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 damages
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 19 and receiving educational services; or
51 (b) under the age of 23 and receiving educational services as an individual 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.
77 (6) This section does not apply to a law enforcement officer as defined in Section
79 Section 3. Section 53A-11-806 is amended to read:
80 53A-11-806. Defacing or damaging school property -- Student's liability -- Work
81 program alternative.
82 (1) [
83 property may be suspended or otherwise disciplined.
84 (2) (a) [
85 defaced, or otherwise [
86 official written grade [
87 responsible for the damage or loss until the student or the student's parent or guardian has paid
88 for the damages.
89 (b) The student's parent or guardian is liable for damages as otherwise provided in
90 Section 78A-6-1113.
91 (3) (a) If the student and the student's parent or guardian are unable to pay for the
92 damages or if it is determined by the school in consultation with the student's [
93 or guardian that the student's interests would not be served if the [
94 were to pay for the damages, [
96 (b) The [
97 student upon completion of the [
98 (4) Before any penalties are assessed under this section, the [
99 shall adopt procedures to [
100 (5) No penalty may be assessed for damages which may be reasonably attributed to
101 normal wear and tear.
102 (6) If the Department of Human Services or a licensed child-placing agency has been
103 granted custody of the student, [
104 agency, may not be withheld from the department or agency for nonpayment of damages under
105 this section.
106 Section 4. Section 53A-11-902 is amended to read:
107 53A-11-902. Conduct and discipline policies and procedures.
108 The conduct and discipline policies required under Section 53A-11-901 shall include:
109 (1) provisions governing student conduct, safety, and welfare;
110 (2) standards and procedures for dealing with students who cause disruption in the
111 classroom, on school grounds, on school vehicles, or in connection with school-related
112 activities or events;
113 (3) procedures for the development of remedial discipline plans for students who cause
114 a disruption at any of the places referred to in Subsection (2);
115 (4) procedures for the use of reasonable and necessary physical restraint [
116 dealing with [
117 Section 53A-11-802;
118 (5) standards and procedures for dealing with student conduct in locations other than
119 those referred to in Subsection (2), if the conduct threatens harm or does harm to:
120 (a) the school;
121 (b) school property;
122 (c) a person associated with the school; or
123 (d) property associated with a person described in Subsection (5)(c);
124 (6) procedures for the imposition of disciplinary sanctions, including suspension and
126 (7) specific provisions, consistent with Section 53A-15-603, for preventing and
127 responding to gang-related activities in the school, on school grounds, on school vehicles, or in
128 connection with school-related activities or events;
129 (8) standards and procedures for dealing with habitual disruptive or unsafe student
130 behavior in accordance with the provisions of this part; and
131 (9) procedures for responding to reports received through the School Safety and Crisis
132 Line under Subsection 53A-11-1503(3).
133 Section 5. Section 62A-4a-1002 is amended to read:
134 62A-4a-1002. Definitions.
135 As used in this part:
136 (1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
138 (i) if committed by a person 18 years of age or older:
139 (A) chronic abuse;
140 (B) severe abuse;
141 (C) sexual abuse;
142 (D) sexual exploitation;
143 (E) abandonment;
144 (F) chronic neglect; or
145 (G) severe neglect; or
146 (ii) if committed by a person under the age of 18:
147 (A) serious physical injury, as defined in Subsection 76-5-109(1), to another child
148 which indicates a significant risk to other children; or
149 (B) sexual behavior with or upon another child which indicates a significant risk to
150 other children.
151 (b) "Severe type of child abuse or neglect" does not include:
152 (i) the use of reasonable and necessary physical restraint [
153 accordance with Subsection 53A-11-802(2) or Section 76-2-401;
154 (ii) a person's conduct that:
155 (A) is justified under Section 76-2-401; or
156 (B) constitutes the use of reasonable and necessary physical restraint or force in
157 self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
158 other dangerous object in the possession or under the control of a child or to protect the child or
159 another person from physical injury; or
160 (iii) a health care decision made for a child by the child's parent or guardian, unless,
161 subject to Subsection 62A-4a-1004(2), the state or other party to the proceeding shows, by
162 clear and convincing evidence, that the health care decision is not reasonable and informed.
163 (2) "Significant risk" means a risk of harm that is determined to be significant in
164 accordance with risk assessment tools and rules established by the division that focus on:
165 (a) age;
166 (b) social factors;
167 (c) emotional factors;
168 (d) sexual factors;
169 (e) intellectual factors;
170 (f) family risk factors; and
171 (g) other related considerations.