1     
EDUCATOR RIGHTS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions related to abusive conduct toward school employees.
10     Highlighted Provisions:
11          This bill:
12          ▸      defines "abusive conduct";
13          ▸     requires a local school board or charter school governing board to:
14               •     update a policy related to bullying; and
15               •     implement a grievance process for a school employee who experiences abusive
16     conduct;
17          ▸     provides for training related to abusive conduct; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-11a-102, as last amended by Laws of Utah 2011, Chapter 235
26          53A-11a-203, as last amended by Laws of Utah 2015, Chapter 253
27          53A-11a-301, as last amended by Laws of Utah 2013, Chapter 335
28          53A-11a-302, as last amended by Laws of Utah 2013, Chapter 335
29          53A-11a-401, as last amended by Laws of Utah 2011, Chapter 235
30          53A-11a-402, as last amended by Laws of Utah 2011, Chapter 235
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-11a-102 is amended to read:
34          53A-11a-102. Definitions.
35          As used in this chapter:
36          (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
37     student directed toward a school employee that, based on its severity, nature, and frequency of
38     occurrence, a reasonable person would determine is intended to cause intimidation,
39     humiliation, or unwarranted distress.
40          (b) A single act does not constitute abusive conduct.
41          [(1)] (2) (a) "Bullying" means intentionally or knowingly committing an act that:
42          (i) (A) endangers the physical health or safety of a school employee or student;
43          (B) involves any brutality of a physical nature such as whipping, beating, branding,
44     calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
45     exposure to the elements;
46          (C) involves consumption of any food, liquor, drug, or other substance;
47          (D) involves other physical activity that endangers the physical health and safety of a
48     school employee or student; or
49          (E) involves physically obstructing a school employee's or student's freedom to move;
50     and
51          (ii) is done for the purpose of placing a school employee or student in fear of:
52          (A) physical harm to the school employee or student; or
53          (B) harm to property of the school employee or student.
54          (b) The conduct described in Subsection [(1)] (2)(a) constitutes bullying, regardless of
55     whether the person against whom the conduct is committed directed, consented to, or
56     acquiesced in, the conduct.
57          [(2)] (3) "Communication" means the conveyance of a message, whether verbal,
58     written, or electronic.
59          [(3)] (4) "Cyber-bullying" means using the Internet, a cell phone, or another device to
60     send or post text, video, or an image with the intent or knowledge, or with reckless disregard,
61     that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of
62     whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily
63     accessed the electronic communication.
64          [(4)] (5) "Harassment" means repeatedly communicating to another individual, in an
65     objectively demeaning or disparaging manner, statements that contribute to a hostile learning
66     or work environment for the individual.
67          [(5)] (6) (a) "Hazing" means intentionally or knowingly committing an act that:
68          (i) (A) endangers the physical health or safety of a school employee or student;
69          (B) involves any brutality of a physical nature such as whipping, beating, branding,
70     calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
71     exposure to the elements;
72          (C) involves consumption of any food, liquor, drug, or other substance;
73          (D) involves other physical activity that endangers the physical health and safety of a
74     school employee or student; or
75          (E) involves physically obstructing a school employee's or student's freedom to move;
76     and
77          (ii) (A) is done for the purpose of initiation or admission into, affiliation with, holding
78     office in, or as a condition for, membership or acceptance, or continued membership or
79     acceptance, in any school or school sponsored team, organization, program, or event; or
80          (B) if the person committing the act against a school employee or student knew that the
81     school employee or student is a member of, or candidate for, membership with a school, or
82     school sponsored team, organization, program, or event to which the person committing the act
83     belongs to or participates in.
84          (b) The conduct described in Subsection [(5)] (6)(a) constitutes hazing, regardless of
85     whether the person against whom the conduct is committed directed, consented to, or
86     acquiesced in, the conduct.
87          [(6)] (7) "Policy" means a [bullying and hazing] school board policy described in
88     Section 53A-11a-301.
89          [(7)] (8) "Retaliate" means an act or communication intended:
90          (a) as retribution against a person for reporting bullying or hazing; or
91          (b) to improperly influence the investigation of, or the response to, a report of bullying
92     or hazing.
93          [(8)] (9) "School" means [any] a public elementary or secondary school [or], including
94     a charter school.
95          [(9)] (10) "School board" means:
96          (a) a local school board; or
97          (b) a [local] charter school governing board.
98          [(10)] (11) "School employee" means:
99          (a) a school [teachers] teacher;
100          (b) a school staff member;
101          (c) a school [administrators; and] administrator; or
102          (d) [all others] an individual employed, directly or indirectly, by [the] a school, school
103     board, or school district.
104          Section 2. Section 53A-11a-203 is amended to read:
105          53A-11a-203. Parental notification of certain incidents and threats required.
106          (1) For purposes of this section, "parent" includes a student's guardian.
107          (2) A school shall:
108          (a) notify a parent if the parent's student threatens to commit suicide; or
109          (b) notify the parents of each student involved in an incident of bullying,
110     cyber-bullying, harassment, hazing, abusive conduct, or retaliation, of the incident involving
111     each parent's student.
