Text of UT HB 204 (2026)
Higher Education Student Belief Accommodation
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As introduced
6,008 characters
01-08 16:29
H.B. 204
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Higher Education Student Belief Accommodation
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael J. Petersen
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill broadens a protection for a student's sincerely held religious and conscience beliefs.
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Highlighted Provisions:
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This bill:
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▸
defines terms;
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broadens the scope of a requirement for a reasonable accommodation regarding a
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student's sincerely held religious and conscience beliefs;
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broadens the scope of policies that an institution of higher education establishes;
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requires the Utah Board of Higher Education to adopt certain policies; and
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makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53H-7-903, as renumbered and amended by Laws of Utah 2025, First Special Session,
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Chapter 8
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53H-7-903 is amended to read:
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53H-7-903 . Student religious and conscience accommodations.
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(1) As used in this section:
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(a) "Conscience" means the same as that term is defined in Section 67-27-106.
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(b) "Reasonably accommodate" means taking reasonable steps to modify expectations
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for a student's participation in an examination or other academic requirement by:
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(i) excusing participation;
H.B. 204
H.B. 204
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(ii) offering an alternative deadline or schedule; or
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(iii) offering an alternative examination, assignment, or activity.
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[(1)] (2)(a) An institution shall, for any course:
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[(a)] (i) reasonably accommodate a student's absence from an examination or other
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academic requirement under the circumstances described in Subsection [(2)] (3)
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for reasons of:
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[(i)] (A) the student's [faith] religion or conscience; or
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[(ii)] (B) the student's participation in an organized activity conducted under the
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auspices of the student's religious tradition or religious organization; and
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[(b)] (ii) ensure that an accommodation described in Subsection [(1)(a)] (2)(a)(i) does
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not adversely impact the student's academic opportunities.
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(b) An institution shall, for a course that the institution mandates for graduation or for an
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academic major, reasonably accommodate a student's objection to a required
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assignment or activity for reasons of the student's sincerely held religious or
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conscience belief.
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[(2)] (3) An institution shall make an accommodation described in Subsection [(1)] (2) if:
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(a) for an accommodation described in Subsection (2)(a), the time at which an
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examination or academic requirement is scheduled to occur creates an undue
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hardship for a student due to the student's sincerely held religious or conscience
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belief; and
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(b) the student provides a written notice to the instructor of the course for which the
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student seeks the accommodation regarding [the date of the examination or academic
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requirement for which the student seeks ]the accommodation.
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[(3)] (4) An institution shall establish policies related to the accommodation described in
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Subsection [(1)] (2) that:
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(a) require the institution to provide the accommodation with respect to [when the
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student participates] the student's participation in examinations and other academic
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requirements;
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(b) allow an instructor who receives a notice described in Subsection [(2)(b)] (3)(b) to:
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(i) schedule an alternative examination time before or after the regularly scheduled
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examination; or
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(ii) make accommodations for other academic requirements related to the
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accommodation; and
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(c) require an instructor who receives a notice described in Subsection [(2)(b)] (3)(b) to
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H.B. 204
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keep confidential a student's request for the accommodation.
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[(4)] (5)(a) The commissioner shall annually:
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(i) create a list of the dates of religious holidays for the following two years; and
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(ii) distribute the list described in Subsection [(4)(a)] (5)(a) to an institution.
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(b) The creation and distribution of the list described in Subsection [(4)(a)] (5)(a)(i) does
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not prohibit a student from seeking, or an institution from granting, an
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accommodation for a date of a religious holiday that is not included on that list.
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[(5)] (6) An institution shall:
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(a) designate a point of contact for information about an accommodation described in
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Subsection [(1)] (2);
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(b) establish a process by which a student or educator may submit a grievance with
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regards to implementation of this section; and
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(c) publish the following information on the institution's website and update the
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information annually:
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(i) the institution's religious and conscience accommodation policies described in
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Subsection [(3)] (4);
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(ii) the point of contact described in Subsection [(5)(a)] (6)(a);
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(iii) the list described in Subsection [(4)] (5);
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(iv) a description of the general procedure to request an accommodation described in
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Subsection [(1)] (2); and
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(v) the grievance process described in Subsection [(5)(b)] (6)(b).
