This document includes House Committee Amendments incorporated into the bill on Fri, Feb 14, 2020 at 8:18 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill addresses student use of alcohol, tobacco, electronic cigarette products, and
10 other substances through education and prevention programs and discipline policies.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires local school boards to adopt discipline policies to address possession and
15 use of electronic cigarette products on school grounds;
16 ▸ renames the Underage Drinking Prevention Program the Underage Drinking and
17 Substance Abuse Prevention Program;
18 ▸ adds a requirement to teach a school-based prevention program for students in grade
19 4 or 5;
20 ▸ adds a requirement to include education about the risks of electronic cigarette
21 products in a school-based prevention program;
22 ▸ requires schools to create a plan to address the causes of student use of tobacco,
23 alcohol, electronic cigarette products, and controlled substances;
24 ▸ creates a stipend for a specialist to administer the plan; and
25 ▸ requires the state board to establish a library of best practices.
26 Money Appropriated in this Bill:
27 This bill appropriates:
28 ▸ to State Board of Education - State Administrative Office:
29 • from the Education Fund $5,084,200.
30 Other Special Clauses:
31 This bill provides a special effective date.
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 53F-9-304, as last amended by Laws of Utah 2019, Chapter 186
36 53G-1-103, as enacted by Laws of Utah 2018, Chapter 3
37 53G-7-1202, as last amended by Laws of Utah 2019, Chapters 150, 293, and 505
38 53G-7-1205, as last amended by Laws of Utah 2019, Chapters 150, 167, and 293
39 53G-8-203, as last amended by Laws of Utah 2019, Chapters 293 and 446
40 53G-8-209, as last amended by Laws of Utah 2019, Chapter 293
41 53G-8-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
42 53G-8-508, as last amended by Laws of Utah 2019, Chapter 293
43 53G-10-405, as last amended by Laws of Utah 2019, Chapter 293
44 53G-10-406, as last amended by Laws of Utah 2019, Chapter 293
45 ENACTS:
46 53G-10-407, Utah Code Annotated 1953
47 Utah Code Sections Affected by Coordination Clause:
48 53G-1-103, as enacted by Laws of Utah 2018, Chapter 3
49 Appropriation Affected by Coordination Clause:
50 Uncodified Section 12, Appropriation
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52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53F-9-304 is amended to read:
54 53F-9-304. Underage Drinking and Substance Abuse Prevention Program
55 Restricted Account.
56 (1) As used in this section, "account" means the Underage Drinking and Substance
57 Abuse Prevention Program Restricted Account created in this section.
58 (2) There is created within the Education Fund a restricted account known as the
59 "Underage Drinking and Substance Abuse Prevention Program Restricted Account."
60 (3) (a) Before the Department of Alcoholic Beverage Control deposits any portion of
61 the markup collected under Section 32B-2-304 into the Liquor Control Fund in accordance
62 with Section 32B-2-301, the Department of Alcoholic Beverage Control shall deposit into the
63 account:
64 (i) for the fiscal year that begins July 1, 2017, $1,750,000; or
65 (ii) for each fiscal year that begins on or after July 1, 2018, an amount equal to the
66 amount that the Department of Alcoholic Beverage Control deposited into the account during
67 the preceding fiscal year increased or decreased by a percentage equal to the percentage
68 difference between the Consumer Price Index for the second preceding calendar year and the
69 Consumer Price Index for the preceding calendar year.
70 (b) For purposes of this Subsection (3), the Department of Alcoholic Beverage Control
71 shall calculate the Consumer Price Index in accordance with 26 U.S.C. Secs. 1(f)(4) and
72 1(f)(5).
73 (4) The account shall be funded:
74 (a) in accordance with Subsection (3);
75 (b) by appropriations made to the account by the Legislature; and
76 (c) by interest earned on money in the account.
77 (5) The state board shall use money in the account for the Underage Drinking and
78 Substance Abuse Prevention Program described in Section 53G-10-406.
79 Section 2. Section 53G-1-103 is amended to read:
80 53G-1-103. Definitions.
81 [
82 As used in this title, "electronic cigarette product" means "electronic cigarette" as that
83 term is defined in Section 76-10-101.
84 Section 3. Section 53G-7-1202 is amended to read:
85 53G-7-1202. School community councils -- Duties -- Composition -- Election
86 procedures and selection of members.
