This document includes House Committee Amendments incorporated into the bill on Mon, Mar 7, 2016 at 10:40 PM by cynthiahopkin.
1     
SCHOOL RESOURCE OFFICERS AND SCHOOL

2     
ADMINISTRATORS TRAINING AND AGREEMENT

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Sandra Hollins

6     
Senate Sponsor: Daniel W. Thatcher

7     

8     LONG TITLE
9     General Description:
10          This bill enacts provisions regarding a law enforcement officer who provides police
11     services to a public school.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     enacts provisions that require:
16               •     the State Board of Education to create a certain training program relating to a
17     law enforcement officer who provides police services to a public school; and
18               •     a contract for a law enforcement officer to provide police services to a public
19     school to contain certain provisions; and
20          ▸     gives rulemaking authority.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          53A-11-1601, Utah Code Annotated 1953

28          53A-11-1602, Utah Code Annotated 1953
29          53A-11-1603, Utah Code Annotated 1953
30          53A-11-1604, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-11-1601 is enacted to read:
34     
Part 16. School Resource Officers

35          53A-11-1601. Title.
36          This part is known as "School Resource Officers."
37          Section 2. Section 53A-11-1602 is enacted to read:
38          53A-11-1602. Definitions.
39          As used in this section:
40          (1) "Governing authority" means:
41          (a) for a school district, the local school board;
42          (b) for a charter school, the governing board; or
43          (c) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
44          (2) "Law enforcement agency" means the same as that term is defined in Section
45     53-1-102.
46          (3) "Local education agency" or "LEA" means:
47          (a) a school district;
48          (b) a charter school; or
49          (c) the Utah Schools for the Deaf and the Blind.
50          (4) "School resource officer" or "SRO" means a law enforcement officer, as defined in
51     Section 53-13-103, who contracts with or whose law enforcement agency contracts with an
52     LEA to provide law enforcement services for the LEA.
53          Section 3. Section 53A-11-1603 is enacted to read:
54          53A-11-1603. School resource officer training -- Curriculum.
55          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
56     State Board of Education shall make rules that prepare and make available a training program
57     for school principals and school resource officers to attend.
58          (2) To create the curriculum and materials for the training program described in

59     Subsection (1), the State Board of Education shall:
60          (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
61     created in Section 63M-7-201;
62          (b) solicit input from local school boards, charter school governing boards, and the
63     Utah Schools for the Deaf and the Blind;
64          (c) solicit input from local law enforcement and other interested community
65     stakeholders; and
66          (d) Ĥ→ [
follow] consider ←Ĥ the current United States Department of Education
66a     recommendations on
67     school discipline and the role of a school resource officer.
68          (3) The training program described in Subsection (1) may include training on the
69     following:
70          (a) childhood and adolescent development;
71          (b) responding age-appropriately to students;
72          (c) working with disabled students;
73          (d) techniques to de-escalate and resolve conflict;
74          (e) cultural awareness;
75          (f) restorative justice practices;
76          (g) identifying a student exposed to violence or trauma and referring the student to
77     appropriate resources;
78          (h) student privacy rights;
79          (i) negative consequences associated with youth involvement in the juvenile and
80     criminal justice systems;
81          (j) strategies to reduce juvenile justice involvement; and
82          (k) roles of and distinctions between a school resource officer and other school staff
83     who help keep a school secure.
84          Section 4. Section 53A-11-1604 is enacted to read:
85          53A-11-1604. Contracts between an LEA and law enforcement for school
86     resource officer services -- Requirements.
87          (1) An LEA may contract with a law enforcement agency or an individual to provide
88     school resource officer services at the LEA if the LEA's governing authority reviews and
89     approves the contract.

90          (2) If an LEA contracts with a law enforcement agency or an individual to provide
91     SRO services at the LEA, the LEA's governing authority shall require in the contract:
92          (a) an acknowledgment by the law enforcement agency or the individual that an SRO
93     hired under the contract shall:
94          (i) provide for and maintain a safe, healthy, and productive learning environment in a
95     school;
96          (ii) act as a positive role model to students;
97          (iii) work to create a cooperative, proactive, and problem-solving partnership between
98     law enforcement and the LEA; Ĥ→ [
and] ←Ĥ
99          (iv) emphasize the use of restorative approaches to address negative behavior; Ĥ→ and
99a          (v) at the request of the LEA, teach a vocational law enforcement class; ←Ĥ
100          (b) a description of the shared understanding of the LEA and the law enforcement
101     agency or individual regarding the roles and responsibilities of law enforcement and the LEA
102     to:
103          (i) maintain safe schools;
104          (ii) improve school climate; and
105          (iii) support educational opportunities for students;
106          Ĥ→ [
(c) provisions that prohibit an SRO from using formal law enforcement intervention,
107     absent a real and immediate threat at the school;
]

107a          (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
107b     including an offense that:
107c          (i) is a minor violation of the law; and
107d          (ii) would not violate the law if the offense was committed by an adult; ←Ĥ
108          (d) a designation of Ĥ→ student ←Ĥ offenses that are administrative issues that an SRO
108a     shall refer to a
109     school administrator for resolution;
110          (e) a detailed description of the rights of a student under state and federal law with
111     regard to:
112          (i) searches;
113          (ii) questioning; and
114          (iii) information privacy;
115          (f) a detailed description of:
116          (i) job duties;
117          (ii) training requirements; and
118          (iii) other expectations of the SRO and school administration in relation to law
119     enforcement at the LEA;
120          (g) that an SRO who is hired under the contract and the principal at the school where
121     an SRO will be working, or the principal's designee, will jointly complete the SRO training
122     described in Section 53A-11-1603; and
123          (h) if the contract is between an LEA and a law enforcement agency, that:
124          (i) both parties agree to jointly discuss SRO applicants; and
125          (ii) the law enforcement agency will accept feedback from an LEA about an SRO's
126     performance.






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