Senator Daniel W. Thatcher proposes the following substitute bill:


1     
SCHOOL SAFETY AND CRISIS LINE

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9          This bill establishes a School Safety and Crisis Line.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the University Neuropsychiatric Institute, within the University of Utah
14     Hospitals and Clinics, to establish a statewide School Safety and Crisis Line;
15          ▸     removes the sunset provision for the School Safety Tip Line Commission and
16     renames it the School Safety and Crisis Line Commission (commission);
17          ▸     amends the membership of the commission;
18          ▸     requires the commission to fulfill certain duties;
19          ▸     requires the State Board of Education to revise certain policies and curricula;
20          ▸     requires a local school board or charter school governing board to revise certain
21     policies; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          This bill appropriates in fiscal year 2016:
25          ▸     to the University of Utah - University Neuropsychiatric Institute, as an ongoing
26     appropriation:
27               •     from the Education Fund, $150,000; and
28          ▸     to the University of Utah - University Neuropsychiatric Institute, as a one-time
29     appropriation:
30               •     from the Education Fund, $150,000.
31     Other Special Clauses:
32          This bill provides a special effective date.
33     Utah Code Sections Affected:
34     AMENDS:
35          53A-11-901, as last amended by Laws of Utah 2007, Chapter 161
36          53A-11-902, as last amended by Laws of Utah 2010, Chapter 207
37          53A-11-1501, as enacted by Laws of Utah 2014, Chapter 412
38          53A-11-1502, as enacted by Laws of Utah 2014, Chapter 412
39          53A-11-1504, as enacted by Laws of Utah 2014, Chapter 412
40          53A-11-1505, as enacted by Laws of Utah 2014, Chapter 412
41          53A-15-1302, as last amended by Laws of Utah 2014, Chapter 349
42          63I-1-253, as last amended by Laws of Utah 2014, Chapters 189, 226, and 412
43     ENACTS:
44          53A-11-1506, Utah Code Annotated 1953
45     REPEALS AND REENACTS:
46          53A-11-1503, as enacted by Laws of Utah 2014, Chapter 412
47     

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 53A-11-901 is amended to read:
50          53A-11-901. Public school discipline policies -- Basis of the policies --
51     Enforcement.
52          (1) The Legislature recognizes that every student in the public schools should have the
53     opportunity to learn in an environment which is safe, conducive to the learning process, and
54     free from unnecessary disruption.
55          (2) (a) To foster such an environment, each local school board or governing board of a
56     charter school, with input from school employees, parents and guardians of students, students,
57     and the community at large, shall adopt conduct and discipline policies for the public schools.
58          (b) Each district or charter school shall base its policies on the principle that every
59     student is expected:
60          (i) to follow accepted rules of conduct; and
61          (ii) to show respect for other people and to obey persons in authority at the school.
62          (c) (i) [The State Superintendent of Public Instruction shall develop] On or before
63     September 1, 2015, the State Board of Education shall revise the conduct and discipline policy
64     models for elementary and secondary public schools to include procedures for responding to
65     reports received through the School Safety and Crisis Line under Subsection 53A-11-1503(3).
66          (ii) Each district or charter school shall use the models, where appropriate, in
67     developing its conduct and discipline policies under this chapter.
68          (d) The policies shall emphasize that certain behavior, most particularly behavior
69     which disrupts, is unacceptable and may result in disciplinary action.
70          (3) The local superintendent and designated employees of the district or charter school
71     shall enforce the policies so that students demonstrating unacceptable behavior and their
72     parents or guardians understand that such behavior will not be tolerated and will be dealt with
73     in accordance with the district's conduct and discipline policies.
74          Section 2. Section 53A-11-902 is amended to read:
75          53A-11-902. Conduct and discipline policies and procedures.
