Intellectual Diversity in Education and Government

57
53E-1-201
53E-3-1101
53G-2-103
53G-2-104
53G-2-105
53G-7-701
53G-7-702
53G-7-703
53G-7-704
53G-7-705
53G-7-706
53G-7-707
53G-7-708
53G-7-709
53G-7-710
53G-7-711
53G-7-712
53H-1-402
53H-1-502
53H-1-503
53H-1-504
53H-6-302
67-27-107
67-27-108
67-27-109
0
Intellectual Diversity in Education and Government
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John D. Johnson
House Sponsor: Katy Hall
LONG TITLE
General Description:
This bill amends and enacts provisions regarding intellectual diversity within the public and
higher education systems and state government.
Highlighted Provisions:
This bill:
defines terms;
amends provisions regarding prohibited discriminatory practices, submissions, and
training within the public and higher education systems and state government, including
reporting requirements;
amends provisions regarding curricular and noncurricular clubs within the public
education system, including ensuring objective and uniform treatment of noncurricular
clubs;
provides that existing prohibitions on a discriminatory practice does not restrict a
presentation or instruction by a guest lecturer in an academic course or a speaker who
speaks at an institution of higher education by invitation;
requires each institution of higher education to:
organize certain events on public policy issues, including debates and representation of
differing perspectives; and
provide public accessibility and transparency through event calendars; 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:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 9
53E-3-1101
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53G-2-103
Effective
07/01/26
, as enacted by Laws of Utah 2024, Chapter 3
53G-2-104
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53G-2-105
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53G-7-701
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-702
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-703
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-704
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-705
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-706
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2018,
Chapter 3
53G-7-707
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-708
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-709
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-710
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2018,
Chapter 3
53G-7-711
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53G-7-712
Effective
07/01/26
, as last amended by Laws of Utah 2019, Chapter 293
53H-1-402
Effective
07/01/26
Partially Repealed
07/01/27
, as renumbered and
amended by Laws of Utah 2025, First Special Session, Chapter 8
53H-1-502
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 8
53H-1-503
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 8
53H-1-504
Effective
07/01/26
, as renumbered and amended by Laws of Utah 2025,
First Special Session, Chapter 8
67-27-107
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
67-27-108
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
67-27-109
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
ENACTS:
53H-6-302
Effective
07/01/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-1-201
is amended to read:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
. Reports to and
action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Education Interim Committee:
(a)
the report described in Section
9-22-109
by the STEM Action Center Board,
including the information described in Section
9-22-113
on the status of the computer
science initiative and Section
9-22-114
on the Computing Partnerships Grants
Program;
(b)
the prioritized list of data research described in Section
53H-15-303
and the report
on research and activities described in Section
53H-15-305
by the Utah Data
Research Center;
(c)
the report described in Section
53H-1-203
by the Utah Board of Higher Education on
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section
53H-1-203
;
(e)
the reports described in Section
53H-7-603
by the Utah Board of Higher Education
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(g)
the annual report described in Section
53E-2-202
by the state board on the strategic
plan to improve student outcomes;
(h)
the report described in Section
53E-3-501
by the state board on students in an LEA
who receive academic credit through the packet method;
(i)
the report described in Section
53E-8-204
by the state board on the Utah Schools for
the Deaf and the Blind;
(j)
the report described in Section
53E-10-703
by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k)
the report described in Section
53E-3-1101
by the state board regarding prohibited
discriminatory practices, submissions, and training;
(k)
(l)
the report described in Section
53F-2-522
regarding mental health screening
programs;
(l)
(m)
the report described in Section
53F-4-203
by the state board and the
independent evaluator on an evaluation of early interactive reading software;
(m)
(n)
the report described in Section
53F-6-412
by the program manager of the Utah
Fits All Scholarship Program;
(n)
(o)
the report described in Section
63N-20-107
by the Governor's Office of
Economic Opportunity on UPSTART;
(o)
(p)
the report described in Section
53F-5-215
by the state board related to a grant
for an elementary teacher preparation assessment;
(p)
(q)
upon request, the report described in Section
53F-5-219
by the state board on
the Local Innovations Civics Education Pilot Program;
(q)
(r)
the report described in Section
53F-5-405
by the state board regarding an
evaluation of a partnership that receives a grant to improve educational outcomes for
students who are low-income;
(s)
the report described in Section
53H-1-502
by the Utah Board of Higher Education
regarding prohibited discriminatory practices, submissions, and training;
(r)
(t)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council;
(s)
(u)
the report described in Section
53G-7-221
by the state board regarding
innovation plans; and
(t)
(v)
the reports described in Section
53F-6-412
regarding the Utah Fits All
Scholarship Program.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
regarding campus expression climate surveys
;
(b)
in 2025, the report described in Section
53H-6-203
by a degree-granting institution
regarding policies on abusive coaching practices;
(c)
if required, the report described in Section
53E-4-309
by the state board explaining
the reasons for changing the grade level specification for the administration of
specific assessments;
(d)
if required, the report described in Section
53E-5-210
by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide
assessment;
(e)
the report described in Section
53E-10-702
by Utah Leading through Effective,
Actionable, and Dynamic Education;
(f)
if required, the report described in Section
53F-2-513
by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in
high-poverty schools;
(g)
upon request, the report described in Section
53F-10-303
by the state board
regarding the Rural School Sports Facilities Grant Program;
(h)
upon request, a report described in Section
53G-7-222
by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative
education program;
(i)
the reports described in Section
53G-11-304
by the state board regarding proposed
rules and results related to educator exit surveys; and
(j)
the report described in Section
26B-5-113
by the Office of Substance Use and Mental
Health, the state board, and the Department of Health and Human Services regarding
recommendations related to Medicaid reimbursement for school-based health
services.
(3)
In accordance with applicable provisions and Section
68-3-14
, every five years the
Education Interim Committee shall review the programs described in the following
sections of code:
(a)
beginning July 1, 2027,
Title
53E, Chapter 10, Part 3
Chapter 10, Part 3
, Concurrent
Enrollment;
(b)
beginning July 1, 2027, Section
53F-2-408
, Enhancement for Accelerated Students
Program;
(c)
beginning July 1, 2027, Section
53F-2-409
, Concurrent enrollment funding;
(d)
beginning July 1, 2027, Section
53F-2-415
, Student health and counseling support --
Qualifying personnel -- Distribution formula -- Rulemaking;
(e)
beginning July 1, 2028, Section
53F-2-416
, Appropriation and distribution for the
Teacher and Student Success Program;
(f)
beginning July 1, 2028, Section
53F-2-510
, Digital Teaching and Learning Grant
Program;
(g)
beginning July 1, 2028, Section
53F-9-306
, Teacher and Student Success Account;
(h)
beginning July 1, 2028, Title
53G, Chapter 7, Part 13
, Teacher and Student Success
Program; and
(i)
beginning July 1, 2029, Section
53F-2-502
, Dual language immersion.
Section 2. Section
53E-3-1101
is amended to read:
53E-3-1101
Effective
07/01/26
. Prohibited discriminatory practices --
Restrictions -- Reporting.
(1)
As used in this section, "prohibited discriminatory practice" means the same as that term
is defined in Section
53H-1-504
.
(2)
The state board may not:
(a)
establish or maintain an office, division, or employment position established to
implement, develop, plan, or promote policies, procedures, practices, programs, or
initiatives, regarding
a
prohibited discriminatory
practices
practice
; or
(b)
employ or assign an employee or a third-party whose duties
for the state board
include coordinating, creating, developing, designing, implementing, organizing,
planning, or promoting policies, programming, training, practices, activities,
and
or

procedures relating to
a
prohibited discriminatory
practices
practice
.
(3)
Nothing in this section limits or prohibits the state board's authority to establish policies
that are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment.
(4)
The state board shall
provide an update
report
to the Education Interim Committee and
Public Education Appropriations Subcommittee on

