H.B. 427
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Curtis 6
6 02-09-23 11:27 AM 6
H.B. 427
1 PUBLIC EDUCATION CURRICULUM REQUIREMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Tim Jimenez
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill prohibits the use of instructional materials and classroom instruction that is
10inconsistent with the principles of inalienable rights, equal opportunity, and individual
11merit.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <requires local education agencies (LEAs) to:
16 Censure that instructional materials and classroom instruction are not inconsistent
17with certain principles; and
18 Callow an educator to facilitate an age-appropriate discussion or use
19age-appropriate resources regarding race and sexism;
20 <prohibits LEAs from:
21 Callowing the use of certain instructional materials and classroom instruction; or
22 Cadopting certain policies;
23 <prohibits the state instructional materials commission from recommending certain
24instructional materials;
25 <prohibits the state board from developing certain core standards; and
26 <makes technical and conforming changes.
27Money Appropriated in this Bill:
*HB0427* H.B. 427 02-09-23 11:27 AM
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28 None
29Other Special Clauses:
30 This bill provides a special effective date.
31Utah Code Sections Affected:
32AMENDS:
33 53G-10-202, as last amended by Laws of Utah 2019, Chapter 293
34ENACTS:
35 53G-10-206, Utah Code Annotated 1953
36
37Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 53G-10-202 is amended to read:
39 53G-10-202. Maintaining constitutional freedom in the public schools.
40 (1) [Any] Except as provided in Section 53G-10-206, any instructional activity,
41performance, or display which includes examination of or presentations about religion, political
42or religious thought or expression, or the influence thereof on music, art, literature, law,
43politics, history, or any other element of the curriculum, including the comparative study of
44religions, which is designed to achieve secular educational objectives included within the
45context of a course or activity and conducted in accordance with applicable rules or policies of
46the state and LEA governing boards, may be undertaken in the public schools.
47 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
48be included within or excluded from public school curricula for the primary reason that it
49affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
50of a spiritual realm or supreme being.
51 (3) Public schools may not sponsor prayer or religious devotionals.
52 (4) School officials and employees may not use their positions to endorse, promote, or
53disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
54viewpoint.
55 Section 2. Section 53G-10-206 is enacted to read:
56 53G-10-206. Educational freedom.
57 (1) As used in this section, "educator" means the same as that term is defined in
58Section 53E-6-102 and any school or LEA employee. 02-09-23 11:27 AM H.B. 427
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59 (2) An LEA shall:
60 (a) ensure that instructional and curricular materials are consistent with:
61 (i) the principle that all individuals are equal before the law and have inalienable
62rights; and
63 (ii) the following principles of individual freedom:
64 (A) that no individual is inherently racist, sexist, or oppressive, whether consciously or
65unconsciously, solely by virtue of the individual's race or sex;
66 (B) that no race is inherently superior to another race;
67 (C) that no person should be subject to discrimination or adverse treatment solely or
68partly on the basis of the individual's race, color, national origin, religion, disability, or sex;
69 (D) that meritocracy or character traits, including hard work ethic, are not racist but
70fundamental to the right to pursue happiness and to be rewarded for industry;
71 (E) that an individual, by virtue of the individual's race or sex, does not bear
72responsibility for actions that other members of the same race or sex committed in the past; and
73 (F) that an individual should not be made to feel discomfort, guilt, anguish, or any
74other form of psychological distress on account of the individual's race; and
75 (b) allow an educator to facilitate an age-appropriate discussion or use age-appropriate
76instructional or curricular materials to teach about sexism, slavery, racial oppression, racial
77segregation, and racial discrimination, including topics relating to the enactment and
78enforcement of laws resulting in sexism, racial oppression, racial segregation, and racial
79discrimination.
80 (3) An LEA may not:
81 (a) allow an educator to use instructional or curricular materials or to provide
82classroom instruction to indoctrinate or persuade students to a point of view that is inconsistent
83with:
84 (i) the principles described in Subsection (2); or
85 (ii) the standards that the state board develops in accordance with Section 53E-3-301;
86and
87 (b) implement policies or programs with content that:
88 (i) reflects unfairly upon an individual because of the individual's race, color, creed,
89national origin, ancestry, gender, religion, disability, socioeconomic status, or occupation; or H.B. 427 02-09-23 11:27 AM
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90 (ii) is inconsistent with the principles described in Subsection (2).
91 (4) The State Instructional Materials Commission may not recommend to the state
92board instructional materials under Section 53E-4-403 that violate this section or are
93inconsistent with the principles described in Subsection (2).
94 (5) The state board and state superintendent may not develop core standards under
95Section 53E-3-301 that violate this section or are inconsistent with the principles described in
96Subsection (2).
97 Section 3. Effective date.
98 This bill takes effect on July 1, 2023.