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School board authority in Utah

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Utah state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Utah law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • Utah is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.
  • Utah is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.
  • Utah is one of 26 states that has a Parents' Bill of Rights.

    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in Utah

    Enabling or authorizing statute for the boards of school districts in Utah

    See also: Enabling statute

    Utah Code 53G-4-401 creates school district boards and gives them the powers and duties of a government entity:[1]

    “

    (1) As used in this section, "body corporate" means a public corporation and legal subdivision of the state, vested with the powers and duties of a government entity as specified in this chapter.

    (2) The local school board of a school district is a body corporate under the name of the "Board of Education of .......... School District" (inserting the proper name), and shall have an official seal conformable to its name.

    (3) The seal is used by its business administrator in the authentication of all required matters.

    (4) A local school board may sue and be sued, and may take, hold, lease, sell, and convey real and personal property as the interests of the schools may require.[2]

    		”

    Utah school boards' powers and duties

    Utah Code 53G-4-402 contains 27 provisions outlining the powers and duties of school boards in the state. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:[3]

    • Creating and maintaining school libraries.
    • Making learning materials available for parents to access.
    • Establishing emergency response plans to prevent and address violence in schools.

    The full list of duties and powers is as follows:[3]

    “

    (1) A local school board shall:

    (a) implement the core standards for Utah public schools using instructional materials that best correlate to the core standards for Utah public schools and graduation requirements;

    (b) administer tests, required by the state board, which measure the progress of each student, and coordinate with the state superintendent and state board to assess results and create plans to improve the student's progress, which shall be submitted to the state board for approval;

    (c) use progress-based assessments as part of a plan to identify schools, teachers, and students that need remediation and determine the type and amount of federal, state, and local resources to implement remediation;

    (d) for each grading period and for each course in which a student is enrolled, issue a grade or performance report to the student:

    (i) that reflects the student's work, including the student's progress based on mastery, for the grading period; and

    (ii) in accordance with the local school board's adopted grading or performance standards and criteria;

    (e) develop early warning systems for students or classes failing to make progress;

    (f) work with the state board to establish a library of documented best practices, consistent with state and federal regulations, for use by the special districts;

    (g) implement training programs for school administrators, including basic management training, best practices in instructional methods, budget training, staff management, managing for learning results and continuous improvement, and how to help every student achieve optimal learning in basic academic subjects; and

    (h) ensure that the local school board meets the data collection and reporting standards described in Section 53E-3-501.

    (2) Local school boards shall spend Minimum School Program funds for programs and activities for which the state board has established minimum standards or rules under Section 53E-3-501.

    (3)

    (a) A local school board may purchase, sell, and make improvements on school sites, buildings, and equipment, and construct, erect, and furnish school buildings.

    (b) School sites or buildings may only be conveyed or sold on local school board resolution affirmed by at least two-thirds of the school board members.

    (4)

    (a) A local school board may participate in the joint construction or operation of a school attended by students residing within the district and students residing in other districts either within or outside the state.

    (b) Any agreement for the joint operation or construction of a school shall:

    (i) be signed by the president of the local school board of each participating district;

    (ii) include a mutually agreed upon pro rata cost; and

    (iii) be filed with the state board.

    (5) A local school board may establish, locate, and maintain elementary, secondary, and applied technology schools.

    (6) A local school board may enter into cooperative agreements with other local school boards to provide educational services that best utilize resources for the overall operation of the school districts, including shared transportation services.

    (7)

    (a) A local school board shall ensure that an agreement under Subsection (6):

    (i) is signed by the president of the local school board of each participating district;

    (ii) specifies the resource being shared;

    (iii) includes a mutually agreed upon pro rata cost;

    (iv) includes the duration of the agreement; and

    (v) is filed with the state board.

    (8) Except as provided in Section 53E-3-905, a local school board may enroll children in school who are at least five years old before September 2 of the year in which admission is sought.

    (9)

    (a) A local school board:

    (i) may establish and support school libraries; and

    (ii) shall provide an online platform:

    (A) through which a parent is able to view the title, author, and a description of any material the parent's child borrows from the school library, including a history of borrowed materials, either using an existing online platform that the LEA uses or through a separate platform; and

    (B)

    (1) for a school district with 1,000 or more enrolled students, no later than August 1, 2024; and

    (2) for a school district with fewer than 1,000 enrolled students, no later than August 1, 2026.

    (10) A local school board may collect damages for the loss, injury, or destruction of school property.

    (11) A local school board may authorize guidance and counseling services for students and the student's parents before, during, or following school enrollment.

    (12)

    (a) A local school board shall administer and implement federal educational programs in accordance with Title 53E, Chapter 3, Part 8, Implementing Federal or National Education Programs.

    (b) Federal funds are not considered funds within the school district budget under Chapter 7, Part 3, Budgets.

    (13)

    (a) A local school board may organize school safety patrols and adopt policies under which the patrols promote student safety.

    (b) A student appointed to a safety patrol shall be at least 10 years old and have written parental consent for the appointment.