:
(a)
the state board's compliance with this section at or before:
(a)
(i)
the Education Interim Committee's November interim committee meeting; and
(b)
(ii)
the Public Education Appropriations Subcommittee
December
final
interim
subcommittee meeting
.
; and
(b)
violations the state board identifies in accordance with Sections
53G-2-103
,
53G-2-104
, and
53G-2-105
.
Section 3. Section
53G-2-103
is amended to read:
53G-2-103
Effective
07/01/26
. Prohibition on the use of certain submissions in
public education -- Exceptions.
(1)
As used in this section, "prohibited submission" means the same as that term is defined
in Section
67-27-107
53H-1-502
.
(2)
Except as provided in Subsections
(4)
(4)(a)
and
(6)
(5)
, an LEA may not require,
request, solicit, or compel a prohibited submission as a certification or condition before
taking action with respect to:
(a)
employment, including decisions regarding:
(i)
hiring;
(ii)
terms of employment;
(iii)
benefits;
(iv)
compensation;
(v)
seniority status;
(vi)
tenure or continuing status;
(vii)
promotion;
(viii)
performance reviews;
(ix)
transfer;
(x)
termination; or
(xi)
appointment;
(b)
enrollment or graduation from the LEA;
(c)
participation in LEA-sponsored programs; or
(d)
qualification for or receipt of state financial aid or other state financial assistance.
(3)
An LEA may not grant any form of preferential consideration to an individual who,
with or without solicitation from the LEA, provides a prohibited submission for
consideration for any action described in Subsection
(2)
.
(4)
(a)
If federal law requires an LEA to accept or require a prohibited submission, the
LEA:
(a)
(i)
may accept the prohibited submission only to the extent required under
federal law; and
(b)
(ii)
shall limit consideration of the information contained in the prohibited
submission to the extent necessary to satisfy the requirement under federal law.
(5)
(b)
For a required prohibited submission under Subsection
(4)
(4)(a)
, an LEA shall
notify the state board detailing the circumstances under which
a
the
prohibited
submission
under Subsection (4)
is required.
(6)
(5)
Nothing in this section limits or prohibits an LEA's authority to establish policies
that:
(a)
are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment; or
(b)
require an applicant for employment, tenure, continuing status, or promotion to
disclose or discuss the applicant's:
(i)
teaching record;
(ii)
artistic creations; or
(iii)
pedagogical approaches or experiences with students of all learning abilities.
(7)
(6)
If the state board identifies a reported violation of this section, the state board shall
provide an update to the Education Interim Committee on an LEA's compliance with
this section at or before the Education Interim Committee's November interim
committee meeting
include information regarding the violation in the report described in
Section
53E-3-1101
.
(8)
(7)
An individual may bring a violation of this section to the state board in accordance
with the process described in Section
53E-3-401
.
Section 4. Section
53G-2-104
is amended to read:
53G-2-104
Effective
07/01/26
. Prohibition on the use of certain training in
public education -- Exceptions.
(1)
As used in this section:
(a)
"Prohibited training" means a mandatory instructional program
and related materials
that
that:
(i)
an LEA requires the LEA's employees, prospective employees, students, or
prospective students
,
to attend
that promote
; and
(ii)
promotes a
prohibited discriminatory
practices
practice,
as that term is defined in
Section
53H-1-504
.
(b)
"Prohibited training" includes an in-person or online seminar, discussion group,
workshop, other program, or related materials.
(2)
An LEA may not require prohibited training.
(3)
Nothing in this section limits or prohibits an LEA's authority to establish policies that
are necessary to comply with state or federal law, including laws relating to prohibited
discrimination or harassment.
(4)
If the state board identifies a reported violation of this section, the state board shall
provide an update to the Education Interim Committee on an LEA's compliance with
this section at or before the Education Interim Committee's November interim
committee meeting
include information regarding the violation in the report described in
Section
53E-3-1101
.
(5)
An individual may bring a violation of this section to the state board in accordance with
the process described in Section
53E-3-401
.
Section 5. Section
53G-2-105
is amended to read:
53G-2-105
Effective
07/01/26
. Prohibited discriminatory practices --
Restrictions -- Reporting.
(1)
As used in this section, "prohibited discriminatory practice" means the same as that term
is defined in Section
53H-1-504
.
(2)
An LEA may not:
(a)
engage in
a
prohibited discriminatory
practices
practice
;
(b)
establish or maintain an office, division, employment position, or other unit of an
institution established to implement, develop, plan, or promote campus policies,
procedures, practices, programs, or initiatives, regarding
a
prohibited discriminatory
practices
practice
; or
(c)
employ or assign an employee or a third-party whose duties
for an institution
include coordinating, creating, developing, designing, implementing, organizing,
planning, or promoting policies, programming, training, practices, activities, and
procedures relating to
a
prohibited discriminatory
practices
practice
.
(3)
An LEA shall ensure that all students have access to programs providing student
success and support
without excluding individuals on the basis of an individual's
personal identity characteristic
, as that term is defined in Section
53H-1-504
.
(4)
Nothing in this section limits or prohibits an LEA's authority to establish policies that
are necessary to comply with state or federal law, including laws relating to prohibited
discrimination or harassment.
(5)
If the state board identifies a reported violation of this section, the state board shall
provide an update to the Education Interim Committee and the Public Education
Appropriations Subcommittee on an LEA's compliance with this section at or before the
Education Interim Committee's November interim committee meeting
include
information regarding the violation in the report described in Section
53E-3-1101
.
(6)
An individual may bring a violation of this section to the state board in accordance with
the process described in Section
53E-3-401
.
Section 6. Section
53G-7-701
is amended to read:
53G-7-701
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Bigotry" means action or advocacy of imminent action involving:
(a)
the harassment or denigration of a person or entity; or
(b)
any intent to cause a person not to freely enjoy or exercise any right secured by the
constitution or laws of the United States or the state, except that an evaluation or
prohibition may not be made of the truth or falsity of any religious belief or
expression of conscience unless the means of expression or conduct arising therefrom
violates the standards of conduct outlined in this section, Section
53G-10-203
, or 20
U.S.C. Sec. 4071(f).
(2)
"Club" means any student organization that meets during noninstructional time.
(3)
"Conscience" means a standard based upon learned experiences, a personal philosophy
or system of belief, religious teachings or doctrine, an absolute or external sense of right
and wrong which is felt on an individual basis, a belief in an external absolute, or any
combination of the foregoing.
(4)
"Curricular club" means a club
that is school sponsored and that
:
(a)
that a school sponsors;
(b)
that
may receive leadership, direction, and support from the school or school district
beyond providing a meeting place during noninstructional time
. An elementary
school curricular club means a club that is organized and directed by school sponsors
at the elementary school. A secondary school curricular club means a club:
; and
(c)
(a)
(i)
whose
with
subject matter
that
is taught or will soon be taught in a regular
course;
(b)
(ii)
whose
with
subject matter
that
concerns the body of courses as a whole;
(c)
(iii)
in which participation is required for a particular course; or
(d)
(iv)
in which participation results in academic credit.
(5)
(a)
"Discretionary time" means school-related time for students that is not
instructional time.
(b)
"Discretionary time" includes free time before and after school, during lunch and
between classes or on buses, and private time before athletic and other events or
activities.
(6)
"Elementary school curricular club" means a curricular club that a school sponsors,
organizes, and directs.
(6)
(7)
(a)
"Encourage criminal or delinquent conduct" means action or advocacy of
imminent action that violates any law or administrative rule.
(b)
"Encourage criminal or delinquent conduct" does not include discussions concerning
changing of laws or rules, or actions taken through lawfully established channels to
effectuate such change.
(7)
(8)
(a)
"Instructional time" means time during which

:
(i)
a school is responsible for a student
;
and

(ii)
the student is required or expected to be actively engaged in a learning activity.
(b)
"Instructional time" includes

:
(i)
instructional activities in the classroom or study hall during regularly scheduled
hours
,
;
(ii)
required activities outside the classroom
,
;
and