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(7) The board shall establish policies to:
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(a) ensure the protection of students' sincerely held religious and conscience beliefs;
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(b) provide guidelines for the institution policies described in Subsection (4), including
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guidance for avoiding encroachment on a student's sincerely held religious and
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conscience beliefs; and
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(c) provide parameters for the accommodations described in this section.
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Section 2. Effective Date.
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This bill takes effect on July 1, 2026.
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As enrolled or final
9,553 characters
Enrolled Copy
H.B. 204
1
Higher Education Student Belief Accommodation
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael J. Petersen
Senate Sponsor: Brady Brammer
2
3
LONG TITLE
4
General Description:
5
This bill broadens a protection for a student's sincerely held religious and conscience beliefs.
6
Highlighted Provisions:
7
This bill:
8
▸
defines terms;
9
▸
broadens the scope of a requirement for a reasonable accommodation regarding a
10
student's sincerely held religious and conscience beliefs;
11
▸
requires certain notifications and a review process;
12
▸
broadens the scope of policies that an institution of higher education establishes;
13
▸
requires the Utah Board of Higher Education to adopt certain policies; and
14
▸
makes technical and conforming changes.
15
Money Appropriated in this Bill:
16
None
17
Other Special Clauses:
18
None
19
Utah Code Sections Affected:
20
AMENDS:
21
53H-7-903, as renumbered and amended by Laws of Utah 2025, First Special Session,
22
Chapter 8
23
24
Be it enacted by the Legislature of the state of Utah:
25
Section 1. Section 53H-7-903 is amended to read:
26
53H-7-903 . Student religious and conscience accommodations.
27
(1) As used in this section:
H.B. 204
Enrolled Copy
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(a) "Conscience" means the same as that term is defined in Section 67-27-106.
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(b) "Fundamental alteration" means a change so significant in an examination or
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assignment that the change:
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(i) alters the essential nature, objectives, or standards of a class, program, or degree;
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and
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(ii) negatively impacts the student's ability, as a neutral arbiter, whom the institution
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designates under Subsection (5)(f) determines, to:
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(A) master essential learning outcomes of the course, program, or degree; or
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(B) acquire the knowledge, skills, or competencies necessary to pass the course,
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program, or degree.
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(c) "Matter of public concern" means speech that relates to a political, social, religious,
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moral, or community matter.
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(d) "Reasonably accommodate" means taking reasonable steps to modify expectations
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for a student's participation in an examination or other academic requirement by:
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(i) excusing participation;
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(ii) offering an alternative deadline or schedule; or
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(iii) offering an alternative examination or assignment.
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[(1)] (2) [An] In accordance with Subsection (3), an institution shall:
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(a) for any course:
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[(a)] (i) reasonably accommodate a student's absence from an examination or other
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academic requirement under the circumstances described in Subsection [(2)] (3)
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for reasons of:
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[(i)] (A) the student's [faith] religious or conscience belief; or
51
[(ii)] (B) the student's participation in an organized activity conducted under the
52
auspices of the student's religious tradition or religious organization; and
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[(b)] (ii) ensure that an accommodation described in Subsection [(1)(a)] (2)(a)(i) does
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not adversely impact the student's academic opportunities[.] ; and
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(b) for a course that the institution mandates for graduation or for an academic major,
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reasonably accommodate a student's objection to a required examination or
57
assignment for reasons of the student's sincerely held religious or conscience belief if
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the requested accommodation does not create a fundamental alteration.
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[(2)] (3) An institution shall make an accommodation described in Subsection [(1)] (2) if:
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(a) for an accommodation described in Subsection (2)(a), the time at which an
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examination or academic requirement is scheduled to occur [creates an undue
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Enrolled Copy
H.B. 204
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hardship for a student due to] conflicts with the student's sincerely held religious or
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conscience belief; and
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(b) for any accommodation described in Subsection (2), the student provides a written
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prior notice to the instructor of the course for which the student seeks the
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accommodation regarding [the date of the examination or academic requirement for
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which the student seeks ] the request for the accommodation.
