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S.B. 156 Enrolled






Sponsor: John L. Valentine

                  This act modifies provisions related to the powers of local school boards by allowing each
                  local board to adopt an emergency response plan for the treatment of sports-related injuries.
                  The act provides for implementation of the emergency response plan in each secondary
                  school that has a sports program.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      53A-3-402, as last amended by Chapter 119, Laws of Utah 2000
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-3-402 is amended to read:
                       53A-3-402. Powers and duties generally.
                      (1) Local school boards shall spend minimum school program funds for programs and
                  activities for which the State Board of Education has established minimum standards or rules
                  under Section 53A-1-402 .
                      (2) (a) A board may purchase, sell, and make improvements on school sites, buildings, and
                  equipment and construct, erect, and furnish school buildings.
                      (b) School sites or buildings may only be conveyed or sold on board resolution affirmed
                  by at least two-thirds of the members.
                      (3) (a) A board may participate in the joint construction or operation of a school attended
                  by children residing within the district and children residing in other districts either within or
                  outside the state.
                      (b) Any agreement for the joint operation or construction of a school shall:
                      (i) be signed by the president of the board of each participating district;
                      (ii) include a mutually agreed upon pro rata cost; and
                      (iii) be filed with the State Board of Education.

                      (4) A board may establish, locate, and maintain elementary, secondary, and [vocational]
                  applied technology schools.
                      (5) A board may enroll children in school who are at least five years of age before September
                  2 of the year in which admission is sought.
                      (6) A board may establish and support school libraries.
                      (7) A board may collect damages for the loss, injury, or destruction of school property.
                      (8) A board may authorize guidance and counseling services for children and their parents
                  or guardians prior to, during, or following enrollment of the children in schools.
                      (9) (a) A board may apply for, receive, and administer funds made available through
                  programs of the federal government.
                      (b) Federal funds are not considered funds within the school district budget under Title 53A,
                  Chapter 19, School District Budgets.
                      (c) Federal funds may only be expended for the purposes for which they are received and are
                  accounted for by the board.
                      (10) (a) A board may organize school safety patrols and adopt rules under which the patrols
                  promote student safety.
                      (b) A student appointed to a safety patrol shall be at least ten years old and have written
                  parental consent for the appointment.
                      (c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of a
                  highway intended for vehicular traffic use.
                      (d) Liability may not attach to a school district, its employees, officers, or agents or to a
                  safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting the
                  program by virtue of the organization, maintenance, or operation of a school safety patrol.
                      (11) (a) A board may on its own behalf, or on behalf of an educational institution for which
                  the board is the direct governing body, accept private grants, loans, gifts, endowments, devises, or
                  bequests that are made for educational purposes.
                      (b) These contributions are not subject to appropriation by the Legislature.
                      (12) (a) A board may appoint and fix the compensation of a compliance officer to issue

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                  citations for violations of Subsection 76-10-105 (2).
                      (b) A person may not be appointed to serve as a compliance officer without the person's
                      (c) A teacher or student may not be appointed as a compliance officer.
                      (13) A board shall adopt bylaws and rules for its own procedures.
                      (14) (a) A board shall make and enforce rules necessary for the control and management of
                  the district schools.
                      (b) All board rules and policies shall be in writing, filed, and referenced for public access.
                      (15) A board may hold school on legal holidays other than Sundays.
                      (16) (a) Each board shall establish for each school year a school traffic safety committee to
                  implement this Subsection (16).
                      (b) The committee shall be composed of one representative of:
                      (i) the schools within the district;
                      (ii) the Parent Teachers' Association of the schools within the district;
                      (iii) the municipality or county;
                      (iv) state or local law enforcement; and
                      (v) state or local traffic safety engineering.
                      (c) The committee shall:
                      (i) receive suggestions from parents, teachers, and others and recommend school traffic
                  safety improvements, boundary changes to enhance safety, and school traffic safety program
                      (ii) review and submit annually to the Department of Transportation and affected
                  municipalities and counties a child access routing plan for each elementary, middle, and junior high
                  school within the district;
                      (iii) consult the Utah Safety Council and the Division of Family Health Services and provide
                  training to all school children in kindergarten through grade six, within the district, on school
                  crossing safety and use; and
                      (iv) help ensure the district's compliance with rules made by the Department of

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                  Transportation under Section 41-6-20.1 .
                      (d) The committee may establish subcommittees as needed to assist in accomplishing its
                  duties under Subsection (16)(c).
                      (e) The board shall require each elementary, middle, and junior high school within the
                  district to develop and submit annually to the committee a child access routing plan.
                      (17) (a) Each school board shall adopt and implement a comprehensive emergency response
                  plan to prevent and combat violence in its public schools, on school grounds, on its school vehicles,
                  and in connection with school-related activities or events.
                      (b) The board shall implement its plan by July 1, 2000.
                      (c) The plan shall:
                      (i) include prevention, intervention, and response components;
                      (ii) be consistent with the student conduct and discipline polices required for school districts
                  under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
                      (iii) require inservice training for all district and school building staff on what their roles are
                  in the emergency response plan; and
                      (iv) provide for coordination with local law enforcement and other public safety
                  representatives in preventing, intervening, and responding to violence in the areas and activities
                  referred to in Subsection (17)(a).
                      (d) The State Board of Education, through the state superintendent of public instruction,
                  shall develop comprehensive emergency response plan models that local school boards may use,
                  where appropriate, to comply with Subsection (17)(a).
                      (e) Each local school board shall, by July 1 of each year, certify to the State Board of
                  Education that its plan has been practiced at the school level and presented to and reviewed by its
                  teachers, administrators, students, and their parents and local law enforcement and public safety
                      (18) (a) Each local school board may adopt an emergency response plan for the treatment
                  of sports-related injuries that occur during school sports practices and events.
                      (b) The plan may be implemented by each secondary school in the district that has a sports

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                  program for students.
                      (c) The plan may:
                      (i) include emergency personnel, emergency communication, and emergency equipment
                      (ii) require inservice training on the emergency response plan for school personnel who are
                  involved in sports programs in the district's secondary schools; and
                      (iii) provide for coordination with individuals and agency representatives who:
                      (A) are not employees of the school district; and
                      (B) would be involved in providing emergency services to students injured while
                  participating in sports events.
                      (d) The board, in collaboration with the schools referred to in Subsection (18)(b), may
                  review the plan each year and make revisions when required to improve or enhance the plan.
                      (e) The State Board of Education, through the state superintendent of public instruction, shall
                  provide local school boards with an emergency plan response model that local boards may use to
                  comply with the requirements of this Subsection (18).
                      [(18)] (19) A board shall do all other things necessary for the maintenance, prosperity, and
                  success of the schools and the promotion of education.

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