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S.B. 156

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House Floor Amendments 3-6-2002 kj/jlw




Sponsor: John L. Valentine

             6      This act modifies provisions related to the powers of local school boards by h [ requiring ]
             6a      allowing h each
             7      local board to adopt an emergency response plan for the treatment of sports-related injuries.
             8      The act provides for implementation of the emergency response plan in each secondary
             9      school that has a sports program.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          53A-3-402, as last amended by Chapter 119, Laws of Utah 2000
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 53A-3-402 is amended to read:
             15           53A-3-402. Powers and duties generally.
             16          (1) Local school boards shall spend minimum school program funds for programs and
             17      activities for which the State Board of Education has established minimum standards or rules
             18      under Section 53A-1-402 .
             19          (2) (a) A board may purchase, sell, and make improvements on school sites, buildings, and
             20      equipment and construct, erect, and furnish school buildings.
             21          (b) School sites or buildings may only be conveyed or sold on board resolution affirmed
             22      by at least two-thirds of the members.
             23          (3) (a) A board may participate in the joint construction or operation of a school attended
             24      by children residing within the district and children residing in other districts either within or
             25      outside the state.
             26          (b) Any agreement for the joint operation or construction of a school shall:
             27          (i) be signed by the president of the board of each participating district;

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         (ii) include a mutually agreed upon pro rata cost; and
             29          (iii) be filed with the State Board of Education.
             30          (4) A board may establish, locate, and maintain elementary, secondary, and [vocational]
             31      applied technology schools.
             32          (5) A board may enroll children in school who are at least five years of age before
             33      September 2 of the year in which admission is sought.
             34          (6) A board may establish and support school libraries.
             35          (7) A board may collect damages for the loss, injury, or destruction of school property.
             36          (8) A board may authorize guidance and counseling services for children and their parents
             37      or guardians prior to, during, or following enrollment of the children in schools.
             38          (9) (a) A board may apply for, receive, and administer funds made available through
             39      programs of the federal government.
             40          (b) Federal funds are not considered funds within the school district budget under Title
             41      53A, Chapter 19, School District Budgets.
             42          (c) Federal funds may only be expended for the purposes for which they are received and
             43      are accounted for by the board.
             44          (10) (a) A board may organize school safety patrols and adopt rules under which the
             45      patrols promote student safety.
             46          (b) A student appointed to a safety patrol shall be at least ten years old and have written
             47      parental consent for the appointment.
             48          (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of
             49      a highway intended for vehicular traffic use.
             50          (d) Liability may not attach to a school district, its employees, officers, or agents or to a
             51      safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting the
             52      program by virtue of the organization, maintenance, or operation of a school safety patrol.
             53          (11) (a) A board may on its own behalf, or on behalf of an educational institution for which
             54      the board is the direct governing body, accept private grants, loans, gifts, endowments, devises,
             55      or bequests that are made for educational purposes.
             56          (b) These contributions are not subject to appropriation by the Legislature.
             57          (12) (a) A board may appoint and fix the compensation of a compliance officer to issue
             58      citations for violations of Subsection 76-10-105 (2).

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         (b) A person may not be appointed to serve as a compliance officer without the person's
             60      consent.
             61          (c) A teacher or student may not be appointed as a compliance officer.
             62          (13) A board shall adopt bylaws and rules for its own procedures.
             63          (14) (a) A board shall make and enforce rules necessary for the control and management
             64      of the district schools.
             65          (b) All board rules and policies shall be in writing, filed, and referenced for public access.
             66          (15) A board may hold school on legal holidays other than Sundays.
             67          (16) (a) Each board shall establish for each school year a school traffic safety committee
             68      to implement this Subsection (16).
             69          (b) The committee shall be composed of one representative of:
             70          (i) the schools within the district;
             71          (ii) the Parent Teachers' Association of the schools within the district;
             72          (iii) the municipality or county;
             73          (iv) state or local law enforcement; and
             74          (v) state or local traffic safety engineering.
             75          (c) The committee shall:
             76          (i) receive suggestions from parents, teachers, and others and recommend school traffic
             77      safety improvements, boundary changes to enhance safety, and school traffic safety program
             78      measures;
             79          (ii) review and submit annually to the Department of Transportation and affected
             80      municipalities and counties a child access routing plan for each elementary, middle, and junior
             81      high school within the district;
             82          (iii) consult the Utah Safety Council and the Division of Family Health Services and
             83      provide training to all school children in kindergarten through grade six, within the district, on
             84      school crossing safety and use; and
             85          (iv) help ensure the district's compliance with rules made by the Department of
             86      Transportation under Section 41-6-20.1 .
             87          (d) The committee may establish subcommittees as needed to assist in accomplishing its
             88      duties under Subsection (16)(c).
             89          (e) The board shall require each elementary, middle, and junior high school within the

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House Floor Amendments 3-6-2002 kj/jlw
     district to develop and submit annually to the committee a child access routing plan.
             91          (17) (a) Each school board shall adopt and implement a comprehensive emergency
             92      response plan to prevent and combat violence in its public schools, on school grounds, on its
             93      school vehicles, and in connection with school-related activities or events.
             94          (b) The board shall implement its plan by July 1, 2000.
             95          (c) The plan shall:
             96          (i) include prevention, intervention, and response components;
             97          (ii) be consistent with the student conduct and discipline polices required for school
             98      districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
             99          (iii) require inservice training for all district and school building staff on what their roles
             100      are in the emergency response plan; and
             101          (iv) provide for coordination with local law enforcement and other public safety
             102      representatives in preventing, intervening, and responding to violence in the areas and activities
             103      referred to in Subsection (17)(a).
             104          (d) The State Board of Education, through the state superintendent of public instruction,
             105      shall develop comprehensive emergency response plan models that local school boards may use,
             106      where appropriate, to comply with Subsection (17)(a).
             107          (e) Each local school board shall, by July 1 of each year, certify to the State Board of
             108      Education that its plan has been practiced at the school level and presented to and reviewed by its
             109      teachers, administrators, students, and their parents and local law enforcement and public safety
             110      representatives.
             111          (18) (a) Each local school board h [ shall ] MAY h adopt an emergency response plan for the
             111a      treatment
             112      of sports-related injuries that occur during school sports practices and events.
             113          (b) The plan h [ shall ] MAY h be implemented by each secondary school in the district that
             113a      has a sports
             114      program for students.
             115          (c) The plan h [ shall ] MAY h :
             116          (i) include emergency personnel, emergency communication, and emergency equipment
             117      components;
             118          (ii) require inservice training on the emergency response plan for school personnel who
             119      are involved in sports programs in the district's secondary schools; and
             120          (iii) provide for coordination with individuals and agency representatives who:

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House Floor Amendments 3-6-2002 kj/jlw
         (A) are not employees of the school district; and
             122          (B) would be involved in providing emergency services to students injured while
             123      participating in sports events.
             124          (d) The board, in collaboration with the schools referred to in Subsection (18)(b), h [ shall ]
             124a      MAY h
             125      review the plan each year and make revisions when required to improve or enhance the plan.
             126          (e) The State Board of Education, through the state superintendent of public instruction,
             127      shall provide local school boards with an emergency plan response model that local boards may
             128      use to comply with the requirements of this Subsection (18).
             129          [(18)] (19) A board shall do all other things necessary for the maintenance, prosperity, and
             130      success of the schools and the promotion of education.

Legislative Review Note
    as of 1-30-02 10:43 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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