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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
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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.
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55 medical setting at an institution of higher education.
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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) "Face covering" means a mask, shield, or other device that is intended to be worn in
130 a manner to cover the mouth, nose, or face to prevent the spread of COVID-19.
131 (d) "Extracurricular activity" means the same as that term is defined in Section
132 53G-7-501.
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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.
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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.
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143 online-only public school.
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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.