7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to bullying and hazing of school employees and
11 Highlighted Provisions:
12 This bill:
13 ▸ amends definitions related to bullying and hazing;
14 ▸ requires a school board to update the school board's policy regarding bullying,
15 cyber-bullying, hazing, and retaliation by September 1, 2018;
16 ▸ requires employees, students, and parents to sign a statement annually
17 acknowledging receipt of the school board's policy;
18 ▸ requires the State Board of Education to require a school board to report on
19 provisions related to bullying, cyber-bullying, hazing, and retaliation;
20 ▸ requires the State Board of Education to make rules describing standards for
21 training regarding bullying, cyber-bullying, hazing, and retaliation;
22 ▸ requires that the training of school employees related to bullying, cyber-bullying,
23 hazing, and retaliation meets standards described in State Board of Education rule;
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
29 This bill provides a coordination clause.
30 Utah Code Sections Affected:
32 53A-11a-102, as last amended by Laws of Utah 2011, Chapter 235
33 53A-11a-201, as last amended by Laws of Utah 2011, Chapter 235
34 53A-11a-202, as last amended by Laws of Utah 2011, Chapter 235
35 53A-11a-203, as last amended by Laws of Utah 2016, Chapter 221
36 53A-11a-301, as last amended by Laws of Utah 2013, Chapter 335
37 53A-11a-302, as last amended by Laws of Utah 2013, Chapter 335
38 53A-11a-401, as last amended by Laws of Utah 2011, Chapter 235
39 53A-11a-402, as last amended by Laws of Utah 2011, Chapter 235
40 Utah Code Sections Affected by Coordination Clause:
41 53A-11a-401, as last amended by Laws of Utah 2011, Chapter 235
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 53A-11a-102 is amended to read:
45 53A-11a-102. Definitions.
46 As used in this chapter:
63 (1) "Bullying" means a school employee or student intentionally committing a written,
64 verbal, or physical act against a school employee or student that a reasonable person under the
65 circumstances should know or reasonably foresee will have the effect of:
66 (a) causing physical or emotional harm to the school employee or student;
67 (b) causing damage to the school employee's or student's property;
68 (c) placing the school employee or student in reasonable fear of:
69 (i) harm to the school employee's or student's physical or emotional well-being; or
70 (ii) damage to the school employee's or student's property;
71 (d) creating a hostile, threatening, humiliating, or abusive educational environment due
73 (i) the pervasiveness, persistence, or severity of the actions; or
74 (ii) a power differential between the bully and the target; or
75 (e) substantially interfering with a student having a safe school environment that is
76 necessary to facilitate educational performance, opportunities, or benefits.
77 (2) "Communication" means the conveyance of a message, whether verbal, written, or
79 (3) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
80 or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
81 the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
82 the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
83 electronic communication.
88 knowingly, or recklessly committing an act or causing another individual to commit an act
89 toward a school employee or student that:
90 (i) (A) endangers the mental or physical health or safety of a school employee or
92 (B) involves any brutality of a physical nature [
93 branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body,
94 or exposure to the elements;
95 (C) involves consumption of any food, [
97 and safety of a school employee or student; or
100 such as sleep deprivation, extended isolation from social contact, or conduct that subjects a
101 school employee or student to extreme embarrassment, shame, or humiliation; and
102 (ii) (A) is [
103 affiliation with, holding office in, or as a condition for[
105 organization, program, club, or event; or
110 (B) is directed toward a school employee or student whom the individual who commits
111 the act knows, at the time the act is committed, is a member of, or candidate for membership
112 in, a school or school sponsored team, organization, program, club, or event in which the
113 individual who commits the act also participates.
114 (b) The conduct described in Subsection [
115 whether the [
116 directed, consented to, or acquiesced in, the conduct.
118 described in Section 53A-11a-301.
120 (a) as retribution against a person for reporting bullying or hazing; or
121 (b) to improperly influence the investigation of, or the response to, a report of bullying
122 or hazing.
124 a charter school.
126 (a) a local school board; or
127 (b) a [
129 capacity as:
130 (a) a school [
131 (b) a school staff member;
132 (c) a school [
133 (d) [
134 (i) who is employed, directly or indirectly, by [
135 district; and
136 (ii) who works on a school campus.
137 Section 2. Section 53A-11a-201 is amended to read:
138 53A-11a-201. Bullying, hazing, and cyber-bullying prohibited.
139 (1) [
140 school employee or student:
141 (a) on school property;
142 (b) at a school related or sponsored event;
143 (c) on a school bus;
144 (d) at a school bus stop; or
145 (e) while the school employee or student is traveling to or from a location or event
146 described in Subsections (1)(a) through (d).
147 (2) [
148 school employee or student at any time or in any location.
149 Section 3. Section 53A-11a-202 is amended to read:
150 53A-11a-202. Retaliation and making a false allegation prohibited.
151 (1) [
152 (a) a school employee;
153 (b) a student; or
154 (c) an investigator for, or a witness of, an alleged incident of bullying, cyber-bullying,
156 (2) [
157 cyber-bullying, [
158 Section 4. Section 53A-11a-203 is amended to read:
159 53A-11a-203. Parental notification of certain incidents and threats required.
160 (1) For purposes of this section, "parent" includes a student's guardian.