    (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of a highway intended for vehicular traffic use.

    (d) Liability may not attach to a school district, its employees, officers, or agents, or to a safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting the program by virtue of the organization, maintenance, or operation of a school safety patrol.

    (14)

    (a) A local school board may on its own behalf, or on behalf of an educational institution for which the local school board is the direct governing body, accept private grants, loans, gifts, endowments, devises, or bequests that are made for educational purposes.

    (b) The contributions made under Subsection (14)(a) are not subject to appropriation by the Legislature.

    (15)

    (a) A local school board may appoint and fix the compensation of a compliance officer to issue citations for violations of Subsection 76-10-105(2)(b).

    (b) A person may not be appointed to serve as a compliance officer without the person's consent.

    (c) A teacher or student may not be appointed as a compliance officer.

    (16) A local school board shall adopt bylaws and policies for the local school board's own procedures.

    (17)

    (a) A local school board shall make and enforce policies necessary for the control and management of the district schools.

    (b) Local school board policies shall be in writing, filed, and referenced for public access.

    (18) A local school board may hold school on legal holidays other than Sundays.

    (19)

    (a) A local school board shall establish for each school year a school traffic safety committee to implement this Subsection (19).

    (b) The committee shall be composed of one representative of:

    (i) the schools within the district;

    (ii) the Parent Teachers' Association of the schools within the district;

    (iii) the municipality or county;

    (iv) state or local law enforcement; and

    (v) state or local traffic safety engineering.

    (c) The committee shall:

    (i) receive suggestions from school community councils, parents, teachers, and others, and recommend school traffic safety improvements, boundary changes to enhance safety, and school traffic safety program measures;

    (ii) review and submit annually to the Department of Transportation and affected municipalities and counties a child access routing plan for each elementary, middle, and junior high school within the district;

    (iii) in consultation with the Utah Safety Council and the Division of Family Health Services, provide training to all students in kindergarten through grade 6, within the district, on school crossing safety and use; and

    (iv) help ensure the district's compliance with rules made by the Department of Transportation under Section 41-6a-303.

    (d) The committee may establish subcommittees as needed to assist in accomplishing the committee's duties under Subsection (19)(c).

    (20)

    (a) A local school board shall adopt and implement a comprehensive emergency response plan to prevent and combat violence in the local school board's public schools, on school grounds, on school vehicles, and in connection with school-related activities or events.

    (b) The local school board shall ensure that the plan:

    (i) includes prevention, intervention, and response components;

    (ii) is consistent with the school discipline and conduct policies required for school districts under Chapter 8, Part 2, School Discipline and Conduct Plans;

    (iii) requires professional learning for all district and school building staff on the staff's roles in the emergency response plan;

    (iv) provides for coordination with local law enforcement and other public safety representatives in preventing, intervening, and responding to violence in the areas and activities referred to in Subsection (20)(a); and

    (v) includes procedures to notify a student who is off campus at the time of a school violence emergency because the student is:

    (A) participating in a school-related activity; or

    (B) excused from school for a period of time during the regular school day to participate in religious instruction at the request of the student's parent.

    (c) The state board, through the state superintendent, shall develop comprehensive emergency response plan models that local school boards may use, where appropriate, to comply with Subsection (20)(a).

    (d) A local school board shall, by July 1 of each year, certify to the state board that its plan has been practiced at the school level and presented to and reviewed by its teachers, administrators, students, and the students' parents and local law enforcement and public safety representatives.

    (21)

    (a) A local school board may adopt an emergency response plan for the treatment of sports-related injuries that occur during school sports practices and events.

    (b) The plan may be implemented by each secondary school in the district that has a sports program for students.

    (c) The plan may:

    (i) include emergency personnel, emergency communication, and emergency equipment components;

    (ii) require professional learning on the emergency response plan for school personnel who are involved in sports programs in the district's secondary schools; and

    (iii) provide for coordination with individuals and agency representatives who:

    (A) are not employees of the school district; and

    (B) would be involved in providing emergency services to students injured while participating in sports events.

    (d) The local school board, in collaboration with the schools referred to in Subsection (21)(b), may review the plan each year and make revisions when required to improve or enhance the plan.

    (e) The state board, through the state superintendent, shall provide local school boards with an emergency response plan model that local school boards may use to comply with the requirements of this Subsection (21).

    (22)

    (a) A local school board shall approve an LEA's policies and procedures that an LEA develops to ensure that students have non-electronic notification of and access to:

    (i) school activities and events, including:

    (A) schedule changes;

    (B) extracurricular activities; and

    (C) sporting events; and

    (ii) the emergency response plans described in Subsections (20) and (21).

    (b) Notwithstanding Subsection (22)(a), an LEA may provide electronic notification of and access to school activities and events as described in Subsections (22)(a)(i) and (ii) if:

    (i)

    (A) the school provides each student with an electronic device; and

    (B) the electronic device is capable of receiving electronic notification of and access to school activities and events as described in Subsections (22)(a)(i) and (ii); or

    (ii) an emergency, unforeseen circumstance, or other incident arises and an LEA cannot reasonably provide timely non-electronic notification.