112          (3) (a) If a school notifies a parent of an incident or threat required to be reported under
113     Subsection (2), the school shall produce and maintain a record that verifies that the parent was
114     notified of the incident or threat.
115          (b) A school shall maintain a record described in Subsection (3)(a) in accordance with
116     the requirements of:
117          (i) Section 53A-13-301;
118          (ii) Section 53A-13-302;
119          (iii) 20 U.S.C. 1232g, Federal Family Educational Rights and Privacy Act; and
120          (iv) C.F.R. Part 99.
121          (4) A [local] school board [or charter school governing board] shall adopt a policy
122     regarding the process for:
123          (a) notifying a parent as required in Subsection (2); and
124          (b) producing and retaining a record that verifies that a parent was notified of an
125     incident or threat as required in Subsection (3).
126          (5) At the request of a parent, a school may provide information and make
127     recommendations related to an incident or threat described in Subsection (2).
128          (6) A school shall:
129          (a) provide a student a copy of a record maintained in accordance with this section that
130     relates to the student if the student requests a copy of the record; and
131          (b) expunge a record maintained in accordance with this section that relates to a
132     student if the student:
133          (i) has graduated from high school; and
134          (ii) requests the record be expunged.
135          Section 3. Section 53A-11a-301 is amended to read:
136          53A-11a-301. Bullying, cyber-bullying, harassment, hazing, abusive conduct, and
137     retaliation policy.
138          (1) On or before September 1, [2013] 2017, each school board shall update the school
139     board's bullying, cyber-bullying, harassment, hazing, and retaliation policy [consistent with this
140     chapter] to include abusive conduct .
141          (2) The policy shall:
142          (a) be developed only with input from:
143          (i) students;
144          (ii) parents;
145          (iii) teachers;
146          (iv) school administrators;
147          (v) school staff; or
148          (vi) local law enforcement agencies; and
149          (b) provide protection to a student, regardless of the student's legal status.
150          (3) The policy shall include the following components:
151          (a) definitions of bullying, cyber-bullying, harassment, [and] hazing , and abusive
152     conduct that are consistent with this chapter;
153          (b) language prohibiting bullying, cyber-bullying, harassment, [and] hazing , and
154     abusive conduct ;
155          (c) language prohibiting retaliation against an individual who reports conduct that is
156     prohibited under this chapter;
157          (d) language prohibiting making a false report of bullying, cyber-bullying, harassment,
158     hazing, abusive conduct, or retaliation; [and]
159          (e) as required in Section 53A-11a-203, parental notification of:
160          (i) a student's threat to commit suicide; and
161          (ii) an incident of bullying, cyber-bullying, harassment, hazing, abusive conduct, or
162     retaliation involving the parent's student[.]; and
163          (f) a grievance process for a school employee who has experienced abusive conduct.
164          (4) A copy of the policy shall be:
165          (a) included in student conduct handbooks [and];
166          (b) included in employee handbooks[.]; and
167          (c) distributed to parents.
168          (5) A policy may not permit formal disciplinary action that is based solely on an
169     anonymous report of bullying, cyber-bullying, harassment, hazing, abusive conduct, or
170     retaliation.
171          (6) Nothing in this chapter is intended to infringe upon the right of a school employee,
172     parent, or student to exercise [their] the right of free speech.
173          Section 4. Section 53A-11a-302 is amended to read:
174          53A-11a-302. Model policy and State Board of Education duties.
175          On or before September 1, [2013] 2017, the State Board of Education shall:
176          (1) update the State Board of Education's model policy on bullying, cyber-bullying,
177     harassment, hazing, and retaliation to include abusive conduct ; and
178          (2) post the model policy described in Subsection (1) on the State Board of Education's
179     website.
180          Section 5. Section 53A-11a-401 is amended to read:
181          53A-11a-401. Training, education, and prevention.
182          (1) (a) A school board shall include in the training of a school employee, training
183     regarding bullying, cyber-bullying, harassment, hazing, abusive conduct, and retaliation.
184          (b) A school board may offer voluntary training to parents and students regarding
185     abusive conduct.
186          (2) To the extent that state or federal funding is available for this purpose, school
187     boards are encouraged to implement programs or initiatives, in addition to the training
188     described in Subsection (1), to provide for training and education regarding, and the prevention
189     of, bullying, hazing, abusive conduct, and retaliation.
190          (3) The programs or initiatives described in Subsection (2) may involve:
191          (a) the establishment of a bullying task force; or
192          (b) the involvement of school employees, students, or law enforcement.
193          Section 6. Section 53A-11a-402 is amended to read:
194          53A-11a-402. Other forms of legal redress.
195          (1) Nothing in this chapter prohibits a victim of bullying, cyber-bullying, harassment,
196     hazing, abusive conduct, or retaliation from seeking legal redress under any other provisions of
197     civil or criminal law.
198          (2) This section does not create or alter tort liability.




Legislative Review Note
Office of Legislative Research and General Counsel