1
2
3
4
5
6 Cosponsors:
7 Cheryl K. Acton
Dan N. Johnson
Karianne Lisonbee
Karen M. Peterson
8
9 LONG TITLE
10 General Description:
11 This bill addresses school safety and security issues.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms;
15 ▸ creates a state security chief position within the Department of Public Safety;
16 ▸ requires each county sheriff to identify an individual within the sheriff's office to
17 coordinate between the county sheriff's office, the state security chief, and certain
18 police chiefs within the county;
19 ▸ creates the School Security Task Force;
20 ▸ requires the task force to develop the qualifications, duties, and scope of authority
21 of the state security chief;
22 ▸ requires the board to issue a request for proposals for firearm detection software and
23 allows an LEA to enter into a contract to use the software;
24 ▸ provides for the board to administer a grant program for certain school safety and
25 security services and materials;
26 ▸ requires every public primary and secondary school to conduct a threat assessment
27 and designate a school safety specialist;
28 ▸ modifies certain contracts concerning school resource officers, including the
29 handling of certain student offenses;
30 ▸ creates requirements for policies concerning school resource officers;
31 ▸ adds components to the board's model critical response training program; and
32 ▸ makes technical and conforming amendments.
33 Money Appropriated in this Bill:
34 This bill appropriates in fiscal year 2024:
35 ▸ to the State Board of Education - Contracted Initiatives and Grants, as a one-time
36 appropriation:
37 • from the Income Tax Fund, One-Time, $75,000,000;
38 ▸ to the State Board of Education - Policy, Communication, & Oversight:
39 • from the Income Tax Fund, $3,660,000; and
40 ▸ to the Department of Public Safety - Programs and Operations:
41 • from the General Fund, $283,000.
42 Other Special Clauses:
43 None
44 Utah Code Sections Affected:
45 AMENDS:
46 53G-8-701, as last amended by Laws of Utah 2019, Chapter 293
47 53G-8-702, as last amended by Laws of Utah 2021, Chapter 279
48 53G-8-703, as last amended by Laws of Utah 2019, Chapter 293
49 53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
50 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
51 and 409
52 ENACTS:
53 53-22-101, Utah Code Annotated 1953
54 53-22-102, Utah Code Annotated 1953
55 53-22-103, Utah Code Annotated 1953
56 53-22-104, Utah Code Annotated 1953
57 53F-4-208, Utah Code Annotated 1953
58 53F-5-220, Utah Code Annotated 1953
59 53G-8-701.5, Utah Code Annotated 1953
60 53G-8-703.2, Utah Code Annotated 1953
61
62 Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 53-22-101 is enacted to read:
64
65 53-22-101. School Security Act -- Definitions.
66 As used in this chapter:
67 (1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
68 (2) "School resource officer" or "SRO" means a law enforcement officer hired by a
69 public school in accordance with Section 53G-8-703.
70 (3) "State security chief" means an individual appointed by the commissioner under
71 Section 53-22-102.
72 Section 2. Section 53-22-102 is enacted to read:
73 53-22-102. State security chief -- Creation -- Appointment.
74 (1) There is created within the department a state security chief.
75 (2) The state security chief:
76 (a) is appointed by the commissioner with the approval of the governor;
77 (b) is subject to the supervision and control of the commissioner;
78 (c) may be removed at the will of the commissioner;
79 (d) shall be qualified by experience and education to:
80 (i) enforce the laws of this state relating to school safety;
81 (ii) perform duties prescribed by the commissioner; and
82 (iii) enforce rules made under this chapter.
83 (3) The duties and responsibilities of the state security chief shall be determined by the
84 Commissioner of Public Safety in conjunction with the School Security Task Force created in
85 Section 53-22-104.
86 Section 3. Section 53-22-103 is enacted to read:
87 53-22-103. County sheriff responsibilities -- Coordination.
88 Each county sheriff shall identify an individual within the sheriff's office to coordinate
89 security responsibilities between the state security chief, the county sheriff's office, and the
90 corresponding police chiefs whose jurisdiction includes a public school within the county.
91 Section 4. Section 53-22-104 is enacted to read:
92 53-22-104. School Security Task Force -- Membership -- Duties -- Per diem --
93 Report -- Expiration.
94 (1) There is created a School Security Task Force composed of the following 18
95 members:
96 (a) the House chair of the Law Enforcement and Criminal Justice Interim Committee,
97 who shall serve as chair, and who shall ensure that at least three members of the task force are
98 parents of children in Utah schools;
99 (b) the House chair of the Criminal Code Evaluation Task Force;
100 (c) a member of the Senate, appointed by the president of the Senate;
101 (d) the state superintendent of the State Board of Education or the state
102 superintendent's designee;
103 (e) the school safety specialist to the State Board of Education;
104 (f) the public safety liaison described in Section 53-1-106;
105 (g) the commissioner of the Department of Public Safety or the commissioner's
106 designee;
107 (h) the director of the Utah Division of Juvenile Justice Youth Services or the director's
108 designee;
109 (i) a member of the Utah School Superintendents Association, selected by the president
110 of the association;
111 (j) two members of the Chiefs of Police Association, one from a city of the first or
112 second class and one from a city of the third, fourth, fifth, or sixth class, selected by the
113 president of the association;
114 (k) two members of the Sheriffs Association, one from a county of the first, second, or
115 third class and one from a county of the fourth, fifth, or sixth class, selected by the president of
116 the association;
117 (l) a representative from the Utah Association of Public Charter Schools selected by
118 the president of the association;
119 (m) a representative from a school district, selected by the chair;
120 (n) an expert in school security, selected by the chair;
121 (o) a member of a local law enforcement agency recommended by the commissioner of
122 the Department of Public Safety; and
123 (p) a member of the SafeUT and School Safety Commission, selected by the chair.
