Utah 2023 Regular Session

Utah House Bill HB0427 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 427
	1	+	2nd Sub. H.B. 427
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: M. Curtis 6
	4	+	6 02-27-23 10:38 AM 6
	5	+	H.B. 427
	6	+	2nd Sub. (Gray)
	7	+	Representative Tim Jimenez proposes the following substitute bill:
2	8		1 INDIVIDUAL FREEDOM IN PUBLIC EDUCATION
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Tim Jimenez
6	12		5 Senate Sponsor: Michael S. Kennedy
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill ensures that all instructional materials and classroom instruction are consistent
11	17		10with the principles of inalienable rights, equal opportunity, and individual merit.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14	20		13 <defines terms;
15	21		14 <broadens a provision regarding prayer or religious devotionals;
16	22		15 <requires the State Board of Education (state board), local education agencies
17	23		16(LEAs), and staff to ensure that instructional materials and classroom instruction are
18	24		17consistent with certain principles;
19	25		18 <prohibits the state board, LEAs, and staff from:
20	26		19 Callowing the use of instructional materials and classroom instruction that are
21	27		20inconsistent with certain principles; or
22	28		21 Cadopting policies that are inconsistent with certain principles;
23	29		22 <prohibits the state board and the State Instructional Materials Commission from
24	30		23recommending instructional materials that are inconsistent with certain principles;
25	31		24and
26	32		25 <makes technical and conforming changes.
	33	+	HB0427S02 2nd Sub. (Gray) H.B. 427 02-27-23 10:38 AM
	34	+	- 2 -
27	35		26Money Appropriated in this Bill:
28	36		27 None
29	37		28Other Special Clauses:
30		-	29 This bill provides a special effective date. H.B. 427 Enrolled Copy
31		-	- 2 -
	38	+	29 This bill provides a special effective date.
32	39		30Utah Code Sections Affected:
33	40		31AMENDS:
34	41		32 53G-10-202, as last amended by Laws of Utah 2019, Chapter 293
35	42		33ENACTS:
36	43		34 53G-10-206, Utah Code Annotated 1953
37	44		35
38	45		36Be it enacted by the Legislature of the state of Utah:
39	46		37 Section 1. Section 53G-10-202 is amended to read:
40	47		38 53G-10-202. Maintaining constitutional freedom in the public schools.
41	48		39 (1) [Any] Except as provided in Section 53G-10-206, any instructional activity,
42	49		40performance, or display which includes examination of or presentations about religion, political
43	50		41or religious thought or expression, or the influence thereof on music, art, literature, law,
44	51		42politics, history, or any other element of the curriculum, including the comparative study of
45	52		43religions, which is designed to achieve [secular] academic educational objectives included
46	53		44within the context of a course or activity and conducted in accordance with applicable rules or
47	54		45policies of the state and LEA governing boards, may be undertaken in the public schools.
48	55		46 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
49	56		47be included within or excluded from public school curricula for the primary reason that it
50	57		48affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
51	58		49of a spiritual realm or supreme being.
52	59		50 (3) Public schools may not sponsor or deny the practice of prayer or religious
53	60		51devotionals.
54	61		52 (4) School officials and employees may not use their positions to endorse, promote, or
55	62		53disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
56	63		54viewpoint.
57	64		55 Section 2. Section 53G-10-206 is enacted to read:
58		-	56 53G-10-206. Educational freedom.
59		-	~~57 (1) As used in this section: Enrolled Copy H.B. 427~~
60		-	~~- 3 -~~
	65	+	56 53G-10-206. Educational freedom. 02-27-23 10:38 AM 2nd Sub. (Gray) H.B. 427
	66	+	- 3 - House Floor Amendments 2-28-2023 pf/mc
	67	+	57 (1) As used in this section:
61	68		58 (a) (i) "Administrative personnel" means any LEA or state board staff personnel who
62	69		59have system-wide, LEA-wide, or school-wide functions and who perform management
63	70		60activities, including:
64	71		61 (A) developing broad policies for LEA or state-level boards; and
65	72		62 (B) executing developed policies through the direction of personnel at any level within
66	73		63the state or LEA.
67	74		64 (ii) "Administrative personnel" includes state, LEA, or school superintendents,
68	75		65assistant superintendents, deputy superintendents, school principals, assistant principals,
69	76		66directors, executive directors, network directors, cabinet members, subject area directors, grant
70	77		67coordinators, specialty directors, career center directors, educational specialists, technology
71	78		68personnel, technology administrators, and others who perform management activities.
72	79		69 (b) (i) "Instructional personnel" means an individual whose function includes the
73	80		70provision of:
74	81		71 (A) direct or indirect instructional services to students;
75	82		72 (B) direct or indirect support in the learning process of students; or
76	83		73 (C) direct or indirect delivery of instruction, training, coaching, evaluation, or
77	84		74professional development to instructional or administrative personnel.
78	85		75 (ii) "Instructional personnel" includes:
79	86		76 (A) the state board, LEAs, schools, superintendents, boards, administrators,
80	87		77administrative staff, teachers, classroom teachers, facilitators, coaches, proctors, therapists,
81	88		78counselors, student personnel services, librarians, media specialists, associations, affiliations,
82	89		79committees, contractors, vendors, consultants, advisors, outside entities, community
83	90		80volunteers, para-professionals, public-private partners, trainers, mentors, specialists, and staff;
84	91		81or
85	92		82 (B) any other employees, officials, government agencies, educational entities, persons,
86	93		83or groups for whom access to students is facilitated through, or not feasible without, the public
87	94		84education system.
