The Utah State Board of Education declined to add a proposed new legislative request that would explicitly allow parents and local education agencies to opt students out of computer-adaptive or LEA-requested assessments that are not state- or federally-mandated.

Member Boggess and several other board members urged the board to forward a code-change request to the Legislature clarifying that parental opt-out rights apply to LEA-administered computer-adaptive tests. They argued anecdotal reports show some districts have not honored opt-outs and that a statutory clarification would protect parental rights.

Opponents said the board's existing code already provides three pathways for families to refrain from particular assessments: the statutory provisions for federally or state-mandated assessments, a separate right-of-conscience waiver under Utah law, and existing waivers related to state-supplied assessment systems. Assistant attorneys general on the call confirmed that existing statute and rule already cover many of the situations cited by proponents. Board members also argued the proposed change risked adding complexity to a process parents can currently use.

After extended debate and a committee-style reconsideration hearing, the board voted not to forward the draft legislative language to the Legislature. The final roll-call vote on the motion to request staff work with the Legislature to add opt-out language (subsection 53G-6-8039(a) as drafted in the meeting) failed 11' 4; those voting to move the proposal forward included Member Boggess and others, while opponents included Member Kelly, Member Booth and Member Bridal (names taken from the public roll call).

What it means: Board members who argued for the measure said they will continue to work on clarifying wording and on parent education about existing opt-out pathways. Members opposed said staff resources are better spent supporting districts and clarifying application of existing code rather than seeking a new legislative carve-out.