SALT LAKE CITY—A bill that passed both the House and Senate Monday shifts the decision to move to remote learning due to COVID-19 from the schools to the legislature. 

HB183, co-sponsored by Todd Weiler, R-Woods Cross, does away with the “Test to Stay” protocol and requires local school boards to submit a written request to the governor, House Speaker, Senate President and the state superintendent of public instruction if they believe moving to remote learning would outweigh the risks of in person learning.

“It’s important to give the districts some kind of direction,” said Weiler. 

The ‘Test to Stay” protocol is triggered when a school hits a threshold of 2 percent positivity rate among the student body. Those students who test negative can stay in school and those who test positive must stay home. The protocol was meant to prevent school closures. However, with the surge in COVID cases, schools have become overwhelmed and many haven’t had the staff to do the testing.

“I voted in favor of HB183,” said Rep. Steve Handy R-Layton. “Too many kids are getting sick. They can’t keep schools open and there’s not enough test kits.”

Handy said the test to stay bill was passed in the session last year early on. “There was not an understanding of the virus and there was a movement to close schools immediately. It set the parameters to stay in school if cases reached a certain level.”

Davis County Health Department Director Brian Hatch, commissioners and the district were watching every hour to decide whether to close a school and go remote, he said. “It put up some guardrails but it’s ramped up with this new variant. The infection rate has outpaced testing.”

This bill gives the authority to the Speaker, Senate President, governor and superintendent to allow schools to move to remote learning, Handy said. “The virus is in control – we’re not. We’re just puny humans trying to manage that. It can’t be managed by the legislature.”

The legislature also passed SJR3, a resolution to end the mask mandate in Salt Lake and Summit Counties. “Look at the data,” said Senate President Stuart Adams. “Salt Lake has a mandate but has the highest count of any other district. People want their personal liberties. We need to make a decision – people are tired of mandates.”

Adams signed the resolution last week putting it into effect immediately.