This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 23, 2023 at 12:23 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill addresses school safety and security issues.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates a state security chief position within the Department of Public Safety;
14 ▸ requires each county sheriff to identify an individual within the sheriff's office to
15 coordinate between the county sheriff's office, the state security chief, and certain
16 police chiefs within the county;
17 ▸ creates the School Security Task Force;
18 ▸ requires the task force to develop the qualifications, duties, and scope of authority
19 of the state security chief;
20 ▸ requires the board to issue a request for proposals for firearm detection software and
21 allows an LEA to enter into a contract to use the software;
22 ▸ provides for the board to administer a grant program for certain school safety and
23 security services and materials;
24 ▸ requires every public primary and secondary school to conduct a threat assessment;
25 ▸ modifies certain contracts concerning school resource officers, including the
26 handling of certain student offenses;
27 ▸ creates requirements for policies concerning school resource officers;
28 ▸ adds components to the board's model critical response training program; and
29 ▸ makes technical and conforming amendments.
30 Money Appropriated in this Bill:
31 This bill appropriates in fiscal year 2024:
32 ▸ to State Board of Education - Contracted Initiatives and Grants, as a one-time
33 appropriation:
34 • from the Income Tax Fund, One-time, $25,000,000.
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 53G-8-701, as last amended by Laws of Utah 2019, Chapter 293
40 53G-8-702, as last amended by Laws of Utah 2021, Chapter 279
41 53G-8-703, as last amended by Laws of Utah 2019, Chapter 293
42 53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
43 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
44 and 409
45 ENACTS:
46 53-22-101, Utah Code Annotated 1953
47 53-22-102, Utah Code Annotated 1953
48 53-22-103, Utah Code Annotated 1953
49 53-22-104, Utah Code Annotated 1953
50 53F-4-208, Utah Code Annotated 1953
51 53F-5-220, Utah Code Annotated 1953
52 53G-8-701.5, Utah Code Annotated 1953
53 53G-8-703.2, Utah Code Annotated 1953
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55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 53-22-101 is enacted to read:
57
58 53-22-101. School Security Act -- Definitions.
59 As used in this chapter:
60 (1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
61 (2) "School resource officer" or "SRO" means a law enforcement officer hired by a
62 public school in accordance with Section 53G-8-703.
63 (3) "State security chief" means an individual appointed by the commissioner under
64 Section 53-22-102.
65 Section 2. Section 53-22-102 is enacted to read:
66 53-22-102. State security chief -- Creation -- Appointment.
67 (1) There is created within the department a state security chief.
68 (2) The state security chief:
69 (a) is appointed by the commissioner with the approval of the governor;
70 (b) is subject to the supervision and control of the commissioner;
71 (c) may be removed at the will of the commissioner;
72 (d) shall be qualified by experience and education to:
73 (i) enforce the laws of this state relating to school safety;
74 (ii) perform duties prescribed by the commissioner; and
75 (iii) enforce rules made under this chapter.
76 (3) The duties and responsibilities of the state security chief shall be determined by the
77 Commissioner of Public Safety in conjunction with the School Security Task Force created in
78 Section 53-22-104.
79 Section 3. Section 53-22-103 is enacted to read:
80 53-22-103. County sheriff responsibilities -- Coordination.
81 Each county sheriff shall identify an individual within the sheriff's office to coordinate
82 security responsibilities between the state security chief, the county sheriff's office, and the
83 corresponding police chiefs whose jurisdiction includes a public school within the county.
