Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 303 First Substitute (2024GS)

Sponsor

Rep. Stenquist, J.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends provisions that prohibit school officials and employees from endorsing, promoting, or disparaging certain beliefs or viewpoints;
• clarifies the application of the prohibition on viewpoint partiality;
• provides indemnification for claims arising from the prohibition on viewpoint partiality; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 12, 2024 at 11:03 AM by housengrossing.
SCHOOL CURRICULUM REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jeffrey D. Stenquist
Senate Sponsor: 
 Michael S. Kennedy
LONG TITLE
General Description:
This bill amends provisions that prohibit school officials and employees from
endorsing, promoting, or disparaging certain beliefs or viewpoints.
Highlighted Provisions:
This bill:
▸ amends provisions that prohibit school officials and employees from endorsing,
promoting, or disparaging certain beliefs or viewpoints;
▸ clarifies the application of the prohibition on viewpoint partiality;
▸ provides indemnification for claims arising from the prohibition on viewpoint
partiality; and
▸ makes technical 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 2023, Chapter 294
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 -
Viewpoint neutrality.
(1) Except as provided in 
this section and
 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 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) 
(a)
 School officials and employees may not
:
(i)
 use [
their positions
] 
the official's or employee's position, through instruction,
materials, or a display of symbols, images, or language
 to endorse, promote, or disparage a
particular
:
(A)
 religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint[
.
]
;
(B) political or social belief or viewpoint; or
(C) viewpoint regarding sexual orientation or gender identity; or
(ii) invite, suggest, or encourage a student to reconsider or change the student's:
(A) religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint;
(B) political or social belief or viewpoint; or
(C) sexual orientation or gender identity.
(b) Nothing in this Subsection (4) prohibits an individual from:
(i) wearing religious clothing
Ĥ→ 
, jewelry,
 ←Ĥ
or accessories that are central to the
56a 
individual's sincerely
held religious belief;
(ii) displaying personal photographs of the individual's family members;
(iii) displaying the flag of the United States of America, the state, or another nation or
state
Ĥ→ [
that is related to the relevant approved curriculum
] ←Ĥ
;
Ĥ→ [
or
] ←Ĥ
(iv) discussing an age-appropriate topic or displaying an age-appropriate image or
symbol that:
(A) is a component of an approved curriculum; and
(B) does not endorse, promote, or disparage as described in Subsection (4)(a)
Ĥ→ [
.
] 
 ; or
64a 
(v) complying with Section 53G-10-204.
 ←Ĥ
(c) The state shall defend, indemnify, and hold harmless a person acting under color of
state law to enforce this Subsection (4) for any claims or damages, including court costs and
attorney fees, that:
(i) are brought or incurred as a result of this Subsection (4); and
(ii) are not covered by the person's insurance policies or by any coverage agreement
that the State Risk Management Fund issued.
Section 2. 
Effective date.
This bill takes effect on July 1, 2024.