Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 427 Second Substitute (2023GS)

Sponsor

Rep. Jimenez, T.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• broadens a provision regarding prayer or religious devotionals;
• requires the State Board of Education (state board), local education agencies (LEAs), and staff to ensure that instructional materials and classroom instruction are consistent with certain principles;
• prohibits the state board, LEAs, and staff from:
• allowing the use of instructional materials and classroom instruction that are inconsistent with certain principles; or
• adopting policies that are inconsistent with certain principles;
• prohibits the state board and the State Instructional Materials Commission from recommending instructional materials that are inconsistent with certain principles; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INDIVIDUAL FREEDOM IN PUBLIC EDUCATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tim Jimenez
Senate Sponsor: 
Michael S. Kennedy
LONG TITLE
General Description:
This bill ensures that all instructional materials and classroom instruction are consistent
with the principles of inalienable rights, equal opportunity, and individual merit.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ broadens a provision regarding prayer or religious devotionals;
▸ requires the State Board of Education (state board), local education agencies
(LEAs), and staff to ensure that instructional materials and classroom instruction are
consistent with certain principles;
▸ prohibits the state board, LEAs, and staff from:
• allowing the use of instructional materials and classroom instruction that are
inconsistent with certain principles; or
• adopting policies that are inconsistent with certain principles;
▸ prohibits the state board and the State Instructional Materials Commission from
recommending instructional materials that are inconsistent with certain principles;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-10-202
, as last amended by Laws of Utah 2019, Chapter 293
ENACTS:
53G-10-206
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-10-202
 is amended to read:
53G-10-202.
Maintaining constitutional freedom in the public schools.
(1) [
Any
] 
Except as provided in Section 
53G-10-206
, any
 instructional activity,
performance, or display which includes examination of or presentations about religion, political
or religious thought or expression, or the influence thereof on music, art, literature, law,
politics, history, or any other element of the curriculum, including the comparative study of
religions, which is designed to achieve [
secular
] 
academic
 educational objectives included
within the context of a course or activity and conducted in accordance with applicable rules or
policies of the state and LEA governing boards, may be undertaken in the public schools.
(2) No aspect of cultural heritage, political theory, moral theory, or societal value shall
be included within or excluded from public school curricula for the primary reason that it
affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence
of a spiritual realm or supreme being.
(3) Public schools may not sponsor 
or deny the practice of
 prayer or religious
devotionals.
(4) School officials and employees may not use their positions to endorse, promote, or
disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or
viewpoint.
Section 2. Section 
53G-10-206
 is enacted to read:
 53G-10-206.
Educational freedom.
(1) As used in this section:
(a) (i) "Administrative personnel" means any LEA or state board staff personnel who
have system-wide, LEA-wide, or school-wide functions and who perform management
activities, including:
(A) developing broad policies for LEA or state-level boards; and
(B) executing developed policies through the direction of personnel at any level within
the state or LEA.
(ii) "Administrative personnel" includes state, LEA, or school superintendents,
assistant superintendents, deputy superintendents, school principals, assistant principals,
directors, executive directors, network directors, cabinet members, subject area directors, grant
coordinators, specialty directors, career center directors, educational specialists, technology
personnel, technology administrators, and others who perform management activities.
(b) (i) "Instructional personnel" means an individual whose function includes the
provision of:
(A) direct or indirect instructional services to students;
(B) direct or indirect support in the learning process of students; or
(C) direct or indirect delivery of instruction, training, coaching, evaluation, or
professional development to instructional or administrative personnel.
(ii) "Instructional personnel" includes:
(A) the state board, LEAs, schools, superintendents, boards, administrators,
administrative staff, teachers, classroom teachers, facilitators, coaches, proctors, therapists,
counselors, student personnel services, librarians, media specialists, associations, affiliations,
committees, contractors, vendors, consultants, advisors, outside entities, community
volunteers, para-professionals, public-private partners, trainers, mentors, specialists, and staff;
or
(B) any other employees, officials, government agencies, educational entities, persons,
or groups for whom access to students is facilitated through, or not feasible without, the public
education system.
(2) (a) Each LEA shall provide an annual assurance to the state board that the LEA's
professional learning, administrative functions, displays, and instructional and curricular
materials, are consistent with the following principles of individual freedom:
(i) the principle that all individuals are equal before the law and have unalienable
rights; and
(ii) the following principles of individual freedom:
(A) that no individual is inherently racist, sexist, or oppressive, whether consciously or
unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;
(B) that no race is inherently superior or inferior to another race;
(C) that no person should be subject to discrimination or adverse treatment solely or
partly on the basis of the individual's race, color, national origin, religion, disability, sex, or
sexual orientation;
(D) that meritocracy or character traits, including hard work ethic, are not racist nor
associated with or inconsistent with any racial or ethnic group; and
(E) that an individual, by virtue of the individual's race or sex, does not bear
responsibility for actions that other members of the same race or sex committed in the past or
present.
(b) Nothing in this section prohibits instruction regarding race, color, national origin,
religion, disability, or sex in a manner that is consistent with the principles described in
Subsection (2)(a).
(3) The state board or an LEA may not:
(a) attempt to persuade a student or instructional or administrative personnel to a point
of view that is inconsistent with the principles described in Subsection (2)(a); or
(b) implement policies or programs, or allow instructional personnel or administrative
personnel to implement policies or programs, with content that is inconsistent with the
principles described in Subsection (2)(a).
(4) The State Instructional Materials Commission may not recommend to the state
board instructional materials under Section 
53E-4-403
 that violate this section or are
inconsistent with the principles described in Subsection (2)(a).
(5) The state board and state superintendent may not develop or continue to use core
standards under Section 
53E-3-301
 or professional learning that are inconsistent with the
principles described in Subsection (2)(a).
Section 3. 
Effective date.
This bill takes effect on July 31, 2023.