    (c) An LEA may not require the use of a privately owned electronic device to complete course work.

    (23) A local school board shall do all other things necessary for the maintenance, prosperity, and success of the schools and the promotion of education.

    (24)

    (a) As used in this subsection, "special enrollment program" means a full-day academic program in which a parent opts to enroll the parent's student and that is offered at a specifically designated school within an LEA, including:

    (i) gifted or advanced learning programs; or

    (ii) dual language immersion programs.

    (b) Before closing a school, changing the boundaries of a school, or changing or closing the location of a special enrollment program, a local school board shall:

    (i) at a local school board meeting, make and approve a motion to initiate the notification required under Subsections (24)(b)(ii) through (iv);

    (ii) on or before 90 days before the day on which the local school board approves the school closure or at least 30 days before the day on which the local school board approves a school boundary change, provide notice that the local school board is considering the closure or boundary change to:

    (A) parents of students enrolled in the school, using the same form of communication the local school board regularly uses to communicate with parents and also by mail, using the United States Postal Service, to the parents at each known address;

    (B) parents of students enrolled in other schools within the school district that may be affected by the closure or boundary change, using the same form of communication the local school board regularly uses to communicate with parents and also by mail, using the United States Postal Service, to the parents at each known address; and

    (C) the governing council and the mayor of the municipality in which the school is located;

    (iii) provide an opportunity for public comment on the proposed school closure during at least two public local school board meetings;

    (iv) provide an opportunity for public comment on the proposed school boundary change during one public local school board meeting; and

    (v) hold a public hearing as defined in Section 10-9a-103 and provide public notice of the public hearing in accordance with Subsection (24)(c).

    (25) A local school board may implement a facility energy efficiency program established under Title 11, Chapter 44, Performance Efficiency Act.

    (26) A local school board may establish or partner with a certified youth court in accordance with Section 80-6-902 or establish or partner with a comparable restorative justice program, in coordination with schools in that district. A school may refer a student to a youth court or a comparable restorative justice program in accordance with Section 53G-8-211.

    (27)

    (a) As used in this Subsection (27):

    (i) "Learning material" means any learning material or resource used to deliver or support a student's learning, including textbooks, reading materials, videos, digital materials, websites, and other online applications.

    (ii)

    (A) "Instructional material" means learning material that a local school board adopts and approves for use within the LEA.

    (B) "Instructional material" does not include learning material used in a concurrent enrollment, advanced placement, or international baccalaureate program or class or another class with required instructional material that is not subject to selection by the local school board.

    (iii) "Supplemental material" means learning material that:

    (A) an educator selects for classroom use; and

    (B) a local school board has not considered and adopted, approved, or prohibited for classroom use within the LEA.

    (b) A local school board shall:

    (i) make instructional material that the school district uses readily accessible and available for a parent to view;

    (ii) annually notify a parent of a student enrolled in the school district of how to access the information described in Subsection (27)(b)(i); and

    (iii) include on the school district's website information about how to access the information described in Subsection (27)(b)(i).[2]

    		”

    Constraints on Utah school boards' authority

    This section tracks constraints on school boards specific to Utah as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on Utah school boards' authority by topic

    This section features constraints on Utah school boards' authority on policies related to the following topics:

    Curriculum requirements

    Utah requires the following specific topics to be included in each district's curriculum:

    • Ethnic studies[4]
    • English (including explicit phonics, spelling, grammar, reading, writing, vocabulary, speech, and listening)
    • Mathematics[5]
    • Science[5]
    • Social studies[5]
    • Fine arts[5]
    • Physical education and health[5]
    • Early childhood education[5]
    • Civic and character education (including honesty, civility, duty, honor, service, Utah history, the essentials and benefits of the free enterprise system, respect for parents, and respect for and understanding of the Declaration of Independence and the constitutions of the U.S. and Utah)[6]

    Curriculum restrictions

    Utah law prohibits sensitive materials (especially those related to sex) in the school setting. It also allows students, parents, and district employees to initiate reviews to determine whether material is sensitive or inappropriate. The law says:[7]

    “

    (i)"Sensitive material" means an instructional material that constitutes objective sensitive material or subjective sensitive material.

    (ii)"Sensitive material" does not include an instructional material:

    (A)that an LEA selects under Section 53G-10-402;

    (B)for a concurrent enrollment course that contains sensitive material and for which a parent receives notice from the course provider of the material before enrollment of the parent's child and gives the parent's consent by enrolling the parent's child;

    (C)for medical courses;

    (D)for family and consumer science courses; or

    (E)for another course the state board exempts in state board rule.

    (iii)"Subjective sensitive material" means an instructional material that constitutes pornographic or indecent material, as that term is defined in Section 76-10-1235, under the following factor-balancing standards:

    (A)material that is harmful to minors under Section 76-10-1201;

    (B)material that is pornographic under Section 76-10-1203; or

    (C)material that includes certain fondling or other erotic touching under Subsection 76-10-1227(1)(a)(iv).