84 Section 4. Section 53-22-104 is enacted to read:
85 53-22-104. School Security Task Force -- Membership -- Duties -- Per diem --
86 Report -- Expiration.
87 (1) There is created a School Security Task Force composed of the following 18
88 members:
89 (a) the House chair of the Law Enforcement and Criminal Justice Interim Committee,
90 who shall serve as chair Ŝ→ , and who shall ensure that at least three members of the task force
90a are parents of children in Utah schools ←Ŝ ;
91 (b) the House chair of the Criminal Code Evaluation Task Force;
92 (c) a member of the Senate, appointed by the president of the Senate;
93 (d) the state superintendent of the State Board of Education or the state
94 superintendent's designee;
95 (e) the school safety specialist to the State Board of Education;
96 (f) the public safety liaison described in Section 53-1-106;
97 (g) the commissioner of the Department of Public Safety or the commissioner's
98 designee;
99 (h) the director of the Utah Division of Juvenile Justice Youth Services or the director's
100 designee;
101 (i) a member of the Utah School Superintendents Association, selected by the president
102 of the association;
103 (j) two members of the Chiefs of Police Association, one from a city of the first or
104 second class and one from a city of the third, fourth, fifth, or sixth class, selected by the
105 president of the association;
106 (k) two members of the Sheriffs Association, one from a county of the first, second, or
107 third class and one from a county of the fourth, fifth, or sixth class, selected by the president of
108 the association;
109 (l) a representative from the Utah Association of Public Charter Schools selected by
110 the president of the association;
111 (m) a representative from a school district, selected by the chair;
112 (n) an expert in school security, selected by the chair;
113 (o) a member of a local law enforcement agency recommended by the commissioner of
114 the Department of Public Safety; and
115 (p) a member of the SafeUT and School Safety Commission, selected by the chair.
116 (2) The task force shall:
117 (a) determine the specific qualifications, duties, and responsibilities of the state
118 security chief created in Section 53-22-102;
119 (b) create statewide standardized training requirements and hiring policies for school
120 resource officers;
121 (c) review and revise, if necessary, the model critical incident response training
122 program developed under Section 53G-8-802;
123 (d) develop training standards for active threats and emergency response in schools;
124 (e) recommend standards for the use of school security specialists;
125 (f) recommend safety and security protocols for the design, construction, and
126 reconstruction of new and existing schools;
127 (g) develop legislation to accomplish Subsections (a) through (e) for introduction in the
128 2024 General Session; and
129 (h) prepare a report and present any legislation developed to the Law Enforcement and
130 Criminal Justice Interim Committee by November 30, 2023.
131 (3) (a) A majority of the members of the task force constitutes a quorum.
132 (b) The action of a majority of a quorum constitutes an action of the task force.
133 (4) The Office of Legislative Research and General Counsel shall provide staff for the
134 task force.
135 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
136 be paid in accordance with:
137 (i) Section 36-2-2;
138 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
139 Expenses; and
140 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
141 (b) A member of the task force who is not a legislator may not receive compensation
142 for the member's work associated with the task force but may receive per diem and
143 reimbursement for travel expenses incurred as a member of the task force at the rates
144 established by the Division of Finance under:
145 (i) Sections 63A-3-106 and 63A-3-107; and
146 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
147 63A-3-107.
148 (6) This task force expires December 31, 2023.
149 Section 5. Section 53F-4-208 is enacted to read:
150 53F-4-208. State board procurement for school security software.
151 (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
152 shall issue a request for proposals, on or before June 15, 2023, and enter a contract with a
153 private vendor for firearm detection software to detect and alert district personnel and first
154 responders about the presence of visible, unholstered firearms on school property.
155 (2) The contract described in Subsection (1) shall require the firearm detection
156 software to be:
157 (a) developed in the United States without the use of any third-party or open-source
158 data;
159 (b) protected by an awarded patent that includes a training database populated with
160 frames of actual videos of firearms taken in relevant environments across diverse industries;
161 (c) designated as qualified anti-terrorism technology under the federal SAFETY Act, 6
162 U.S.C. Sec. 441 et seq.;
163 (d) designed to integrate with existing security camera infrastructure at school districts;
164 (e) managed directly by the contracted vendor through a constantly monitored
165 operations center that is staffed by highly trained analysts in order to rapidly communicate
166 possible threats to end users; and
167 (f) successfully deployed in other states, school districts, and commercial users.
168 (3) An LEA may enter into the contract described in Subsection (1) for firearm
169 detection software at the LEA's schools.
170 Section 6. Section 53F-5-220 is enacted to read:
171 53F-5-220. School Safety and Support Grant Program -- Rulemaking.
