Representative Cheryl K. Acton proposes the following substitute bill:


1     
PARTICIPATION WAIVER AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Cheryl K. Acton

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies how a school responds when a student refrains from participation in
10     school due to a student's or a student's parent's religious belief or right of conscience.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     clarifies how a school responds when a student refrains from participation in school
15     due to a student's or a student's parent's religious belief or right of conscience,
16     consistent with Utah Constitution, Article I, Section 4;
17          ▸     grants the State Board of Education rulemaking authority; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53G-10-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
26          53G-10-205, as last amended by Laws of Utah 2019, Chapter 293
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53G-10-203 is amended to read:
30          53G-10-203. Expressions of belief -- Discretionary time.
31          (1) Expression of personal beliefs by a student participating in school-directed
32     curricula or activities may not be prohibited or penalized unless the expression unreasonably
33     interferes with order or discipline, threatens the well-being of persons or property, or violates
34     concepts of civility or propriety appropriate to a school setting.
35          (2) (a) As used in this section, "discretionary time" means noninstructional time during
36     which a student is free to pursue personal interests.
37          (b) Free exercise of voluntary religious practice or freedom of speech by students
38     during discretionary time shall not be denied unless the conduct unreasonably interferes with
39     the ability of school officials to maintain order and discipline, unreasonably endangers persons
40     or property, or violates concepts of civility or propriety appropriate to a school setting.
41          (3) Any limitation under [Sections 53G-10-203 and 53G-10-205] this section on
42     student expression, practice, or conduct shall be by the least restrictive means necessary to
43     satisfy the school's interests [as stated in those sections], or to satisfy another specifically
44     identified compelling governmental interest.
45          Section 2. Section 53G-10-205 is amended to read:
46          53G-10-205. Waivers of participation.
47          (1) As used in this section[, "school"]:
48          (a) "School" means a public school.
49          (b) "Student" means a public school student in kindergarten through grade 12.
50          [(2) If a parent of a student, or a secondary student, determines that the student's
51     participation in a portion of the curriculum or in an activity would require the student to affirm
52     or deny a religious belief or right of conscience, or engage or refrain from engaging in a
53     practice forbidden or required in the exercise of a religious right or right of conscience, the
54     parent or the secondary student may request:]
55          [(a) a waiver of the requirement to participate; or]
56          [(b) a reasonable alternative that requires reasonably equivalent performance by the
57     student of the secular objectives of the curriculum or activity in question.]
58          [(3)] (2) (a) In accordance with Utah Constitution, Article I, Section 4, a student may
59     refrain from participation in any aspect of school that violates a religious belief or right of
60     conscience of the student.
61          (b) A school may not, in any aspect of school:
62          (i) require or incentivize a student to affirm or deny a student or a student's parent's
63     religious belief or right of conscience;
64          (ii) engage a student in a practice that violates or is contrary to a student's or a student's
65     parent's religious belief or right of conscience; and
66          (iii) penalize or discriminate against a student for refraining from participation due to
67     the student's or the student's parent's religious belief or right of conscience.
68          (3) [The school shall] When a student refrains from participating in any aspect of
69     school that violates the student's or the student's parent's religious belief or right of conscience,
70     the school:
71          (a) shall promptly notify a student's parent [if the secondary student makes a request
72     under Subsection (2).];
73          (b) may offer an alternative that does not violate the student's or the student's parent's
74     religious belief or right of conscience; and
75          (c) may not require the student or the student's parent to explain, defend, or justify the
76     student's or the student's parent's religious belief or right of conscience.
77          (4) A student's parent may waive the student's participation in any aspect of school that
78     violates the student's or the student's parent's religious belief or right of conscience.
79          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
80     state board shall make rules consistent with this section.
81          [(4) If a request is made under Subsection (2), the school shall:]
82          [(a) waive the participation requirement;]
83          [(b) provide a reasonable alternative to the requirement; or]
84          [(c) notify the requesting party that participation is required.]
85          [(5) The school shall ensure that the provisions of Subsection 53G-10-203(3) are met
86     in connection with any required participation under Subsection (4)(c).]
87          [(6) A student's academic or citizenship performance may not be penalized if the
88     secondary student or the student's parent chooses to exercise a religious right or right of
89     conscience in accordance with the provisions of this section.]