"Under both the United States Constitution and the constitution of this state, a parent possesses a fundamental liberty interest in the care, custody, and management of the parent’s children." It also says that the state recognizes that parents have "the right, obligation, responsibility, and authority" to educate their children and that "the state’s role is secondary and supportive to the primary role of a parent."

53A-11-1305.Board rules to ensure protection of individual rights.

The State Board of Education and local boards of education shall adopt rules to implement this part. The rules shall establish procedures to ensure protection of individual rights against excessive and unreasonable intrusion.

Renumbered and Amended by Chapter 3, 2008 General Session

(Referring to the board and other school governing bodies)

(i) may not:

(i) engage in lobbying activities;

(ii) attempt to influence legislation; or

(iii) participate in any campaign activity for or against:

(A) a political candidate; or

(B) an initiative, referendum, proposed constitutional amendment, bond, or any other ballot proposition submitted to the voters.

SB271

171(3) A school shall receive an F if:

172(a) student participation in a statewide assessment is fewer that 95%; or

173(b) the participation of nonproficient students as determined by prior year test scores is

174fewer than 95%.

SB175

135 (ii) A teacher shall consider students’ summative

136 adaptive assessments in determining students’ academic grades

137 for the appropriate courses and students’ advancement to the

138 next grade level.

164 (2) the parent makes a written request consistent with

165 LEA administrative timelines and procedures that the parent’s

166 student not be tested. Students not tested due to parent

167 request shall receive a non-proficient score which shall be

168 used in school accountability calculations

140 [(8)] (7) The State Board of Education shall assure that computer adaptive tests are
141 administered in compliance with the requirements of Chapter 13, Part 3, Utah Family

142 Educational Rights and Privacy Act.

Title 53A / State System of Public Education
Chapter 13 / Curriculum in the Public Schools
Section 101.2 / Waivers of participation.
53A-13-101.2.Waivers of participation.
(1) If a parent with legal custody or other legal guardian 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, guardian, or 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.
(2) The school shall promptly notify a student's parent or guardian if the student makes a request under Subsection (1).
(3) If a request is made under Subsection (1), 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.
(4) The school shall ensure that the provisions of Subsection 53A-13-101.3(3) are met in connection with any required participation under Subsection (3)(c).
(5) A student's academic or citizenship performance may not be penalized by school officials for the exercise of a religious right or right of conscience in accordance with the provisions of this section.
Amended by Chapter 114, 2007 General Session

53A-1-609.Construction of part.

Nothing in this part shall be construed to mean or represented to require that graduation from a high school or promotion to another grade is in any way dependent upon successful performance of any test administered as a part of the testing program established under this part.

Amended by Chapter 161, 2013 General Session

From SB 175

176 53A-1-609.Construction of part.
177 [Except as otherwise provided in Section 53A-1-611 , nothing] Nothing in this part shall
178 be construed to mean or represented to require that graduation from a high school or promotion
179 to another grade is in any way dependent upon successful performance of any test administered
180 as a part of the testing program established under this part.