Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the School Assessments topic
No spam. Unsubscribe anytime.
Board rejects legislative code change to expand assessment opt‑out language
Summary
The state board voted 11–4 to remove a proposed legislative code request to allow local education agency or administrator assessments to be treated like listed assessments for opt‑out purposes; board members disagreed over whether existing 'right of conscience' and current code already provide opt‑out protections.
The Utah State Board of Education voted 11–4 to reject a request that staff work with the legislature to amend subsection 53G-6-8039(a) to add language covering computer-adaptive or LEA-administered assessments as specified assessments eligible for opt out.
Board members debated whether the proposed change was necessary because of existing law and local practice. Member Carrie said she thought parents already had options under the "right of conscience" and existing statutory provisions and questioned whether the board should use legislative bandwidth for the change. "I'm just wondering if this is necessary," she said.
Member Boggess argued the amendment would clarify a conflict between the right of conscience and administrative rules such as R277-700. "Putting this in code addresses that conflict," Boggess said. "When a parent says no, they mean no. And you can't require something even if it's required under another rule."
Board legal counsel and other members noted overlapping provisions in statute and rule: a staff attorney referenced subsection 3 of 9(a) (as read in the meeting) and also cited the right-of-conscience provision in 53G-10-205 as existing authorities that cover many cases.
The board first voted to reconsider the motion brought forward from the prior day; that reconsideration succeeded 8–6. After additional debate the board then voted on the substantive request to place the amendment on the legislative list; the motion failed 11–4. The four members who voted to move the request forward were Member Kelly, Member Bridal, Member Greene, and Member Boggess.
Board members who opposed the legislative request said the code already provides mechanisms for parents to opt students out of assessments, and some said education and enforcement of current rules would be preferable to adding new statutory language. Members supporting the change said anecdotal reports from multiple constituents showed schools were not consistently honoring opt-outs and that codifying the change would provide clarity and protect parental rights.