161 (2) A school shall:
162 (a) notify a parent if the parent's student threatens to commit suicide; or
163 (b) notify the parents of each student involved in an incident of bullying,
164 cyber-bullying, [
166 (3) (a) If a school notifies a parent of an incident or threat required to be reported under
167 Subsection (2), the school shall produce and maintain a record that verifies that the parent was
168 notified of the incident or threat.
169 (b) A school shall maintain a record described in Subsection (3)(a) in accordance with
170 the requirements of:
171 (i) Chapter 1, Part 14, Student Data Protection Act;
172 (ii) Sections 53A-13-301 and 53A-13-302;
173 (iii) [
175 (iv) 34 C.F.R. Part 99.
176 (4) A local school board or charter school governing board shall adopt a policy
177 regarding the process for:
178 (a) notifying a parent as required in Subsection (2); and
179 (b) producing and retaining a record that verifies that a parent was notified of an
180 incident or threat as required in Subsection (3).
181 (5) At the request of a parent, a school may provide information and make
182 recommendations related to an incident or threat described in Subsection (2).
183 (6) A school shall:
184 (a) provide a student a copy of a record maintained in accordance with this section that
185 relates to the student if the student requests a copy of the record; and
186 (b) expunge a record maintained in accordance with this section that relates to a
187 student if the student:
188 (i) has graduated from high school; and
189 (ii) requests the record be expunged.
190 Section 5. Section 53A-11a-301 is amended to read:
191 53A-11a-301. Bullying, cyber-bullying, hazing, and retaliation policy.
192 (1) On or before September 1, [
193 school board's bullying, cyber-bullying, [
194 with this chapter.
195 (2) [
196 (a) be developed only with input from:
197 (i) students;
198 (ii) parents;
199 (iii) teachers;
200 (iv) school administrators;
201 (v) school staff; or
202 (vi) local law enforcement agencies; and
203 (b) provide protection to a student, regardless of the student's legal status.
204 (3) [
205 (a) definitions of bullying, cyber-bullying, [
206 with this chapter;
207 (b) language prohibiting bullying, cyber-bullying, [
208 (c) language prohibiting retaliation against an individual who reports conduct that is
209 prohibited under this chapter;
210 (d) language prohibiting making a false report of bullying, cyber-bullying,
212 (e) as required in Section 53A-11a-203, parental notification of:
213 (i) a student's threat to commit suicide; and
214 (ii) an incident of bullying, cyber-bullying, [
215 involving the parent's student[
216 (f) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
217 retaliation; and
218 (g) a requirement for a signed statement annually, indicating that the individual signing
219 the statement has received the school board's policy, from each:
220 (i) school employee;
221 (ii) student who is at least eight years old; and
222 (iii) parent or guardian of a student enrolled in the charter school or school district.
223 (4) A copy of [
224 (a) included in student conduct handbooks and employee handbooks[
225 (b) provided to a parent or a guardian of a student enrolled in the charter school or
226 school district.
227 (5) A policy may not permit formal disciplinary action that is based solely on an
228 anonymous report of bullying, cyber-bullying, [
229 (6) Nothing in this chapter is intended to infringe upon the right of a school employee
230 or student to exercise their right of free speech.
231 Section 6. Section 53A-11a-302 is amended to read:
232 53A-11a-302. Model policy and State Board of Education duties.
233 (1) On or before September 1, [
235 cyber-bullying, [
237 Education's website.
238 (2) The State Board of Education shall require a school board to report annually to the
239 State Board of Education on:
240 (a) the school board's policy, including implementation of the signed statement
241 requirement described in Subsection 53A-11a-301(3)(g);
242 (b) the school board's training of school employees relating to bullying, cyber-bullying,
243 hazing, and retaliation described in Section 53A-11a-401; and
244 (c) other information related to this chapter, as determined by the State Board of
246 Section 7. Section 53A-11a-401 is amended to read:
247 53A-11a-401. Training, education, and prevention -- Standards.
248 (1) A school board shall include in the training of a school employee[
249 regarding bullying, cyber-bullying, [
250 standards described in Subsection (4).
251 (2) To the extent that state or federal funding is available for this purpose, school
252 boards are encouraged to implement programs or initiatives, in addition to the training
253 described in Subsection (1), to provide for training and education regarding, and the prevention
254 of, bullying, hazing, and retaliation.
255 (3) The programs or initiatives described in Subsection (2) may involve:
256 (a) the establishment of a bullying task force; or
257 (b) the involvement of school employees, students, or law enforcement.
258 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
259 State Board of Education shall makes rules that establish standards for high quality training
260 related to bullying, cyber-bullying, hazing, and retaliation.
261 Section 8. Section 53A-11a-402 is amended to read:
262 53A-11a-402. Other forms of legal redress.
263 (1) Nothing in this chapter prohibits a victim of bullying, cyber-bullying, [
264 hazing, or retaliation from seeking legal redress under any other provisions of civil or criminal
266 (2) This section does not create or alter tort liability.
267 Section 9. Coordinating S.B. 161 with H.B. 62 -- Substantive and technical
269 If this S.B. 161 and H.B. 62, Educator Rights Amendments, both pass and become law,
270 it is the intent of the Legislature that the Office of Legislative Research and General Counsel
271 shall prepare the Utah Code database for publication by modifying Subsection 53A-11a-401(4)
272 to read:
273 "(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
274 State Board of Education shall makes rules that establish standards for high quality training
275 related to bullying, cyber-bullying, hazing, abusive conduct, and retaliation."