    (2)

    (a)Sensitive materials are prohibited in the school setting.

    (b)A public school or an LEA may not:

    (i)adopt, use, distribute, provide a student access to, or maintain in the school setting, sensitive materials; or

    (ii)permit a speaker or presenter in the school setting to display or distribute sensitive materials.

    (c)In evaluating, selecting, or otherwise considering action related to a given instructional material under this section, each public school and each LEA shall prioritize protecting children from the harmful effects of illicit pornography over other considerations in evaluating instructional material.

    (d)If an instructional material constitutes objective sensitive material:

    (i)a public school or an LEA is not required to engage in a review under a subjective sensitive material standard; and

    (ii)the outcome of a subjective sensitive material evaluation has no bearing on the non-discretionary objective sensitive material conclusion.

    (3)

    (a)Except as provided in Subsection (3)(b), the following individuals may initiate a sensitive material review under this section:

    (i)an employee of the relevant LEA;

    (ii)a student who is enrolled in the relevant LEA;

    (iii)a parent of a child who is enrolled in the relevant LEA; or

    (iv)a member of the relevant LEA governing board.[2]

    		”

    State law also prohibits teachings about race or sex that contradict the following principles:[8]

    “

    (a)Each LEA shall provide an annual assurance to the state board that the LEA's professional learning, administrative functions, displays, and instructional and curricular materials, are consistent with the following principles of individual freedom:

    (i)the principle that all individuals are equal before the law and have unalienable rights; and

    (ii)the following principles of individual freedom:

    (A)that no individual is inherently racist, sexist, or oppressive, whether consciously or unconsciously, solely by virtue of the individual's race, sex, or sexual orientation;

    (B)that no race is inherently superior or inferior to another race;

    (C)that no person should be subject to discrimination or adverse treatment solely or partly on the basis of the individual's race, color, national origin, religion, disability, sex, or sexual orientation;

    (D)that meritocracy or character traits, including hard work ethic, are not racist nor associated with or inconsistent with any racial or ethnic group; and

    (E)that an individual, by virtue of the individual's race or sex, does not bear responsibility for actions that other members of the same race or sex committed in the past or present.

    (b)Nothing in this section prohibits instruction regarding race, color, national origin, religion, disability, or sex in a manner that is consistent with the principles described in Subsection (2)(a).[2]

    		”
    Federal law and guidance

    Book bans, removals, and restrictions

    Though Utah school boards have the authority to remove books from school libraries, state law prohibits books and instructional materials that contain what the law defines as sensitive materials. State law also requires that if three or more school districts, or two school districts and five charter schools, remove the same title from a school library, all other school districts in the state must also remove it.[10][11]

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[12][13][14]

    Federal guidance


    Parental notification

    Utah requires parental notification in the following circumstances:

    • Students violate discipline/conduct policies.[16]
    • Students are suspended or expelled.[17]
    • Any emergency safety interventions are used on students.[18]
    • Surveys are conducted on students.[19]

    State law also requires parental approval to change a student's name or pronouns on school records.[20]

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[21]

    Discipline

    See also: How does Utah compare to other states on school board authority over disciplinary policy?

    Utah is one of 47 states that gives school boards authority over district disciplinary policy.

    The text of Utah Code 53G-8-202 is as follows:[22]

    “

    (1) The Legislature recognizes that every student in the public schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption.

    (2)(a) To foster such an environment, each local school board or charter school governing board, with input from school employees, parents of students, students, and the community at large, shall adopt conduct and discipline policies for the public schools in accordance with Section 53G-8-211.[2]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in Utah, How does Utah compare to other states on school board authority over election timing?

    Utah is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

    Click here to read about the laws governing school board elections in Utah.

    Public school choice and open enrollment

    See also: School choice in Utah

    Utah has mandatory interdistrict and intradistrict open enrollment policies, with some exceptions:[24]

    “

    (1) Each local school board is responsible for providing educational services consistent with Utah state law and rules of the state board for each student who resides in the district and, as provided in this section through Section 53G-6-407 and to the extent reasonably feasible, for any student who resides in another district in the state and desires to attend a school in the district, giving priority to a child of a military service member, as that term is defined in 53B-8-102.

    (2)

    (a) A school is open for enrollment of nonresident students if the enrollment level is at or below the open enrollment threshold.

    (b) If a school's enrollment falls below the open enrollment threshold, the local school board shall allow a nonresident student to enroll in the school.

    (3) A local school board may allow enrollment of nonresident students in a school that is operating above the open enrollment threshold.

    (4)

    (a) A local school board shall adopt policies describing procedures for nonresident students to follow in applying for entry into the district's schools.