76          The conduct and discipline policies required under Section 53A-11-901 shall include:
77          (1) provisions governing student conduct, safety, and welfare;
78          (2) standards and procedures for dealing with students who cause disruption in the
79     classroom, on school grounds, on school vehicles, or in connection with school-related
80     activities or events;
81          (3) procedures for the development of remedial discipline plans for students who cause
82     a disruption at any of the places referred to in Subsection (2);
83          (4) procedures for the use of reasonable and necessary physical restraint or force in
84     dealing with disruptive students, consistent with Section 53A-11-802;
85          (5) standards and procedures for dealing with student conduct in locations other than
86     those referred to in Subsection (2), if the conduct threatens harm or does harm to:
87          (a) the school;
88          (b) school property;
89          (c) a person associated with the school; or
90          (d) property associated with a person described in Subsection (5)(c);
91          (6) procedures for the imposition of disciplinary sanctions, including suspension and
92     expulsion;
93          (7) specific provisions, consistent with Section 53A-15-603, for preventing and
94     responding to gang-related activities in the school, on school grounds, on school vehicles, or in
95     connection with school-related activities or events; [and]
96          (8) standards and procedures for dealing with habitual disruptive student behavior in
97     accordance with the provisions of this part[.]; and
98          (9) procedures for responding to reports received through the School Safety and Crisis
99     Line under Subsection 53A-11-1503(3).
100          Section 3. Section 53A-11-1501 is amended to read:
101     
Part 15. School Safety and Crisis Line

102          53A-11-1501. Title.
103          This part is known as "School Safety [Tip] and Crisis Line."
104          Section 4. Section 53A-11-1502 is amended to read:
105          53A-11-1502. Definitions.
106          As used in this part[, "commission"]:
107          (1) "Commission" means the School Safety [Tip] and Crisis Line Commission
108     established in Section 53A-11-1504.
109          (2) "University Neuropsychiatric Institute" means the mental health and substance
110     abuse treatment institute within the University of Utah Hospitals and Clinics.
111          Section 5. Section 53A-11-1503 is repealed and reenacted to read:
112          53A-11-1503. School Safety and Crisis Line established.
113          The University Neuropsychiatric Institute shall:
114          (1) establish a School Safety and Crisis Line to provide:
115          (a) a means for an individual to anonymously report:
116          (i) unsafe, violent, or criminal activities, or the threat of such activities at or near a
117     public school; and
118          (ii) incidents of bullying, cyber-bullying, harassment, or hazing; and
119          (b) crisis intervention, including suicide prevention, to individuals experiencing
120     emotional distress or psychiatric crisis;
121          (2) provide the services described in Subsection (1) 24 hours a day, seven days a week;
122     and
123          (3) when necessary, promptly forward a report received under Subsection (1)(a) to
124     appropriate:
125          (a) school officials; and
126          (b) law enforcement officials.
127          Section 6. Section 53A-11-1504 is amended to read:
128          53A-11-1504. School Safety and Crisis Line Commission established -- Members.
129          (1) There is created the School Safety [Tip] and Crisis Line Commission[, within the
130     Office of the Attorney General,] composed of the following members:
131          (a) one member who represents the Office of the Attorney General, appointed by the
132     attorney general;
133          (b) [two members] one member who [represent] represents the Utah Public Education
134     System, appointed by the State Board of Education;
135          (c) one member who represents the Utah System of Higher Education, appointed by the
136     State Board of Regents;
137          [(c)] (d) one member who represents the Utah Department of Health, appointed by the
138     executive director of the Department of Health;
139          [(d) two members] (e) one member of the House of Representatives, appointed by the
140     speaker of the House of Representatives; [and]
141          [(e) two members] (f) one member of the Senate, appointed by the president of the
142     Senate[.];
143          (g) one member who represents the University Neuropsychiatric Institute, appointed by
144     the chair of the commission;
145          (h) one member who represents law enforcement who has extensive experience in
146     emergency response, appointed by the chair of the commission;
147          (i) one member who represents the Utah Department of Human Services who has
148     experience in youth services or treatment services, appointed by the executive director of the
149     Department of Human Services; and
150          (j) two members of the public, appointed by the chair of the commission.