87 (1) As used in this section:
88 (a) "Digital citizenship" means the norms of appropriate, responsible, and healthy
89 behavior related to technology use, including digital literacy, ethics, etiquette, and security.
90 (b) "Educator" means the same as that term is defined in Section 53E-6-102.
91 (c) (i) "Parent member" means a member of a school community council who is a
92 parent of a student who:
93 (A) is attending the school; or
94 (B) will be enrolled at the school during the parent's term of office.
95 (ii) "Parent member" may not include an educator who is employed at the school.
96 (d) "Safety principles" means safety principles that, when incorporated into programs
97 and resources, impact academic achievement by strengthening a safe and wholesome learning
98 environment, including continual efforts for safe technology utilization and digital citizenship.
99 (e) "School community council" means a council established at a district school in
100 accordance with this section.
101 (f) "School employee member" means a member of a school community council who is
102 a person employed at the school by the school or school district, including the principal.
103 (g) "School LAND Trust Program money" means money allocated to a school pursuant
104 to Section 53F-2-404.
105 (2) A district school, in consultation with the district school's local school board, shall
106 establish a school community council at the school building level for the purpose of:
107 (a) involving parents of students in decision making at the school level;
108 (b) improving the education of students;
109 (c) prudently expending School LAND Trust Program money for the improvement of
110 students' education through collaboration among parents, school employees, and the local
111 school board; and
112 (d) increasing public awareness of:
113 (i) school trust lands and related land policies;
114 (ii) management of the State School Fund established in Utah Constitution Article X,
115 Section V; and
116 (iii) educational excellence.
117 (3) (a) Except as provided in Subsection (3)(b), a school community council shall:
118 (i) create the School LAND Trust Program and LAND Trust plan in accordance with
119 Section 53G-7-1206;
120 (ii) advise and make recommendations to school and school district administrators and
121 the local school board regarding:
122 (A) the school and its programs;
123 (B) school district programs;
124 (C) a child access routing plan in accordance with Section 53G-4-402;
125 (D) safe technology utilization and digital citizenship; and
126 (E) other issues relating to the community environment for students;
127 (iii) provide for education and awareness on safe technology utilization and digital
128 citizenship that empowers:
129 (A) a student to make smart media and online choices; and
130 (B) a parent to know how to discuss safe technology use with the parent's child;
131 (iv) partner with the school's principal and other administrators to ensure that adequate
132 on and off campus Internet filtering is installed and consistently configured to prevent viewing
133 of harmful content by students and school personnel, in accordance with local school board
134 policy and Subsection 53G-7-216(3); [
135 (v) in accordance with state board rule regarding school community council
136 expenditures and funding limits:
137 (A) work with students, families, and educators to develop and incorporate safety
138 principles at the school; and
139 (B) hold at least an annual discussion with the school's principal and district
140 administrators regarding safety principles at the school and district level in order to coordinate
141 the school community council's effort to develop and incorporate safety principles at the
142 school[
143 (vi) provide input to the school's principal on a positive behaviors plan in accordance
144 with Section 53G-10-407.
145 (b) To fulfill the school community council's duties described in Subsections (3)(a)(iii)
146 and (iv), a school community council may:
147 (i) partner with one or more non-profit organizations; or
148 (ii) create a subcommittee.
149 (c) A school or school district administrator may not prohibit or discourage a school
150 community council from discussing issues, or offering advice or recommendations, regarding
151 the school and its programs, school district programs, the curriculum, or the community
152 environment for students.
153 (4) (a) Each school community council shall consist of school employee members and
154 parent members in accordance with this section.
155 (b) Except as provided in Subsection (4)(c) or (d):
156 (i) each school community council for a high school shall have six parent members and
157 four school employee members, including the principal; and
158 (ii) each school community council for a school other than a high school shall have
159 four parent members and two school employee members, including the principal.
160 (c) A school community council may determine the size of the school community
161 council by a majority vote of a quorum of the school community council provided that:
162 (i) the membership includes two or more parent members than the number of school
163 employee members; and
164 (ii) there are at least two school employee members on the school community council.
165 (d) (i) The number of parent members of a school community council who are not
166 educators employed by the school district shall exceed the number of parent members who are
167 educators employed by the school district.
168 (ii) If, after an election, the number of parent members who are not educators employed
169 by the school district does not exceed the number of parent members who are educators
170 employed by the school district, the parent members of the school community council shall
171 appoint one or more parent members to the school community council so that the number of
172 parent members who are not educators employed by the school district exceeds the number of
173 parent members who are educators employed by the school district.
