Chief Sponsor: Jacob L. Anderegg

House Sponsor: Brian M. Greene


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

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 -- Data collection --
30     Reports -- Rulemaking 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, including 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) questioning by an SRO;
41          (iii) issuance of a criminal citation;
42          (iv) issuance of a ticket or summons;
43          (v) filing a delinquency petition; or
44          (vi) referral to a probation officer.
45          (e) "School is in session" means the hours of a day during which a public school
46     conducts instruction for which student attendance is counted toward calculating average daily
47     membership.
48          (f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
49     clinic, or other event or activity that is authorized by a specific public school, according to local
50     board policy, and satisfies at least one of the following conditions:
51          (A) the activity is managed or supervised by a school district, public school, or public
52     school employee;
53          (B) the activity uses the school district or public school facilities, equipment, or other
54     school resources; or
55          (C) the activity is supported or subsidized, more than inconsequentially, by public
56     funds, including the public school's activity funds or minimum school program dollars.
57          (ii) "School-sponsored activity" includes preparation for and involvement in a public
58     performance, contest, athletic competition, demonstration, display, or club activity.

59          (g) "Student resource officer" or "SRO" means the same as that term is defined in
60     Section 53G-8-701.
61          (2) Beginning on January 1, 2019, the State Board of Education, in collaboration with
62     school districts, charter schools, and law enforcement agencies, shall develop an annual report
63     regarding the following incidents that occur on school grounds while school is in session or
64     during a school-sponsored activity:
65          (a) arrests of a minor;
66          (b) other law enforcement activities; and
67          (c) disciplinary actions.
68          (3) The report described in Subsection (2) shall include the following information by
69     school district and charter school:
70          (a) the number of arrests of a minor, including the reason why the minor was arrested;
71          (b) the number of other law enforcement activities, including the following information
72     for each incident:
73          (i) the reason for the other law enforcement activity; and
74          (ii) the type of other law enforcement activity used;
75          (c) the number of disciplinary actions imposed, including:
76          (i) the reason for the disciplinary action; and
77          (ii) the type of disciplinary action;
78          (d) the number of SROs employed; and
79          (e) the number and type of complaints filed against SROs.
80          (4) The report described in Subsection (2) shall include the following information, in
81     aggregate, for each element described in Subsections (3)(a) through (c):
82          (a) age;
83          (b) grade level;
84          (c) race;
85          (d) sex; and
86          (e) disability status.
87          (5) Information included in the annual report described in Subsection (2) shall comply
88     with:
89          (a) Chapter 9, Part 3, Student Data Protection Act;

90          (b) Chapter 9, Part 2, Student Privacy; and
91          (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
92          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
93     State Board of Education shall make rules to compile the report described in Subsection (2).
94          (7) The State Board of Education shall provide the report described in Subsection (2)
95     to the Education Interim Committee before November 1 of each year for incidents that
96     occurred during the previous school year.

Legislative Review Note
Office of Legislative Research and General Counsel