(1) As used in this section: (a) "Conscience" means the same as that term is defined in Section 67-27-106. (b) "Fundamental alteration" means a change so significant in an examination or assignment that the change: (i) alters the essential nature, objectives, or standards of a class, program, or degree; and (ii) negatively impacts the student's ability, as a neutral arbiter, whom the institution designates under Subsection (5)(f) determines, to: (A) master essential learning outcomes of the course, program, or degree; or (B) acquire the knowledge, skills, or competencies necessary to pass the course, program, or degree. (c) "Matter of public concern" means speech that relates to a political, social, religious, moral, or community matter. (d) "Reasonably accommodate" means taking reasonable steps to modify expectations for a student's participation in an examination or other academic requirement by: (i) excusing participation; (ii) offering an alternative deadline or schedule; or (iii) offering an alternative examination or assignment. (2) In accordance with Subsection (3), an institution shall: (a) for any course: (i) reasonably accommodate a student's absence from an examination or other academic requirement under the circumstances described in Subsection (3) for reasons of: (A) the student's religious or conscience belief; or (B) the student's participation in an organized activity conducted under the auspices of the student's religious tradition or religious organization; and (ii) ensure that an accommodation described in Subsection (2)(a)(i) does not adversely impact the student's academic opportunities; and (b) for a course that the institution mandates for graduation or for an academic major, reasonably accommodate a student's objection to a required examination or assignment for reasons of the student's sincerely held religious or conscience belief if the requested accommodation does not create a fundamental alteration. (3) An institution shall make an accommodation described in Subsection (2) if: (a) for an accommodation described in Subsection (2)(a), the time at which an examination or academic requirement is scheduled to occur conflicts with the student's sincerely held religious or conscience belief; and (b) for any accommodation described in Subsection (2), the student provides a written prior notice to the instructor of the course for which the student seeks the accommodation regarding the request for the accommodation. (4) (a) An instructor shall: (i) respond to a request for an accommodation as soon as practicable and in accordance with institutional polices described in Subsection (5); and (ii) if the instructor denies the request, notify the student and the institution of the denial, including the reason for the denial, as soon as practicable and in accordance with the institutional policies described in Subsection (5). (b) An instructor may not compel a student to publicly take or communicate a specified position on a matter of public concern as the student's own, including by requiring a student to write a letter to a lawmaker, write a letter to an editor, write an article for publication, publish an opinion online or on social media, or create or publish a podcast. (5) An institution shall establish policies and procedures, with guidance from the board, related to the accommodation described in Subsection (2) that: (a) require the institution to provide the accommodation with respect to the student's participation in examinations and other academic requirements; (b) allow an instructor who receives a notice described in Subsection (3)(b) to: (i) schedule an alternative examination time before or after the regularly scheduled examination; or (ii) make accommodations for other academic requirements related to the accommodation; (c) require an instructor who receives a notice described in Subsection (3)(b) to keep confidential a student's request for the accommodation, unless disclosure is permitted by law; (d) address a reasonable timeframe within which: (i) a student must submit a request described in Subsection (3)(b) to an instructor; and (ii) an instructor must respond to a student's request described in Subsection (3)(b); (e) outline a process by which an instructor shall, if the instructor denies the student's request for an accommodation described in Subsection (2): (i) notify the institution of the instructor's denial of the student's request; and (ii) provide to the institution a written explanation of why the instructor denied the request; and (f) designate one or more neutral arbiters with the academic and subject matter expertise necessary to review a denial described under Subsection (5)(e) and determine whether the requested accommodation constitutes a fundamental alteration. (6) (a) The commissioner shall annually: (i) (A) create a list of the dates of religious holidays for the following two years; and (B) distribute the list described in this Subsection (6)(a)(i) to an institution; and (ii) upon the request of the Education Interim Committee, ensure the inclusion of information institutions report under Subsection (7)(c) in an annual report to the Legislature described in Section 53H-1-403. (b) The creation and distribution of the list described in Subsection (6)(a)(i) does not prohibit a student from seeking, or an institution from granting, an accommodation for a date of a religious holiday that is not included on that list. (7) An institution shall: (a) designate a point of contact for information about an accommodation described in Subsection (2), who may also serve as the neutral arbiter described in Subsection (5)(f); (b) publish the following information on the institution's website and update the information annually: (i) the institution's religious and conscience belief accommodation policies described in Subsection (5); (ii) the point of contact described in Subsection (7)(a); (iii) the list described in Subsection (6)(a); (iv) a description of the general procedure to request an accommodation described in Subsection (2); and (v) the grievance process described in Subsection (5)(f); (c) submit an annual report to the board, no later than December 1 of each year, detailing, for the previous academic year, any neutral arbiter decisions under Subsection (5); and (d) no later than December 1, 2026, report to the board the institutional policies the institution creates in accordance with Subsection (5). (8) The board shall: (a) establish policies to ensure the protection of students' sincerely held religious and conscience beliefs; and (b) provide guidelines for the institution policies described in Subsection (5), including parameters for the accommodations described in this section and guidance for protecting a student's sincerely held religious and conscience beliefs. (9) Nothing in this section interferes with federal law.
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