Text of UT HB 303 (2024)

H.B. 303 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: M. Curtis 6 6 01-16-24 11:34 AM 6 H.B. 303 1 SCHOOL CURRICULUM REQUIREMENTS 2 2024 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Jeffrey D. Stenquist 5 Senate Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill amends provisions that prohibit school officials and employees from 10 endorsing, promoting, or disparaging certain beliefs or viewpoints. 11 Highlighted Provisions: 12 This bill: 13 < amends provisions that prohibit school officials and employees from endorsing, 14 promoting, or disparaging certain beliefs or viewpoints; 15 < clarifies the application of the prohibition on viewpoint partiality; 16 < provides indemnification for claims arising from the prohibition on viewpoint 17 partiality; and 18 < makes technical changes. 19 Money Appropriated in this Bill: 20 None 21 Other Special Clauses: 22 This bill provides a special effective date. 23 Utah Code Sections Affected: 24 AMENDS: 25 53G-10-202, as last amended by Laws of Utah 2023, Chapter 294 26 27 Be it enacted by the Legislature of the state of Utah: *HB0303* H.B. 303 01-16-24 11:34 AM - 2 - 28 Section 1. Section 53G-10-202 is amended to read: 29 53G-10-202. Maintaining constitutional freedom in the public schools - 30 Viewpoint neutrality. 31 (1) Except as provided in this section and Section 53G-10-206, any instructional 32 activity, performance, or display which includes examination of or presentations about religion, 33 political or religious thought or expression, or the influence thereof on music, art, literature, 34 law, politics, history, or any other element of the curriculum, including the comparative study 35 of religions, which is designed to achieve academic educational objectives included within the 36 context of a course or activity and conducted in accordance with applicable rules or policies of 37 the state and LEA governing boards, may be undertaken in the public schools. 38 (2) No aspect of cultural heritage, political theory, moral theory, or societal value shall 39 be included within or excluded from public school curricula for the primary reason that it 40 affirms, ignores, or denies religious belief, religious doctrine, a religious sect, or the existence 41 of a spiritual realm or supreme being. 42 (3) Public schools may not sponsor or deny the practice of prayer or religious 43 devotionals. 44 (4) (a) School officials and employees may not: 45 (i) use [their positions] the official's or employee's position, through instruction, 46 materials, or a display of symbols, images, or language to endorse, promote, or disparage a 47 particular: 48 (A) religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint[.]; 49 (B) political or social belief or viewpoint; or 50 (C) viewpoint regarding sexual orientation or gender identity; or 51 (ii) invite, suggest, or encourage a student to reconsider or change the student's: 52 (A) religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint; 53 (B) political or social belief or viewpoint; or 54 (C) sexual orientation or gender identity. 55 (b) Nothing in this Subsection (4) prohibits an individual from: 56 (i) wearing religious clothing or accessories that are central to the individual's sincerely 57 held religious belief; 58 (ii) displaying personal photographs of the individual's family members; 01-16-24 11:34 AM H.B. 303 - 3 - 59 (iii) displaying the flag of the United States of America, the state, or another nation or 60 state that is related to the relevant approved curriculum; or 61 (iv) discussing an age-appropriate topic or displaying an age-appropriate image or 62 symbol that: 63 (A) is a component of an approved curriculum; and 64 (B) does not endorse, promote, or disparage as described in Subsection (4)(a). 65 (c) The state shall defend, indemnify, and hold harmless a person acting under color of 66 state law to enforce this Subsection (4) for any claims or damages, including court costs and 67 attorney fees, that: 68 (i) are brought or incurred as a result of this Subsection (4); and 69 (ii) are not covered by the person's insurance policies or by any coverage agreement 70 that the State Risk Management Fund issued. 71 Section 2. Effective date. 72 This bill takes effect on July 1, 2024.