1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill requires the Department of Health to support widespread testing of a school's
10 students for COVID-19 under certain conditions to facilitate a requirement for
11 in-person instruction.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires the Department of Health to provide support to a local education agency
15 (LEA) that initiates widespread COVID-19 testing for a school (test to stay
16 program);
17 ▸ requires that guidance that the Department of Health provides to LEAs related to
18 test to stay programs complies with certain statutory provisions;
19 ▸ requires an institution of higher education to provide a certain number of in-person
20 courses during the 2021-2022 academic year, with certain exceptions;
21 ▸ requires an LEA to ensure that certain schools within the LEA continue to provide
22 in-person instruction;
23 ▸ establishes the case threshold in a school above which the LEA is required to
24 initiate a "test to stay program" for the school; and
25 ▸ enacts provisions related to a "test to stay program", including provisions related to
26 parental consent for COVID-19 testing for the parent's student.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 This bill provides a special effective date.
31 Utah Code Sections Affected:
32 ENACTS:
33 26-6-33, Utah Code Annotated 1953
34 53B-16-111, Utah Code Annotated 1953
35 53G-9-210, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26-6-33 is enacted to read:
39 26-6-33. Department support for local education agency test to stay programs --
40 Department guidance for local education agencies.
41 (1) As used in this section:
42 (a) "Case threshold" means the same as that term is defined in Section 53G-9-210.
43 (b) "COVID-19" means the same as that term is defined in Section 53G-9-210.
44 (c) "Local education agency" or "LEA" means the same as that term is defined in
45 Section 53G-9-210.
46 (d) "Test to stay program" means the same as that term is defined in Section
47 53G-9-210.
48 (2) At the request of an LEA, the department shall provide support for the LEA's test to
49 stay program if a school in the LEA reaches the case threshold, including by providing:
50 (a) COVID-19 testing supplies;
51 (b) a mobile testing unit; and
52 (c) other support requested by the LEA related to the LEA's test to stay program.
53 (3) The department shall ensure that guidance the department provides to LEAs related
54 to test to stay programs complies with Section 53G-9-210, including the determination of
55 whether a school meets a case threshold described in Subsection 53G-9-210(3).
56 Section 2. Section 53B-16-111 is enacted to read:
57 53B-16-111. In-person instruction.
58 (1) As used in this section:
59 (a) "Course" means each section of a course that an institution of higher education
60 offers as:
61 (i) part of a program of instruction; or
62 (ii) a general education requirement.
63 (b) "Institution of higher education" means an institution described in Section
64 53B-1-102.
65 (c) "Program of instruction" means the same as that term is defined in Section
66 53B-16-102.
67 (2) Except as provided in Subsection (3):
68 (a) for the first semester beginning on or immediately after August 1, 2021, an
69 institution of higher education shall offer a number of in-person courses that is at least 75% of
70 the number of in-person courses that the institution of higher education offered for the
71 analogous semester that began immediately on or after August 1, 2019; and
72 (b) for a semester beginning on or immediately after January 1, 2022, an institution of
73 higher education shall offer a number of in-person courses that is at least 75% of the number of
74 in-person courses that the institution of higher education offered at the beginning of the
75 analogous semester that began on or immediately after January 1, 2020.
76 (3) An institution of higher education may offer fewer in-person courses than the
77 number of courses described in Subsection (2):
78 (a) in proportion to the institution of higher education's decline in enrollment if the
79 institution has a decline in enrollment between the analogous semesters described in
80 Subsection (2);
81 (b) for courses that are designed to accommodate nontraditional students who need to
82 participate in online learning; or
83 (c) if a number of vaccinations against COVID-19, as that term is defined in Section
84 53-2c-102, that would allow all willing members of the institution's faculty and staff to be
85 vaccinated has not been available in the state before the beginning of the semester in question.
86 Section 3. Section 53G-9-210 is enacted to read:
87 53G-9-210. Requirement for in-person instruction -- Test to stay programs.
88 (1) As used in this section:
89 (a) "Case threshold" means as applicable, the number of students in a school, or
90 percentage of students in a school who meet the conditions described in Subsection (3).
91 (b) "COVID-19" means:
92 (i) severe acute respiratory syndrome coronavirus 2; or
93 (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
94 (c) "In-person instruction" means instruction offered by a school that allows a student
95 to choose to attend school in-person at least four days per week if the student:
96 (i) is enrolled in a school that is not implementing a test to stay program; or
97 (ii) (A) is enrolled in a school that is implementing a test to stay program; and
98 (B) meets the test to stay program's criteria for attending school in person.
99 (d) "Local Education Agency" or LEA means:
100 (i) a school district;
101 (ii) a charter school, other than an online-only charter school; or
102 (iii) the Utah Schools for the Deaf and the Blind.
103 (e) "School" means a school other than an online-only charter school or an online-only
104 public school.
105 (f) "Test to stay program" means a program through which an LEA provides testing for
106 COVID-19 for students during an outbreak of COVID-19 at a school in order to:
107 (i) identify cases of COVID-19; and
108 (ii) allow individuals who test negative for COVID-19 to attend school in person.
109 (2) (a) An LEA shall:
110 (i) except as provided in Subsection (2)(b), beginning on March 22, 2021, ensure that a
111 school offers in-person instruction; and
112 (ii) require a school that reaches the case threshold to:
113 (A) fulfill the requirement described in Subsection (2)(a)(i) by initiating a test to stay
114 program for the school; and
115 (B) provide a remote learning option for students who do not wish to attend in person.
116 (b) The requirement to provide in-person instruction described in Subsection (2)(a)
117 does not apply for a temporary period if the governor, the president of the Senate, the speaker
118 of the House of Representatives, and the state superintendent of public instruction jointly
119 concur with an LEA's assessment that due to public health emergency circumstances, the risks
120 related to in-person instruction temporarily outweigh the value of in-person instruction.
121 (3) (a) For purposes of determining whether a school has reached the school's case
122 threshold, a student is included in positive cases for the school if the student:
123 (i) within the preceding 14 days:
124 (A) attended at least some in-person instruction at the school; and
125 (B) tested positive for COVID-19; and
126 (ii) did not receive the student's positive COVID-19 test results through regular
127 periodic testing required to participate in LEA-sponsored athletics or another LEA-sponsored
128 extracurricular activity.
129 (b) (i) A school with 1,500 or more students meets the case threshold if at least 2% of
130 the school's students meet the conditions described in Subsection (3)(a).
131 (ii) A school with fewer than 1,500 students meets the case threshold if 30 or more of
132 the school's students meet the conditions described in Subsection (3)(a).
133 (4) (a) An LEA may not test a student for COVID-19 who is younger than 18 years old
134 without the consent of the student's parent.
135 (b) An LEA may seek advance consent from a student's parent for future testing for
136 COVID-19.
137 Section 4. Effective date.
138 If approved by two-thirds of all the members elected to each house, this bill takes effect
139 upon approval by the governor, or the day following the constitutional time limit of Utah
140 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
141 the date of veto override.