NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Higher Education (Utah Board of), Administration
Utah Board of Higher Education Building, The Gateway
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R765-264. Student Belief Accommodations
B. Purpose of the new rule or reason for the change:
This filing amends Rule R765-264 based on revisions passed by the Utah Board of Higher Education (UBHE).
Those revisions include an updated rule title and additional language related to the minimum requirements for institutional policies that govern the provision of accommodations to students for their religious or conscience beliefs.
Most significantly, the rule provides guidance to institutions of higher education for the creation and administration of policies and procedures relating to reasonable accommodations for students' religious or conscience beliefs and their participation in an organized activity conducted under the auspices of their religious tradition or religious organization as required by HB 204, passed in the 2026 General Session.
C. Summary of the new rule or change:
The amendments to Rule R765-264 make changes to the language of this rule, including to the title and definitions.
Additionally, the amendments establish requirements intended to ensure the protection of students' sincerely held religious or conscience beliefs and provide minimum requirements for Utah System of Higher Education (USHE) institution policies related to reasonable accommodations for religious or conscience beliefs.
The changes made to Rule R765-264 comply with the requirements of HB 204 (2026).
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
HB 204 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The amendments to Rule R765-264 will not have any fiscal impact on the state budget.
There is no fiscal impact on the state budget because this rule provides procedures for granting reasonable accommodations to students at USHE institutions for their sincerely held religious or conscience beliefs.
The changes made to the provisions of this rule do not create any cost to or any savings for the state budget.
Furthermore, no appropriations or fees are required to implement this rule. As such, the changes made to this rule have no impact on the state budget.
The amendments to Rule R765-264 will not have any fiscal impact on local governments.
There is no fiscal impact on local governments because this rule provides procedures for granting reasonable accommodations to students at USHE institutions for their sincerely held religious or conscience beliefs.
The changes made to the provisions of this rule do not create any cost to or any savings for local governments.
Furthermore, no appropriations or fees are required to implement this rule. As such, the changes made to this rule have no impact on local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
The amendments to Rule R765-264 will not have any fiscal impact on small businesses.
There is no fiscal impact on small businesses because this rule provides procedures for granting reasonable accommodations to students at USHE institutions for their sincerely held religious or conscience beliefs.
The changes made to the provisions of this rule do not create any cost to or any savings for small businesses.
Furthermore, no appropriations or fees are required to implement this rule. As such, the changes made to this rule have no impact on small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The amendments to Rule R765-264 will not have any fiscal impact on non-small businesses.
There is no fiscal impact on non-small businesses because this rule provides procedures for granting reasonable accommodations to students at USHE institutions for their sincerely held religious or conscience beliefs.
The changes made to the provisions of this rule do not create any cost to or any savings for non-small businesses.
Furthermore, no appropriations or fees are required to implement this rule. As such, the changes made to this rule have no impact on non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The amendments to Rule R765-264 will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.
There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because this rule provides procedures for granting reasonable accommodations to students at USHE institutions for their sincerely held religious or conscience beliefs.
The changes made to the provisions of this rule do not create any cost to or any savings for persons other than small businesses, non-small businesses, state, or local government entities.
Furthermore, no appropriations or fees are required to implement this rule. As such, the changes made to this rule have no impact on persons other than small businesses, non-small businesses, state, or local government entities.
F. Compliance costs for affected persons:
The amendments to Rule R765-264 will not impose any compliance costs on affected persons.
There are no compliance costs because this rule creates procedures for providing reasonable accommodations to students at USHE institutions for their sincerely held religious or conscience beliefs and the changes made to the provisions of this rule do not create any such compliance costs.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Utah System of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
10. Incorporation by Reference Information Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables): A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Policy 153, Belief Accommodations
B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Policy 127, Religious Accommodations
Uinta Basin Technical College
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Alison Adams, Board Secretary and
Designee
R765. Higher Education (Utah Board of), Administration.
R765-264. Student [Religious]Belief Accommodations. R765-264-1. Purpose.
This rule establishes requirements to ensure the protection of students' sincerely held religious or conscience beliefs, provides minimum requirements for Utah System of Higher Education (USHE) institution policies, and outlines the Commissioner of Higher Education's responsibilities for creating and distributing a list of religious holidays to [Utah System of Higher Education]USHE institutions. R765-264-2. Authority.Section 53H-7-903 authorizes this rule.
R765-264-3. Definitions.
