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7 LONG TITLE
8 General Description:
9 This bill requires the State Board of Education to compile an annual report regarding
10 law enforcement and disciplinary action.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the State Board of Education to work with school districts, charter schools,
14 and law enforcement agencies to compile an annual report regarding:
15 • certain law enforcement actions related to minors;
16 • certain disciplinary actions related to students; and
17 • statewide information regarding the race, gender, age, and disability status of a
18 minor or student involved in certain law enforcement and disciplinary actions.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 53E-3-516, Utah Code Annotated 1953
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53E-3-516 is enacted to read:
29 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
30 authority.
31 (1) As used in this section:
32 (a) "Disciplinary action" means an action by a public school meant to formally
33 discipline a student of that public school that includes a suspension or expulsion.
34 (b) "Law enforcement agency" means the same as that term is defined in Section
35 77-7a-103.
36 (c) "Minor" means the same as that term is defined in Section 53G-6-201.
37 (d) "Other law enforcement activity" means a significant law enforcement interaction
38 with a minor that does not result in an arrest, including:
39 (i) a search and seizure by an SRO;
40 (ii) issuance of a criminal citation;
41 (iii) issuance of a ticket or summons;
42 (iv) filing a delinquency petition; or
43 (v) referral to a probation officer.
44 (e) "School is in session" means the hours of a day during which a public school
45 conducts instruction for which student attendance is counted toward calculating average daily
46 membership.
47 (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
48 clinic, or other event or activity that is authorized by a specific public school, according to local
49 board policy, and satisfies at least one of the following conditions:
50 (A) the activity is managed or supervised by a school district, public school, or public
51 school employee;
52 (B) the activity uses the school district or public school facilities, equipment, or other
53 school resources; or
54 (C) the activity is supported or subsidized, more than inconsequentially, by public
55 funds, including the public school's activity funds or minimum school program dollars.
56 (ii) "School-sponsored activity" includes preparation for and involvement in a public
57 performance, contest, athletic competition, demonstration, display, or club activity.
58 (g) "Student resource officer" or "SRO" means the same as that term is defined in
59 Section 53G-8-701.
60 (2) Beginning on July 1, 2020, the State Board of Education, in collaboration with
61 school districts, charter schools, and law enforcement agencies, shall develop an annual report
62 regarding the following incidents that occur on school grounds while school is in session or
63 during a school-sponsored activity:
64 (a) arrests of a minor;
65 (b) other law enforcement activities; and
66 (c) disciplinary actions.
67 (3) The report described in Subsection (2) shall include the following information by
68 school district and charter school:
69 (a) the number of arrests of a minor, including the reason why the minor was arrested;
70 (b) the number of other law enforcement activities, including the following information
71 for each incident:
72 (i) the reason for the other law enforcement activity; and
73 (ii) the type of other law enforcement activity used;
74 (c) the number of disciplinary actions imposed, including:
75 (i) the reason for the disciplinary action; and
76 (ii) the type of disciplinary action; and
77 (d) the number of SROs employed.
78 (4) The report described in Subsection (2) shall include the following information, in
79 aggregate, for each element described in Subsections (3)(a) through (c):
80 (a) age;
81 (b) grade level;
82 (c) race;
83 (d) sex; and
84 (e) disability status.
85 (5) Information included in the annual report described in Subsection (2) shall comply
86 with:
87 (a) Chapter 9, Part 3, Student Data Protection Act;
88 (b) Chapter 9, Part 2, Student Privacy; and
89 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
90 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
91 State Board of Education shall make rules to compile the report described in Subsection (2).
92 (7) The State Board of Education shall provide the report described in Subsection (2)
93 to the Education Interim Committee before November 1 of each year for incidents that
94 occurred during the previous school year.