Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 348 Second Substitute (2023GS)

Sponsor

Rep. Acton, C.K.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies how a school responds when a student refrains from participation in school due to a student's or a student's parent's religious belief or right of conscience, consistent with Utah Constitution, Article I, Section 4;
• grants the State Board of Education rulemaking authority; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PARTICIPATION WAIVER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill clarifies how a school responds when a student refrains from participation in
school due to a student's or a student's parent's religious belief or right of conscience.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ clarifies how a school responds when a student refrains from participation in school
due to a student's or a student's parent's religious belief or right of conscience,
consistent with Utah Constitution, Article I, Section 4;
▸ grants the State Board of Education rulemaking authority; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-10-203
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-10-205
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-10-203
 is amended to read:
53G-10-203.
Expressions of belief -- Discretionary time.
(1) Expression of personal beliefs by a student participating in school-directed
curricula or activities may not be prohibited or penalized unless the expression unreasonably
interferes with order or discipline, threatens the well-being of persons or property, or violates
concepts of civility or propriety appropriate to a school setting.
(2) (a) As used in this section, "discretionary time" means noninstructional time during
which a student is free to pursue personal interests.
(b) Free exercise of voluntary religious practice or freedom of speech by students
during discretionary time shall not be denied unless the conduct unreasonably interferes with
the ability of school officials to maintain order and discipline, unreasonably endangers persons
or property, or violates concepts of civility or propriety appropriate to a school setting.
(3) Any limitation under [
Sections 
53G-10-203
 and 
53G-10-205
] 
this section
 on
student expression, practice, or conduct shall be by the least restrictive means necessary to
satisfy the school's interests [
as stated in those sections
], or to satisfy another specifically
identified compelling governmental interest.
Section 2. Section 
53G-10-205
 is amended to read:
53G-10-205.
Waivers of participation.
(1) As used in this section[
, "school"
]
:
(a) "School"
 means a public school.
(b) "Student" means a public school student in kindergarten through grade 12.
[
(2) If a parent of a student, or a secondary student, determines that the student's
participation in a portion of the curriculum or in an activity would require the student to affirm
or deny a religious belief or right of conscience, or engage or refrain from engaging in a
practice forbidden or required in the exercise of a religious right or right of conscience, the
parent or the secondary student may request:
]
[
(a) a waiver of the requirement to participate; or
]
[
(b) a reasonable alternative that requires reasonably equivalent performance by the
student of the secular objectives of the curriculum or activity in question.
]
[
(3)
] 
(2) (a) In accordance with Utah Constitution, Article I, Section 4, a student may
refrain from participation in any aspect of school that violates a religious belief or right of
conscience of the student.
(b) A school may not, in any aspect of school:
(i) require or incentivize a student to affirm or deny the student's or the student's
parent's religious belief or right of conscience;
(ii) engage a student in a practice that violates or is contrary to the student's or the
student's parent's religious belief or right of conscience; or
(iii) penalize or discriminate against a student for refraining from participation due to
the student's or the student's parent's religious belief or right of conscience.
(3)
 [
The school shall
] 
When a student refrains from participating in any aspect of
school that violates the student's or the student's parent's religious belief or right of conscience,
the school:
(a) shall
 promptly notify [
a
] 
the
 student's parent [
if the secondary student makes a
request under Subsection (2).
]
;
(b) may offer an alternative that does not violate the student's or the student's parent's
religious belief or right of conscience; and
(c) may not require the student or the student's parent to explain, defend, or justify the
student's or the student's parent's religious belief or right of conscience.
(4) A student's parent may waive the student's participation in any aspect of school that
violates the student's or the student's parent's religious belief or right of conscience.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules consistent with this section.
[
(4) If a request is made under Subsection (2), the school shall:
]
[
(a) waive the participation requirement;
]
[
(b) provide a reasonable alternative to the requirement; or
]
[
(c) notify the requesting party that participation is required.
]
[
(5) The school shall ensure that the provisions of Subsection 
53G-10-203
(3) are met
in connection with any required participation under Subsection (4)(c).
]
[
(6) A student's academic or citizenship performance may not be penalized if the
secondary student or the student's parent chooses to exercise a religious right or right of
conscience in accordance with the provisions of this section.
]