    (b) Those procedures shall provide, as a minimum, for:

    (i) distribution to interested parties of information about the school or school district and how to apply for admission;

    (ii) use of standard application forms prescribed by the state board;

    (iii)

    (A) submission of applications from November 15 through the first Friday in February by those seeking admission during the early enrollment period for the following year; or

    (B) submission of applications from August 1 through November 1 by those seeking admission during the early enrollment period for the following year in a school district described in Subsection 53G-6-401(1)(b);

    (iv) submission of applications by those seeking admission during the late enrollment period;

    (v) notwithstanding any other provision of this part or Part 3, School District Residency, submission of applications for at least 30 days after the day on which a school boundary change takes effect for those affected by the school boundary change;

    (vi) written notification to the student's parent of acceptance or rejection of an application:

    (A) within six weeks after receipt of the application by the district or by March 31, whichever is later, for applications submitted during the early enrollment period;

    (B) within two weeks after receipt of the application by the district or by the Friday before the new school year begins, whichever is later, for applications submitted during the late enrollment period for admission in the next school year;

    (C) within two weeks after receipt of the application by the district, for applications submitted during the late enrollment period for admission in the current year; and

    (D) within two weeks after receipt of the application by the district, for applications submitted by students affected by a school district boundary change;

    (vii) written notification to the resident school for intradistrict transfers or the resident district for interdistrict transfers upon acceptance of a nonresident student for enrollment; and

    (viii) written notification to the parents of each student that resides within the school district and other interested parties of the revised early enrollment period described in Subsection 53G-6-401(1)(b) if:

    (A) the school district is doing a district-wide grade reconfiguration of its elementary, middle, junior, and senior high schools; and

    (B) the grade reconfiguration described in Subsection (4)(b)(viii)(A) will be implemented in the next school year.

    (c)

    (i) Notwithstanding the dates established in Subsection (4)(b) for submitting applications and notifying parents of acceptance or rejection of an application, a local school board may delay the dates if a local school board is not able to make a reasonably accurate projection of the early enrollment school capacity or late enrollment school capacity of a school due to:

    (A) school construction or remodeling;

    (B) drawing or revision of school boundaries; or

    (C) other circumstances beyond the control of the local school board.

    (ii) The delay may extend no later than four weeks beyond the date the local school board is able to make a reasonably accurate projection of the early enrollment school capacity or late enrollment school capacity of a school.

    (5) A school district may charge a one-time $5 processing fee, to be paid at the time of application.

    (6) An enrolled nonresident student shall be permitted to remain enrolled in a school, subject to the same rules and standards as resident students, without renewed applications in subsequent years unless one of the following occurs:

    (a) the student graduates;

    (b) the student is no longer a Utah resident;

    (c) the student is suspended or expelled from school;

    (d) except for a student described in Subsection (6)(e), the district determines that enrollment within the school will exceed the school's open enrollment threshold; or

    (e) for a child of a military service member, as that term is defined in Section 53B-8-102, who moves from temporary to permanent housing outside of the relevant school district boundaries following a permanent change of station:

    (i) in kindergarten through grade 10, the student completes the current school year; or

    (ii) in grades 11 and 12, the student graduates.

    (7)

    (a) Determination of which nonresident students will be excluded from continued enrollment in a school during a subsequent year under Subsection (6)(d) is based upon time in the school, with those most recently enrolled being excluded first and the use of a lottery system when multiple nonresident students have the same number of school days in the school.

    (b) Nonresident students who will not be permitted to continue their enrollment shall be notified no later than March 15 of the current school year.

    (8) The parent of a student enrolled in a school that is not the student's school of residence may withdraw the student from that school for enrollment in another public school by submitting notice of intent to enroll the student in:

    (a) the district of residence; or

    (b) another nonresident district.

    (9) Unless provisions have previously been made for enrollment in another school, a nonresident district releasing a student from enrollment shall immediately notify the district of residence, which shall enroll the student in the resident district and take such additional steps as may be necessary to ensure compliance with laws governing school attendance.

    (10)

    (a) Except as provided in Subsection (10)(c), a student who transfers between schools, whether effective on the first day of the school year or after the school year has begun, by exercising an open enrollment option under this section may not transfer to a different school during the same school year by exercising an open enrollment option under this section.

    (b) The restriction on transfers specified in Subsection (10)(a) does not apply to a student transfer made for health or safety reasons.

    (c) A local school board may adopt a policy allowing a student to exercise an open enrollment option more than once in a school year.

    (11) Notwithstanding Subsections (2) and (6)(d), a student who is enrolled in a school that is not the student's school of residence, because school bus service is not provided between the student's neighborhood and school of residence for safety reasons:

    (a) shall be allowed to continue to attend the school until the student finishes the highest grade level offered; and

    (b) shall be allowed to attend the middle school, junior high school, or high school into which the school's students feed until the student graduates from high school.

    (12) Notwithstanding any other provision of this part or Part 3, School District Residency, a student shall be allowed to enroll in any charter school or other public school in any district, including a district where the student does not reside, if the enrollment is necessary, as determined by the Division of Child and Family Services, to comply with the provisions of 42 U.S.C. Section 675.[2]

    		”

    Charter schools

    See also: Charter schools in Utah, How does Utah compare to other states on school board authority over charter schools?

