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Ex. UT-046 Order Primary source read

S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435)

In-person Instruction Prioritization (Test to Stay)

Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. Cox · Utah (State)

The COVID Project

The record

Jurisdiction
Utah
Level
State
Authority
Statute enacting Utah Code 53G-9-210, 26-6-33 (department support), 53B-16-111
Issued
2021-03-24 Mar. 24, 2021
Effective
2021-03-24
End
Continuing law through the 2021-22 school year (read as 2021-09-30)
In force
Mar. 24, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Schools and child careVaccination or testingQuarantine and isolationOther
Addressees
  • local education agencies and schools
  • students (attendance conditioned on testing at threshold)
  • institutions of higher education (75 percent in-person courses)
  • Department of Health
Functions reached
  • IN in-person attendance conditioned on testing
  • WF parents of students excluded pending negative test
  • RL remote learning option required
  • CP higher-education in-person course quota
Collection
Utah UT

Operative words

53G-9-210. Requirement for in-person instruction -- Test to stay programs. (1)(a) 'Case threshold' means as applicable, the number of students in a school, or [percentage of the student body, that triggers a test to stay program: 2 percent for schools of 1,500 or more students; 30 cases for smaller schools]... [an LEA is required to initiate a test to stay program for the school when the case threshold is reached; students cannot attend in person while a school is in Test to Stay unless the student tests negative; LEAs must provide remote learning options]... 53B-16-111. In-person instruction.... an institution of higher education shall offer... in-person courses that is at least 75% of the number of in-person courses that the institution [offered before the pandemic]

Enforcement

Statutory duty on LEAs; Department of Health testing support (26-6-33); OLRGC summary of Sept. 15, 2021

Notes

Office of Legislative Research and General Counsel, Return to School Update (Sept. 15, 2021): at least two Utah schools had reached the threshold and implemented Test to Stay events by mid-September 2021.

Retrieval note

Bracketed summary of the threshold and attendance provisions from the enrolled text's highlighted provisions and the OLRGC summary; the section text is in the exhibit.