53G-2-105. Prohibited discriminatory practices -- Restrictions -- Reporting.
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Effective 7/1/2026
53G-2-105. Prohibited discriminatory practices -- Restrictions -- Reporting.
(1)As used in this section, "prohibited discriminatory practice" means the same as that term is defined in Section 53H-1-504 .
(2)An LEA may not:
(a)engage in a prohibited discriminatory practice;
(b)establish or maintain an office, division, employment position, or other unit of an institution established to implement, develop, plan, or promote campus policies, procedures, practices, programs, or initiatives, regarding a prohibited discriminatory practice; or
(c)employ or assign an employee or a third-party whose duties include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to a prohibited discriminatory practice.
(3)An LEA shall ensure that all students have access to programs providing student success and support without excluding individuals on the basis of an individual's personal identity characteristic, as that term is defined in Section 53H-1-504 .
(4)Nothing in this section limits or prohibits an LEA's authority to establish policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment.
(5)If the state board identifies a reported violation of this section, the state board shall include information regarding the violation in the report described in Section 53E-3-1101 .
(6)An individual may bring a violation of this section to the state board in accordance with the process described in Section 53E-3-401 .
Amended by Chapter 438 , 2026 General Session