(iii)
counseling, private conferences, or tutoring provided by school employees or
volunteers acting in their official capacities during or outside of regular school
hours.
(8)
(9)
"Involve human sexuality" means:
(a)
presenting information in violation of laws governing sex education, including
Sections
53G-10-402
and
53E-9-203
;
(b)
advocating or engaging in sexual activity outside of legally recognized marriage or
forbidden by state law; or
(c)
presenting or discussing information relating to the use of contraceptive devices or
substances, regardless of whether the use is for purposes of contraception or personal
health.
(9)
"LEA governing board" means a local school board or charter school governing board.
(10)
"Limited open forum" means a forum created by a school district or charter school for
student expression within the constraints of Subsection
53G-10-203(2)(b)
.
(11)
"Noncurricular club"
is
means
a
student initiated group
club in a secondary school:
(a)
that
students initiate;
(b)
for which a school and LEA governing board
may
be authorized
authorize
and
allowed
allow
school facilities use during noninstructional time
in secondary
schools by a school and LEA governing board
in accordance with the provisions of
this part
. A noncurricular
; and
(c)
for which a school, LEA governing board, or employees of a school or school district
do not sponsor or endorse the
club's meetings, ideas, and activities
are not sponsored
or endorsed
in any way
by an LEA governing board, the school, or by school or
school district employees
.
(12)
"Noninstructional time" means time
set
that a school sets
aside
by a school
before
instructional time begins or after instructional time ends, including discretionary time.
(13)
"Personal identity characteristic" means the same as that term is defined in Section
53H-1-504
.
(14)
"Prohibited discriminatory practice" means the same as that term is defined in Section
53H-1-504
.
(13)
(15)
"Religious club" means a noncurricular club designated in its application as
either being religiously based or based on expression or conduct mandated by
conscience.
(14)
(16)
"School" means a public school, including a charter school.
(15)
(17)
(a)
"School facilities use" means access to a school facility, premises, or
playing field.
(b)
"School facilities use" includes access to a limited open forum.
(18)
"Secondary school curricular club" means a curricular club.
Section 7. Section
53G-7-702
is amended to read:
53G-7-702
Effective
07/01/26
. Student clubs -- Limited open forum --
Authorization -- Neutrality.
(1)
(a)
A school may establish and maintain a limited open forum for student clubs
pursuant to
in accordance with
the provisions of this part, state board rules, and LEA
governing board policies.
(b)
Notwithstanding
the provisions under
Subsection
(1)(a)
, a school retains the right
to create a closed forum at any time by allowing curricular clubs only.
(2)
(a)
A school shall review applications for authorization of clubs on a case-by-case
basis.
(b)
Before granting an authorization, the school shall find:
(i)
that the proposed club meets this part's respective requirements of a curricular club
or a noncurricular club; and
(ii)
that the proposed club's purpose and activities comply with this part
, state board
rules, and LEA governing board rules
.
(c)
Before granting an authorization, a school may request additional information from
the faculty sponsor, from students proposing the club, or from
its
the school's
LEA
governing board
, if desired
.
(3)
A school shall

:
(a)
grant authorization and school facilities use to curricular and noncurricular clubs
whose applications are found to meet
if the school finds that the relevant club's
application meets
the requirements of this part, rules of the state board, and
policies
of the
LEA governing board
rules;
and
shall
(b)
limit or deny authorization or school facilities use to proposed clubs that

:
(i)
do not meet the requirements of this part, rules of the state board,
and policies of
the
or
LEA governing board
.
rules;
(ii)
for curricular clubs, promote, degrade, or otherwise identify, in the club's general
purpose, a personal identity characteristic;
(iii)
for noncurricular clubs, degrade, in the club's general purpose, a personal identity
characteristic; or
(iv)
promote or encourage a prohibited discriminatory practice.
(4)
Rules of the state board or an LEA governing board regarding clubs and actions of a
school in authorizing clubs may not, except as provided in this part:
(a)
subject a club to standards, requirements, or limitations based on the purpose or
content of the club to which other clubs of the same designation, of either curricular
or noncurricular, are subject; and
(b)
condition authorization of, restrict, or limit the club based on a political or policy
position of the club.
(5)
(a)
Nothing in this part prohibits discussion of historical, cultural, religious, or social
issues related to a personal identity characteristic within a curricular or noncurricular
club with membership that remains open, in relation to personal identity
characteristics, in accordance with this part and state and federal nondiscrimination
law.
(b)
An LEA or school may not grant academic credit, course credit, preferential grading
treatment, or excused absences for participation in political advocacy, partisan
activity, or public protest, regardless of membership in a curricular or noncurricular
club.
(c)
Nothing in this Subsection
(5)
prohibits instruction regarding civic processes, public
policy, or governmental institutions if participation in political advocacy or public
demonstration is not required or incentivized as a condition of academic credit or
attendance.
Section 8. Section
53G-7-703
is amended to read:
53G-7-703
Effective
07/01/26
. Curricular clubs -- Authorization.
(1)
Faculty members or students proposing a curricular club shall submit written
application for authorization on a form approved by the LEA governing board.
(2)
An LEA governing board may exempt
from the authorization requirements under this
section
a club
whose
:
(a)
with
membership
that
is determined by student body election
;
or
a club
(b)
that is governed by an association that regulates interscholastic activities
from the
authorization requirements under this section
.
(3)
An application for authorization of a curricular club shall include:
(a)
the recommended club name;
(b)
a statement of the club's

:
(i)
purpose
,
that supports or enhances a specific course, academic pathway, or
instructional program;
(ii)
goals
,
;
and

(iii)
activities;
(c)
a statement of the club's categorization
, which shall be included in the parental
consent required under Section
53G-7-709
, indicating
that indicates
all of the
following that may apply:
(i)
athletic;
(ii)
business/economic;
(iii)
agriculture;
(iv)
art/music/performance;
(v)
science;
(vi)
gaming;
(vii)
religious;
(viii)
community service/social justice; and
(ix)
other;
(d)
the recommended meeting times, dates, and places;
(e)
a statement that the club will comply with the provisions of this part and all other
applicable laws, rules, or policies; and
(f)
a budget showing

:
(i)
the amount and source of any funding
provided or to be provided to
the club
receives or will receive;
and
its
(ii)
the
proposed use
of the funding
.
(4)
The application may be as brief as a single page
so long as it
if
the application
contains
the items required under this section.
(5)
A school shall approve the name of a curricular club
if the name is
consistent with the
club's purposes and
its
school sponsorship.
(6)
(a)
A school shall determine curriculum relatedness by strictly applying this part's
definition of curricular club to the club application.
(b)
If the school finds that the proposed club is a curricular club, the school shall
continue to review the application as an application for authorization of a curricular
club.
(c)
If the school finds that the proposed club is a noncurricular club, the school may:
(i)
return the application to the faculty member or students proposing the club for
amendment; or
(ii)
review the application as an application for authorization of a noncurricular club

in accordance with Section
53G-7-704
.
(7)
(a)
Only
An elementary school may only authorize
curricular clubs
may be
authorized for elementary schools
.
(b)
A school governing body may limit, or permit a secondary school to limit, the
authorization of clubs at the secondary school to only curricular clubs.
Section 9. Section
53G-7-704
is amended to read:
53G-7-704
Effective
07/01/26
. Noncurricular clubs -- Annual authorization.
(1)
A noncurricular club shall have a minimum of three members.
(2)
Students proposing a noncurricular club shall submit a written application for
authorization on a form approved by the LEA governing board.
(3)
An application for authorization of a noncurricular club shall include
:
the information
required under Subsection
53G-7-703(3)
.
(a)
the recommended club name;
(b)
a statement of the club's purpose, goals, and activities;
(c)
a statement of the club's categorization, which shall be included in the parental
consent required under Section
53G-7-709
, indicating all of the following that may
apply:
(i)
athletic;
(ii)
business/economic;
(iii)
agriculture;
(iv)
art/music/performance;
(v)
science;
(vi)
gaming;
(vii)
religious;
(viii)
community service/social justice; and
(ix)
other;
(d)
the recommended meeting times, dates, and places;
(e)
a statement that the club will comply with the provisions of this part and all other
applicable laws, rules, or policies; and
(f)
a budget showing the amount and source of any funding provided or to be provided
to the club and its proposed use.
(4)
The application may be as brief as a single page
so long as it
if the application
contains
the items required under this section.
(5)
(a)
An LEA governing board may provide for approval of a noncurricular club name
in an action separate from
that
the action
relating to authorization of the club
itself
.
(b)
An LEA governing board shall require
that
:
(i)
that
a noncurricular club name
shall
reasonably reflect the club's purpose,
goals, and activities; and
(ii)
that
the noncurricular club name
shall
be a name that would not result in or
imply

