Parental Rights and Responsibilities: Utah Code
Utah Parental Rights
https://parentalrights.org/states/ut/
Utah law provides "that parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children. There is a rebuttable presumption that a parent's decisions are in the child's best interests."
“Parents have the fundamental right and duty…”
https://le.utah.gov/xcode/Title30/Chapter5a/30-5a-S103.html
Right to Education and Academic Accommodations
https://le.utah.gov/xcode/Title53G/Chapter6/53G-6-S803.html
A student’s parent is the primary person responsible for the education of the student, and the state is in a secondary and supportive role to the parent. As such, a student’s parent has the right to reasonable academic accommodations from the student’s LEA as specified in this section.
Also see Utah Code 26-45-103
Genetic Testing Privacy Act
https://le.utah.gov/xcode/Title26/Chapter45/26-45.html?v=C26-45_1800010118000101
26-1-33. Individual rights protected. Nothing in this title shall prohibit an individual from choosing the diet, therapy, or mode of treatment to be administered to an individual or an individual's family.
https://le.utah.gov/xcode/Title26/Chapter1/26-1-S33.html?v=C26-1-S33_180001011800 0101
“Under both the United States Constitution and the constitution of the state of Utah, a parent possesses a fundamental liberty interest in the care, custody, and management of the parents’ children” (Utah Code § 62A-4a-201).
The state of Utah recognizes that parents have the “right, obligation, responsibility, and authority to raise, manage, train, educate, provide and care for, and reasonably discipline their children” (Utah Code § 62A-4a-201) and “supports parents through a responsive educational system that guarantees local school communities autonomy, flexibility, and client choice” (Utah Code § 53E-2-301-3).
In the implementation of “all policies, programs, and responsibilities, the Utah Legislature, the state school board, local school boards, and charter school governing boards” are required to “respect, protect, and further the interests of parents in their children's public education”(Utah Code § 53E-2-201-2(a)). Furthermore “political, atheistic, sectarian, religious, or denominational doctrine may not be taught in the public schools except as provided in Section 53G-10-202" (Utah Code § 53G-10-402).
School officials and employees may not use their positions to endorse, promote, or disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint. 53G-10-202
Expressions of Belief and Use of Personal Time to Express Beliefs
https://le.utah.gov/xcode/Title53G/Chapter10/53G-10-S203.html?v=C53G-10-S203_201 8012420180124
Effective 5/14/2019
53G-10-205 Waivers of participation.
(1) As used in this section, "school" means a public school.
(2) If a parent of a student, or a secondary student, determines that the student's participation in a portion of the curriculum or in an activity would require the student to affirm or deny a religious belief or right of conscience, or engage or refrain from engaging in a practice forbidden or required in the exercise of a religious right or right of conscience, the parent or the secondary student may request:
(a) a waiver of the requirement to participate; or
(b) a reasonable alternative that requires reasonably equivalent performance by the student of the secular objectives of the curriculum or activity in question.
(3) The school shall promptly notify a student's parent if the secondary student makes a request under Subsection(2).
(4) If a request is made under Subsection
(2), the school shall:
(a) waive the participation requirement;
(b) provide a reasonable alternative to the requirement; or
(c) notify the requesting party that participation is required.
(5) The school shall ensure that the provisions of Subsection 53G-10-203(3) are met in connection with any required participation under Subsection(4)(c).
(6) A student's academic or citizenship performance may not be penalized if the secondary student or the student's parent chooses to exercise a religious right or right of conscience in accordance with the provisions of this section. https://le.utah.gov/xcode/Title53G/Chapter10/C53G-10-S205_2019051420190514.pdf
Effective 5/14/2019
53E-2-201 Policy for Utah's public education system.
(1)
(a) The continuous cultivation of an informed and virtuous citizenry among succeeding generations is essential to the state and the nation.
(b) The state's public education system is established and maintained as provided in Utah Constitution, Article X, and this public education code.