(1) "Conscience" means the same as that term is defined in Section 67-27-106. (2) "Fundamental alteration" means a change so significant in an examination or assignment that the change: (a) alters the essential nature, objectives, or standards of a class, program, or degree; and (b) negatively impacts the student's ability to: (i) master essential learning outcomes of the course, program, or degree; or (ii) acquire the knowledge, skills, or competencies necessary to pass the course, program, or degree. (3) "Reasonably accommodate" means taking reasonable steps to modify expectations for a student's participation in an examination or other academic requirement by excusing participation, offering an alternative deadline or schedule, or offering an alternative examination or assignment. (4) "Institution" means an institution of higher education under Subsections 53H-1-102(1)(a) through (b). R765-264-4. USHE Institution Policy Requirement. USHE institutions shall report policies to the Utah Board of Higher Education (Board) no later than December 1, 2026 in compliance with Section 53H-7-903 and this rule to ensure the protection of students' sincerely held religious or conscience beliefs. R765-264-5. Institutional Policy Minimum Requirements. (1) In accordance with Section 53H-7-903 and this rule, USHE institution policies or procedures shall: (a) For any course, reasonably accommodate a student's absence from an examination or other academic requirements for reasons of the student's religious or conscience belief or the student's participation in an organized activity conducted under the auspices of the student's religious tradition or religious organization; (b) For a course that the institution mandates for graduation or for an academic major, reasonably accommodate a student's objection to a required examination or assignment by offering an alternative examination or assignment for reasons of the student's sincerely held religious or conscience belief if the requested accommodation does not create a fundamental alteration; (c) Designate a point of contact for information about an accommodation as described under this rule; (d) Designate neutral arbiters and describe the process for the neutral evaluation of a denial of a religious or conscience belief accommodation; and (e) Be published on the institution's website. (2) In addition to all requirements in Section 53H-7-903, USHE institution policies or procedures shall comply with the following minimum requirements to provide parameters for a requested accommodation and guidance for protecting a student's sincerely held religious or conscience beliefs: (a) A student shall provide written notice to the instructor of the course for which the student is seeking an accommodation that identifies the requested accommodation based on the student's sincerely held religious or conscience belief. (b) To ensure proper record keeping, an institution may require students to complete a religious or conscience belief accommodation request form provided by the institution. (c) To help facilitate the accommodation process, instructors are encouraged to include detailed information about course deadlines and requirements in their syllabus. (d) A student requesting a religious or conscience belief accommodation must notify the instructor in advance. Requests should be made as early as possible, and generally, absent good cause, no later than 30 days before the accommodation is needed. The instructor may deny a student's accommodation request if sufficient notice is not provided and no good cause exists. (e) The instructor shall respond to a student's request for an accommodation within a reasonable time based on the facts and circumstances but no later than five business days from the date of receiving the written accommodation request. (f) The instructor will determine whether they can implement the requested accommodation without creating a fundamental alteration to the course. The instructor may explore other possible reasonable accommodations to address the student's religious or conscience belief. When more than one accommodation is feasible, the instructor may select any of the feasible accommodations, provided the accommodation will effectively eliminate the conflict with the student's sincerely held religious or conscience belief. (g) Institutions must establish an interactive process between the student and instructor to assess whether a requested accommodation is a reasonable accommodation and can be provided or whether the accommodation creates a fundamental alteration to the course. The instructor and student are expected to participate in the interactive process. (i) USHE institution employees engaging in the interactive process will be offered training annually on legal and policy requirements for this process. (h) If an instructor denies the student's request for an accommodation, the instructor shall inform the student in writing and provide information about next steps in the process, the institutional policies governing religious and conscience belief accommodations, and the contact information for the designated neutral arbiter. (i) An instructor who denies a student's accommodation shall notify a designated point of contact at the institution about the denial within a reasonable time but no longer than five business days after the denial and provide a written explanation of why the instructor denied the request. (j) An instructor who receives a written request for an accommodation shall keep the student's request confidential unless disclosure is permitted by law. (k) The institution shall provide a process for students to appeal an accommodation request denial to a designated neutral arbiter. The institution's designated neutral arbiter shall have the academic and subject matter expertise to review a denial of an accommodation and determine whether the requested accommodation constitutes a fundamental alteration. (l) The neutral arbiter must issue a decision to the student and instructor within a reasonable time but no longer than within five business days after receipt of the appeal. (m) A reasonable accommodation allowing a student to be absent from an exam or other academic requirement to accommodate the student's sincerely held religious or conscience belief may not adversely impact a student's academic opportunities. (n) The institutional policy must prohibit retaliation against a student for requesting an accommodation based on the student's religious or conscience belief.(o) The institutional policy shall include information about how to file a complaint if a student believes they have experienced retaliation, harassment, or discrimination based on the student's religious or conscience belief. (p) The institution shall address any failure to comply with Section 53H-7-903 and this rule. The Board may provide additional guidance to USHE institutions. USHE institutions shall submit an annual report to the Board no later than December 1 of each year that details, for the previous academic year, any neutral arbiter decisions. R765-264-8. Religious Holidays. By [December 1, 2023 and ]July 1 every year, the Utah Commissioner of Higher Education shall distribute to each institution a list of the dates of religious holidays for the subsequent two years. A student may seek, and an institution may grant, a religious accommodation for a holiday that is not on the list. R765-264-9. Incorporation of Institution Policies. The following institutions have adopted policies that are incorporated by reference within this rule: (1) Utah Valley University's Policy 153, Belief Accommodations, May 11, 2026; (2) Uintah Basin Technical College's Policy 127, Religious Accommodations, May 20, 2026. KEY: Utah Board of Higher Education, Student Religious Accommodations
Date of Last Change: [March 15, ]2026 Authorizing, and Implemented or Interpreted Law: 53H-7-903
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