Utah Senate approves bill to keep schools open at a 2% COVID threshold, bars testing of minors without parental consent

The Utah State Senate voted to pass the fourth substitute of Senate Bill 107 on day 34, approving a measure that raises the threshold for a school to implement testing to remain open from 1% to 2%, requires school districts to offer at least four days of in-person instruction as the definition of "open," and makes explicit that no minor will be tested without parental consent.

Senator Weiler, the bill sponsor, told colleagues the change reflects negotiations with Senate leadership, the Utah Department of Health and local superintendents and is intended to preserve in-person instruction while giving health officials a clearer, legislative threshold for a "test-to-stay" option. "There will be no test of minors, without parental consent," Weiler said, stressing that the bill makes parental permission a prerequisite to any school testing of minors.

The measure also contains an immediate-effect clause: if two-thirds of both chambers approve, SB107 would take effect upon the governor's signature. Weiler said he hoped to obtain that two-thirds support on the floor and moved for a call of the Senate to secure member attendance for the vote.

Senators pressed the sponsor on several implementation details. Senator Iwamoto and others asked whether the bill precludes a district from offering dual or remote programming; Weiler said it does not force parents to send children to the classroom but does require districts to offer a four-day in-person option for families who want it. Senator Kennedy said he feared the measure could inadvertently create a barrier to constitutionally protected educational access if parents refused testing, calling the issue "a real barrier between our children's education and the promise that we've made to give it to them." Weiler replied that the bill does not detail every consequence of a parental refusal; those operational questions would be for districts and local health officials.

Senators described broad consultation with superintendents. Senator Milner said superintendents had repeatedly asked for tools to keep students in class, particularly juniors and seniors who need in-person time to meet graduation requirements. The sponsor also reported that Senate leadership and negotiators settled on the 2% threshold as a compromise after discussions with the Utah Department of Health and local education leaders.

During floor consideration Senator Escamilla offered a friendly amendment to codify the availability of a remote-learning option for students who choose not to attend in person. The sponsor accepted the amendment and the amendment was added to the substitute.

After debate and a roll-call vote, the fourth substitute for SB107 passed by a vote of 25-4. The bill now moves to the House for its consideration. The Senate record shows the body voted to send the bill with the added remote-learning language and the parental-consent clarifications.