UT Code § 53G-9-210 (2021)
2021 Utah Code|Title 53G - Public Education System -- Local Administration|Chapter 9 - Health and Welfare|Part 2 - Miscellaneous Requirements|Section 210 - Requirement for in-person instruction -- Test to stay programs -- Face coverings.

 Effective 5/28/2021  53G-9-210. Requirement for in-person instruction -- Test to stay programs -- Face coverings.    (1) As used in this section:   (a) "Case threshold" means as applicable, the number of students in a school, or percentage of students in a school who meet the conditions described in Subsection (3).     (b) "COVID-19" means:   (i) severe acute respiratory syndrome coronavirus 2; or     (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.       (c) "Extracurricular activity" means the same as that term is defined in Section 53G-7-501.     (d) "Face covering" means a mask, shield, or other device that is intended to be worn in a manner to cover the mouth, nose, or face to prevent the spread of COVID-19.     (e) "In-person instruction" means instruction offered by a school that allows a student to choose to attend school in-person at least four days per week if the student:   (i) is enrolled in a school that is not implementing a test to stay program; or     (ii)   (A) is enrolled in a school that is implementing a test to stay program; and     (B) meets the test to stay program's criteria for attending school in person.         (f) "Local Education Agency" or LEA means:   (i) a school district;     (ii) a charter school, other than an online-only charter school; or     (iii) the Utah Schools for the Deaf and the Blind.       (g) "School" means a school other than an online-only charter school or an online-only public school.     (h) "Test to stay program" means a program through which an LEA provides testing for COVID-19 for students during an outbreak of COVID-19 at a school in order to:   (i) identify cases of COVID-19; and     (ii) allow individuals who test negative for COVID-19 to attend school in person.         (2)   (a) An LEA shall:   (i) except as provided in Subsection (2)(b), beginning on March 22, 2021, ensure that a school offers in-person instruction; and     (ii) require a school that reaches the case threshold to:   (A) fulfill the requirement described in Subsection (2)(a)(i) by initiating a test to stay program for the school; and     (B) provide a remote learning option for students who do not wish to attend in person.         (b) The requirement to provide in-person instruction described in Subsection (2)(a) does not apply for a temporary period if the governor, the president of the Senate, the speaker of the House of Representatives, and the state superintendent of public instruction jointly concur with an LEA's assessment that due to public health emergency circumstances, the risks related to in-person instruction temporarily outweigh the value of in-person instruction.       (3)   (a) For purposes of determining whether a school has reached the school's case threshold, a student is included in positive cases for the school if the student:   (i) within the preceding 14 days:   (A) attended at least some in-person instruction at the school; and     (B) tested positive for COVID-19; and       (ii) did not receive the student's positive COVID-19 test results through regular periodic testing required to participate in LEA-sponsored athletics or another LEA-sponsored extracurricular activity.       (b)   (i) A school with 1,500 or more students meets the case threshold if at least 2% of the school's students meet the conditions described in Subsection (3)(a).     (ii) A school with fewer than 1,500 students meets the case threshold if 30 or more of the school's students meet the conditions described in Subsection (3)(a).         (4)   (a) An LEA may not test a student for COVID-19 who is younger than 18 years old without the consent of the student's parent.     (b) An LEA may seek advance consent from a student's parent for future testing for COVID-19.       (5) An LEA, an LEA governing board, the state board, the state superintendent, or a school may not require an individual to wear a face covering to attend or participate in in-person instruction, LEA-sponsored athletics, or another LEA-sponsored extracurricular activity, or in any other place on the campus of a school or school facility after the end of the 2020-2021 school year.    Amended by Chapter 7, 2021 Special Session 1