The Utah State Board of Education revised its “educational equity” rules at its Feb. 1 meeting to bring them in line with the state's new anti-DEI law. But it was already in jeopardy before the law was passed.
Some criticized the move as violating a state law passed in 2023. Then, on Jan. 11, the board voted 8-7 to keep the rules in place, but indicated changes could be made.
The original rules defined educational equity as “recognizing the ability of all students to learn and the distribution of resources to provide equal opportunities based on each student's needs.” Equitable resources include funding, programs, policies, initiatives, and supports that recognize each student's unique background and school environment and ensure that all students receive a quality education. ”
The rule is now called “Equal Educational Opportunity,” to match the language of the new law, which was previously called the “Equal Opportunity Initiative.”
The phrase “educational equity” has been completely removed. The new focus is defined as “recognizing that all students are capable of learning and may require additional instruction, resources, and support based on their academic needs.”
During the board's more than seven hours of discussion on the rule, board member Cindy Davis said, “Ultimately, this is a training rule,” referring to training for educators.
Instead of instructing educators on “fostering a learning environment and workplace that is safe and respectful for all students and educators,” as was in the original rule, future training will now focus on “learning environments that are safe and conducive to learning.” The focus is now on creating. The process is streamlined and uninterrupted. ”
The original rules also required educators to receive training in “implementing inclusion principles and strategies that concern students and educators of diverse abilities and backgrounds.” With this update, this section focuses only on students with disabilities.
And instead of promoting “diversity of viewpoints,” educators should be taught how to “promote consideration of different perspectives on a topic in a fair and politically neutral manner.”
The list of things that educators cannot teach in professional training has been expanded. This content currently matches the state's anti-DEI law's list of “prohibited discriminatory practices.” This includes any training that has diversity, equity, and inclusion in its name.
Like the law, the updated rules say schools and districts can have offices and employees to provide support, guidance and resources to students, as long as they serve all students.
Darlene McDonald, a community activist and director of the 1Utah Project, was a vocal supporter of the original rules. Although he is open to the changes, he said in a statement that the revised version is “no longer a rule worth defending.”
McDonald said the original version provided students, educators and schools with “the tools they need to address emerging social issues.” The new law is “merely a copy and paste” of the state's new law and deviates from the original intent of the regulations. She said the board should rename the rule, “Administrative Regulation R277-328 Culture Wars in Schools, to reflect its actual content.”
In an interview with KUER, McDonald said the decision felt like a “fist pump.” Clarity is reduced. McDonald read the sentiment in the deleted content. It includes a passage that requires teachers to be trained in “seeing the good in all people, including themselves, recognizing and respecting differences, and showing due regard for feelings, rights, cultures, and traditions.” It was included.
She was hopeful about any possible changes after the board voted in January to keep the rules in place. But what the board has created is brand new rules that nullify all the work that went into creating the original in 2021.
The vote for adoption of the revised version was 10-4. Board members Emily Green, Christina Boggess, Joseph Kelly and Natalie Klein opposed it.
Given the length of the board's meeting that day, Mr. Boggess proposed deferring the final changes until the next day's meeting. But some didn't want to leave it as unfinished business. Kelly also said he wants to put a stop to the situation, as a new anti-DEI law was just passed and higher education in the state is still figuring out what the law means for them. Ta.
“If we have an implicit reason, we're moving like a barn on fire. I don't understand it,” Kelly said.
Lawmakers had proposed a bill that would reauthorize all state agency regulations except the State Board of Education's educational equity regulations. The bill was passed the day before the board meeting. State law allows the public to weigh in on the revised rules next month.

