1st Sub. H.B. 427
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: M. Curtis 6
6 02-23-23 7:10 PM 6
H.B. 427
1st Sub. (Buff)
Representative Tim Jimenez proposes the following substitute bill:
1 INDIVIDUAL FREEDOM IN PUBLIC EDUCATION
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 are
10inconsistent with the principles of inalienable rights, equal opportunity, and individual
11merit.
12Highlighted Provisions:
13 This bill:
14 <defines terms;
15 <broadens a provision regarding prayer or religious devotionals;
16 <requires the State Board of Education (state board), local education agencies
17(LEAs), and staff to ensure that instructional materials and classroom instruction:
18 Care not inconsistent with certain principles; or
19 Cdo not incentivize or force a student to confront a sincerely held belief, value, or
20standard;
21 <prohibits the state board, LEAs, and staff from:
22 Callowing the use of certain instructional materials and classroom instruction; or
23 Cadopting certain policies;
24 <prohibits the state board and the State Instructional Materials Commission from
25recommending certain instructional materials;
*HB0427S01* 1st Sub. (Buff) H.B. 427 02-23-23 7:10 PM
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26 <prohibits the state board from developing certain core standards;
27 <requires the state board to:
28 Censure compliance with this bill; and
29 Ccreate a model policy; and
30 <makes technical and conforming changes.
31Money Appropriated in this Bill:
32 None
33Other Special Clauses:
34 This bill provides a special effective date.
35Utah Code Sections Affected:
36AMENDS:
37 53G-10-202, as last amended by Laws of Utah 2019, Chapter 293
38ENACTS:
39 53G-10-206, Utah Code Annotated 1953
40
41Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 53G-10-202 is amended to read:
43 53G-10-202. Maintaining constitutional freedom in the public schools.
44 (1) [Any] Except as provided in Section 53G-10-206, any instructional activity,
45performance, or display which includes examination of or presentations about religion, political
46or religious thought or expression, or the influence thereof on music, art, literature, law,
47politics, history, or any other element of the curriculum, including the comparative study of
48religions, which is designed to achieve [secular] academic educational objectives included
49within the context of a course or activity and conducted in accordance with applicable rules or
50policies of the state and LEA governing boards, may be undertaken in the public schools.
51 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
52be included within or excluded from public school curricula for the primary reason that it
53affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
54of a spiritual realm or supreme being.
55 (3) Public schools may not sponsor or deny the practice of prayer or religious
56devotionals. 02-23-23 7:10 PM 1st Sub. (Buff) H.B. 427
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57 (4) School officials and employees may not use their positions to endorse, promote, or
58disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
59viewpoint.
60 Section 2. Section 53G-10-206 is enacted to read:
61 53G-10-206. Educational freedom.
62 (1) As used in this section:
63 (a) (i) "Administrative personnel" means any LEA or state board staff personnel who
64have system-wide, LEA-wide, or school-wide functions and who perform management
65activities, including:
66 (A) developing broad policies for LEA or state-level boards; and
67 (B) executing developed policies through the direction of personnel at any level within
68the state or LEA.
69 (ii) "Administrative personnel" includes state, LEA, or school superintendents,
70assistant superintendents, deputy superintendents, school principals, assistant principals,
71directors, executive directors, network directors, cabinet members, subject area directors, grant
72coordinators, specialty directors, career center directors, educational specialists, technology
73personnel, technology administrators, and others who perform management activities.
74 (b) (i) "Instructional personnel" means an individual whose function includes the
75provision of:
76 (A) direct or indirect instructional services to students;
77 (B) direct or indirect support in the learning process of students; or
78 (C) direct or indirect delivery of instruction, training, coaching, evaluation, or
79professional development to instructional or administrative personnel.
80 (ii) "Instructional personnel" includes:
81 (A) the state board, LEAs, schools, superintendents, boards, administrators,
82administrative staff, teachers, classroom teachers, facilitators, coaches, proctors, therapists,
83counselors, student personnel services, librarians, media specialists, associations, affiliations,
84committees, contractors, vendors, consultants, advisors, outside entities, community
85volunteers, para-professionals, public-private partners, trainers, mentors, specialists, and staff;
86or
87 (B) any other employees, officials, government agencies, educational entities, persons, 1st Sub. (Buff) H.B. 427 02-23-23 7:10 PM
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88or groups for whom access to students is facilitated through, or not feasible without, the public
89education system.
90 (2) The state board, the State Instructional Materials Commission, and each LEA shall
91ensure that instructional and curricular materials are consistent with:
92 (a) the principle that all individuals are equal before the law and have inalienable
93rights; and
94 (b) the following principles of individual freedom:
95 (i) that no individual is inherently racist, sexist, or oppressive, whether consciously or
96unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;
97 (ii) that no race is inherently superior or inferior to another race;
98 (iii) that no person should be subject to discrimination or adverse treatment solely or
99partly on the basis of the individual's race, color, national origin, religion, disability, sex, or
100sexual orientation;
101 (iv) that meritocracy or character traits, including hard work ethic, are not racist but
102fundamental to the right to pursue happiness and to be rewarded for industry; and
103 (v) that an individual, by virtue of the individual's race or sex, does not bear
104responsibility for actions that other members of the same race or sex committed in the past or
105present.
106 (3) The state board, an LEA, or a member of administrative or instructional personnel
107may not:
108 (a) subject a student to instruction that incentivizes or forces the student to confront a
109sincerely held belief, value, or standard that is taught in the student's home;
110 (b) subject a member of administrative or instructional personnel to instruction,
111training, coaching, or professional development concepts that incentivize or force the
112individual to confront a sincerely held belief, value, or standard that the individual holds;
113 (c) allow instructional personnel or administrative personnel to use instructional,
114auxiliary, or curricular materials or to:
115 (i) expose a student to an environment, displays, or instruction that incentivizes or
116forces a student to confront a sincerely held belief, value, or standard that is taught in the
117student's home; or
118 (ii) attempt to persuade a student to a point of view that is inconsistent with: 02-23-23 7:10 PM 1st Sub. (Buff) H.B. 427
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119 (A) the principles described in Subsection (2); or
120 (B) the standards that the state board develops in accordance with Section 53E-3-301;
121and
122 (d) implement policies or programs, or allow instructional personnel or administrative
123personnel to implement policies or programs, with content that is inconsistent with the
124principles described in Subsection (2).
125 (4) (a) The State Instructional Materials Commission may not recommend to the state
126board instructional materials under Section 53E-4-403 that violate this section or are
127inconsistent with the principles described in Subsection (2).
128 (b) Staff of the state board may not recommend to the state board instructional
129materials that violate this section or are inconsistent with the principles described in Subsection
130(2).
131 (5) The state board and state superintendent may not develop core standards under
132Section 53E-3-301 that violate this section or are inconsistent with the principles described in
133Subsection (2).
134 (6) No later than July 31, 2023, the state board shall:
135 (a) create a model policy for LEA adoption in accordance with this section; and
136 (b) ensure that all materials and standards comply with this section.
137 Section 3. Effective date.
138 This bill takes effect on July 1, 2023.