HB77: Flag Display Amendments went into effect today, creating new legal requirements around what flags can be displayed at schools and on government property. This controversial law may directly impact your classroom and workplace.
UEA’s General Counsel, Tracey M. Watson, performed a limited review of HB77 and (R277-217-2(25)), and provided the following key guidance:
- HB77 (now 63G-1-704) focus is limited to flags. It defines what is considered a flag and limits which ones can be displayed. You can read the law here.
- Existing collateral educator regulations, such as, R277-217-2(25) remain in effect. This regulation was passed prior to 63G-1-704 and appears intended to address a different set of concerns. This regulation prohibits educators from using their position to actively endorse, promote, or disparage particular beliefs and viewpoints: partisan, religious, denominational, sectarian, agnostic, or atheistic. You can review the regulation here.
- It is recommended that you be familiar with all requirements and prohibitions included in R277-217-1 and 2.
What this means for you:
- Items that create a welcoming environment, like inclusive classroom decorations, are not prohibited by HB77 as long as they are not flags or otherwise disallowed by your local school board policies.
- Flags are now strictly regulated. Only those allowed under HB77, such as the U.S. flag, Utah state flag, and others listed in the law, may be displayed.
- Always follow your district’s policies and specific directives, which may have additional restrictions.
Important:
- If your administration instructs you to remove a flag or display, you must comply while working through appropriate channels to challenge the directive if appropriate and necessary.
- Even if you believe an item is legal, failure to follow directives can result in allegations of insubordination and can expose you to discipline.
- While we know many of you are deeply committed to creating safe and welcoming spaces for all students, we encourage you to focus on personal conduct and professional relationships in the classroom rather than on symbols that may draw complaints or lead to disruption.
“My advice would be to consider your conduct and make it welcoming and professional for all your students. Don’t place the focus on the sign or the symbol,” UEA General Counsel Tracey M. Watson said.
We recommend:
- Engaging in open conversations with your principals and administrators.
- Staying informed of any changes in district policies or state regulations.
- Contacting your UniServ Director if you have questions or face concerns about compliance.
We understand this law raises strong feelings, and we are here to support you as you navigate it.
Legal fine print (because we have to say it):
This guidance is based exclusively on HB77 and Utah Administrative Rule R277-217-2(25). It is limited in scope and does not address any other statutes, regulations, or policies that may apply.
