Senator Luz Escamilla proposes the following substitute bill:


1     
BULLYING AND HAZING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Luz Escamilla

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions related to bullying and hazing of school employees and
10     students.
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;
24     and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a coordination clause.
30     Utah Code Sections Affected:
31     AMENDS:
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
42     

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:
47          [(1) (a) "Bullying" means intentionally or knowingly committing an act that:]
48          [(i) (A) endangers the physical health or safety of a school employee or student;]
49          [(B) involves any brutality of a physical nature such as whipping, beating, branding,
50     calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
51     exposure to the elements;]
52          [(C) involves consumption of any food, liquor, drug, or other substance;]
53          [(D) involves other physical activity that endangers the physical health and safety of a
54     school employee or student; or]
55          [(E) involves physically obstructing a school employee's or student's freedom to move;
56     and]
57          [(ii) is done for the purpose of placing a school employee or student in fear of:]
58          [(A) physical harm to the school employee or student; or]
59          [(B) harm to property of the school employee or student.]
60          [(b) The conduct described in Subsection (1)(a) constitutes bullying, regardless of
61     whether the person against whom the conduct is committed directed, consented to, or
62     acquiesced in, the conduct.]
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
72     to:
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
78     electronic.
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.
84          [(4) "Harassment" means repeatedly communicating to another individual, in an
85     objectively demeaning or disparaging manner, statements that contribute to a hostile learning
86     or work environment for the individual.]
87          [(5)] (4) (a) "Hazing" means a school employee or student intentionally [or],
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
91     student;
92          (B) involves any brutality of a physical nature [such as], including whipping, beating,
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, [liquor] alcoholic product, drug, or other
96     substance[; (D) involves] or other physical activity that endangers the mental or physical health
97     and safety of a school employee or student; or
98          [(E)] (D) involves [physically obstructing a school employee's or student's freedom to
99     move] any activity that would subject a school employee or student to extreme mental stress,
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 [done] committed for the purpose of initiation [or] into, admission into,
103     affiliation with, holding office in, or as a condition for[,] membership [or acceptance, or
104     continued membership or acceptance,] in [any] a school or school sponsored team,
105     organization, program, club, or event; or
106          [(B) if the person committing the act against a school employee or student knew that
107     the school employee or student is a member of, or candidate for, membership with a school, or
108     school sponsored team, organization, program, or event to which the person committing the act
109     belongs to or participates in.]
110          (B) is directed toward a school employee or student who 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 [(5)] (4)(a) constitutes hazing, regardless of
115     whether the [person] school employee or student against whom the conduct is committed
116     directed, consented to, or acquiesced in, the conduct.
117          [(6)] (5) "Policy" means a bullying, cyber-bullying, retaliation, and hazing policy
118     described in Section 53A-11a-301.
119          [(7)] (6) "Retaliate" means an act or communication intended:
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.
123          [(8)] (7) "School" means [any] a public elementary or secondary school [or], including
124     a charter school.
125          [(9)] (8) "School board" means:
126          (a) a local school board; or
127          (b) a [local] charter school governing board.
128          [(10)] (9) "School employee" means an individual working in the individual's official
129     capacity as:
130          (a) a school [teachers] teacher;
131          (b) a school staff member;
132          (c) a school [administrators; and] administrator; or
133          (d) [all others] an individual:
134          (i) who is employed, directly or indirectly, by [the] a school, school board, or school
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) [No] A school employee or student may not engage in bullying [or harassing] a
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) [No] A school employee or student may not engage in hazing or cyber-bullying a
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) [No] A school employee or student may not engage in retaliation against:
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,
155     [harassment,] hazing, or retaliation.
156          (2) [No] A school employee or student may not make a false allegation of bullying,
157     cyber-bullying, [harassment,] hazing, or retaliation against a school employee or student.
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, [harassment,] hazing, or retaliation[,] of the incident involving each parent's
165     student.
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) [Federal] the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
174     and
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 -- Signed