174 (5) (a) Except as provided in Subsection (5)(f), a school employee member, other than
175 the principal, shall be elected by secret ballot by a majority vote of the school employees and
176 serve a two-year term. The principal shall serve as an ex officio member with full voting
177 privileges.
178 (b) (i) Except as provided in Subsection (5)(f), a parent member shall be elected by
179 secret ballot at an election held at the school by a majority vote of those voting at the election
180 and serve a two-year term.
181 (ii) (A) Except as provided in Subsection (5)(b)(ii)(B), only a parent of a student
182 attending the school may vote in, or run as a candidate in, the election under Subsection
183 (5)(b)(i).
184 (B) If an election is held in the spring, a parent of a student who will be attending the
185 school the following school year may vote in, and run as a candidate in, the election under
186 Subsection (5)(b)(i).
187 (iii) Any parent of a student who meets the qualifications of this section may file or
188 declare the parent's candidacy for election to a school community council.
189 (iv) (A) Subject to Subsections (5)(b)(iv)(B) and (5)(b)(iv)(C), a timeline for the
190 election of parent members of a school community council shall be established by a local
191 school board for the schools within the school district.
192 (B) An election for the parent members of a school community council shall be held
193 near the beginning of the school year or held in the spring and completed before the last week
194 of school.
195 (C) Each school shall establish a time period for the election of parent members of a
196 school community council under Subsection (5)(b)(iv)(B) that is consistent for at least a
197 four-year period.
198 (c) (i) At least 10 days before the date that voting commences for the elections held
199 under Subsections (5)(a) and (5)(b), the principal of the school, or the principal's designee,
200 shall provide notice to each school employee or parent of the opportunity to vote in, and run as
201 a candidate in, an election under this Subsection (5).
202 (ii) The notice shall include:
203 (A) the dates and times of the elections;
204 (B) a list of council positions that are up for election; and
205 (C) instructions for becoming a candidate for a community council position.
206 (iii) The principal of the school, or the principal's designee, shall oversee the elections
207 held under Subsections (5)(a) and (5)(b).
208 (iv) Ballots cast in an election held under Subsection (5)(b) shall be deposited in a
209 secure ballot box.
210 (d) Results of the elections held under Subsections (5)(a) and (5)(b) shall be made
211 available to the public upon request.
212 (e) (i) If a parent position on a school community council remains unfilled after an
213 election is held, the other parent members of the council shall appoint a parent who meets the
214 qualifications of this section to fill the position.
215 (ii) If a school employee position on a school community council remains unfilled after
216 an election is held, the other school employee members of the council shall appoint a school
217 employee to fill the position.
218 (iii) A member appointed to a school community council under Subsection (5)(e)(i) or
219 (ii) shall serve a two-year term.
220 (f) (i) If the number of candidates who file for a parent position or school employee
221 position on a school community council is less than or equal to the number of open positions,
222 an election is not required.
223 (ii) If an election is not held pursuant to Subsection (5)(f)(i) and a parent position
224 remains unfilled, the other parent members of the council shall appoint a parent who meets the
225 qualifications of this section to fill the position.
226 (iii) If an election is not held pursuant to Subsection (5)(f)(i) and a school employee
227 position remains unfilled, the other school employee members of the council shall appoint a
228 school employee who meets the qualifications of this section to fill the position.
229 (g) The principal shall enter the names of the council members on the School LAND
230 Trust website on or before October 20 of each year, pursuant to Section 53G-7-1203.
231 (h) Terms shall be staggered so that approximately half of the council members stand
232 for election each year.
233 (i) A school community council member may serve successive terms provided the
234 member continues to meet the definition of a parent member or school employee member as
235 specified in Subsection (1).
236 (j) Each school community council shall elect:
237 (i) a chair from its parent members; and
238 (ii) a vice chair from either its parent members or school employee members,
239 excluding the principal.
240 (6) (a) A school community council may create subcommittees or task forces to:
241 (i) advise or make recommendations to the council; or
242 (ii) develop all or part of a plan listed in Subsection (3).
243 (b) Any plan or part of a plan developed by a subcommittee or task force shall be
244 subject to the approval of the school community council.
245 (c) A school community council may appoint individuals who are not council members
246 to serve on a subcommittee or task force, including parents, school employees, or other
247 community members.
248 (7) (a) A majority of the members of a school community council is a quorum for the
249 transaction of business.
