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.
• 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.
• 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.
• 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.
• 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.
• 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.