172 (1) The state board may award a grant to an LEA in response to an LEA request for
173 proposal to provide a school with:
174 (a) school resource officer services;
175 (b) school safety specialists and school safety specialist training;
176 (c) safety and security training by law enforcement agencies for school employees;
177 (d) first-aid kits for classrooms; or
178 (e) bleeding control kits.
179 (2) An LEA may not apply for a grant under this section to fund services already in
180 place, but an LEA may submit a request for proposal to fund an expansion of or enhancement
181 to existing services.
182 (3) The state board shall prioritize grant funding for LEAs with low student counts that
183 have designated a school safety specialist in each school.
184 (4) The state board may adopt rules in accordance with Title 63G, Chapter 3, Utah
185 Administrative Rulemaking Act, to administer this section.
186 Section 7. Section 53G-8-701 is amended to read:
187 53G-8-701. Definitions.
188 As used in this part:
189 (1) "Law enforcement agency" means the same as that term is defined in Section
190 53-1-102.
191 (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
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193 defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
194 with an LEA to provide law enforcement services for the LEA.
195 (4) "School safety specialist" means a school employee who is responsible for
196 supporting school safety initiatives including the threat assessment described in Subsection
197 53G-8-802(2)(g)(i).
198 Section 8. Section 53G-8-701.5 is enacted to read:
199 53G-8-701.5. Threat assessment and school safety specialist.
200 Every public primary and secondary school:
201 (1) shall conduct a threat assessment as described in Subsection 53G-8-802(2)(g)(i);
202 and
203 (2) may designate a school safety specialist.
204 Section 9. Section 53G-8-702 is amended to read:
205 53G-8-702. School resource officer training -- Curriculum.
206 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
207 state board shall make rules that prepare and make available a training program for school
208 principals, school personnel, and school resource officers to attend.
209 (2) To create the curriculum and materials for the training program described in
210 Subsection (1), the state board shall:
211 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
212 created in Section 63M-7-201;
213 (b) solicit input from local school boards, charter school governing boards, and the
214 Utah Schools for the Deaf and the Blind;
215 (c) consult with a nationally recognized organization that provides resources and
216 training for school resource officers;
217 [
218 stakeholders; and
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220 on school discipline and the role of a school resource officer.
221 (3) The training program described in Subsection (1) may include training on the
222 following:
223 (a) childhood and adolescent development;
224 (b) responding age-appropriately to students;
225 (c) working with disabled students;
226 (d) techniques to de-escalate and resolve conflict;
227 (e) cultural awareness;
228 (f) restorative justice practices;
229 (g) identifying a student exposed to violence or trauma and referring the student to
230 appropriate resources;
231 (h) student privacy rights;
232 (i) negative consequences associated with youth involvement in the juvenile and
233 criminal justice systems;
234 (j) strategies to reduce juvenile justice involvement;
235 (k) roles of and distinctions between a school resource officer and other school staff
236 who help keep a school secure;
237 (l) developing and supporting successful relationships with students; and
238 (m) legal parameters of searching and questioning students on school property.
239 (4) The state board shall work together with the Department of Public Safety, the State
240 Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
241 policies, [
242 Section 10. Section 53G-8-703 is amended to read:
243 53G-8-703. Contracts between an LEA and law enforcement for school resource
244 officer services -- Requirements.
