Utah 2023 Regular Session

Utah House Bill HB0427 Compare Versions

OldNewDifferences
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:
28 1 INDIVIDUAL FREEDOM IN PUBLIC EDUCATION
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Tim Jimenez
612 5 Senate Sponsor: Michael S. Kennedy
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill ensures that all instructional materials and classroom instruction are consistent
1117 10with the principles of inalienable rights, equal opportunity, and individual merit.
1218 11Highlighted Provisions:
1319 12 This bill:
1420 13 <defines terms;
1521 14 <broadens a provision regarding prayer or religious devotionals;
1622 15 <requires the State Board of Education (state board), local education agencies
1723 16(LEAs), and staff to ensure that instructional materials and classroom instruction are
1824 17consistent with certain principles;
1925 18 <prohibits the state board, LEAs, and staff from:
2026 19 Callowing the use of instructional materials and classroom instruction that are
2127 20inconsistent with certain principles; or
2228 21 Cadopting policies that are inconsistent with certain principles;
2329 22 <prohibits the state board and the State Instructional Materials Commission from
2430 23recommending instructional materials that are inconsistent with certain principles;
2531 24and
2632 25 <makes technical and conforming changes.
33+*HB0427S02* 2nd Sub. (Gray) H.B. 427 02-27-23 10:38 AM
34+- 2 -
2735 26Money Appropriated in this Bill:
2836 27 None
2937 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.
3239 30Utah Code Sections Affected:
3340 31AMENDS:
3441 32 53G-10-202, as last amended by Laws of Utah 2019, Chapter 293
3542 33ENACTS:
3643 34 53G-10-206, Utah Code Annotated 1953
3744 35
3845 36Be it enacted by the Legislature of the state of Utah:
3946 37 Section 1. Section 53G-10-202 is amended to read:
4047 38 53G-10-202. Maintaining constitutional freedom in the public schools.
4148 39 (1) [Any] Except as provided in Section 53G-10-206, any instructional activity,
4249 40performance, or display which includes examination of or presentations about religion, political
4350 41or religious thought or expression, or the influence thereof on music, art, literature, law,
4451 42politics, history, or any other element of the curriculum, including the comparative study of
4552 43religions, which is designed to achieve [secular] academic educational objectives included
4653 44within the context of a course or activity and conducted in accordance with applicable rules or
4754 45policies of the state and LEA governing boards, may be undertaken in the public schools.
4855 46 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
4956 47be included within or excluded from public school curricula for the primary reason that it
5057 48affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
5158 49of a spiritual realm or supreme being.
5259 50 (3) Public schools may not sponsor or deny the practice of prayer or religious
5360 51devotionals.
5461 52 (4) School officials and employees may not use their positions to endorse, promote, or
5562 53disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
5663 54viewpoint.
5764 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:
6168 58 (a) (i) "Administrative personnel" means any LEA or state board staff personnel who
6269 59have system-wide, LEA-wide, or school-wide functions and who perform management
6370 60activities, including:
6471 61 (A) developing broad policies for LEA or state-level boards; and
6572 62 (B) executing developed policies through the direction of personnel at any level within
6673 63the state or LEA.
6774 64 (ii) "Administrative personnel" includes state, LEA, or school superintendents,
6875 65assistant superintendents, deputy superintendents, school principals, assistant principals,
6976 66directors, executive directors, network directors, cabinet members, subject area directors, grant
7077 67coordinators, specialty directors, career center directors, educational specialists, technology
7178 68personnel, technology administrators, and others who perform management activities.
7279 69 (b) (i) "Instructional personnel" means an individual whose function includes the
7380 70provision of:
7481 71 (A) direct or indirect instructional services to students;
7582 72 (B) direct or indirect support in the learning process of students; or
7683 73 (C) direct or indirect delivery of instruction, training, coaching, evaluation, or
7784 74professional development to instructional or administrative personnel.
7885 75 (ii) "Instructional personnel" includes:
7986 76 (A) the state board, LEAs, schools, superintendents, boards, administrators,
8087 77administrative staff, teachers, classroom teachers, facilitators, coaches, proctors, therapists,
8188 78counselors, student personnel services, librarians, media specialists, associations, affiliations,
8289 79committees, contractors, vendors, consultants, advisors, outside entities, community
8390 80volunteers, para-professionals, public-private partners, trainers, mentors, specialists, and staff;
8491 81or
8592 82 (B) any other employees, officials, government agencies, educational entities, persons,
8693 83or groups for whom access to students is facilitated through, or not feasible without, the public
8794 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
118133 - 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.