R277-328-3. Professional Learning Regarding Equal Opportunities in Education and Prohibited Discriminatory Practices

(1) An LEA shall provide professional learning to educators and relevant staff regarding students' constitutionally protected rights in public schools, including: (a) recognizing that students do not forfeit constitutionally protected and unalienable rights to religious expression or religious exercise while attending public schools; (b) including instruction regarding applicable federal and state constitutional protections, including protections recognized under Section 53G-10-205 and recent federal and state judicial decisions interpreting religious liberty protections in public education; (c) emphasizing the obligation of public schools to remain neutral toward religion, neither promoting nor inhibiting religious expression protected by law; and (d) providing educators with guidance regarding lawful accommodation of religious beliefs and religious expression consistent with constitutional requirements and maintaining an orderly educational environment; and (e) promoting effective instructional practices and inclusive teaching applications that include intentionally and purposely creating, designing, and developing learning opportunities that ensure all students, regardless of their background, skill, or developmental level, can benefit from the least restrictive learning environment, including: (i) that a student with a disability is educated with peers without a disability to the maximum extent appropriate, consistent with IDEA; and (ii) that specially designed instruction is provided in addition to, not instead of, high-quality core instruction as consistent with IDEA. (3) The professional learning provided by an LEA shall include instruction that educators may not promote prohibited discriminatory practices as described in Section 53B-1-118: (a) one personal identity characteristic is inherently superior or inferior to another personal identity characteristic; (b) an individual, by virtue of the individual's personal identity characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim, whether consciously or unconsciously; (c) an individual should be discriminated against in violation of Titles VI & VII of the Civil Rights Act of 1964, IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, receive adverse treatment, be advanced, or receive beneficial treatment because of the individual's personal identity characteristics; (d) an individual's moral character is determined by the individual's personal identity characteristics; (e) an individual, by virtue of the individual's personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics; (f) an individual should feel discomfort, guilt, anguish, or other psychological distress solely because of the individual's personal identity characteristics; (g) asserts that meritocracy is inherently racist or sexist; (h) asserts that socio-political structures are inherently a series of power relationships and struggles among racial groups; (i) promotes resentment between, or resentment of, individuals by virtue of their personal identity characteristics; (j) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual because of the individual's race, color, ethnicity, sex, sexual orientation, national origin, or gender identity; (k) is referred to or named diversity, equity, and inclusion, used in conjunction; or (l) includes or relates to, a prohibited submission as outlined in Section 67-27-105. (4) Prohibited instruction does not include a training on policies or procedures required by board rule, state, or federal law, including laws relating to prohibited discrimination or harassment. (5) The professional learning provided by an LEA shall be done in accordance with all state and federal laws. (6) The content of professional learning provided by an LEA shall be made freely available by the LEA within a reasonable amount of time from when the training is offered upon request and include a copy of this rule. (7) If an alleged violation of this section is reported to the Board as described in Rule R277-123, the Board may investigate the alleged violation as described in Rule R277-114, including taking action as described in Subsection R277-114-3(3). (8) An LEA shall ensure a formal complaint process is in place pursuant to Rule R277-113. (9) The professional learning referred to in Subsection (6) does not include remediation sessions for a specific educator.