(c) Parents have the primary responsibility for the education of their children and elect representatives in the Legislature and on state and local school boards to administer the state public education system, which provides extensive support and assistance. All children of the state are entitled to a free elementary and secondary public education as provided in Utah
(2) In the implementation of all policies, programs, and responsibilities adopted in accordance with this public education code, the Legislature, the state board, local school boards, and charter school governing boards shall:
(a) respect, protect, and further the interests of parents in their children's public education; and
(b) promote and encourage full and active participation and involvement of parents at all public schools.
Effective 5/12/2020
53E-9-203 Activities prohibited without prior written consent -- Validity of consent -- Qualifications -- Training on implementation.
(1) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702, policies adopted by a school district or charter school under Section 53E-9-202 shall include prohibitions on the administration to a student of any psychological or psychiatric examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student's parent, in which the purpose or evident intended effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student's or any family member's:
(a) political affiliations or, except as provided under Section 53G-10-202 or rules of the state board, political philosophies;
(b) mental or psychological problems;
(c) sexual behavior, orientation, or attitudes;
(d) illegal, anti-social, self-incriminating, or demeaning behavior;
(e) critical appraisals of individuals with whom the student or family member has close family relationships;
(f) religious affiliations or beliefs;
(g) legally recognized privileged and analogous relationships, such as those with lawyers, medical personnel, or ministers; and (h) income, except as required by law.
(2) Prior written consent under Subsection (1) is required in all grades, kindergarten through grade 12.
(3) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702, the prohibitions under Subsection (1) shall also apply within the curriculum and other school activities unless prior written consent of the student's parent has been obtained. https://le.utah.gov/xcode/Title53E/Chapter2/C53E-2-S301_2019051420190514.pdf
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). https://le.utah.gov/xcode/Title53G/Chapter7/53G-7-S701.html
What is “reasonable accommodation”? Under Title I of the Americans with Disabilities Act (ADA), a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.
What is coercion?
noun
1. the practice of persuading someone to do something by using force or threats.
https://parentalrights.org/states/ut/
Utah law provides "that parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children. There is a rebuttable presumption that a parent's decisions are in the child's best interests."
“Parents have the fundamental right and duty…”
https://le.utah.gov/xcode/Title30/Chapter5a/30-5a-S103.html
Right to Education and Academic Accommodations
https://le.utah.gov/xcode/Title53G/Chapter6/53G-6-S803.html
A student’s parent is the primary person responsible for the education of the student, and the state is in a secondary and supportive role to the parent. As such, a student’s parent has the right to reasonable academic accommodations from the student’s LEA as specified in this section.
Also see Utah Code 26-45-103
Genetic Testing Privacy Act
https://le.utah.gov/xcode/Title26/Chapter45/26-45.html?v=C26-45_1800010118000101
26-1-33. Individual rights protected. Nothing in this title shall prohibit an individual from choosing the diet, therapy, or mode of treatment to be administered to an individual or an individual's family.
https://le.utah.gov/xcode/Title26/Chapter1/26-1-S33.html?v=C26-1-S33_180001011800 0101
“Under both the United States Constitution and the constitution of the state of Utah, a parent possesses a fundamental liberty interest in the care, custody, and management of the parents’ children” (Utah Code § 62A-4a-201).
The state of Utah recognizes that parents have the “right, obligation, responsibility, and authority to raise, manage, train, educate, provide and care for, and reasonably discipline their children” (Utah Code § 62A-4a-201) and “supports parents through a responsive educational system that guarantees local school communities autonomy, flexibility, and client choice” (Utah Code § 53E-2-301-3).
In the implementation of “all policies, programs, and responsibilities, the Utah Legislature, the state school board, local school boards, and charter school governing boards” are required to “respect, protect, and further the interests of parents in their children's public education”(Utah Code § 53E-2-201-2(a)). Furthermore “political, atheistic, sectarian, religious, or denominational doctrine may not be taught in the public schools except as provided in Section 53G-10-202" (Utah Code § 53G-10-402).