:
(A)
a violation of this part
.
;
(B)
undue disruption of school operations;
(C)
subjecting students to harassment or persecution; or
(D)
operation of the group in violation of law or rule.
(c)
Except as provided in this part, an LEA or school may not approve, deny, or
condition authorization of a noncurricular club based on a viewpoint that the club
expresses.
(6)
In accordance with Subsection
53G-7-703(7)
, an elementary school may not authorize a
noncurricular club.
(7)
If a school allows a noncurricular club, the school shall allow all noncurricular clubs
that meet the qualifications of this part, state board rules, and LEA governing board
rules.
(8)
(a)
Each LEA shall:
(i)
publish on the LEA's website a list and short description of all authorized
noncurricular clubs within the LEA; and
(ii)
ensure uniformity in the treatment of similar clubs across schools within the LEA.
(b)
During the application review process, a school shall consult the list described in
Subsection
(8)(a)
from the relevant LEA and neighboring LEAs.
Section 10. Section
53G-7-705
is amended to read:
53G-7-705
Effective
07/01/26
. Clubs -- Limitations and denials.
(1)
A school shall limit or deny authorization or school facilities use to a club, or require
changes
prior to
to the club's application before
granting authorization or school
facilities use:
(a)
as the school determines
it
to be necessary to:
(i)
protect the physical, emotional, psychological, or moral well-being of students and
faculty;
(ii)
maintain order and discipline on school premises;
(iii)
prevent a material and substantial interference with the orderly conduct of a
school's educational activities;
(iv)
protect the rights of parents and students;
(v)
maintain the boundaries of socially appropriate behavior; or
(vi)
ensure compliance with all applicable laws, rules, regulations, and policies; or
(b)
if a club's proposed charter and proposed activities indicate students or advisors in
club related activities would
,
as a substantial, material, or significant part of
their
the
student's or club's
conduct or means of expression:
(i)
encourage criminal or delinquent conduct;
(ii)
promote bigotry;
(iii)
involve human sexuality;
or
(iv)
involve any effort to engage in or conduct mental health therapy, counseling, or
psychological services for which a license
would be
is
required under state law
.
;
or
(v)
promote or encourage a prohibited discriminatory practice.
(2)
An LEA governing board
A school
has the
primary
authority to determine whether any
club meets the criteria of Subsection
(1)
.
(3)
If a school or LEA governing board limits or denies authorization to a club, the school
or LEA governing board shall provide, in writing, to the applicant the factual and legal
basis for the limitation or denial.
(4)
A student's spontaneous expression of sentiments or opinions otherwise identified in
Subsection
53E-9-203(1)
is not prohibited.
Section 11. Section
53G-7-706
is amended to read:
53G-7-706
Effective
07/01/26
. Faculty oversight of authorized clubs.
(1)
A school shall approve
the
a
faculty sponsor
, supervisor, or monitor
for each
authorized curricular
,
club and a faculty supervisor or monitor for each authorized

noncurricular
, and
or
religious club to provide oversight consistent with this part and
the needs of the school to ensure that the methods of expression, religious practices, or
other conduct of the students or advisors involved do not:
(a)
unreasonably interfere with the ability of school officials to maintain order and
discipline;
(b)
unreasonably endanger or threaten the well-being of persons or property;
(c)
violate concepts of civility or propriety appropriate to a school setting; or
(d)
violate applicable laws, rules, regulations, and policies.
(2)
(a)
A school shall annually approve faculty members as sponsors of curricular clubs.
(b)
Faculty sponsors shall organize and direct the purpose and activities of a curricular
club.
(3)
(a)
A school shall approve faculty members to serve as supervisors for authorized
noncurricular clubs.
(b)
A faculty supervisor shall provide oversight to ensure compliance with the approved
club purposes, goals, and activities
and
in accordance
with
the provisions of
this
part and other applicable laws, rules, and policies.
(c)
The approval of a faculty supervisor or monitor does not constitute school
sponsorship of the club.
(d)
A faculty monitor approved for a religious
, political, or public policy
club may not
participate in the activities of the
religious
club, except to perform the supervisory
role required by this section.
(4)
Without the prior approval by the school, a person who is not a school faculty member
or a club member may not:
(a)
make a presentation to a noncurricular club; or
(b)
direct, conduct, control, or regularly attend the meetings of a noncurricular club.
Section 12. Section
53G-7-707
is amended to read:
53G-7-707
Effective
07/01/26
. Use of school facilities by clubs.
(1)
A school shall determine and assign school facilities use for curricular and noncurricular
clubs consistent with the needs of the school.
(2)
The following provisions apply to curricular clubs:
(a)
in assigning school facilities use, the administrator may give priority to curricular
clubs over noncurricular clubs; and
(b)
the school may provide financial or other support to curricular clubs.
(3)
The following provisions apply to noncurricular clubs
on an equal basis to all
noncurricular clubs within an LEA
:
(a)
the school may not give
a preference or priority
may not be given
among
noncurricular clubs;
(b)
(i)
a school
shall
may
only provide the space for noncurricular club meetings; and
(ii)
a school may not spend public funds for noncurricular clubs, except as required to
implement
the provisions of
this part, including providing space and faculty
oversight for noncurricular clubs;
(c)
a school shall establish the noninstructional times during which noncurricular clubs
may meet;
(d)
a school may establish the places that noncurricular clubs may meet;
(e)
a school may set the number of hours noncurricular clubs may use the school's
facilities per month,
provided that
ensuring the equal treatment of
all noncurricular
clubs
shall be treated equally
; and
(f)
a school shall determine
what
the
access
a
noncurricular
clubs shall be given
club
may have
to the school newspaper, yearbook, bulletin boards, or public address
system,
provided that
ensuring the equal treatment of
all noncurricular clubs
shall
be treated equally
.
Section 13. Section
53G-7-708
is amended to read:
53G-7-708
Effective
07/01/26
. Club membership.
(1)
A school shall require written parental consent for student participation in all curricular
and noncurricular clubs at the school.
(2)
(1)
Membership
The following governs membership
in curricular clubs
is governed
by the following
:
(a)
(i)
a school or LEA governing board may limit
membership
may be limited
to
students who are currently attending the sponsoring school or school district; and
(ii)
members who attend a school other than the sponsoring school shall have, in
addition to the consent required under Section
53G-7-709
, specific parental
permission for membership in a curricular club at another school;
(b)
(i)
curricular clubs may require that prospective members try out based on
objective criteria outlined in the application materials; and
(ii)
try-outs may not require activities that violate the provisions of this part
and
or

other applicable laws, rules,
and
or
policies;
and
(c)
a school or curricular club may not:
(i)
promote, limit, or restrict membership based on a personal identity characteristic;
or
(ii)
require affirmation of a particular ideological or political belief unrelated to the
curricular purpose of the club described in Subsection
53G-7-703(3)(b)(i)
as a
condition of participation; and
(c)
(d)
other rules or policies as determined by the state board, school district, or school.
(3)
(2)
Membership
The following governs membership
in noncurricular clubs
is
governed by the following
:
(a)
student membership in a noncurricular club is voluntary;
(b)
a school or LEA governing board may limit
membership
shall be limited
to
students who are currently attending the school;
(c)
(i)
noncurricular clubs may require that prospective members try out based on
objective criteria outlined in the application materials; and
(ii)
try-outs may not require activities that violate the provisions of this part
and
or

other applicable laws, rules,
and
or
policies;
(d)
a copy of
an individual described in Subsection
53G-7-706(4)
who presents
any
written or other media materials
that were presented
at a noncurricular club meeting
by a nonschool person shall be delivered
shall deliver a copy of the materials
to a
school administrator no later than 24 hours after the noncurricular club meeting
and,
if requested,
;
(e)
a student's parent
shall have an opportunity to review those materials; and
may,
upon request, review the materials described in Subsection
(2)(d)
;
(f)
a school or noncurricular club may not limit or restrict membership based on a
personal identity characteristic; and
(e)
(g)
other rules or policies as determined by the state board, school district, or school.
Section 14. Section
53G-7-709
is amended to read:
53G-7-709
Effective
07/01/26
. Parental consent.
(1)
A school shall require written parental consent for student participation in all curricular
and noncurricular clubs at the school.
(2)
The
school shall ensure that the
consent described in Subsection
(1)

