H.B. 441
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J.V. Hulten 6
6 02-10-23 12:51 PM 6
H.B. 441
1 NEUTRALITY IN PUBLIC SCHOOLS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark A. Strong
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill requires a local education agency (LEA) to create a neutrality policy.
10Highlighted Provisions:
11 This bill:
12 <requires an LEA to create a neutrality policy; and
13 <describes the required elements for an LEA's neutrality policy.
14Money Appropriated in this Bill:
15 None
16Other Special Clauses:
17 None
18Utah Code Sections Affected:
19AMENDS:
20 53G-10-204, as last amended by Laws of Utah 2022, Chapter 229
21ENACTS:
22 53G-10-206, Utah Code Annotated 1953
23
24Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53G-10-204 is amended to read:
26 53G-10-204. Civic and character education -- Definitions -- Legislative finding --
27Elements -- Reporting requirements.
*HB0441* H.B. 441 02-10-23 12:51 PM
- 2 -
28 (1) As used in this section:
29 (a) "Character education" means reaffirming values and qualities of character which
30promote an upright and desirable citizenry.
31 (b) "Civic education" means the cultivation of informed, responsible participation in
32political life by competent citizens committed to the fundamental values and principles of
33representative democracy in Utah and the United States.
34 (c) "Values" means time-established principles or standards of worth.
35 (2) The Legislature recognizes that:
36 (a) Civic and character education are fundamental elements of the public education
37system's core mission as originally intended and established under Article X of the Utah
38Constitution;
39 (b) Civic and character education are fundamental elements of the constitutional
40responsibility of public education and shall be a continuing emphasis and focus in public
41schools;
42 (c) the cultivation of a continuing understanding and appreciation of a constitutional
43republic and principles of representative democracy in Utah and the United States among
44succeeding generations of educated and responsible citizens is important to the nation and
45state;
46 (d) the primary responsibility for the education of children within the state resides with
47their parents and that the role of state and local governments is to support and assist parents in
48fulfilling that responsibility;
49 (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
50informed and responsible citizens who are deeply attached to essential democratic values and
51institutions; and
52 (f) the happiness and security of American society relies upon the public virtue of its
53citizens which requires a united commitment to a moral social order where self-interests are
54willingly subordinated to the greater common good.
55 (3) Through an integrated curriculum, students shall be taught in connection with
56regular school work:
57 (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
58 (b) respect for and an understanding of the Declaration of Independence and the 02-10-23 12:51 PM H.B. 441
- 3 -
59constitutions of the United States and of the state of Utah;
60 (c) Utah history, including territorial and preterritorial development to the present;
61 (d) the essentials and benefits of the free enterprise system;
62 (e) respect for parents, home, and family;
63 (f) the dignity and necessity of honest labor;
64 (g) critical thinking skills; and
65 [(g)] (h) other skills, habits, and qualities of character which will promote an upright
66and desirable citizenry and better prepare students to recognize and accept responsibility for
67preserving and defending the blessings of liberty inherited from prior generations and secured
68by the constitution.
69 (4) Local school boards and school administrators may provide training, direction, and
70encouragement, as needed, to accomplish the intent and requirements of this section and to
71effectively emphasize civic and character education in the course of regular instruction in the
72public schools.
73 (5) Civic and character education in public schools are:
74 (a) not intended to be separate programs in need of special funding or added specialists
75to be accomplished; and
76 (b) core principles which reflect the shared values of the citizens of Utah and the
77founding principles upon which representative democracy in the United States and the state of
78Utah are based.
79 Section 2. Section 53G-10-206 is enacted to read:
80 53G-10-206. Neutrality in the classroom -- Policy.
81 (1) "Controversial issue" means a topic that is socially unresolved, generates highly
82divergent and contentious opinions, or is not age appropriate.
83 (2) On or before September 1, 2023, an LEA shall create a policy ensuring neutrality in
84a school.
85 (3) An LEA shall develop the neutrality policy with input from the public.
86 (4) An LEA shall review the LEA's neutrality policy annually in an open meeting of the
87LEA's governing board.
88 (5) In the policy, the LEA shall:
89 (a) establish criteria for maintaining neutrality in the school setting as defined in H.B. 441 02-10-23 12:51 PM
- 4 -
90Section 53G-10-103, including neutrality in instruction, decorations, and displays;
91 (b) prohibit an LEA employee from engaging in the following:
92 (i) encouraging a student to develop a prejudice on the basis of race, sex, sexual
93orientation, gender identity, national origin, political beliefs, or religious doctrine;
94 (ii) advocating for or promoting controversial issues;
95 (iii) asserting a personal belief as fact; or
96 (iv) presenting facts in a biased manner; and
97 (c) establish a process to evaluate whether the controversial issue is appropriate and in
98accordance with Title 53E, Chapter 4, Part 2, Standards.
99 (6) If an LEA determines that an educator, as defined in Section 53E-6-102, violated
100the LEA's neutrality policy described in Subsection (5), the LEA shall notify the Utah
101Professional Practices Advisory Commission of the violation of state board rules enacted in
102accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
103 (7) An LEA may include compliance with the LEA's neutrality policy as part of the
104LEA's educator evaluation program described by Section 53G-11-507.
105 (8) An LEA may not construe this part to prohibit instruction or a discussion of an
106event, idea, attitude, or belief.
107 (9) The state board may create a model neutrality policy described in this section.