192     statement requirement.
193          (1) On or before September 1, [2013, each] 2018, a school board shall update the
194     school board's bullying, cyber-bullying, [harassment,] hazing, and retaliation policy consistent
195     with this chapter.
196          (2) [The] A policy shall:
197          (a) be developed only with input from:
198          (i) students;
199          (ii) parents;
200          (iii) teachers;
201          (iv) school administrators;
202          (v) school staff; or
203          (vi) local law enforcement agencies; and
204          (b) provide protection to a student, regardless of the student's legal status.
205          (3) [The] A policy shall include the following components:
206          (a) definitions of bullying, cyber-bullying, [harassment,] and hazing that are consistent
207     with this chapter;
208          (b) language prohibiting bullying, cyber-bullying, [harassment,] and hazing;
209          (c) language prohibiting retaliation against an individual who reports conduct that is
210     prohibited under this chapter;
211          (d) language prohibiting making a false report of bullying, cyber-bullying,
212     [harassment,] hazing, or retaliation; [and]
213          (e) as required in Section 53A-11a-203, parental notification of:
214          (i) a student's threat to commit suicide; and
215          (ii) an incident of bullying, cyber-bullying, [harassment,] hazing, or retaliation
216     involving the parent's student[.];
217          (f) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
218     retaliation; and
219          (g) a requirement for a signed statement annually, indicating that the individual signing
220     the statement has received the school board's policy, from each:
221          (i) school employee;
222          (ii) student who is at least eight years old; and
223          (iii) parent or guardian of a student enrolled in the charter school or school district.
224          (4) A copy of [the] a policy shall be:
225          (a) included in student conduct handbooks and employee handbooks[.]; and
226          (b) provided to a parent or a guardian of a student enrolled in the charter school or
227     school district.
228          (5) A policy may not permit formal disciplinary action that is based solely on an
229     anonymous report of bullying, cyber-bullying, [harassment,] hazing, or retaliation.
230          (6) Nothing in this chapter is intended to infringe upon the right of a school employee
231     or student to exercise their right of free speech.
232          Section 6. Section 53A-11a-302 is amended to read:
233          53A-11a-302. Model policy and State Board of Education duties.
234          (1) On or before September 1, [2013] 2018, the State Board of Education shall:
235          [(1)] (a) update the State Board of Education's model policy on bullying,
236     cyber-bullying, [harassment,] hazing, and retaliation; and
237          [(2)] (b) post the model policy described in Subsection (1)(a) on the State Board of
238     Education's website.
239          (2) The State Board of Education shall require a school board to report annually to the
240     State Board of Education on:
241          (a) the school board's policy, including implementation of the signed statement
242     requirement described in Subsection 53A-11a-301(3)(g);
243          (b) the school board's training of school employees relating to bullying, cyber-bullying,
244     hazing, and retaliation described in Section 53A-11a-401; and
245          (c) other information related to this chapter, as determined by the State Board of
246     Education.
247          Section 7. Section 53A-11a-401 is amended to read:
248          53A-11a-401. Training, education, and prevention-- Standards.
249          (1) A school board shall include in the training of a school employee[,] training
250     regarding bullying, cyber-bullying, [harassment,] hazing, and retaliation that meets the
251     standards described in Subsection (4).
252          (2) To the extent that state or federal funding is available for this purpose, school
253     boards are encouraged to implement programs or initiatives, in addition to the training
254     described in Subsection (1), to provide for training and education regarding, and the prevention
255     of, bullying, hazing, and retaliation.
256          (3) The programs or initiatives described in Subsection (2) may involve:
257          (a) the establishment of a bullying task force; or
258          (b) the involvement of school employees, students, or law enforcement.
259          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
260     State Board of Education shall makes rules that establish standards for high quality training
261     related to bullying, cyber-bullying, hazing, and retaliation.
262          Section 8. Section 53A-11a-402 is amended to read:
263          53A-11a-402. Other forms of legal redress.
264          (1) Nothing in this chapter prohibits a victim of bullying, cyber-bullying, [harassment,]
265     hazing, or retaliation from seeking legal redress under any other provisions of civil or criminal
266     law.
267          (2) This section does not create or alter tort liability.
268          Section 9. Coordinating S.B. 161 with H.B. 62 -- Substantive and technical
269     amendments.
270          If this S.B. 161 and H.B. 62, Educator Rights Amendments, both pass and become law,
271     it is the intent of the Legislature that the Office of Legislative Research and General Counsel
272     shall prepare the Utah Code database for publication by modifying Subsection 53A-11a-401(4)
273     to read:
274          "(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
275     State Board of Education shall makes rules that establish standards for high quality training
276     related to bullying, cyber-bullying, hazing, abusive conduct, and retaliation."