shall include
includes
an activity disclosure statement containing the following information:
(a)
the specific name of the club;
(b)
a statement of the club's purpose, goals, and activities;
(c)
a statement of the club's categorization
, which shall be obtained from
as described
in
the application for authorization of a club in accordance with
the provisions of
Section
53G-7-703
or
53G-7-704
, indicating all of the following that may apply:
;
(i)
athletic;
(ii)
business/economic;
(iii)
agriculture;
(iv)
art/music/performance;
(v)
science;
(vi)
gaming;
(vii)
religious;
(viii)
community service/social justice; and
(ix)
other;
(d)
beginning and ending dates;
(e)
a tentative schedule of the club activities with dates, times, and places specified;
(f)
personal costs associated with the club, if any;
(g)
the name of the sponsor, supervisor, or monitor who is responsible for the club; and
(h)
any additional information
considered
the school considers
important for the
students and parents to know.
(3)
All completed parental consent forms shall be filed by the
The
parent or the club's
sponsor, supervisor, or monitor
shall file all completed parental consent forms
with the
school's principal, the chief administrative officer of a charter school, or
their
the

designee
of the principal or chief administrative officer
.
Section 15. Section
53G-7-710
is amended to read:
53G-7-710
Effective
07/01/26
. Violations -- Investigations -- School responses.
(1)
A school shall investigate any report or allegation that an authorized curricular or
noncurricular club is:
(a)
participating in activities beyond the scope of
its
the club's
purpose; or
(b)
in violation of a provision of this part or another applicable law, rule, regulation, or
policy.
(2)
After meeting with the faculty sponsor, faculty supervisor, or faculty monitor, the
students involved, and the person making the report or allegation, if
the school
substantiates
a violation
is substantiated
, the school may
do any of the following
:
(a)
allow the club's original statement of
its
the club's
purpose, goals, and activities to
be modified to include the activities if
they
the activities
are in compliance with the
provisions of this part and other applicable laws, rules, regulations,
or
and
policies;
(b)
instruct the faculty sponsor, supervisor, or monitor not to allow similar violations in
the future;
(c)
limit or suspend the club's authorization or school facilities use pending further
corrective action as determined by the school; or
(d)
terminate the club's authorization and dissolve the club.
(3)
Any
A school shall ensure to use the least restrictive means necessary to satisfy the
school's interests as identified in this part, regarding any:
(a)
limitation on expression, practice, or conduct of any student, advisor, or guest in a
meeting of a curricular or noncurricular club
,
;
or

(b)
limitation on school facilities use
, shall be by the least restrictive means necessary
to satisfy the school's interests as identified in this part
.
(4)
A club that
has been terminated
a school terminates
in accordance with Subsection
(2)(d)
may not reapply for authorization until the following school year.
(5)
A student who makes a false allegation or report under this section
shall be
is
subject
to school discipline.
Section 16. Section
53G-7-711
is amended to read:
53G-7-711
Effective
07/01/26
. Appeals -- Procedures.
(1)
(a)
A
school shall investigate and approve or deny a
completed application or
complaint
shall be approved, denied, or investigated by the school
within a
reasonable amount of time.
(b)
If
a school denies
an application or complaint
is denied
,
the school shall:
(i)
state
written reasons for the denial or results of the investigation
shall be stated
;

and
,
(ii)
if appropriate,
make
suggested corrections
shall be made
to remedy the
deficiency.
(c)
A
school that denies a
club
that is denied
school facilities use shall
be informed
inform the club
at the time of the denial of

:
(i)
the factual and legal basis for the denial
,
;
and
,
(ii)
if appropriate, how
the club could correct
the basis for the denial
could be
corrected
.
(2)
(a)
If denied, suspended, or terminated, a
A
club,
a
student desirous of participating
or speaking, or a complaining parent, has 10 school days from the date of the denial,
suspension, or termination
of the club
to file a written appeal
from the denial,
suspension, or termination
to a designee
authorized by
whom
the LEA governing
board
authorizes
.
(b)
The designee
described in Subsection
(2)(a)

shall issue a determination within a
reasonable amount of time from receipt of the appeal
, which
.
(c)
The
decision
described in Subsection
(2)(b)

is final and constitutes satisfaction of all
administrative remedies unless
an agreement of all parties extends
the time for
evaluation
is extended by agreement of all parties
.
(3)
A person directly affected by a decision made in accordance with the provisions of this
part may appeal the decision by writing to a person designated by the LEA governing
board.
Section 17. Section
53G-7-712
is amended to read:
53G-7-712
Effective
07/01/26
. Rulemaking -- State board -- LEA governing
boards.
(1)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board may make rules governing clubs that do not conflict with this part.
(2)
The state board may adopt additional rules and
LEA governing boards may adopt
additional
policies governing clubs that do not conflict with
the provisions of
this part.
Section 18. Section
53H-1-402
is amended to read:
53H-1-402
Effective
07/01/26
Partially Repealed
07/01/27
. Reports to and
actions of the Higher Education Appropriations Subcommittee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Higher Education Appropriations Subcommittee:
(a)
the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
, regarding
prohibited discriminatory practices, submissions, and training
;
(b)
the reports described in Section
53H-1-203
by the board on:
(i)
system wide responses to changing demographics and workforce; and
(ii)
the board's activities and performance against the board's goals and metrics;
(c)
the report described in Section
53H-5-205
;
(d)
the report described in Section
53H-8-202
by the board on recommended
appropriations for higher education institutions and the board, including the report
described in Section
53H-11-406
by the board on the effects of offering nonresident
partial tuition scholarships;
(e)
the report described in Section
53H-8-306
by the Department of Workforce Services
and the Governor's Office of Economic Opportunity on targeted jobs;
(f)
the reports described in Section
53H-8-303
by the board on performance;
(g)
the report described in Section
53H-11-402
by the board on the Opportunity
Scholarship Program;
(h)
the report described in
Section

