7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the use of physical restraint in schools.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ amends provisions related to the infliction of corporal punishment on a student;
14 ▸ amends provisions related to the use of physical restraint in schools;
15 ▸ amends provisions related to a student who willfully defaces or otherwise Ĥ→ [
15a damages ←Ĥ
16 school property; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 53A-11-801, as enacted by Laws of Utah 1992, Chapter 251
25 53A-11-802, as enacted by Laws of Utah 1992, Chapter 251
26 53A-11-806, as last amended by Laws of Utah 2008, Chapter 3
27 53A-11-902, as last amended by Laws of Utah 2015, Chapter 442
28 62A-4a-1002, as last amended by Laws of Utah 2008, Chapters 45 and 299
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 53A-11-801 is amended to read:
32 53A-11-801. Definitions.
33 As used in this part:
39 the body of a [
43 (2) "Physical escort" means a temporary touching or holding of the hand, wrist, arm,
44 shoulder, or back for the purpose of guiding a student to another location.
45 (3) "Physical restraint" means a personal restriction that immobilizes or significantly
46 reduces the ability of a student to move the student's arms, legs, body, or head freely.
47 (4) "School" means a public or private elementary school, secondary school, or
49 (5) "Student" means an individual who is:
50 (a) under the age of Ŝ→ [
51 (b) under the age of Ŝ→ [
51a with a
53 Section 2. Section 53A-11-802 is amended to read:
54 53A-11-802. Prohibition of corporal punishment -- Use of reasonable and
55 necessary physical restraint.
56 (1) A school employee may not inflict or cause the infliction of corporal punishment
57 upon a [
59 (2) [
60 and necessary physical restraint [
61 circumstances to:
62 (a) obtain possession of a weapon or other dangerous object in the possession or under
63 the control of a [
64 (b) protect [
65 (c) remove from a situation a [
66 (d) protect property from being damaged, when physical safety is at risk.
67 (3) Nothing in this section prohibits a school employee from using less intrusive
68 means, including a physical escort, to address circumstances described in Subsection (2).
70 or permit the commission of an act prohibited by this part is void and unenforceable.
71 (b) An employee may not be subjected to any sanction for failure or refusal to commit
72 an act prohibited under this part.
74 the education of a student may exempt itself from the provisions of this section by adopting a
75 policy to that effect and notifying the parents or guardians of [
76 of the exemption.
76a Ĥ→ (6) This section does not apply to a law enforcement officer as defined in
76b Section 53-13-103. ←Ĥ
77 Section 3. Section 53A-11-806 is amended to read:
78 53A-11-806. Defacing or Ĥ→ [
78a liability -- Work
79 program alternative.
80 (1) [
80a school property
81 may be suspended or otherwise disciplined.
82 (2) (a) [
83 defaced, or otherwise Ĥ→ [
83a an official written
84 grade [
85 damage or loss until the student or the student's parent or guardian has paid for the damages.
86 (b) The student's parent or guardian is liable for damages as otherwise provided in
87 Section 78A-6-1113.
88 (3) (a) If the student and the student's parent or guardian are unable to pay for the
89 damages or if it is determined by the school in consultation with the student's [
90 or guardian that the student's interests would not be served if the [
91 were to pay for the damages, [
93 (b) The [
94 student upon completion of the [
95 (4) Before any penalties are assessed under this section, the [
96 shall adopt procedures to [
97 (5) No penalty may be assessed for damages which may be reasonably attributed to
98 normal wear and tear.
99 (6) If the Department of Human Services or a licensed child-placing agency has been
100 granted custody of the student, [
101 agency, may not be withheld from the department or agency for nonpayment of damages under
102 this section.
103 Section 4. Section 53A-11-902 is amended to read:
104 53A-11-902. Conduct and discipline policies and procedures.
105 The conduct and discipline policies required under Section 53A-11-901 shall include:
106 (1) provisions governing student conduct, safety, and welfare;
107 (2) standards and procedures for dealing with students who cause disruption in the
108 classroom, on school grounds, on school vehicles, or in connection with school-related
109 activities or events;
110 (3) procedures for the development of remedial discipline plans for students who cause
111 a disruption at any of the places referred to in Subsection (2);
112 (4) procedures for the use of reasonable and necessary physical restraint [
113 dealing with [
114 Section 53A-11-802;
115 (5) standards and procedures for dealing with student conduct in locations other than
116 those referred to in Subsection (2), if the conduct threatens harm or does harm to:
117 (a) the school;
118 (b) school property;
119 (c) a person associated with the school; or
120 (d) property associated with a person described in Subsection (5)(c);
121 (6) procedures for the imposition of disciplinary sanctions, including suspension and
123 (7) specific provisions, consistent with Section 53A-15-603, for preventing and
124 responding to gang-related activities in the school, on school grounds, on school vehicles, or in
125 connection with school-related activities or events;
126 (8) standards and procedures for dealing with habitual disruptive or unsafe student
127 behavior in accordance with the provisions of this part; and
128 (9) procedures for responding to reports received through the School Safety and Crisis
129 Line under Subsection 53A-11-1503(3).
130 Section 5. Section 62A-4a-1002 is amended to read:
131 62A-4a-1002. Definitions.
132 As used in this part:
133 (1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
135 (i) if committed by a person 18 years of age or older:
136 (A) chronic abuse;
137 (B) severe abuse;
138 (C) sexual abuse;
139 (D) sexual exploitation;
140 (E) abandonment;
141 (F) chronic neglect; or
142 (G) severe neglect; or
143 (ii) if committed by a person under the age of 18:
144 (A) serious physical injury, as defined in Subsection 76-5-109(1), to another child
145 which indicates a significant risk to other children; or
146 (B) sexual behavior with or upon another child which indicates a significant risk to
147 other children.
148 (b) "Severe type of child abuse or neglect" does not include:
149 (i) the use of reasonable and necessary physical restraint [
150 accordance with Subsection 53A-11-802(2) or Section 76-2-401;
151 (ii) a person's conduct that:
152 (A) is justified under Section 76-2-401; or
153 (B) constitutes the use of reasonable and necessary physical restraint or force in
154 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
155 other dangerous object in the possession or under the control of a child or to protect the child or
156 another person from physical injury; or
157 (iii) a health care decision made for a child by the child's parent or guardian, unless,
158 subject to Subsection 62A-4a-1004(2), the state or other party to the proceeding shows, by
159 clear and convincing evidence, that the health care decision is not reasonable and informed.
160 (2) "Significant risk" means a risk of harm that is determined to be significant in
161 accordance with risk assessment tools and rules established by the division that focus on:
162 (a) age;
163 (b) social factors;
164 (c) emotional factors;
165 (d) sexual factors;
166 (e) intellectual factors;
167 (f) family risk factors; and
168 (g) other related considerations.
Legislative Review Note
Office of Legislative Research and General Counsel