S.B. 74

This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 3, 2009 at 12:52 PM by rday. --> 1

AT-RISK STUDENT PROVISIONS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Luz Robles
5 House Sponsor: Sheryl L. Allen
6
7 LONG TITLE
8 General Description:
9 This bill modifies the State System of Public Education code relating to at-risk
10 students.
11 Highlighted Provisions:
12 This bill:
13 . requires a local school board or governing board of a charter school to enact certain
14 gang prevention and intervention policies; and
15 . makes technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-11-902, as last amended by Laws of Utah 2007, Chapter 161
23 ENACTS:
24 53A-15-603, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-11-902 is amended to read:

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53A-11-902. Conduct and discipline policies and procedures.
29 The conduct and discipline policies required under Section 53A-11-901 shall include:
30 (1) provisions governing student conduct, safety, and welfare;
31 (2) standards and procedures for dealing with students who cause disruption in the
32 classroom, on school grounds, on school vehicles, or in connection with school-related
33 activities or events;
34 (3) procedures for the development of remedial discipline plans for students who cause
35 a disruption at any of the places referred to in Subsection (2);
36 (4) procedures for the use of reasonable and necessary physical restraint or force in
37 dealing with disruptive students, consistent with Section 53A-11-802 ;
38 (5) standards and procedures for dealing with student conduct in locations other than
39 those referred to in Subsection (2), if the conduct threatens harm or does harm to:
40 (a) the school;
41 (b) school property;
42 (c) a person associated with the school; or
43 (d) property associated with a person described in Subsection (5)(c);
44 (6) procedures for the imposition of disciplinary sanctions, including suspension and
45 expulsion;
46 (7) specific provisions for preventing and responding to gang-related activities in the
47 school, on school grounds, on school vehicles, or in connection with school-related activities or
48 events, including implementing the provisions of Sections 53A-15-601 and 53A-15-603 ; and
49 (8) standards and procedures for dealing with habitual disruptive student behavior in
50 accordance with the provisions of this part.
51 Section 2. Section 53A-15-603 is enacted to read:
52 53A-15-603. Gang prevention and intervention policies.
53 (1) In addition to S. [ participation ] the individual schools that participate .S in the
53a gang prevention and intervention program
54 established under Section 53A-15-601 for at-risk students, a local school board or governing
55 board of a charter school shall enact policies to ensure the following S. at all public schools .S :
56 (a) school faculty and personnel shall report suspected gang activities relating to the
57 school and its students to a school administrator and law enforcement;
58 (b) a student who participates in gang activities S. [ shall ] may .S be excluded from
58a participation in

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extracurricular activities, including interscholastic athletics, as determined by school
60 administration after consultation with law enforcement;
61 (c) gang-related graffiti or damage to school property shall result in parent or guardian
62 notification and appropriate administrative and law enforcement actions, S. [ including ] which may
62a include .S obtaining
63 restitution from those responsible for the damage;
64 (d) if a serious gang-related incident S. , as determined by the school administrator in
64a consultation with local law enforcement, .S occurs on school property, at school related
65 activities, or on a site that is normally considered to be under school control, notification shall
66 be provided to parents and guardians of students in the school:
67 (i) informing them, in general terms, about the incident S. , but removing all personally
67a identifiable information about students from the notice .S ;
68 (ii) emphasizing the school's concern for safety; and
69 (iii) outlining the action taken at the school regarding the incident;
70 (e) school faculty and personnel shall be trained by community gang specialists and
71 law enforcement as part of comprehensive strategies to recognize early warning signs for youth
72 in trouble and help students resist serious involvement in undesirable activity, including joining
73 gangs or mimicking gang behavior;
74 (f) prohibitions on the following behavior:
75 (i) advocating or promoting a gang or any gang-related activities;
76 (ii) marking school property, books, or school work with gang names, slogans, or
77 signs;
78 (iii) conducting gang initiations;
79 (iv) threatening another person with bodily injury or inflicting bodily injury on another
80 in connection with a gang or gang-related activity;
81 (v) aiding or abetting an activity described under Subsections (1)(f)(i) through (iv) by a
82 person's presence or support;
83 (vi) displaying or wearing common gang apparel, common dress, or identifying signs
84 or symbols on one's clothing, person, or personal property that is disruptive to the school
85 environment; and
86 (vii) communicating in any method, including verbal, non-verbal, and electronic
87 means, designed to convey gang membership or affiliation.
88 (2) A local school board or governing board of a charter school shall publicize the

89 policies described under Subsection (1) to all students, parents and guardians, and faculty

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through school websites, handbooks, letters to parents and guardians, S. [ and ] or .S other
90a reasonable
91 means of communication.
92 (3) A local school board, governing board of a charter school, and a public school shall
93 consult with appropriate committees, including committees that provide opportunities for the
94 input of parents, law enforcement, and community agencies, as it enacts and administers the
95 policies described under Subsection (1).

Legislative Review Note
as of 2-11-09 11:42 AM

Office of Legislative Research and General Counsel