    Utah is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

    According to Utah Code 53G-5-205, school district boards, the State Charter School Board, and boards of trustees for institutions of higher education all have the authority to approve charters.[25]

    “

    (1) The following entities are eligible to authorize charter schools:

    (a) the State Charter School Board;

    (b) a local school board; or

    (c) an institution of higher education board of trustees, as that term is defined in Section 53G-5-102.

    (2) A charter school authorizer shall:

    (a) authorize and promote the establishment of charter schools;

    (b) before an application for charter school authorization is submitted to a charter school authorizer, review and evaluate the proposal to support and strengthen the charter school authorization proposal;

    (c) review and evaluate the performance of charter schools authorized by the authorizer and hold a charter school accountable for the performance measures established in the charter school's charter agreement;

    (d) assist charter schools in understanding and carrying out the charter school's charter obligations; and

    (e) provide technical support to charter schools and persons seeking to establish charter schools by:

    (i) identifying and promoting successful charter school models;

    (ii) facilitating the application and approval process for charter school authorization; or

    (iii) directing charter schools and persons seeking to establish charter schools to sources of funding and support.[2]

    		”

    Cellphone bans

    See also: How does Utah compare to other states on cellphone laws?

    Utah is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[26][27]

    Utah school boards are authorized to engage in collective bargaining agreements with school employees. Utah Governor Spencer Cox (R) signed a bill on February 14, 2025, that prohibits public employees from collective bargaining with their employers, but citizens gathered enough signatures to put the issue as a referendum on the November 2026 general election ballot. The law will not be in effect pending the election and referendum results.[28][29]

    Parents' bill of rights

    See also: How does Utah compare to other states on Parents' Bills of Rights?

    Utah is one of 26 states that has a Parents' Bill of Rights.

    State Code 53G-6-801 through 807 outlines parents' education-specific rights, including access to instructional materials, meetings with teachers and administrators, and attendance of their children's classes. The full list of parental rights is as follows:[30]

    “

    53G-6-801 Definitions

    (1) "Federal law" means:

    (a) a statute passed by the Congress of the United States; or

    (b) a final regulation:

    (i) adopted by an administrative agency of the United States government; and

    (ii) published in the code of federal regulations or the federal register.

    (2) "Reasonably accommodate" means an LEA shall make its best effort to enable a parent to exercise a parental right specified in Section 53G-6-803:

    (a) without substantial impact to staff and resources, including employee working conditions, safety and supervision on school premises and for school activities, and the efficient allocation of expenditures; and

    (b) while balancing:

    (i) the parental rights of parents;

    (ii) the educational needs of other students;

    (iii) the academic and behavioral impacts to a classroom;

    (iv) a teacher's workload; and

    (v) the assurance of the safe and efficient operation of a school.

    53G-6-802 Annual Notice of Parental Rights

    (1) An LEA shall annually notify a parent of a student enrolled in the LEA of:

    (a) the parent's rights as specified in this part; and

    (b) the constitutional protections as described in Section 53G-10-205.

    (2) An LEA satisfies the notification requirement described in Subsection (1) by posting the information on the LEA's website or through other means of electronic communication.

    53G-6-803 Parental Right to Academic Accommodations

    (1)

    (a) A student's parent is the primary person responsible for the education of the student, and the state is in a secondary and supportive role to the parent. As such, a student's parent has the right to reasonable academic accommodations from the student's LEA as specified in this section.

    (b) Each accommodation shall be considered on an individual basis and no student shall be considered to a greater or lesser degree than any other student.

    (c) The parental rights specified in this section do not include all the rights or accommodations that may be available to a student's parent as a user of the public education system.

    (d) An accommodation under this section may only be provided if the accommodation is:

    (i) consistent with federal law; and

    (ii) consistent with a student's IEP if the student already has an IEP.

    (2) An LEA shall reasonably accommodate a parent's written request to retain a student in kindergarten through grade 8 on grade level based on the student's academic ability or the student's social, emotional, or physical maturity.

    (3) An LEA shall reasonably accommodate a parent's initial selection of a teacher or request for a change of teacher.

    (4) An LEA shall reasonably accommodate the request of a student's parent to visit and observe any class the student attends.

    (5) Notwithstanding Part 2, Compulsory Education, an LEA shall record an excused absence for a scheduled family event or a scheduled proactive visit to a health care provider if:

    (a) the parent submits a written statement at least one school day before the scheduled absence; and

    (b) the student agrees to make up course work for school days missed for the scheduled absence in accordance with LEA policy.

    (6)

    (a) An LEA shall reasonably accommodate a parent's written request to place a student in a specialized class, a specialized program, or an advanced course.

    (b) An LEA shall consider multiple academic data points when determining an accommodation under Subsection (6)(a).

    (7) Consistent with Section 53E-4-204, which requires the state board to establish graduation requirements that use competency-based standards and assessments, an LEA shall allow a student to earn course credit toward high school graduation without completing a course in school by:

    (a) testing out of the course; or

    (b) demonstrating competency in course standards.

    (8) An LEA shall reasonably accommodate a parent's request to meet with a teacher at a mutually agreeable time if the parent is unable to attend a regularly scheduled parent-teacher conference.

