Legislation

student graduating

There are several state laws that will impact how the Davis School District and Davis County Health Department respond to COVID-19 during the upcoming school year. A brief summary of these laws is provided below. There may be other local, state, or federal laws and regulations that impact schools during the pandemic.

First General Session 2021 Senate Bill 107 Requirement for in-person instruction – Test to Stay Program

• All schools in Utah are required to have at least 4 days of in-person instruction per week.
• Test to Stay is required in K-12 schools. Testing events should be done in coordination with the local health department and are required to take place when a certain number of students test positive for COVID-19 in a 14-day window. Schools can request assistance from the Utah Department of Health for Test to Stay events.
U.C.A. 53G-9-210 (3) Requirement for in-person instruction.

First General Session 2021 Senate Bill 195 Emergency Response

• The Governor and Utah Department of Health must provide 24-hour notice to the Legislature before declaring a Public Health Emergency or issuing an Order of Constraint. An example of an Order of Constraint includes requiring masks to be worn by all students in schools.
• A local health department must provide 24-hour notice to their county elected officials before declaring a Public Health Emergency or issuing an Order of Constraint.
• The Legislature or elected county officials may overturn a Public Health Emergency or Order of Constraint at any time.
• There is a 30-day maximum time limit on an initial Public Health Emergency or Order of Constraint. The Legislature or elected county officials must be provided 10-days notice if the Department of Health or local health department requests an extension of a Public Health Emergency or Order of Constraint.
• All new Public Health Emergencies and Orders of Constraint must follow the requirements of Senate Bill 195.
U.C.A. Title 26 Chapter 23b Detection of Public Health Emergencies Act.

First Special Session 2021 House Bill 1007 Face Covering Requirements

• Does not allow a local education agency (LEA), an LEA governing board, the state board, the state superintendent, or a school to require face masks to attend or participate in in-person instruction, LEA-sponsored athletics, LEA-sponsored extracurricular activities, or to be in any other place on the campus of a school or school facility.
• Does allow for a private school to require face masks.
• Does not allow an institution of higher education (like a college or university) to require a face covering to participate in or attend instruction, activities, or to be in any other place on the campus, except for a medical setting at an institution of higher education.
U.C.A. 53G-9-210 (5) Face Coverings.

First General Session House Bill 308 Covid-19 Vaccine Amendments

• A governmental entity can’t require a person to get a COVID-19 vaccine that was authorized for use under Emergency Use Authorization as a condition of employment, or to participate or attend an activity of the governmental entity.
• This restriction would not apply to a COVID-19 vaccine that receives full authorization from the U.S. Food and Drug Administration.
• Employees who work in a public health or medical setting can be required to receive COVID- 19 vaccines authorized for use under Emergency Use Authorization.
U.C.A. Title 26 Chapter 68 Covid-19 Vaccine Restrictions Act.

First Special Session Senate Bill 1001 Appropriations Adjustments

• Does not allow funding appropriated by the Legislature to be used for financial incentives, awards, drawings or prizes, or any similar incentive to anyone for receiving a vaccination.