53H-13-309
regarding the talent advisory councils;
(i)
the report described in Section
53H-11-414
by the board on the Utah Promise
Program;
(j)
the report described in Section
53H-6-202
by the board on an institution
compensating a student athlete for the use of the student athlete's name, image, or
likeness;
(k)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council; and
(l)
the report described in Section
53E-10-308
by the State Board of Education and
board on student participation in the concurrent enrollment program.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
report is due to the Higher Education Appropriations Subcommittee
:
,
the board's report
regarding each institution's strategic reinvestment plan described in Section
53H-8-210
.
(3)
In accordance with applicable provisions, the Higher Education Appropriations
Subcommittee shall complete the following:
(a)
an appropriation recommendation described in Section
53H-1-504
regarding
compliance with Subsections
53H-1-504(5)
53H-1-504(3)(c)
and
(14)
53H-1-504(9)(a)
; and
(b)
as required by Section
53H-8-304
, the review of performance funding described in
Section
53H-8-304
.
(4)
In consultation with the board, the Higher Education Appropriations Subcommittee
shall study a re-design of:
(a)
the performance funding model described in Chapter
8, Part 3
, Performance Funding,
to better ensure:
(i)
institutional alignment with the statewide system of higher education and the
institution's mission within the statewide system; and
(ii)
investment in meeting localized and statewide workforce demands and securing
post-graduation employment outcomes; and
(b)
enrollment-based funding, including, for technical colleges, funding distribution
models that:
(i)
include equivalent funding value for secondary and adult students; and
(ii)
reflect the full responsibility of the technical college's statutorily-required
services.
Section 19. Section
53H-1-502
is amended to read:
53H-1-502
Effective
07/01/26
. Prohibition on the use of certain submissions in
higher education -- Exceptions.
(1)
As used in this section
, "prohibited
:
(a)
"Prohibited
submission" means
the same as that term is defined in Section
67-27-107
.
a submission, statement, or document that requires an individual to articulate the
individual's position, view, contribution, effort, or experience regarding a policy,
program, or initiative that promotes differential treatment based on an individual's
personal identity characteristic.
(b)
"Prohibited submission" includes a submission, statement, or document that relates
to a policy, program, or initiative regarding:
(i)
anti-racism;
(ii)
bias;
(iii)
critical race theory;
(iv)
implicit bias;
(v)
intersectionality;
(vi)
a prohibited discriminatory practice, as that term is defined in Section
53H-1-504
;
or
(vii)
racial privilege.
(c)
"Prohibited submission" does not include a submission, statement, or document for
an employment position if the submission, statement, or document relates to a bona
fide occupational qualification for the position.
(2)
Except as provided in Subsections
(4)
and
(6)
(5)
, an institution may not require,
request, solicit, or compel a prohibited submission as a certification or condition before
taking action with respect to:
(a)
employment, including decisions regarding:
(i)
hiring;
(ii)
terms of employment;
(iii)
benefits;
(iv)
compensation;
(v)
seniority status;
(vi)
tenure or continuing status;
(vii)
promotion;
(viii)
performance reviews;
(ix)
transfer;
(x)
termination; or
(xi)
appointment;
(b)
admission to, advancement in, or graduation from an institution or an academic
program;
(c)
participation in an institution-sponsored program; or
(d)
qualification for or receipt of state financial aid or other state financial assistance.
(3)
An institution may not grant any form of preferential consideration to an individual
who, with or without solicitation from the institution, provides a prohibited submission
for consideration for any action described in Subsection
(2)
.
(4)
(a)
If federal law requires an institution to accept or require a prohibited submission,
the institution:
(a)
(i)
may accept the prohibited submission only to the extent required under
federal law; and
(b)
(ii)
shall limit consideration of the information contained in the prohibited
submission to the extent necessary to satisfy the requirement under federal law.
(5)
(b)
For a required prohibited submission under Subsection
(4)
(4)(a)
, an institution
shall:
(a)
(i)
prepare a report to the institution's governing board detailing the
circumstances under which
a
the
prohibited submission is required; and
(b)
(ii)
publish the report described in Subsection
(5)(a)
on the institution's
governing board website in a conspicuous location.
(6)
(5)
Nothing in this section limits or prohibits an institution's authority to establish
policies that:
(a)
are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment;
(b)
require disclosure of an employee's academic research, classroom teaching, or
coursework; or
(c)
require an applicant for employment, tenure, or promotion to disclose or discuss the
applicant's:
(i)
research;
(ii)
teaching agenda;
(iii)
artistic creations; or
(iv)
pedagogical approaches or experiences with students of all learning abilities.
(7)
(6)
(a)
The board shall conduct a biennial review of an institution of higher
education's compliance with this section
as follows:
(i)
for 2025, on each institution of higher education; and
(ii)
for 2026, and every year after,
on one-half of the degree granting institutions of
higher education and one-half of the technical colleges
each year so that each
institution receives a review once every two years
.
(b)
If the board identifies a violation of this section, the board shall:
(i)
on or before 30 days after the day on which the board identifies the violation,
work with the institution to create a remediation plan; and
(ii)
provide the institution 180 days after the day of the creation of the remediation
plan to cure the violation.
(8)
(7)
On or before November 1 of each year, the board shall prepare and submit a report
to the
Education Interim Committee and the
Higher Education Appropriations
Subcommittee on:
(a)
(i)
the review process and each institution's compliance determination; or
(b)
(ii)
if a violation is identified, the remediation plan and progress under
Subsection
(7)(b)
.
; and
(b)
violations the board identifies in accordance with Sections
53H-1-503
and
53H-1-504
.
(9)
(8)
The Legislature may withhold future state appropriations to an institution that fails
to cure a violation of this section within the time provided under Subsection
(7)(b)
(6)(b)
.
(10)
(9)
The board shall make rules in accordance with Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act, to establish a procedure for accepting and processing
an individual's complaint against an institution for an alleged violation of this section.
Section 20. Section
53H-1-503
is amended to read:
53H-1-503
Effective
07/01/26
. Prohibition on the use of certain training in
higher education -- Exceptions.
(1)
As used in this section:
(a)
"Prohibited training" means a mandatory instructional program
and related materials
that
that:
(i)
an institution requires the institution's employees, prospective employees,
students, or prospective students
,
to attend
that promote
; and
(ii)
promotes a
prohibited discriminatory
practices
practice
as that term is defined in
Section
53H-1-504
.
(b)
"Prohibited training" includes an in-person or online seminar, discussion group,
workshop, other program, or related materials.
(2)
An institution may not require prohibited training.
(3)
An institution shall annually train the institution's faculty and staff on academic freedom
and freedom of speech in accordance with state or federal law.
(4)
Nothing in this section limits or prohibits an institution's authority to establish policies
that are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment.
(5)
(a)
The board shall conduct a biennial review of an institution of higher education's
compliance with this section
as follows:
(i)
for 2025, on each institution of higher education; and
(ii)
for 2026, and every year after,
on one-half of the institutions of higher
education and one-half of the technical colleges
each year so that each institution
receives a review once every two years
.
(b)
If the board identifies a violation of this section, the board shall:
(i)
on or before 30 days after the day on which the board identifies the violation,
work with the institution to create a remediation plan; and
(ii)
provide the institution 180 days after the day of the creation of the remediation
plan to cure the violation.
(6)
On or before November 1 of each year, the board shall
prepare and submit a report to
the Higher Education Appropriations Subcommittee
include in the board's report
described in Subsection
53H-1-502
information
on:
(a)
the review process and each institution's compliance determination; or
(b)
if a violation is identified, the remediation plan and progress under Subsection
(5)(b)
.
(7)
The Legislature may withhold future state appropriations to an institution that fails to
cure a violation of this section within the time provided under Subsection
(5)(b)
.
(8)
The board shall make rules in accordance with Title
63G, Chapter 3
, Utah
Administrative Rulemaking Act, to establish a procedure for accepting and processing
an individual's complaint against an institution for an alleged violation of this section.
Section 21. Section
53H-1-504
is amended to read:
53H-1-504
Effective
07/01/26
. Prohibited discriminatory practices --
Restrictions -- Campus climate survey -- Exceptions.
(1)
As used in this section:
(a)
"Important government interest"
means
includes
a governmental purpose relating to:
(i)
athletic competition or athletic safety in public education; or
(ii)
privacy, including compliance with
Title 63G, Chapter 31, Distinctions on the
Basis of Sex
.
(b)
"Personal identity
characteristics
characteristic
" means an individual's race, color,
ethnicity, sex, sexual orientation, national origin, religion, or gender identity.
(c)
(i)
"Prohibited discriminatory practice" means engaging in or maintaining a policy,
procedure, practice, program, office, initiative, or required training that, based on
an individual's personal identity
characteristics
characteristic
:
(A)
promotes the differential treatment of an individual without an important
government interest;
(B)
influences the employment decisions of an individual other than through the
use of neutral hiring processes with regard to
a
personal identity
characteristics
characteristic
and in accordance with federal law;
(C)
influences an individual's admission to, advancement in, or graduation from
an institution, the public education system, or an academic program; or
(D)
influences an individual's participation in an institution-sponsored or public
education system-sponsored program.
(ii)
"Prohibited discriminatory practice"
also means
includes
engaging in or
maintaining a policy, procedure, practice, program, office, initiative, or required
training that:
(A)
asserts that one personal identity characteristic is inherently superior or
inferior to another personal identity characteristic;
(B)
asserts that an individual, by virtue of the individual's personal identity
characteristics
characteristic
, is inherently privileged, oppressed, racist, sexist,
oppressive, or a victim, whether consciously or unconsciously;
(C)
asserts that an individual should be discriminated against in violation of Title
VI, Title VII, and Title IX, receive adverse treatment, be advanced, or receive
beneficial treatment because of the individual's personal identity
characteristics
characteristic
;
(D)
asserts that an individual's moral character is determined by the individual's
personal identity
characteristics
characteristic
;
(E)
asserts that an individual, by virtue of the individual's personal identity
characteristics
characteristic
, bears responsibility for actions committed in the
past by other individuals with the same personal identity
characteristics
characteristic
;
(F)
asserts that an individual should feel discomfort, guilt, anguish, or other
psychological distress solely because of the individual's personal identity
characteristics
characteristic
;
(G)
asserts that meritocracy is inherently racist or sexist;
(H)
asserts that socio-political structures are inherently a series of power
relationships and struggles among racial groups;
(I)
promotes resentment between, or resentment of, individuals by virtue of
their
the individuals'
personal identity characteristics;
(J)
ascribes values, morals, or ethical codes, privileges, or beliefs to an individual
because of the individual's
race, color, ethnicity, sex, sexual orientation,
national origin, or gender identity
personal identity characteristic
;
(K)
considers an individual's personal identity
characteristics
characteristic
in
determining receipt of state financial aid or other state financial assistance,
including a scholarship award or tuition waiver; or
(L)
is referred to or named
"
diversity, equity, and inclusion.
"
(iii)
"Prohibited discriminatory practice" does not include

