Section R277-328-4 - Educational Opportunities Within an LEA(1) An LEA may establish or maintain an office, division, employment position, or other unit of an LEA that provides support, guidance, and resources that equip all students, including all students in public schools at higher risk of not completing high school, 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 consistent with Section 53G-2-105.(2) No part of this rule shall be construed by an LEA or educator to: (a) prohibit or ban discussions of events, ideas, attitudes, beliefs, or concepts in the marketplace of ideas if consistent with Sections 53G-10-202, 53G-10-206, and 53G-2-104;(b) prohibit disaggregation of data based on personal identity characteristics to meet state and federal requirements, including those in Section 53E-3-501 or 53E-5-302; or(c) allow for discriminatory treatment of individual students based disaggregated group data.(3) An LEA may not promote differential treatment of an individual based on the individual's personal identity characteristics unless the LEA:(a) has an important governmental interest; or(b) is complying with state or federal law.(4) An LEA may not exclude any student from participating in Curricular, co-curricular, and extra-curricular activities designated specifically for students based on a different personal identity characteristic.(5) An LEA shall submit an annual assurance to the Board that the LEA's professional learning is consistent with this rule and Section 53G-10-206.(6) An individual may bring a violation of this section to the Board in accordance with the process described in Rule R277-123.(7) If the Board identifies a reported violation of this section, the state board shall provide an update to the Education Interim Committee as described in Section 53G-2-103.Utah Admin. Code R277-328-4
Adopted by Utah State Bulletin Number 2021-16, effective 8/9/2021Amended by Utah State Bulletin Number 2024-08, effective 4/9/2024