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