:
(A)
policies or procedures required by state or federal law, including laws relating
to prohibited discrimination or harassment
.
; or
(B)
policies or procedures that promote intellectual diversity that do not otherwise
constitute a prohibited discriminatory practice.
(d)
"Student success and support" means
a description of
an office, division,
employment position, or other unit of an institution
established or maintained to
provide
that provides
support, guidance, and resources that equip all students,
including all students at higher risk of not completing a certificate or degree, with
experiences and opportunities for success in each student's academic and career
goals, and without excluding individuals on the basis of an individual's personal
identity
characteristics
characteristic
.
(e)
"Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et
seq.
(f)
"Title VII" means Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et
seq.
(g)
"Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec.
1681 et seq.
(2)
An institution may not:
(a)
engage in
a
prohibited discriminatory
practices
practice
;
(b)
take, express, or assert a position or opinion on subjects described in Subsection
67-27-107(1)(b)(ii)
53H-1-502(1)(b)
;
(c)
establish or maintain an office, division, employment position, or other unit of an
institution established to implement, develop, plan, or promote campus policies,
procedures, practices, programs, or initiatives, regarding
a
prohibited discriminatory
practices
practice
; or
(d)
employ or assign an employee or a third-party whose duties
for an institution
include coordinating, creating, developing, designing, implementing, organizing,
planning, or promoting policies, programming, training, practices, activities, and
procedures relating to
a
prohibited discriminatory
practices
practice
.
(3)
(a)
An institution shall:
(a)
(i)
ensure that all students have access to programs providing student success and
support;
(b)
(ii)
publish the titles and syllabi of all mandatory courses, seminars, classes,
workshops, and training sessions on the institution's website in an online database
that is
readily searchable by the public;
(c)
(iii)
annually train employees on the separation of personal political advocacy
from an institution's business and employment activities;
(d)
(iv)
develop strategies, including inviting speakers, to promote viewpoint
diversity; and
(e)
(v)
establish policies and procedures to include opportunities for education and
research on free speech and civic education.
(4)
(b)
The board shall report to the Higher Education Appropriations Subcommittee on
the status and allocation of appropriated funds for student success and support.
(5)
(c)
The Legislature shall, in a line item appropriation, appropriate ongoing funding
to support an institution's student success and support program in accordance with
this section.
(6)
(4)
(a)
On or before January 1, 2025, the board shall contract with a third-party
contractor, in accordance with Title
63G, Chapter 6a
, Utah Procurement Code, to
conduct a campus expression climate survey of each institution:
(i)
to assess student, faculty, and staff perceptions of and experiences with an
institution's campus environment that measures the student's, faculty member's,
and staff member's perception of and experience with an institution's campus
environment; and
(ii)
that measures the student's, faculty member's, and staff member's perception of
and experience with campus policy and practice regarding freedom of speech and
academic freedom at the institution.
(b)
The board shall collect the results of each campus expression climate survey under
Subsection
(6)
(4)(a)
and submit the results to the Office of Legislative Research
and General Counsel beginning on or before July 1.
(7)
(c)
(a)
(i)
The Office of Legislative Research and General Counsel shall provide
a summary report on the data collected from the campus expression climate
surveys to the Education Interim Committee on or before:
(i)
(A)
November 1, 2027, for reports received in years 2025, 2026, and 2027;
(ii)
(B)
November 1, 2030, for reports received in years 2028, 2029, and 2030;
and
(iii)
(C)
November 1, 2033, for reports received in years 2031, 2032, and 2033.
(b)
(ii)
On or before November 1, 2035, the Office of Legislative Research and
General Counsel shall provide a comprehensive report of the campus expression
climate surveys to the Education Interim Committee.
(8)
(5)
(a)
Nothing in this section requires an individual to respond to a campus
expression climate survey.
(9)
(b)
Nothing in this section limits or prohibits an institution's authority to establish
policies that:
(a)
(i)
are necessary to comply with state or federal law, including laws relating to
prohibited discrimination or harassment;
(b)
(ii)
require disclosure of an employee's academic research, classroom teaching,
or coursework; or
(c)
(iii)
require for employment, tenure, or promotion to disclose or discuss the
applicant's:
(i)
(A)
research;
(ii)
(B)
teaching agenda;
(iii)
(C)
artistic creations; or
(iv)
(D)
pedagogical approaches or experiences with students of all learning
abilities.
(10)
(6)
(a)
This section does not apply to:
(a)
(i)
requirements necessary for athletic and accreditation compliance;
(b)
(ii)
academic research;
(c)
(iii)
academic course teaching in the classroom;
(iv)
in accordance with Subsection
(3)(a)(iv)
:
(A)
a presentation or instruction by a guest lecturer in an academic course; or
(B)
a speaker an administrative unit of the institution, faculty member or faculty
organization, staff member or staff organization, or student club or
organization invites to speak, virtually or in person, at the institution, including
a public policy event described in Section
53H-6-302
;
(d)
(v)
a grant that would otherwise require:
(i)
(A)
a department, office, division, or other unit of an institution to engage in a
prohibited discriminatory practice if the grant has been reviewed and approved
by the institution's board of trustees; or
(ii)
(B)
an institution to engage in a prohibited discriminatory practice if the grant
has been reviewed and approved by the board;
(e)
(vi)
requirements necessary for an institution to establish or maintain eligibility
for any federal program; or
(f)
(vii)
private scholarships administered by an institution.
(11)
(b)
Notwithstanding any other provision of this chapter or of
Chapter 3
,
Institutions of Higher Education Generally, the University of Utah may take any
action required for the University of Utah to comply with the terms of an agreement
entered into between the University of Utah and the Ute Indian Tribe before July 1,
2024.
(12)
(7)
(a)
The board shall conduct a biennial review of an institution of higher
education's compliance with this section as follows:
(i)
for 2025, on each institution of higher education; and
(ii)
for 2026, and every year after, on one-half of the degree granting institutions of
higher education and one-half of the technical colleges.
(b)
If the board identifies a violation of this section, the board shall:
(i)
on or before 30 days after the day on which the board identifies the violation,
work with the institution to create a remediation plan; and
(ii)
provide the institution 180 days after the day of the creation of the remediation
plan to cure the violation.
(13)
(8)
On or before November 1 of each year, the board shall
prepare and submit a
report to the Higher Education Appropriations Subcommittee
include in the board's
report described in Section
53H-1-502
information
on:
(a)
the review process and each institution's compliance determination; or
(b)
if a violation is identified, the remediation plan and progress under Subsection
(12)(b)
(7)(b)
.
(14)
(9)
(a)
On or before December 1 of each year, the Higher Education Appropriations
Subcommittee shall:
(a)
(i)
report the findings under Subsections
(4)
(3)(b)
and
(13)
(8)
to the
Legislature; and
(b)
(ii)
make appropriation recommendations about an institution's compliance with
this section.
(15)
(b)
The Legislature may withhold future state appropriations to an institution that
fails to cure a violation of this section within the time provided under Subsection
(12)(b)
(7)(b)
.
(16)
(10)
The board shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, to establish a procedure for accepting and processing
an individual's complaint against an institution for an alleged violation of this section.
Section 22. Section
53H-6-302
is enacted to read:
53H-6-302
Effective
07/01/26
. Public policy events at state institutions of higher
education.
(1)
As used in this section:
(a)
"Debate" means an event at which two or more presenters advocate for opposing or
diverse approaches to a public policy issue and rebut each other's positions.
(b)
"Formal administrative unit" means:
(i)
an office or division under the direct supervision of the president or president's
cabinet; or
(ii)
an academic department, college, institute, or center within an institution.
(c)
