This document includes House Floor Amendments incorporated into the bill on Mon, Feb 26, 2024 at 3:27 PM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions that prohibit school officials and employees from
10 endorsing, promoting, or disparaging certain beliefs or viewpoints.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends provisions that prohibit school officials and employees from endorsing,
14 promoting, or disparaging certain beliefs or viewpoints;
15 ▸ clarifies the application of the prohibition on viewpoint partiality;
16 ▸ provides indemnification for claims arising from the prohibition on viewpoint
17 partiality; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides a special effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 53G-10-202, as last amended by Laws of Utah 2023, Chapter 294
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53G-10-202 is amended to read:
29 53G-10-202. Maintaining constitutional freedom in the public schools -
30 Viewpoint neutrality.
31 (1) Except as provided in this section and Section 53G-10-206, any instructional
32 activity, performance, or display which includes examination of or presentations about religion,
33 political or religious thought or expression, or the influence thereof on music, art, literature,
34 law, politics, history, or any other element of the curriculum, including the comparative study
35 of religions, which is designed to achieve academic educational objectives included within the
36 context of a course or activity and conducted in accordance with applicable rules or policies of
37 the state and LEA governing boards, may be undertaken in the public schools.
38 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
39 be included within or excluded from public school curricula for the primary reason that it
40 affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
41 of a spiritual realm or supreme being.
42 (3) Public schools may not sponsor or deny the practice of prayer or religious
43 devotionals.
44 (4) (a) School officials and employees may not:
45 (i) use [
46 materials, or a display of symbols, images, or language to endorse, promote, or disparage a
47 particular:
48 (A) religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint[
49 (B) political viewpoint; or
50 (C) viewpoint regarding sexual orientation or gender identity; or
51 (ii) invite, suggest, or encourage a student to reconsider or change the student's:
52 (A) religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint;
53 (B) political viewpoint; or
54 (C) sexual orientation or gender identity.
55 (b) Nothing in this Subsection (4) prohibits an individual from:
56 (i) wearing religious clothing, jewelry, or accessories that are central to the individual's
57 sincerely held religious belief;
58 (ii) displaying personal photographs;
59 (iii) displaying the flag of the United States of America, the state, or another nation or
60 state that is related to the relevant approved curriculum;
61 (iv) discussing an age-appropriate topic or displaying an age-appropriate image or
62 symbol that:
63 (A) is a component of the relevant approved curriculum; and
64 (B) does not endorse, promote, or disparage as described in Subsection (4)(a); Ĥ→ [
65 (v) discussing a topic related to or complying with Section 53G-10-204 Ĥ→ [
65a (vi) discussing or participating in all that is allowed by the Establishment Clause in the First
65b Amendment of the United States Constitution, interpreted by reference to historical practices
65c and understanding. ←Ĥ
66 (c) The attorney general shall defend and the state shall indemnify and hold harmless a
67 person acting under color of state law to enforce this Subsection (4) for any claims or damages,
68 including court costs and attorney fees, that:
69 (i) are brought or incurred as a result of this Subsection (4); and
70 (ii) are not covered by any coverage agreement that the State Risk Management Fund
71 issued.
72 Section 2. Effective date.
73 This bill takes effect on July 1, 2024.