
(III) the advocacy or encouragement of the use of contraceptive methods or devices; or
(IV) the advocacy of sexual activity outside of marriage;
(B) that the adoption of instructional materials shall take place in an open and regular
meeting of the local school board for which prior notice is given to parents and guardians of
students attending schools in the district and an opportunity for them to express their views and
opinions on the materials at the meeting;
(C) provision for an appeal and review process of the local school board's decision; and
(D) provision for a report by the local school board to the State Board of Education of
the action taken and the materials adopted by the local school board under Subsections
(1)(c)(ii)(B) and (1)(c)(iii).
(2) (a) Instruction in the courses described in Subsection (1) shall be consistent and
systematic in grades eight through 12.
(b) At the request of the board, the Department of Health shall cooperate with the board
in developing programs to provide instruction in those areas.
(3) (a) The board shall adopt rules that:
(i) provide that the parental consent requirements of Sections 76-7-322 and 76-7-323 are
complied with; and
(ii) require a student's parent or legal guardian to be notified in advance and have an
opportunity to review the information for which parental consent is required under Sections
76-7-322 and 76-7-323 .
(b) The board shall also provide procedures for disciplinary action for violation of Section
76-7-322 or 76-7-323 .
[(4) Honesty, temperance, morality, courtesy, obedience to law, respect for and an
understanding of the Declaration of Independence and the Constitutions of the United States and

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the state of Utah, Utah history including territorial and preterritorial development to the present,
the essentials and benefits of the free enterprise system, respect for parents and home, and the
dignity and necessity of honest labor and other skills, habits, and qualities of character which will
promote an upright and desirable citizenry and better prepare students for a richer, happier life
shall be taught in connection with regular school work.]
[(5)] (4) (a) In keeping with the requirements of [Subsection (4)] Section 53A-13-109 ,
and because school employees and volunteers serve as examples to their students, school
employees or volunteers acting in their official capacities may not support or encourage criminal
conduct by students, teachers, or volunteers.
(b) To ensure the effective performance of school personnel, the limitations described in
Subsection [(5)] (4)(a) also apply to school employees or volunteers acting outside of their
official capacities if:
(i) they knew or should have known that their action could result in a material and
substantial interference or disruption in the normal activities of the school; and
(ii) that action does result in a material and substantial interference or disruption in the
normal activities of the school.
(c) Neither the State Office of Education nor local school districts may provide training of
school employees or volunteers that supports or encourages criminal conduct.
(d) The State Board of Education shall adopt rules implementing this section.
(e) Nothing in this section limits the ability or authority of the State Board of Education
and local school boards to enact and enforce rules or take actions that are otherwise lawful,
regarding educators', employees', or volunteers' qualifications or behavior evidencing unfitness for
duty.
[(6)] (5) Except as provided in Section 53A-13-101.1 , political, atheistic, sectarian,
religious, or denominational doctrine may not be taught in the public schools.
[(7)] (6) (a) Local school boards and their employees shall cooperate and share
responsibility in carrying out the purposes of this chapter.
(b) Each school district shall provide appropriate inservice training for its teachers,

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counselors, and school administrators to enable them to understand, protect, and properly instruct
students in the values and character traits referred to in this section and Sections 53A-13-101.1 ,
53A-13-101.2 , 53A-13-101.3 , 53A-13-109 , 53A-13-301 , and 53A-13-302 and distribute
appropriate written materials on the values, character traits, and conduct to each individual
receiving the inservice training.
(c) The written materials shall also be made available to classified employees, students,
and parents and guardians of students.
(d) In order to assist school districts in providing the inservice training required under
Subsection [(7)] (6)(b), the State Board of Education shall as appropriate, contract with a
qualified individual or entity possessing expertise in the areas referred to in Subsection [(7)] (6)(b)
to develop and disseminate model teacher inservice programs which districts may use to train the
individuals referred to in Subsection [(7)] (6)(b) to effectively teach the values and qualities of
character referenced in that subsection.
(e) In accordance with the provisions of Subsection [(5)] (4)(c), inservice training may
not support or encourage criminal conduct.
[(8)] (7) If any one or more provision, subsection, sentence, clause, phrase, or word of
this section, or the application thereof to any person or circumstance, is found to be
unconstitutional, the balance of this section shall be given effect without the invalid provision,
subsection, sentence, clause, phrase, or word.
Section 2. Section 53A-13-109 is enacted to read:
53A-13-109. Civic and Character Education -- Definitions -- Legislative finding --
Elements.
(1) As used in this section:
(a) "Character Education" means reaffirming values and qualities of character which
promote an upright and desirable citizenry.
(b) "Civic Education" means the cultivation of informed, responsible participation in
political life by competent citizens committed to the fundamental values and principles of
representative democracy in Utah and the United States.

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(c) "Values" means time-established principles or standards of worth.
(2) The Legislature recognizes that:
(a) Civic and Character Education are fundamental elements of the public education
system's core mission as originally intended and established under Article X of the Utah
Constitution;
(b) Civic and Character Education are fundamental elements of the constitutional
responsibility of public education and shall be a continuing emphasis and focus in public schools;
(c) the cultivation of a continuing understanding and appreciation of representative
democracy in Utah and the United States among succeeding generations of educated and
responsible citizens is important to the nation and state;
(d) the primary responsibility for the education of children within the state resides with
their parents or guardians and that the role of state and local governments is to support and assist
parents in fulfilling that responsibility;
(e) public schools fulfill a vital purpose in the preparation of succeeding generations of
informed and responsible citizens who are deeply attached to essential democratic values and
institutions; and
(f) the happiness and security of American society relies upon the public virtue of its
citizens which requires a united commitment to a moral social order where self-interests are
willingly subordinated to the greater common good.
(3) Through an integrated curriculum, students shall be taught in connection with regular
school work:
(a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
(b) respect for and an understanding of the Declaration of Independence and the
Constitutions of the United States and of the State of Utah;
(c) Utah history, including territorial and preterritorial development to the present;
(d) the essentials and benefits of the free enterprise system;
(e) respect for parents, home, and family;
(f) the dignity and necessity of honest labor; and

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(g) other skills, habits, and qualities of character which will promote an upright and
desirable citizenry and better prepare students to recognize and accept responsibility for
preserving and defending the blessings of liberty inherited from prior generations and secured by
the constitution.
(4) Local school boards and school administrators may provide training, direction, and
encouragement, as needed, to accomplish the intent and requirements of this section and to
effectively emphasize Civic and Character Education in the course of regular instruction in the
public schools.
(5) Civic and Character Education in public schools are:
(a) not intended to be separate programs in need of special funding or added specialists to
be accomplished; and
(b) core principles which reflect the shared values of the citizens of Utah and the founding
principles upon which representative democracy in the United States and the state of Utah are
based.

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