250 (b) The action of a majority of the members of a quorum is the action of the school
251 community council.
252 (8) A local school board shall provide training for a school community council each
253 year, including training:
254 (a) for the chair and vice chair about their responsibilities;
255 (b) on resources available on the School LAND Trust website; and
256 (c) on this part.
257 Section 4. Section 53G-7-1205 is amended to read:
258 53G-7-1205. Charter trust land councils.
259 (1) As used in this section, "council" means a charter trust land council described in
260 this section.
261 (2) To receive School LAND Trust Program funding as described in Sections
262 53F-2-404 and 53G-7-1206, a charter school governing board shall establish a charter trust
263 land council, which shall prepare a plan for the use of School LAND Trust Program money that
264 includes the elements described in Subsection 53G-7-1206(4).
265 (3) (a) The membership of the council shall include parents or grandparents of students
266 enrolled at the charter school and may include other members.
267 (b) The number of council members who are parents or grandparents of students
268 enrolled at the charter school shall exceed all other members combined by at least two.
269 (4) A charter school governing board may serve as the charter school's council if the
270 membership of the charter school governing board meets the requirements of Subsection (3)(b).
271 (5) (a) Except as provided in Subsection (5)(b), council members who are parents or
272 grandparents of students enrolled at the school shall be elected in accordance with procedures
273 established by the charter school governing board.
274 (b) Subsection (5)(a) does not apply to a charter school governing board that serves as
275 a council.
276 (6) A parent or grandparents of a student enrolled at a charter school shall serve as
277 chair or co-chair of the charter school's council.
278 (7) In accordance with state board rule regarding charter trust land council
279 expenditures and funding limits, a charter trust land council shall:
280 (a) work with students, families, and educators to develop and incorporate safety
281 principles, as defined in Section 53G-7-1202, at the school; and
282 (b) hold at least an annual discussion with charter school administrators to coordinate
283 efforts to develop and incorporate safety principles, as defined in Section 53G-7-1202, at the
284 school level.
285 (8) A charter trust land council shall provide input to the school's principal on a
286 positive behaviors plan in accordance with Section 53G-10-407.
287 Section 5. Section 53G-8-203 is amended to read:
288 53G-8-203. Conduct and discipline policies and procedures.
289 (1) The conduct and discipline policies required under Section 53G-8-202 shall
290 include:
291 (a) provisions governing student conduct, safety, and welfare;
292 (b) standards and procedures for dealing with students who cause disruption in the
293 classroom, on school grounds, on school vehicles, or in connection with school-related
294 activities or events;
295 (c) procedures for the development of remedial discipline plans for students who cause
296 a disruption at any of the places referred to in Subsection (1)(b);
297 (d) procedures for the use of reasonable and necessary physical restraint in dealing with
298 students posing a danger to themselves or others, consistent with Section 53G-8-302;
299 (e) standards and procedures for dealing with student conduct in locations other than
300 those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
301 (i) the school;
302 (ii) school property;
303 (iii) a person associated with the school; or
304 (iv) property associated with a person described in Subsection (1)(e)(iii);
305 (f) procedures for the imposition of disciplinary sanctions, including suspension and
306 expulsion;
307 (g) specific provisions, consistent with Section 53E-3-509, for preventing and
308 responding to gang-related activities in the school, on school grounds, on school vehicles, or in
309 connection with school-related activities or events;
310 (h) standards and procedures for dealing with habitual disruptive or unsafe student
311 behavior in accordance with the provisions of this part; and
312 (i) procedures for responding to reports received through the SafeUT Crisis Line under
313 Subsection 53B-17-1202(3).
314 (2) (a) Each local school board shall establish a policy on detaining students after
315 regular school hours as a part of the district-wide discipline plan required under Section
316 53G-8-202.
317 (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
318 students, grades kindergarten through 6.
319 (ii) The local school board shall receive input from teachers, school administrators, and
320 parents of the affected students before adopting the policy.
321 (c) The policy described in Subsection (2)(a) shall provide for:
322 (i) notice to the parent of a student prior to holding the student after school on a
323 particular day; and
324 (ii) exceptions to the notice provision if detention is necessary for the student's health
325 or safety.
326 (3) (a) Each LEA shall adopt a policy for responding to possession or use of electronic
327 cigarette products by a student on school property.