245 (1) An LEA may contract with a local law enforcement agency [
246 provide school resource officer services at the LEA [
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248 (2) [
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250 contract:
251 (a) an acknowledgment by the law enforcement agency [
252 hired under the contract shall:
253 (i) provide for and maintain a safe, healthy, and productive learning environment in a
254 school;
255 (ii) act as a positive role model to students;
256 (iii) work to create a cooperative, proactive, and problem-solving partnership between
257 law enforcement and the LEA;
258 (iv) emphasize the use of restorative approaches to address negative behavior; and
259 (v) at the request of the LEA, teach a vocational law enforcement class;
260 (b) a description of the shared understanding of the LEA and the law enforcement
261 agency [
262 to:
263 (i) maintain safe schools;
264 (ii) improve school climate; and
265 (iii) support educational opportunities for students;
266 (c) a designation of student offenses that, in accordance with Section 53G-8-211, the
267 SRO:
268 (i) may refer to the juvenile court;
269 (ii) [
270 [
271 [
272 [
273 shall refer to a school administrator for resolution [
274 an administrative issue with the understanding that the SRO will be informed of the outcome of
275 the administrative issue;
276 [
277 with regard to:
278 (i) searches;
279 (ii) questioning;
280 (iii) arrests; and
281 [
282 [
283 (i) job assignment and duties[
284 (A) the school to which the SRO will be assigned;
285 (B) the hours the SRO is expected to be present at the school;
286 (C) the point of contact at the school;
287 (D) specific responsibilities for providing and receiving information; and
288 (E) types of records to be kept, and by whom;
289 (ii) training requirements; and
290 (iii) other expectations of the SRO and school administration in relation to law
291 enforcement at the LEA;
292 [
293 where an SRO will be working, or the principal's designee, will jointly complete the SRO
294 training described in Section 53G-8-702; [
295 [
296 [
297 [
298 feedback from an LEA about an SRO's performance.
299 Section 11. Section 53G-8-703.2 is enacted to read:
300 53G-8-703.2. LEA establishment of SRO policy -- Public comment.
301 (1) An LEA shall establish an SRO policy.
302 (2) The SRO policy described in Subsection (1) shall include:
303 (a) the contract described in Section 53G-8-703; and
304 (b) all other procedures and requirements governing the relationship between the LEA
305 and an SRO.
306 (3) Before implementing the SRO policy described in Subsection (1), the LEA shall
307 present the SRO policy at a public meeting and receive public comment on the SRO policy.
308 Section 12. Section 53G-8-802 is amended to read:
309 53G-8-802. State Safety and Support Program -- State board duties -- LEA
310 duties.
311 (1) There is created the State Safety and Support Program.
312 (2) The state board shall:
313 (a) develop in conjunction with the Division of Substance Abuse and Mental Health
314 model student safety and support policies for an LEA, including:
315 (i) evidence-based procedures for the assessment of and intervention with an individual
316 whose behavior poses a threat to school safety;
317 (ii) procedures for referrals to law enforcement; and
318 (iii) procedures for referrals to a community services entity, a family support
319 organization, or a health care provider for evaluation or treatment;
320 (b) provide training:
321 (i) in school safety;
322 (ii) in evidence-based approaches to improve school climate and address and correct
323 bullying behavior;
324 (iii) in evidence-based approaches in identifying an individual who may pose a threat
325 to the school community;
326 (iv) in evidence-based approaches in identifying an individual who may be showing
327 signs or symptoms of mental illness;
328 (v) on permitted disclosures of student data to law enforcement and other support
329 services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
330 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
331 53E-9-203 and 53E-9-305; and
332 (vii) for administrators on rights and prohibited acts under:
333 (A) Chapter 9, Part 6, Bullying and Hazing;
334 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
335 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
336 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
337 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
338 (c) conduct and disseminate evidence-based research on school safety concerns;
339 (d) disseminate information on effective school safety initiatives;
340 (e) encourage partnerships between public and private sectors to promote school safety;
341 (f) provide technical assistance to an LEA in the development and implementation of
342 school safety initiatives;
343 (g) in conjunction with the Department of Public Safety, develop and make available to
344 an LEA a model critical incident response training program that includes:
345 (i) protocols for conducting a threat assessment, and ensuring building security during
346 an incident, as required in Section 53G-8-701.5;
347 (ii) standardized response protocol terminology for use throughout the state;
348 (iii) protocols for planning and safety drills; and
349 (iv) recommendations for safety equipment for schools including amounts and types of
350 first aid supplies;
351 (h) provide space for the public safety liaison described in Section 53-1-106 and the
352 school-based mental health specialist described in Section 62A-15-103;
353 (i) create a model school climate survey that may be used by an LEA to assess
354 stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
355 Utah Administrative Rulemaking Act, adopt rules:
356 (i) requiring an LEA to:
357 (A) create or adopt and disseminate a school climate survey; and
358 (B) disseminate the school climate survey;
359 (ii) recommending the distribution method, survey frequency, and sample size of the
360 survey; and
361 (iii) specifying the areas of content for the school climate survey; and
362 (j) collect aggregate data and school climate survey results from each LEA.
