53A-13-101.2 - 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 secondarystudent, determines that the student's participation in a portion of the curriculum or in an activitywould require the student to affirm or deny a religious belief or right of conscience, or engage orrefrain from engaging in a practice forbidden or required in the exercise of a religious right orright 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 thestudent 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 arequest 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 inconnection with any required participation under Subsection (3)(c).
(5) A student's academic or citizenship performance may not be penalized by schoolofficials for the exercise of a religious right or right of conscience in accordance with theprovisions of this section.
Amended by Chapter 114, 2007 General Session