    (9)

    (a) At the request of a student's parent, an LEA shall excuse a student from taking an assessment that:

    (i) is federally mandated;

    (ii) is mandated by the state under this public education code; or

    (iii) requires the use of:

    (A) a state assessment system; or

    (B) software that is provided or paid for by the state.

    (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules:

    (i) to establish a statewide procedure for excusing a student under Subsection (9)(a) that:

    (A) does not place an undue burden on a parent; and

    (B) may be completed online; and

    (ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or an LEA's employees through school accountability or employee evaluations due to a student not taking an assessment under Subsection (9)(a).

    (c) An LEA:

    (i) shall follow the procedures outlined in rules made by the state board under Subsection (9)(b) to excuse a student under Subsection (9)(a);

    (ii) may not require procedures to excuse a student under Subsection (9)(a) in addition to the procedures outlined in rules made by the state board under Subsection (9)(b); and

    (iii) may not provide a nonacademic reward to a student for taking an assessment described in Subsection (9)(a).

    (d) The state board shall:

    (i) maintain and publish a list of state assessments, state assessment systems, and software that qualify under Subsection (9)(a); and

    (ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).

    (10)

    (a) An LEA shall provide for:

    (i) the distribution of a copy of a school's discipline and conduct policy to each student in accordance with Section 53G-8-204; and

    (ii) a parent's signature acknowledging receipt of the school's discipline and conduct policy.

    (b) An LEA shall notify a parent of a student's violation of a school's discipline and conduct policy and allow a parent to respond to the notice in accordance with Chapter 8, Part 2, School Discipline and Conduct Plans.

    53G-6-804 Parent Access to Learning Management System for Online Courses – Training (1) As used in this section:

    (a) "Learning management system" means a software application for the administration, documentation, tracking, reporting, automation, or delivery of an online course.

    (b) "Online course" means a course that an LEA provides to a student over the Internet.

    (2) An LEA that uses a learning management system for an online course shall provide:

    (a) to the parent of a student enrolled in the online course, access to the learning management system, including, at a minimum:

    (i) the curriculum used for the course; and

    (ii) information about the progress and learning of the parent's student, including assessment results; and

    (b) to a student enrolled in the course and the student's parent, training or orientation to help the student and the student's parent understand how to access:

    (i) the learning management system;

    (ii) the online course; and

    (iii) any online tools used to deliver the online course or instruction.

    53G-6-805 Parental Right to School Comparison (1) Parents have the right to compare public school performance in a given area.

    (2) The state board shall provide an online tool that allows parents to:

    (a) search for public schools within a given radius of a specific location or within the boundaries of a public school district; and

    (b) view a side-by-side comparison of data related to the public schools in the area described in Subsection (2)(a), including the indicators required in Subsection 53E-5-211(1).

    (3) The state board shall include the information provided under this section in the parent portal required under Section 53G-6-806.

    53G-6-806 Parent Portal (1) As used in this section:

    (a) "Parent portal" means the posting the state board is required to provide under this section.

    (b) "School" means a public elementary or secondary school, including a charter school.

    (2)

    (a) The state board shall post information that allows a parent of a student enrolled in a school to:

    (i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;

    (ii) be informed of resources and steps to follow when a student has been the subject, perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or abusive conduct, such as:

    (A) resources for the student, including short-term mental health services;

    (B) options for the student to make changes to the student's educational environment;

    (C) options for alternative school enrollment;

    (D) options for differentiated start or stop times;

    (E) options for differentiated exit and entrance locations; and

    (F) the designated employee for an LEA who addresses incidents of bullying, cyber-bullying, hazing, retaliation, and abusive conduct.

    (iii) be informed of the steps and resources for filing a grievance with a school or LEA regarding bullying, cyber-bullying, hazing, or retaliation;

    (iv) be informed of the steps and resources for seeking accommodations under the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.;

    (v) be informed of the steps and resources for seeking accommodations under state or federal law regarding religious accommodations;

    (vi) be informed of the steps and resources for filing a grievance for an alleged violation of state or federal law, including:

    (A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;

    (B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;

    (C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and

    (D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12131-12165.

    (vii) receive information about constitutional rights and freedoms afforded to families in public education;

    (viii) be informed of how to access an internal audit hotline if established by the state board; and

    (ix) be informed of services for military families.

    (b) In addition to the information required under Subsection (2)(a), the state board:

    (i) shall include in the parent portal:

    (A) the comparison tool created under Section 53G-6-805;

    (B) school-level safety data, including data points described in Section 53E-3-516; and

    (C) a link to the public safety portal described in Section 63A-16-1002.

    (ii) may include in the parent portal other information that the state board determines is helpful to parents.

    (3)

    (a) The state board shall post the parent portal at a location that is easily located by a parent.

    (b) The state board shall update the parent portal at least annually.

    (c) In accordance with state and federal law, the state board may collaborate with a third party to provide safety data visualization in comparison to other states' data.

