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S.J.R. 27

             1     

BULLYING AND CYBER BULLYING STANDARDS FOR

             2     
SCHOOL DISTRICTS JOINT RESOLUTION

             3     
2011 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Ralph Okerlund

             6     
House Sponsor: ____________

             7     
             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature expresses support for Utah school districts and
             11      charter schools to implement protections against bullying, cyber bullying, and other
             12      physical or emotional harm.
             13      Highlighted Provisions:
             14          This resolution:
             15          .    commends the Utah State Office of Education, Utah school districts, and charter
             16      schools for their efforts to promulgate administrative rules, policies, and procedures
             17      that protect against bullying, cyber bullying, and related physical or emotional harm;
             18          .    urges local districts and charter schools to adopt and implement local policies
             19      ensuring, at a minimum, that those prohibitions of abuse or neglect contained in the
             20      Juvenile Court Act that parents are required to fulfill secular duties as to their
             21      children are observed by student peers, school personnel, and parents on a daily
             22      basis;
             23          .    urges the Utah State Board of Education, boards of school districts, and governing
             24      boards of charter schools as they plan for safe and effective schools to encourage
             25      and allow complete and full parental assumption of the opportunity and obligations
             26      that attend their minor children's participation in public schools; and
             27          .    requests Utah's congressional delegation to make further inquiry of the United


             28      States Department of Education and the United States Department of Justice to consider the
             29      feasibility of modifying their longitudinal studies to track data addressing the structure of the
             30      family unit of the instigator or recipient of bullying or cyber bullying, to request that these
             31      agencies acknowledge the significant role parents and family can have in the prevention,
             32      remediation, and implementation of sanctions regarding bullying and other physical or
             33      emotional harm, and to report on the involvement of parents and family in both discouraging
             34      and preventing ongoing bullying, cyber bullying, or other physical or emotional harm.
             35      Special Clauses:
             36          None
             37     
             38      Be it resolved by the Legislature of the state of Utah:
             39          WHEREAS, in 2008, the Legislature and Governor adopted statutory directives
             40      regarding bullying and hazing in the public schools with the expectation that school districts
             41      and charter schools would integrate these directives with student conduct and discipline plans
             42      and other efforts to maintain safe schools in the state of Utah;
             43          WHEREAS, the Utah State Office of Education has made administrative rules and
             44      adopted model policies regarding bullying, hazing, student conduct, discipline, and safe
             45      schools to facilitate the adoption and implementation of local policies addressing these
             46      important issues by school districts and charter schools;
             47          WHEREAS, in December 2010, policies posted on local school district websites
             48      indicated that while substantial and material efforts had been made to implement all of the
             49      foregoing state requirements on a local level, a significant part of the framework for safety and
             50      due process that were mandated by the Legislature, the Governor, and the Utah State Office of
             51      Education were neither identified by existing policies nor made easily accessible to interested
             52      students, parents, and school personnel;
             53          WHEREAS, Section 53A-13-109 of the Utah Code states that "the primary
             54      responsibility for the education of children within the state resides with their parents or
             55      guardians and that the role of state and local governments is to support and assist parents in
             56      fulfilling that responsibility";
             57          WHEREAS, students and parents should be able to easily access and implement
             58      available protections for their children from bullying, cyber bullying, and other physical or


             59      emotional harm occurring in schools, on school grounds, and other locations throughout the
             60      state;
             61          WHEREAS, parents entrust their children to the public schools under a doctrine of in
             62      loco parentis, which presupposes that the safety and protection of students will, at a minimum,
             63      satisfy the abuse and neglect standards required of parents under the Juvenile Court Act;
             64          WHEREAS, a significant failure to implement all of the mandatory protections to
             65      secure the safety of students and school personnel, as well as continued acts of bullying, cyber
             66      bullying, harassment, or intimidation since the adoption of the 2008 legislation, may have
             67      contributed to the suicide, serious physical harm, and mental breakdown of students enrolled in
             68      Utah's public schools;
             69          WHEREAS, in the Second Special Session of the 51st Legislature, the Utah Legislature
             70      approved intent language attached to S.B. 1003, Responsibilities of School Employees and
             71      Limitations Regarding Student Clubs, affirming that "The Legislature desires that all school
             72      officials, parents and students understand that . . . physical violence will not be tolerated in our
             73      public schools";
             74          WHEREAS, the Utah Legislature also affirmed that "building public education on the
             75      foundation of family involvement supports future academic achievement," and that "protecting
             76      parental autonomy and family privacy serves societal values encouraging diversity in a free
             77      society. The Utah Supreme Court has observed that 'family autonomy helps assure the
             78      diversity characteristic of a free society. There is no surer way to . . . allow parents maximum
             79      latitude in rearing their own children'"; and
             80          WHEREAS, a United States Department of Education and Department of Justice study
             81      titled, "Indicators of School Crime and Safety: 2010," did not take into account the role of
             82      families in preventing, intervening, and protecting students against bullying and cyber bullying:
             83          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
             84      expresses appreciation to the Utah State Office of Education and school districts for the
             85      substantial and material efforts made by them to enhance the safety of public schools and
             86      provide a school environment that is supportive of students committed to learning, parents
             87      committed to participating and supporting, and educators committed to excellence;
             88          BE IT FURTHER RESOLVED that the Legislature urges local districts and charter
             89      schools, acting in loco parentis regarding their students, to adopt and implement local policies


             90      ensuring, at a minimum, that those prohibitions of abuse or neglect contained in the Juvenile
             91      Court Act that required parents to fulfill their secular duties as to their children, are observed
             92      by student peers, school personnel, and parents on a daily basis;
             93          BE IT FURTHER RESOLVED that the Legislature urges the Utah State Board of
             94      Education, boards of school districts, and governing boards of charter schools as they plan for
             95      safe and effective schools, to encourage and allow complete and full parental assumption of the
             96      opportunity and obligations that attend their minor children's participation in public schools.
             97          BE IT FURTHER RESOLVED that the Legislature urges Utah's congressional
             98      delegation to request that the United States Department of Education and the United States
             99      Department of Justice consider the feasibility of modifying their longitudinal studies to track
             100      data addressing the structure of the family unit of the instigator or recipient of bullying, to
             101      request that these agencies acknowledge the significant role parents and family can have in the
             102      prevention, remediation, and implementation of sanctions regarding bullying, cyber bullying,
             103      and other physical or emotional harm, and to report on the involvement of parents and family
             104      in both discouraging and preventing ongoing bullying or other physical or emotional harm.
             105          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Utah State
             106      Office of Education for distribution to each of Utah's school districts and charter schools, the
             107      United States Department of Education, the United States Department of Justice, and to the
             108      members of Utah's congressional delegation.




Legislative Review Note
    as of 2-18-11 11:03 AM


Office of Legislative Research and General Counsel


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