328 (b) The policy described in Subsection (3)(a) shall:
329 (i) prohibit students from possessing or using electronic cigarette products on school
330 property;
331 (ii) include policies or procedures for the confiscation Ĥ→ or surrender ←Ĥ of electronic
331a cigarette products;
332 and
333 (iii) require Ĥ→ a ←Ĥ school Ĥ→ [
333a designee ←Ĥ to dispose of or destroy a confiscated electronic cigarette
334 product.
335 (c) Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic
336 cigarette product to local law enforcement if:
337 (i) a school official has a reasonable suspicion that a confiscated electronic cigarette
338 product contains an illegal substance; and
339 (ii) local law enforcement requests that the LEA release the confiscated electronic
340 cigarette product to local law enforcement as part of an investigation or action.
341 Section 6. Section 53G-8-209 is amended to read:
342 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of
343 violations -- Limitation of liability.
344 (1) The Legislature recognizes that:
345 (a) participation in student government and extracurricular activities may confer
346 important educational and lifetime benefits upon students, and encourages school districts and
347 charter schools to provide a variety of opportunities for all students to participate in such
348 activities in meaningful ways;
349 (b) there is no constitutional right to participate in these types of activities, and does
350 not through this section or any other provision of law create such a right;
351 (c) students who participate in student government and extracurricular activities,
352 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
353 those activities, become role models for others in the school and community;
354 (d) these individuals often play major roles in establishing standards of acceptable
355 behavior in the school and community, and establishing and maintaining the reputation of the
356 school and the level of community confidence and support afforded the school; and
357 (e) it is of the utmost importance that those involved in student government, whether as
358 officers or advisors, and those involved in competitive athletics and related activities, whether
359 students or staff, comply with all applicable laws and standards of behavior and conduct
360 themselves at all times in a manner befitting their positions and responsibilities.
361 (2) (a) The state board may, and local school boards and charter school governing
362 boards shall, adopt rules or policies implementing this section that apply to both students and
363 staff.
364 (b) The rules or policies described in Subsection (2)(a) shall include prohibitions
365 against the following types of conduct in accordance with Section 53G-8-211, while in the
366 classroom, on school property, during school sponsored activities, or regardless of the location
367 or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i)
368 through (iv):
369 (i) use of foul, abusive, or profane language while engaged in school related activities;
370 (ii) illicit use, possession, or distribution of controlled substances or drug
371 paraphernalia, and the use, possession, or distribution of an electronic cigarette [
372
373 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
374 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
375 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
376 act which would constitute a crime against a person or public order under Utah law.
377 (3) (a) School employees who reasonably believe that a violation of this section may
378 have occurred shall immediately report that belief to the school principal, district
379 superintendent, or chief administrative officer of a charter school.
380 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
381 alleged incident, and actions taken in response, to the district superintendent or the
382 superintendent's designee within 10 working days after receipt of the report.
383 (c) Failure of a person holding a professional certificate to report as required under this
384 Subsection (3) constitutes an unprofessional practice.
385 (4) Limitations of liability set forth under Section 53G-8-405 apply to this section.
386 Section 7. Section 53G-8-505 is amended to read:
387 53G-8-505. Definitions.
388 For purposes of Sections 53G-8-506 through 53G-8-509:
389 (1) The definitions in Sections 58-37-2, 58-37a-3, and 58-37b-2 apply to Sections
390 53G-8-506 through 53G-8-509.
391 (2) "Prohibited act" means:
392 (a) an act punishable under Section 53G-8-602, Section 58-37-8, Section 58-37a-5, or
393 Title 58, Chapter 37b, Imitation Controlled Substances Act[
394 (b) possession of an electronic cigarette product by a student on school property.
395 (3) "School" means a public or private elementary or secondary school.
396 Section 8. Section 53G-8-508 is amended to read:
397 53G-8-508. Admissibility of evidence in civil and criminal actions.
398 (1) Evidence relating to a violation of Section 53G-8-505, 53G-8-506, 53G-8-507, or
399 53G-8-509, which is seized by school authorities acting alone, on their own authority, and not
400 in conjunction with or at the behest of law enforcement authorities is admissible in civil and
401 criminal actions.
402 (2) An LEA shall dispose of or destroy seized electronic cigarette products in
403 accordance with the LEA's policies adopted under Subsection 53G-8-203(3).
404 [
405 the search will turn up evidence of a violation of this part. The measures adopted for the search
406 must be reasonably related to the objectives of the search and not excessively intrusive in light
407 of the circumstances, including the age and sex of the person involved and the nature of the
408 infraction.