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(4)(a) An instructor shall:
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(i) respond to a request for an accommodation as soon as practicable and in
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accordance with institutional polices described in Subsection (5); and
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(ii) if the instructor denies the request, notify the student and the institution of the
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denial, including the reason for the denial, as soon as practicable and in
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accordance with the institutional policies described in Subsection (5).
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(b) An instructor may not compel a student to publicly take or communicate a specified
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position on a matter of public concern as the student's own, including by requiring a
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student to write a letter to a lawmaker, write a letter to an editor, write an article for
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publication, publish an opinion online or on social media, or create or publish a
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podcast.
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[(3)] (5) An institution shall establish policies and procedures, with guidance from the
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board, related to the accommodation described in Subsection [(1)] (2) that:
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(a) require the institution to provide the accommodation with respect to [when the
82
student participates] the student's participation in examinations and other academic
83
requirements;
84
(b) allow an instructor who receives a notice described in Subsection [(2)(b)] (3)(b) to:
85
(i) schedule an alternative examination time before or after the regularly scheduled
86
examination; or
87
(ii) make accommodations for other academic requirements related to the
88
accommodation;[ and]
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(c) require an instructor who receives a notice described in Subsection [(2)(b)] (3)(b) to
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keep confidential a student's request for the accommodation[.] , unless disclosure is
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permitted by law;
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(d) address a reasonable timeframe within which:
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(i) a student must submit a request described in Subsection (3)(b) to an instructor; and
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(ii) an instructor must respond to a student's request described in Subsection (3)(b);
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(e) outline a process by which an instructor shall, if the instructor denies the student's
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H.B. 204
Enrolled Copy
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request for an accommodation described in Subsection (2):
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(i) notify the institution of the instructor's denial of the student's request; and
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(ii) provide to the institution a written explanation of why the instructor denied the
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request; and
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(f) designate one or more neutral arbiters with the academic and subject matter expertise
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necessary to review a denial described under Subsection (5)(e) and determine
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whether the requested accommodation constitutes a fundamental alteration.
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[(4)] (6)(a) The commissioner shall annually:
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(i)(A) create a list of the dates of religious holidays for the following two years;
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and
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[(ii)] (B) distribute the list described in this Subsection [(4)(a)] (6)(a)(i) to an
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institution[.] ; and
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(ii) upon the request of the Education Interim Committee, ensure the inclusion of
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information institutions report under Subsection (7)(c) in an annual report to the
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Legislature described in Section 53H-1-403.
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(b) The creation and distribution of the list described in Subsection [(4)(a)] (6)(a)(i) does
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not prohibit a student from seeking, or an institution from granting, an
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accommodation for a date of a religious holiday that is not included on that list.
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[(5)] (7) An institution shall:
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(a) designate a point of contact for information about an accommodation described in
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Subsection [(1)] (2), who may also serve as the neutral arbiter described in Subsection
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(5)(f);
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[(b) establish a process by which a student may submit a grievance with regards to
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implementation of this section; and]
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[(c)] (b) publish the following information on the institution's website and update the
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information annually:
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(i) the institution's religious and conscience belief accommodation policies described
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in Subsection [(3)] (5);
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(ii) the point of contact described in Subsection [(5)(a)] (7)(a);
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(iii) the list described in Subsection [(4)] (6)(a);
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(iv) a description of the general procedure to request an accommodation described in
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Subsection [(1)] (2); and
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(v) the grievance process described in Subsection [(5)(b).] (5)(f);
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(c) submit an annual report to the board, no later than December 1 of each year,
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Enrolled Copy
H.B. 204
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detailing, for the previous academic year, any neutral arbiter decisions under
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Subsection (5); and
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(d) no later than December 1, 2026, report to the board the institutional policies the
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institution creates in accordance with Subsection (5).
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(8) The board shall:
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(a) establish policies to ensure the protection of students' sincerely held religious and
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conscience beliefs; and
137
(b) provide guidelines for the institution policies described in Subsection (5), including
138
parameters for the accommodations described in this section and guidance for
139
protecting a student's sincerely held religious and conscience beliefs.
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(9) Nothing in this section interferes with federal law.
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Section 2. Effective Date.
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This bill takes effect on May 6, 2026.
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