151          (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
152     appointed to four-year terms.
153          (b) The length of the terms of the members shall be staggered so that approximately
154     half of the committee is appointed every two years.
155          (c) When a vacancy occurs in the membership of the commission, the replacement
156     shall be appointed for the unexpired term.
157          [(2)] (3) (a) The attorney general's designee shall serve as chair of the commission.
158          (b) The chair shall set the agenda for commission meetings.
159          [(3)] (4) Attendance of a simple majority of the members constitutes a quorum for the
160     transaction of official commission business.
161          [(4)] (5) Formal action by the commission requires a majority vote of a quorum.
162          [(5)] (6) (a) Except as provided in Subsection [(5)] (6)(b), a member may not receive
163     compensation, benefits, per diem, or travel expenses for the member's service.
164          (b) Compensation and expenses of a member who is a legislator are governed by
165     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
166          [(6)] (7) The Office of the Attorney General shall provide staff support to the
167     commission.
168          Section 7. Section 53A-11-1505 is amended to read:
169          53A-11-1505. School Safety and Crisis Line Commission duties.
170          [(1) (a)] The commission shall coordinate:
171          [(i) designate a School Safety Tip Line provider network after consideration of the
172     ability of the proposed provider network's ability to:]
173          [(A) provide the services described in Section 53A-11-1503 24 hours a day, seven days
174     a week; and]
175          [(B) employ, as operators, social workers licensed by the Division of Occupational and
176     Professional Licensing under Section 58-60-204;]
177          [(ii) estimate the cost of operating a School Safety Tip Line including the extent to
178     which operations will be funded through private donations and grants; and]
179          [(iii) designate a phone number for the School Safety Tip Line.]
180          (1) statewide efforts related to the School Safety and Crisis Line; and
181          (2) with the State Board of Education and the State Board of Regents to promote
182     awareness of the services available through the School Safety and Crisis Line.
183          [(b) The commission may conduct other business related to establishing a School
184     Safety Tip Line.]
185          [(2) The commission shall report to the Education Interim Committee and the
186     Executive Appropriations Committee before November 30, 2014, regarding:]
187          [(a) how the commission fulfilled its duties during the year; and]
188          [(b) recommendations for future legislation related to a School Safety Tip Line.]
189          Section 8. Section 53A-11-1506 is enacted to read:
190          53A-11-1506. State Board of Education and local boards of education to update
191     policies and promote awareness.
192          (1) The State Board of Education shall:
193          (a) revise the conduct and discipline policy models, described in Section 53A-11-901,
194     to include procedures for responding to reports received under Subsection 53A-11-1503(3);
195     and
196          (b) revise the curriculum developed by the State Board of Education for the parent
197     seminar, described in Section 53A-15-1302, to include information about the School Safety
198     and Crisis Line.
199          (2) A local school board or charter school governing board shall:
200          (a) revise the conduct and discipline policies, described in Section 53A-11-902, to
201     include procedures for responding to reports received under Subsection 53A-11-1503(3); and
202          (b) inform students, parents, and school personnel about the School Safety and Crisis
203     Line.
204          Section 9. Section 53A-15-1302 is amended to read:
205          53A-15-1302. Parent education -- Mental health -- Bullying -- Safety.
206          (1) (a) Except as provided in Subsection (5), a school district shall offer a seminar for
207     parents of students in the school district that:
208          (i) is offered at no cost to parents;
209          (ii) begins at or after 6 p.m.;
210          (iii) is held in at least one school located in the school district; and
211          (iv) covers the topics described in Subsection (2).
212          (b) A school district shall annually offer one parent seminar for each 11,000 students
213     enrolled in the school district.
214          (c) A school district may:
215          (i) develop its own curriculum for the seminar described in Subsection (1)(a); or
216          (ii) use the curriculum developed by the State Board of Education under Subsection
217     (2).