"Presenter" means an individual whom an institution invites or authorizes to present
at or facilitate a public policy event.
(d)
"Public policy event" means a debate or event with multiple presenters that:
(i)
addresses, from multiple, divergent, and opposing perspectives, a range of public
policy issues;
(ii)
an institution designates under Subsection
(2)(a)
; and
(iii)
a formal administrative unit organizes or authorizes under this section.
(2)
A degree-granting institution shall:
(a)
establish practices that will introduce campus communities to diverse viewpoints,
including designating public policy events to host during each regular academic year;
(b)
(i)
ensure that at least some public policy events are debates;
(ii)
invite presenters from within and outside the institution;
(iii)
ensure that public policy events are open to:
(A)
all students, faculty, and staff of the institution; and
(B)
the general public, unless the institution restricts individuals who are not
affiliated with the institution to achieve a compelling governmental interest; and
(iv)
seek presenters who represent differing views; and
(c)
maintain and update a publicly accessible and searchable calendar online:
(i)
that lists all public policy events that are open to the general public; and
(ii)
that includes, for each public policy event:
(A)
the title of the event;
(B)
the name and, where applicable, institutional affiliation of each presenter; and
(C)
the name of the formal administrative unit that organizes and stages the event.
(3)
(a)
Nothing in Subsection
(2)
requires an exact balance between presenters of
differing viewpoints.
(b)
Nothing in this section prohibits an institution from inviting an individual speaker or
a panel who articulates a singular or specific perspective, as described in Subsection
53H-1-504(3)(a)(iv)
.
Section 23. Section
67-27-107
is amended to read:
67-27-107
Effective
07/01/26
. Prohibition on the use of certain submissions by
governmental employers -- Exceptions.
(1)
As used in this section:
(a)
(i)
"Governmental employer" means any department, division, agency,
commission, board, council, committee, authority, municipality, county, political
subdivision, or any other institution of the state.
(ii)
"Governmental employer" does not mean a local education agency or institution
of higher education.
(b)
(i)
"Prohibited submission" means
a submission, statement, or document that
requires an individual to articulate the individual's position, view, contribution,
effort, or experience regarding a policy, program, or initiative that promotes
differential treatment based on an individual's personal identity characteristics,
the
same
as that term is defined in Section
53H-1-504
53H-1-502
.
(ii)
"Prohibited submission" includes a submission, statement, or document that
relates to a policy, program, or initiative regarding:
(A)
anti-racism;
(B)
bias;
(C)
critical race theory;
(D)
implicit bias;
(E)
intersectionality;
(F)
prohibited discriminatory practice, as that term is defined in Section
53H-1-504
; or
(G)
racial privilege.
(iii)
"Prohibited submission" does not include a submission, statement, or document
for an employment position if the submission, statement, or document relates to a
bona fide occupational qualification for the position.
(2)
Except as provided in Subsection
(4)
, a governmental employer may not require,
request, solicit, or compel a prohibited submission as a certification or condition before
taking action with respect to:
(a)
employment, including decisions regarding:
(i)
hiring;
(ii)
terms of employment;
(iii)
benefits;
(iv)
compensation;
(v)
seniority status;
(vi)
tenure or continuing status;
(vii)
promotion;
(viii)
performance reviews;
(ix)
transfer;
(x)
termination; or
(xi)
appointment; or
(b)
admissions and aid, including:
(i)
admission to any state program or course;
(ii)
financial or other forms of state-administered aid or assistance; or
(iii)
other benefits from the governmental employer for which an individual is
eligible.
(3)
A governmental employer may not grant any form of preferential consideration to an
individual who, with or without solicitation from the governmental employer, provides a
prohibited submission for any action described in Subsection
(2)
.
(4)
If federal law requires a governmental employer to accept or require a prohibited
submission, the governmental employer:
(a)
may accept the prohibited submission only to the extent required under federal law;
and
(b)
shall limit consideration of the information contained in the prohibited submission to
the extent necessary to satisfy the requirement under federal law.
(5)
Nothing in this section limits or prohibits a governmental employer's authority to
establish policies that are necessary to comply with state or federal law, including laws
relating to prohibited discrimination or harassment.
Section 24. Section
67-27-108
is amended to read:
67-27-108
Effective
07/01/26
. Prohibition on the use of certain training by
governmental employers -- Exceptions.
(1)
As used in this section:
(a)
"Governmental employer" means the same as that term is defined in Section
67-27-107
.
(b)
(i)
"Prohibited training" means a mandatory instructional program
and related
materials that
that:
(A)
a governmental employer requires the governmental employer's current or
prospective employees to attend
that promote
; and
(B)
promotes a
prohibited discriminatory
practices
practice
as that term is
defined in Section
53H-1-504
.
(ii)
"Prohibited training" includes an in-person or online seminar, discussion group,
workshop, other program, or related materials.
(2)
A governmental employer may not require prohibited training.
(3)
Nothing in this section limits or prohibits a governmental employer's authority to
establish policies that are necessary to comply with state or federal law, including laws
relating to prohibited discrimination or harassment.
Section 25. Section
67-27-109
is amended to read:
67-27-109
Effective
07/01/26
. Prohibited discriminatory practices --
Restrictions -- Reporting.
(1)
As used in this section:
(a)
"Executive agency director" means the executive agency director of an executive
department agency who, at the direction of the governor, carries out state business.
(b)
"Governmental employer" means the same as that term is defined in Section
67-27-107
.
(c)
"Personal identity
characteristics
characteristic
" means the same as that term is
defined in Section
53H-1-504
.
(d)
"Prohibited discriminatory practice" means the same as that term is defined in
Section
53H-1-504
.
(2)
(a)
This section does not apply to a federal grant or program that would otherwise
require a governmental employer to engage in a prohibited discriminatory practice if
the grant or program has been reviewed and approved by the governmental
employer's executive director, legislative body, or governing body, as that term is
defined in Section
10-1-104
.
(b)
A governmental employer's executive director, legislative body, or governing body
shall report the reviewed and approved federal grant or program under Subsection
(2)(a)
to the Executive Appropriations Committee.
(3)
A governmental employer may not engage in
a
prohibited discriminatory
practices
practice
.
(4)
Nothing in this section limits or prohibits a governmental employer from:
(a)
as required or permitted by state law:
(i)
establishing or maintaining an office, division, or employment position to
implement, develop, plan, or promote practices relating to
a
personal identity
characteristics
characteristic
if the office, division, or employment position is not
engaging in
a
prohibited discriminatory
practices
practice
; or
(ii)
employing or assigning an employee or a third-party whose duties
for
governmental employer
include coordinating, creating, developing, designing,
implementing, organizing, planning, or promoting policies, programming,
training, practices, activities, and procedures relating to
a
personal identity
characteristics
characteristic
if the employee or the third-party is not engaging in
a
prohibited discriminatory
practices
practice
;
(b)
establishing policies that are necessary to comply with state or federal law, including
laws relating to prohibited discrimination or harassment; or
(c)
establishing policies that are necessary to comply with state law enacted on or before
July 1, 2024.
(5)
(a)
Beginning on July 1, 2024, each executive agency director shall conduct a
thorough review of existing agency programs and offices to determine if the program
or office is in compliance with Subsection
(3)
.
(b)
(5)
On or before August 1, 2025, each
Each
executive agency director shall report on
the compliance of agency programs and offices under
Subsection
(5)(a)
to the governor.
this section to
(c)
The governor shall provide the reports under Subsection
(5)(b)
to:
(i)
the Government Operations Interim Committee at or before the November 2025,
interim committee meeting; and
(ii)
the Legislative Management Committee upon request.
Section 26.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-12-26 1:23 PM