A Utah bill that would require public colleges and universities to make “reasonable” accommodations when coursework conflicts with a student’s religious or conscience beliefs has passed the state legislature and is awaiting action by Republican Gov. Spencer Cox.
House Bill 204, titled “Higher Education Student Belief Accommodation,” says institutions must “reasonably accommodate” a student’s participation in “an examination or other academic requirement” by steps such as “excusing participation,” offering “an alternative deadline or schedule,” or offering “an alternative examination or assignment.”
For courses required for graduation or a major, the bill requires accommodations unless the request would fundamentally alter the objectives of the course and harm a student’s ability to meet essential outcomes or competencies.
Republican Rep. Michael J. Petersen, the bill’s chief sponsor, told the Utah Statesman he was inspired by his daughter’s experience with an assignment that asked her to write a letter advocating for LGBTQ policy.
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“A year or so ago, my daughter called me, just finishing her master’s at a school outside of our state,” Petersen told the paper. “She called and said, ‘Hey, dad, I’ve got an assignment. I’m supposed to write a letter to my legislator advocating on behalf of LGBT policy.’”
The lawmaker said the assignment amounted to compelled speech, and raised First Amendment concerns.
Petersen also said the bill would protect students who fear retaliation for speaking up about assignments that conflict with their beliefs.
“Students often, if not typically, see themselves as beholden to their professors,” Petersen said in February when presenting the bill in a committee hearing, according to The Salt Lake Tribune. “These students are often put in a difficult position.”
Students would be required to submit written prior notice for the accommodation and requests must stay confidential, unless disclosure is permitted by law. The bill also bars compelled public advocacy, saying professors “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 to a legislator or post opinions online.
If an instructor denies a request, they must notify the student and the institution of the reason for the denial, and institutional policies must provide for a neutral arbiter to review the decision.
The bill, which is set to take effect on May 6, has raised academic freedom concerns from some professors, according to media reports.
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Rick McDonald, an English professor at Utah Valley University, told The College Fix in a report published Thursday that he feared language in the bill referring to “activities” was too vague and broad and could lead to students objecting to group assignments where other students hold different opinions.
Joe LaSure, a faculty member at Utah State University, also told the Tribune the bill would further exacerbate the “chilling effects Utah is already experiencing” after Cox signed a bill banning diversity, equity and inclusion programs in public education.
“We cannot deliver content in a climate of fear,” he told the outlet.
Petersen told the Statesman the bill would not allow students to avoid coursework or change the objectives or learning standards of a class. He also emphasized it was not meant to benefit any political party or religion.