363 (3) Nothing in this section requires an individual to respond to a school climate survey.
364 (4) The state board shall require an LEA to:
365 (a) (i) review data from the state board-facilitated surveys containing school climate
366 data for each school within the LEA; and
367 (ii) based on the review described in Subsection (4)(a)(i):
368 (A) revise practices, policies, and training to eliminate harassment and discrimination
369 in each school within the LEA;
370 (B) adopt a plan for harassment- and discrimination-free learning; and
371 (C) host outreach events or assemblies to inform students and parents of the plan
372 adopted under Subsection (4)(a)(ii)(B);
373 (b) no later than September 1 of each school year, send a notice to each student, parent,
374 and LEA staff member stating the LEA's commitment to maintaining a school climate that is
375 free of harassment and discrimination; and
376 (c) report to the state board:
377 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
378 (4)(a)(ii)(B); and
379 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
380 progress.
381 Section 13. Section 63I-2-253 is amended to read:
382 63I-2-253. Repeal dates: Titles 53 through 53G.
383 (1) Section 53-22-104 is repealed December 31, 2023.
384 (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
385 technical college board of trustees, is repealed July 1, 2022.
386 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
387 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
388 necessary changes to subsection numbering and cross references.
389 [
390 [
391 repealed July 1, 2023.
392 [
393 [
394 repealed on July 1, 2023:
395 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
396 established under Sections 53B-8-202 through 53B-8-205";
397 (b) Section 53B-8-202;
398 (c) Section 53B-8-203;
399 (d) Section 53B-8-204; and
400 (e) Section 53B-8-205.
401 [
402 [
403 repealed July 1, 2023.
404 [
405 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
406 [
407 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
408 [
409 July 1, 2024.
410 [
411 Education's duties if contributions from the minimum basic tax rate are overestimated or
412 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
413 2023.
414 [
415 is repealed July 1, 2024.
416 [
417 repealed July 1, 2023.
418 [
419 Program, is repealed July 1, 2023.
420 [
421 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
422 [
423 is repealed July 1, 2024.
424 [
425 applicable" is repealed July 1, 2023.
426 [
427 enrollment in kindergarten, is repealed July 1, 2022.
428 [
429 in Subsection (4)(d)" is repealed July 1, 2022.
430 [
431 [
432 applicable" is repealed July 1, 2023.
433 [
434 applicable" is repealed July 1, 2023.
435 [
436 applicable" is repealed July 1, 2023.
437 [
438 as applicable" is repealed July 1, 2023.
439 [
440 Legislative Research and General Counsel shall, in addition to the office's authority under
441 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
442 identified in this section are complete sentences and accurately reflect the office's perception of
443 the Legislature's intent.
444 Section 14. Appropriation.
445 The following sums of money are appropriated for the fiscal year beginning July 1,
446 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
447 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
448 Act, the Legislature appropriates the following sums of money from the funds or accounts
449 indicated for the use and support of the government of the state of Utah.
450 ITEM 1
451 To State Board of Education - Contracted Initiatives and Grants
452 From Income Tax Fund, One-time
25,000,000
453 Schedule of Programs:
454 Contracts and Grants 25,000,000
455 The Legislature intends that:
456 (1) $22,000,000 of the appropriation under this item be used for the grant program
457 described in Section 53F-5-220 of this bill;
458 (2) $3,000,000 of the appropriation under this item be used for the procurement
459 described in Section 53G-8-803 of this bill; and
460 (3) under Section 63J-1-603, the one-time appropriation provided under this item not
461 lapse at the close of fiscal year 2024 and the use of any nonlapsing funds is limited to the
462 purposes described in Subsections (1) and (2) of this item.