88		-	85 (2) (a) Each LEA shall provide an annual assurance to the state board that the LEA's H.B. 427 Enrolled Copy
89		-	- 4 -
90		-	86professional learning, administrative functions, displays, and instructional and curricular
91		-	87materials, are consistent with the following principles of individual freedom:
92		-	88 (i) the principle that all individuals are equal before the law and have unalienable
93		-	89rights; and
94		-	90 (ii) the following principles of individual freedom:
95		-	91 (A) that no individual is inherently racist, sexist, or oppressive, whether consciously or
96		-	92unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;
97		-	93 (B) that no race is inherently superior or inferior to another race;
98		-	94 (C) that no person should be subject to discrimination or adverse treatment solely or
99		-	95partly on the basis of the individual's race, color, national origin, religion, disability, sex, or
100		-	96sexual orientation;
101		-	97 (D) that meritocracy or character traits, including hard work ethic, are not racist nor
102		-	98associated with or inconsistent with any racial or ethnic group; and
103		-	99 (E) that an individual, by virtue of the individual's race or sex, does not bear
104		-	100responsibility for actions that other members of the same race or sex committed in the past or
105		-	101present.
106		-	102 (b) Nothing in this section prohibits instruction regarding race, color, national origin,
107		-	103religion, disability, or sex in a manner that is consistent with the principles described in
108		-	104Subsection (2)(a).
109		-	105 (3) The state board or an LEA may not:
110		-	106 (a) attempt to persuade a student or instructional or administrative personnel to a point
111		-	107of view that is inconsistent with the principles described in Subsection (2)(a); or
112		-	108 (b) implement policies or programs, or allow instructional personnel or administrative
113		-	109personnel to implement policies or programs, with content that is inconsistent with the
114		-	110principles described in Subsection (2)(a).
115		-	111 (4) The State Instructional Materials Commission may not recommend to the state
116		-	112board instructional materials under Section 53E-4-403 that violate this section or are
117		-	113inconsistent with the principles described in Subsection (2)(a). Enrolled Copy H.B. 427
	95	+	85 (2) (a) The state board º [, the State Instructional Materials Commission,] » and each
	96	+	85aLEA º , within the respective purview of each entity, »
	97	+	86shall ensure that the state's public education system, including any professional learning,
	98	+	87administrative functions, displays, instructional and curricular materials, is consistent with the 2nd Sub. (Gray) H.B. 427 02-27-23 10:38 AM
	99	+	- 4 - House Floor Amendments 2-28-2023 pf/mc
	100	+	88following principles of individual freedom:
	101	+	89 (i) the principle that all individuals are equal before the law and have inalienable
	102	+	90rights; and
	103	+	91 (ii) the following principles of individual freedom:
	104	+	92 (A) that no individual is inherently racist, sexist, or oppressive, whether consciously or
	105	+	93unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;
	106	+	94 (B) that no race is inherently superior or inferior to another race;
	107	+	95 (C) that no person should be subject to discrimination or adverse treatment solely or
	108	+	96partly on the basis of the individual's race, color, national origin, religion, disability, sex, or
	109	+	97sexual orientation;
	110	+	98 (D) that meritocracy or character traits, including hard work ethic, are not racist nor
	111	+	99associated with or inconsistent with any racial or ethnic group; and
	112	+	100 (E) that an individual, by virtue of the individual's race or sex, does not bear
	113	+	101responsibility for actions that other members of the same race or sex committed in the past or
	114	+	102present.
	115	+	103 (b) Nothing in this section prohibits instruction regarding race, color, national origin,
	116	+	104religion, disability, or sex in a manner that is consistent with the principles described in
	117	+	105Subsection (2)(a).
	118	+	106 (3) The state board º [,] or » an LEA º [, or a member of administrative or
	119	+	106ainstructional personnel] »
	120	+	107may not:
	121	+	108 (a) attempt to persuade a student or instructional or administrative personnel to a point
	122	+	109of view that is inconsistent with the principles described in Subsection (2)(a); or
	123	+	110 (b) implement policies or programs, or allow instructional personnel or administrative
	124	+	111personnel to implement policies or programs, with content that is inconsistent with the
	125	+	112principles described in Subsection (2)(a).
	126	+	113 (4) The State Instructional Materials Commission may not recommend to the state
	127	+	114board instructional materials under Section 53E-4-403 that violate this section or are
	128	+	115inconsistent with the principles described in Subsection (2)(a).
	129	+	116 (5) The state board and state superintendent may not develop or continue to use core
	130	+	117standards under Section 53E-3-301 º [,] or » professional learning º [, or instructional
	131	+	117amaterials] » that are
	132	+	118inconsistent with the principles described in Subsection (2)(a). 02-27-23 10:38 AM 2nd Sub. (Gray) H.B. 427
118	133		- 5 -
119		-	114 (5) The state board and state superintendent may not develop or continue to use core
120		-	115standards under Section 53E-3-301 or professional learning that are inconsistent with the
121		-	116principles described in Subsection (2)(a).
122		-	117 Section 3. Effective date.
123		-	118 This bill takes effect on July 31, 2023.
	134	+	119 Section 3. Effective date.
	135	+	120 This bill takes effect on July 31, 2023.