218          (d) A school district shall notify each charter school located in the attendance
219     boundaries of the school district of the date and time of a parent seminar, so the charter school
220     may inform parents of the seminar.
221          (2) The State Board of Education shall:
222          (a) develop a curriculum for the parent seminar described in Subsection (1) that
223     includes information on:
224          (i) substance abuse, including illegal drugs and prescription drugs and prevention;
225          (ii) bullying;
226          (iii) mental health, depression, suicide awareness, and suicide prevention, including
227     education on limiting access to fatal means; [and]
228          (iv) Internet safety, including pornography addiction; and
229          (v) the School Safety and Crisis Line established in Section 53A-11-1503; and
230          (b) provide the curriculum, including resources and training, to school districts upon
231     request.
232          [(3) The State Board of Education shall report to the Legislature's Education Interim
233     Committee, by the November 2013 meeting, on the progress of implementation of the parent
234     seminar, including if a local school board has opted out of providing the parent seminar, as
235     described in Subsection (5), and the reasons why a local school board opted out.]
236          [(4)] (3) The State Board of Education shall report to the Legislature's Education
237     Interim Committee by the November 2014 meeting on:
238          (a) the progress of implementation of the parent seminar;
239          (b) the estimated attendance reported by each school district;
240          (c) a recommendation of whether to continue the parent seminar program; and
241          (d) if a local school board has opted out of providing the parent seminar, as described
242     in Subsection [(5)] (4), and the reasons why a local school board opted out.
243          [(5)] (4) (a) A school district is not required to offer the parent seminar if the local
244     school board determines that the topics described in Subsection (2) are not of significant
245     interest or value to families in the school district.
246          (b) If a local school board chooses not to offer the parent seminar, the local school
247     board shall notify the State Board of Education and provide the reasons why the local school
248     board chose not to offer the parent seminar.
249          Section 10. Section 63I-1-253 is amended to read:
250          63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
251          The following provisions are repealed on the following dates:
252          (1) Section 53-3-232, Conditional license, is repealed July 1, 2015.
253          (2) Subsection 53-10-202(18) is repealed July 1, 2018.
254          (3) Section 53-10-202.1 is repealed July 1, 2018.
255          (4) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
256     repealed July 1, 2020.
257          [(5) Title 53A, Chapter 11, Part 15, School Safety Tip Line, is repealed July 1, 2015.]
258          [(6)] (5) The State Instructional Materials Commission, created in Section 53A-14-101,
259     is repealed July 1, 2016.
260          [(7)] (6) Subsections 53A-16-113(3) and (4) are repealed December 31, 2016.
261          [(8)] (7) Section 53A-16-114 is repealed December 31, 2016.
262          [(9)] (8) Section 53A-17a-163, Performance-based Compensation Pilot Program is
263     repealed July 1, 2016.
264          [(10)] (9) Section 53B-24-402, Rural residency training program, is repealed July 1,
265     2015.
266          [(11)] (10) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
267     money from the Land Exchange Distribution Account to the Geological Survey for test wells,
268     other hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1,
269     2020.
270          Section 11. Appropriation.
271          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
272     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
273     are appropriated from resources not otherwise appropriated, or reduced from amounts
274     previously appropriated, out of the funds or accounts indicated. These sums of money are in
275     addition to any amounts previously appropriated for fiscal year 2016.
276          To University of Utah - University Neuropsychiatric Institute
277               From Education Fund
$150,000

278               From Education Fund, One-time
$150,000

279               Schedule of Programs:
280                    University Neuropsychiatric Institute          $300,000
281          The Legislature intends that the appropriation provided in this section is to be used by
282     the University Neuropsychiatric Institute to provide the services described in Title 53A,
283     Chapter 11, Part 15, School Safety and Crisis Line.
284          Section 12. Effective date.
285          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
286          (2) Uncodified Section 11, Appropriation, takes effect on July 1, 2015.