Waivers of participation

(1) As used in this section: (a) "School" means a public school. (b) "Student" means a public school student in kindergarten through grade 12. (2) (a) In accordance with Utah Constitution, Article I, Section 4, a student may refrain from participation in any aspect of school that violates a religious belief or right of conscience of the student. (b) A school may not, in any aspect of school: (i) require or incentivize a student to affirm or deny the student's or the student's parent's religious belief or right of conscience; (ii) engage a student in a practice that violates or is contrary to the student's or the student's parent's religious belief or right of conscience; or (iii) penalize or discriminate against a student for refraining from participation due to the student's or the student's parent's religious belief or right of conscience. (3) When a student refrains from participating in any aspect of school that violates the student's or the student's parent's religious belief or right of conscience, the school: (a) shall promptly notify the student's parent; (b) may offer an alternative that does not violate the student's or the student's parent's religious belief or right of conscience; and (c) may not require the student or the student's parent to explain, defend, or justify the student's or the student's parent's religious belief or right of conscience. (4) A student's parent may waive the student's participation in any aspect of school that violates the student's or the student's parent's religious belief or right of conscience. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules consistent with this section.