School officials and employees may not use their positions to endorse, promote, or disparage a particular religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint. 53G-10-202
Expressions of Belief and Use of Personal Time to Express Beliefs
https://le.utah.gov/xcode/Title53G/Chapter10/53G-10-S203.html?v=C53G-10-S203_201 8012420180124
Effective 5/14/2019
53G-10-205 Waivers of participation.
(1) As used in this section, "school" means a public school.
(2) If a parent of a student, or a secondary student, determines that the student's participation in a portion of the curriculum or in an activity would require the student to affirm or deny a religious belief or right of conscience, or engage or refrain from engaging in a practice forbidden or required in the exercise of a religious right or right of conscience, the parent or the secondary student may request:
(a) a waiver of the requirement to participate; or
(b) a reasonable alternative that requires reasonably equivalent performance by the student of the secular objectives of the curriculum or activity in question.
(3) The school shall promptly notify a student's parent if the secondary student makes a request under Subsection(2).
(4) If a request is made under Subsection
(2), the school shall:
(a) waive the participation requirement;
(b) provide a reasonable alternative to the requirement; or
(c) notify the requesting party that participation is required.
(5) The school shall ensure that the provisions of Subsection 53G-10-203(3) are met in connection with any required participation under Subsection(4)(c).
(6) A student's academic or citizenship performance may not be penalized if the secondary student or the student's parent chooses to exercise a religious right or right of conscience in accordance with the provisions of this section. https://le.utah.gov/xcode/Title53G/Chapter10/C53G-10-S205_2019051420190514.pdf
Effective 5/14/2019
53E-2-201 Policy for Utah's public education system.
(1)
(a) The continuous cultivation of an informed and virtuous citizenry among succeeding generations is essential to the state and the nation.
(b) The state's public education system is established and maintained as provided in Utah Constitution, Article X, and this public education code.
(c) Parents have the primary responsibility for the education of their children and elect representatives in the Legislature and on state and local school boards to administer the state public education system, which provides extensive support and assistance. All children of the state are entitled to a free elementary and secondary public education as provided in Utah
(2) In the implementation of all policies, programs, and responsibilities adopted in accordance with this public education code, the Legislature, the state board, local school boards, and charter school governing boards shall:
(a) respect, protect, and further the interests of parents in their children's public education; and
(b) promote and encourage full and active participation and involvement of parents at all public schools.
Effective 5/12/2020
53E-9-203 Activities prohibited without prior written consent -- Validity of consent -- Qualifications -- Training on implementation.
(1) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702, policies adopted by a school district or charter school under Section 53E-9-202 shall include prohibitions on the administration to a student of any psychological or psychiatric examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student's parent, in which the purpose or evident intended effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student's or any family member's:
(a) political affiliations or, except as provided under Section 53G-10-202 or rules of the state board, political philosophies;
(b) mental or psychological problems;
(c) sexual behavior, orientation, or attitudes;
(d) illegal, anti-social, self-incriminating, or demeaning behavior;
(e) critical appraisals of individuals with whom the student or family member has close family relationships;
(f) religious affiliations or beliefs;
(g) legally recognized privileged and analogous relationships, such as those with lawyers, medical personnel, or ministers; and (h) income, except as required by law.
(2) Prior written consent under Subsection (1) is required in all grades, kindergarten through grade 12.
(3) Except as provided in Subsection (7), Section 53G-9-604, and Section 53G-9-702, the prohibitions under Subsection (1) shall also apply within the curriculum and other school activities unless prior written consent of the student's parent has been obtained. https://le.utah.gov/xcode/Title53E/Chapter2/C53E-2-S301_2019051420190514.pdf
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). https://le.utah.gov/xcode/Title53G/Chapter7/53G-7-S701.html
What is “reasonable accommodation”? Under Title I of the Americans with Disabilities Act (ADA), a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process.
What is coercion?
noun
1. the practice of persuading someone to do something by using force or threats.
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