    (4) An LEA shall annually notify each of the following of how to access the parent portal:

    (a) a parent of a student; and

    (b) a teacher, principal, or other professional staff within the LEA.

    53G-6-807 Parent Engagement Specialist (1)

    (a) The state superintendent shall appoint an individual as a parent engagement specialist after:

    (i) posting the position publicly; and

    (ii) reviewing and consulting with the state board leadership about the appointment.

    (b) The individual appointed under this section shall preferably have experience:

    (i) working to constructively engage parents in guiding the parents' student's education;

    (ii) understanding research on education outcomes; and

    (iii) understanding laws pertaining to parental rights in education.

    (2) The parent engagement specialist shall respond to parent communications directed to the state board by:

    (a) maintaining and revising on behalf of the state board the parent portal required by Section 53G-6-806;

    (b) responding to questions and complaints to the state board regarding parent rights and opportunities within the state's education system; and

    (c) helping parents to navigate available complaint processes provided through the state board, at the LEA level, or at the public school level.

    (3) The parent engagement specialist shall provide guidance and outreach to LEAs and public schools across the state by:

    (a) providing training and materials to LEAs and public schools regarding successful parent engagement strategies; and

    (b) sharing research on parent engagement practices shown to contribute to student attendance and success.

    (4) In performing the parent engagement specialist's activities, the parent engagement specialist shall comply with Section 53E-2-201.[2]

    		”


    How does Utah compare to other states?

    This section compares Utah's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-three (23) states have no laws regulating the curation of school library books. Twenty-seven (27) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Eleven states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Nine states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[31]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • Resolution by Utah Republican Party to repeal state education rule, saying it promotes CRT, fails to pass (2024): The Utah GOP adopted a resolution to repeal administrative rule R277-328, titled Educational Equity in Schools, on October 28, 2023, stating that it "installed, codified and further entrenched the Praxis of CRT into Utah’s Schools," according to the resolution. The resolution contended that the rule was inconsistent with the state’s Individual Freedom in Public Education law, passed in 2023, which required all instructional material and classroom instruction to be consistent with "inalienable rights, equal opportunity, and individual merit," according to the text of the law. Utah Education Association President Renée Pinkney disagreed, according to KSL.com, arguing that R277-328 provided equal opportunities in schools that met the diverse needs of students. The resolution failed to pass the Utah State Board of Education on January 11, 2024. It was rejected by a 7-8 vote.[32][33]

    See also

    Footnotes

    1. ↑ Utah State Legislature, "Title 53G Public Education System -- Local Administration," accessed February 8, 2025
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ 3.0 3.1 Utah State Legislature, "53G-4-402. Powers and duties generally," accessed February 8, 2025
    4. ↑ Utah State Legislature, "Utah Code 53E-4-204," accessed February 8, 2025
    5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Utah State Legislature, "Utah Code 53E-4-203," accessed February 8, 2025
    6. ↑ Utah State Legislature, "Utah Code 53G-10-204," accessed February 8, 2025
    7. ↑ Justia, "Utah Code 53G-10-103," accessed January 31, 2025
    8. ↑ Justia, "Utah Code 53G-10-103," accessed January 31, 2025
    9. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    10. ↑ Justia, "Utah Code 53G-10-103," accessed January 31, 2025
    11. ↑ Legiscan, "Utah House Bill 29," accessed April 9, 2025
    12. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    13. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    14. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    15. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    16. ↑ Utah State Legislature, "53G-6-803," accessed February 8, 2025
    17. ↑ Safe Supportive Learning, "Utah School Discipline Laws & Regulations: Parental Notification," accessed February 8, 2025
    18. ↑ Casetext, "Utah Admin. Code 277-609-10," accessed February 8, 2025
    19. ↑ Utah State Legislature, "H.B. 182 Student Survey Amendments," accessed February 8, 2025
    20. ↑ Utah State Legislature, "S.B. 100 School Gender Identity Policies," accessed February 8, 2025
    21. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." accessed July 7, 2025
    22. ↑ Utah State Legislature, "Utah Code 53G-8-202," accessed February 8, 2025
    23. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    24. ↑ Utah State Legislature, "Utah Code 53G-6-402," accessed February 8, 2025
    25. ↑ Utah State Legislature, "Utah Code 53G-5-205," accessed February 8, 2025
    26. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    27. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    28. ↑ Fox13, "Law banning public employee unions from collective bargaining blocked by Lt. Gov." accessed June 18, 2025
    29. ↑ Office of the Governor - Utah, "EXECUTIVE ORDER 2025-07 - Directing that the Referendum Regarding H.B. 267 Public Sector Labor Union Amendments be Submitted to the Voters at the 2026 General Election," accessed August 6, 2025
    30. ↑ Utah State Legislature, "Part 8 Parental Rights," accessed February 8, 2025
    31. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    32. ↑ KSL Utah, "Utah 'educational equity' rule faces repeal as state GOP links it to critical race theory," January 12, 2024.
    33. ↑ Utah Republican Party, "Resolution in Support of Repealing R277-328 and All CRT Praxis in Utah Schools," January 12, 2024.
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