409 Section 9. Section 53G-10-405 is amended to read:
410 53G-10-405. Instruction on the harmful effects of alcohol, tobacco, electronic
411 cigarette products, and controlled substances -- Rulemaking authority -- Assistance from
412 the Division of Substance Abuse and Mental Health.
413 (1) The state board shall adopt rules providing for instruction at each grade level on the
414 harmful effects of alcohol, tobacco, electronic cigarette products, and controlled substances
415 upon the human body and society. The rules shall require [
416 the following:
417 (a) teaching of skills needed to evaluate advertisements for, and media portrayal of,
418 alcohol, tobacco, electronic cigarette products, and controlled substances;
419 (b) directing students towards healthy and productive alternatives to the use of alcohol,
420 tobacco, electronic cigarette products, and controlled substances; and
421 (c) discouraging the use of alcohol, tobacco, electronic cigarette products, and
422 controlled substances.
423 (2) At the request of the state board, the Division of Substance Abuse and Mental
424 Health shall cooperate with the state board in developing programs to provide this instruction.
425 (3) The state board shall participate in efforts to enhance communication among
426 community organizations and state agencies, and shall cooperate with those entities in efforts
427 which are compatible with the purposes of this section.
428 (4) The state board shall establish a library of documented best practices and resources
429 for alcohol, tobacco, and electronic cigarette product cessation interventions for use by local
430 school districts.
431 Section 10. Section 53G-10-406 is amended to read:
432 53G-10-406. Underage Drinking and Substance Abuse Prevention Program --
433 State board rules.
434 (1) As used in this section:
435 (a) "Advisory council" means the Underage Drinking and Substance Abuse Prevention
436 Program Advisory Council created in this section.
437 (b) "Program" means the Underage Drinking and Substance Abuse Prevention Program
438 created in this section.
439 (c) "School-based prevention program" means an evidence-based program [
440
441 (i) is aimed at preventing underage consumption of alcohol and underage use of
442 electronic cigarette products;
443 (ii) is delivered by methods that engage students in storytelling and visualization;
444 (iii) addresses the behavioral risk factors associated with underage drinking and use of
445 electronic cigarette products; and
446 (iv) provides practical tools to address the dangers of underage drinking and use of
447 electronic cigarette products.
448 (2) There is created the Underage Drinking and Substance Abuse Prevention Program
449 that consists of:
450 (a) a school-based prevention program for students in grade 4 or 5;
451 [
452 [
453 awareness of the dangers of driving under the influence of alcohol.
454 (3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
455 school year to each student in grade 7 or 8 and grade 9 or 10.
456 (b) In addition to Subsection (3)(a), beginning with the 2020-21 school year, an LEA
457 shall offer the program each school year to each student in grade 4 or 5.
458 [
459 Subsection (6) to offer the program.
460 (4) The state board shall administer the program with input from the advisory council.
461 (5) There is created the Underage Drinking and Substance Abuse Prevention Program
462 Advisory Council comprised of the following members:
463 (a) the executive director of the Department of Alcoholic Beverage Control or the
464 executive director's designee;
465 (b) the executive director of the Department of Health or the executive director's
466 designee;
467 (c) the director of the Division of Substance Abuse and Mental Health or the director's
468 designee;
469 (d) the director of the Division of Child and Family Services or the director's designee;
470 (e) the director of the Division of Juvenile Justice Services or the director's designee;
471 (f) the state superintendent or the state superintendent's designee; and
472 (g) two members of the state board, appointed by the chair of the state board.
473 (6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
474 board shall qualify one or more providers to provide the program to an LEA.
475 (b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
476 (i) whether the provider's program complies with the requirements described in this
477 section;
478 (ii) the extent to which the provider's [
479 with core standards for Utah public schools; and
480 (iii) the provider's experience in providing a program that is effective[
481
482 (7) (a) The state board shall use money from the Underage Drinking and Substance
483 Abuse Prevention Program Restricted Account described in Section 53F-9-304 for the
484 program.
485 (b) The state board may use money from the Underage Drinking Prevention Program
486 Restricted Account to fund up to .5 of a full-time equivalent position to administer the
487 program.
