Chief Sponsor: Karianne Lisonbee

Senate Sponsor: John D. Johnson


8     General Description:
9          This concurrent resolution addresses issues relating to the education of children.
10     Highlighted Provisions:
11          This resolution:
12          ▸     reaffirms that the state is secondary to and supportive of the primary role of a parent
13     in educating the parent's children; and
14          ▸     recognizes the importance of flexibility in education schedules and systems and
15     commits to support options for parents and children.
16     Special Clauses:
17          None

19     Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
20          WHEREAS, Section 62A-4a-201 of the Utah Code establishes that under "both the
21     United States Constitution and the constitution of this state, a parent possesses a fundamental
22     liberty interest in the care, custody, and management of the parent's children";
23          WHEREAS, Section 62A-4a-201 also states that a parent has the "right, obligation,
24     responsibility, and authority" to educate the parent's children;
25          WHEREAS, the law also makes clear that the state's role in education is "secondary and
26     supportive to the primary role of a parent";
27          WHEREAS, Utah's Public and Private Education Systems have demonstrated their

28     ability to provide, and the importance of, flexibility in education schedules and systems and of
29     adapting to different learning styles;
30          WHEREAS, Section 53G-6-204 fully exempts a child from compulsory education if the
31     child's parent elects to enroll the child in private school or to home school the child;
32          WHEREAS, "pandemic pods," private schools, home schools, tutors, and other
33     alternative educational systems have provided families additional options to support their
34     child's education during the ongoing COVID-19 pandemic;
35          WHEREAS, state law regarding education should be accommodating of different
36     learning options and family preferences, and always be "secondary and supportive" to the
37     parent's decision; and
38          WHEREAS, parents and families are best served when they have many options from
39     which to choose to match educational opportunities to the specific needs and interests of their
40     children:
41          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
42     Governor concurring therein, reaffirms that the state of Utah is secondary and supportive to the
43     primary role of a parent in educating the parent's children.
44          BE IT FURTHER RESOLVED that the Legislature, the Governor concurring therein,
45     recognizes the importance of flexibility in education schedules and systems and commits to
46     continue to support options for parents and children.