488 (8) The state board shall make rules that:
489 (a) beginning with the 2018-19 school year, require an LEA to offer the Underage
490 Drinking and Substance Abuse Prevention Program each school year to each student in grade 7
491 or 8 and grade 9 or 10; [
492 (b) beginning with the 2020-21 school year, require an LEA to offer the Underage
493 Drinking and Substance Abuse Prevention Program each school year to each student in grade 4
494 or 5; and
495 [
496 Subsection (6).
497 Section 11. Section 53G-10-407 is enacted to read:
498 53G-10-407. Positive behaviors plan -- Positive behaviors specialist stipend --
499 Reports.
500 (1) As used in this section:
501 (a) "Positive behaviors plan" means a plan to address the causes of student use of
502 tobacco, alcohol, electronic cigarette products, and other controlled substances through
503 promoting positive behaviors.
504 (b) "Positive behaviors specialist" means an individual designated to administer a
505 positive behaviors plan.
506 (2) (a) A school principal shall:
507 (i) create a positive behaviors plan based on the input of students, parents, and staff;
508 and
509 (ii) submit the positive behaviors plan to the LEA governing board for approval.
510 (b) A positive behaviors plan shall address issues including peer pressure, mental
511 health, and creating meaningful relationships.
512 (c) A positive behaviors plan may include programs, clubs, service opportunities, and
513 pro-social activities.
514 (3) Each LEA shall designate one or more employees as a positive behaviors specialist
515 for each school to administer the positive behaviors plan.
516 (4) (a) The state board shall distribute annually to each school:
517 (i) $3,000 as a stipend for the positive behaviors specialists; and
518 (ii) $1,000 to administer the positive behaviors plan.
519 (b) Notwithstanding Subsection (4)(a), if funding is insufficient to cover the costs
520 associated with stipends, the state board may reduce the amount of the stipend.
521 (5) (a) A positive behaviors specialist shall annually submit a written report to the LEA
522 governing board detailing how the positive behaviors plan was implemented in the prior year.
523 (b) An LEA governing board shall submit an annual report to the state board
524 confirming that each school under the governing board's jurisdiction has an approved positive
525 behaviors plan.
526 Section 12. Appropriation.
527 The following sums of money are appropriated for the fiscal year beginning July 1,
528 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
529 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
530 Act, the Legislature appropriates the following sums of money from the funds or accounts
531 indicated for the use and support of the government of the state of Utah.
532 ITEM 1
533 To State Board of Education - State Administrative Office
534 From Education Fund
$5,084,200
535 Schedule of Programs:
536 Student Support $5,084,200
537 The Legislature intends that:
538 (1) the State Board of Education use up to $4,300,000 of the appropriation under this
539 section to pay for stipends for positive behaviors specialists as described in Section
540 53G-10-407; and
541 (2) the State Board of Education use $784,200 for the cost of administering the positive
542 behaviors plan as described in Subsection 53G-10-407(4)(a)(ii).
543 Section 13. Effective date.
544 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
545 elected to each house, this bill takes effect upon approval of the governor, or the day following
546 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
547 signature, or in the case of a veto, the date of veto override.
548 (2) The following sections take effect on May 12, 2020:
549 (a) the amendments to Sections 53F-9-304, 53G-7-1202, 53G-7-1205, 53G-10-405,
550 and 53G-10-406; and
551 (b) the enactment of Section 53G-10-407.
552 Section 14. Coordinating H.B. 58 with S.B. 37 -- Substantive and technical
553 amendments.
554 If this H.B. 58 and S.B. 37, Electronic Cigarette and Other Nicotine Product
555 Amendments, both pass and become law, the Legislature intends that:
556 (1) Item 1 of the appropriation in H.B. 58, Uncodified Section 12, Appropriation, be
557 modified to read:
558 "ITEM 1
559 To State Board of Education - State Administrative Office
560 From Electronic Cigarette Substance and Nicotine
561 Product Tax Restricted Account
$5,084,200
562 Schedule of Programs:
563 Student Support $5,084,200
564 The Legislature intends that:
565 (1) the State Board of Education use up to $4,300,000 of the appropriation under this
566 section to pay for stipends for positive behaviors specialists as described in Section
567 53G-10-407; and
568 (2) the State Board of Education use $784,200 for the cost of administering the positive
569 behaviors plan as described in Subsection 53G-10-407(4)(a)(ii)."; and
570 (2) the Office of Legislative Research and General Counsel, in preparing the Utah
571 Code database for publication, modify Section 53G-1-103 to read:
572 "As used in this title, "electronic cigarette product" means the same as that term is
573 defined in Section 76-10-101.".