124 (2) The task force shall:
125 (a) determine the specific qualifications, duties, and responsibilities of the state
126 security chief created in Section 53-22-102;
127 (b) create statewide standardized training requirements and hiring policies for school
128 resource officers;
129 (c) review and revise, if necessary, the model critical incident response training
130 program developed under Section 53G-8-802;
131 (d) develop training standards for active threats and emergency response in schools;
132 (e) recommend standards for the use of school security specialists;
133 (f) recommend safety and security protocols for the design, construction, and
134 reconstruction of new and existing schools;
135 (g) develop legislation to accomplish Subsections (a) through (e) for introduction in the
136 2024 General Session; and
137 (h) prepare a report and present any legislation developed to the Law Enforcement and
138 Criminal Justice Interim Committee by November 30, 2023.
139 (3) (a) A majority of the members of the task force constitutes a quorum.
140 (b) The action of a majority of a quorum constitutes an action of the task force.
141 (4) The Office of Legislative Research and General Counsel shall provide staff for the
142 task force.
143 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
144 be paid in accordance with:
145 (i) Section 36-2-2;
146 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
147 Expenses; and
148 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
149 (b) A member of the task force who is not a legislator may not receive compensation
150 for the member's work associated with the task force but may receive per diem and
151 reimbursement for travel expenses incurred as a member of the task force at the rates
152 established by the Division of Finance under:
153 (i) Sections 63A-3-106 and 63A-3-107; and
154 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
155 63A-3-107.
156 (6) This task force expires December 31, 2023.
157 Section 5. Section 53F-4-208 is enacted to read:
158 53F-4-208. State board procurement for school security software.
159 (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
160 shall issue a request for proposals, on or before June 15, 2023, and enter a contract with a
161 private vendor for firearm detection software to detect and alert district personnel and first
162 responders about the presence of visible, unholstered firearms on school property.
163 (2) The contract described in Subsection (1) shall require the firearm detection
164 software to be:
165 (a) developed in the United States without the use of any third-party or open-source
166 data;
167 (b) protected by an awarded patent that includes a training database populated with
168 frames of actual videos of firearms taken in relevant environments across diverse industries;
169 (c) designated as qualified anti-terrorism technology under the federal SAFETY Act, 6
170 U.S.C. Sec. 441 et seq.;
171 (d) designed to integrate with existing security camera infrastructure at school districts;
172 (e) managed directly by the contracted vendor through a constantly monitored
173 operations center that is staffed by highly trained analysts in order to rapidly communicate
174 possible threats to end users; and
175 (f) successfully deployed in other states, school districts, and commercial users.
176 (3) An LEA may enter into the contract described in Subsection (1) for firearm
177 detection software at the LEA's schools.
178 Section 6. Section 53F-5-220 is enacted to read:
179 53F-5-220. School Safety and Support Grant Program -- Rulemaking.
180 (1) The state board may award a grant to an LEA in response to an LEA request for
181 proposal to provide a school with:
182 (a) school resource officer services;
183 (b) school safety specialists and school safety specialist training;
184 (c) safety and security training by law enforcement agencies for school employees;
185 (d) interoperable communication hardware, software, equipment maintenance, and
186 training for first responder communication systems;
187 (e) enhanced physical security at a school upon completion of the school's threat
188 assessment;
189 (f) first-aid kits for classrooms; or
190 (g) bleeding control kits.
191 (2) An LEA may not apply for a grant under this section to fund services already in
192 place, but an LEA may submit a request for proposal to fund an expansion of or enhancement
193 to existing services.
194 (3) The state board shall prioritize grant funding for LEAs with low student counts that
195 have designated a school safety specialist in each school.
196 (4) The state board may adopt rules in accordance with Title 63G, Chapter 3, Utah
197 Administrative Rulemaking Act, to administer this section.
198 Section 7. Section 53G-8-701 is amended to read:
199 53G-8-701. Definitions.
200 As used in this part:
201 (1) "Law enforcement agency" means the same as that term is defined in Section
202 53-1-102.
203 (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
204 [
205 defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
206 with an LEA to provide law enforcement services for the LEA.
207 (4) "School safety specialist" means a school employee who is responsible for
208 supporting school safety initiatives including the threat assessment described in Subsection
209 53G-8-802(2)(g)(i).
210 Section 8. Section 53G-8-701.5 is enacted to read:
211 53G-8-701.5. Threat assessment and school safety specialist.
212 Every public primary and secondary school shall:
213 (1) conduct a threat assessment as described in Subsection 53G-8-802(2)(g)(i); and
214 (2) designate a school safety specialist.
215 Section 9. Section 53G-8-702 is amended to read:
216 53G-8-702. School resource officer training -- Curriculum.
217 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
218 state board shall make rules that prepare and make available a training program for school
219 principals, school personnel, and school resource officers to attend.
220 (2) To create the curriculum and materials for the training program described in
221 Subsection (1), the state board shall:
222 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
223 created in Section 63M-7-201;
224 (b) solicit input from local school boards, charter school governing boards, and the
225 Utah Schools for the Deaf and the Blind;
226 (c) consult with a nationally recognized organization that provides resources and
227 training for school resource officers;
228 [
229 stakeholders; and
230 [
231 on school discipline and the role of a school resource officer.
232 (3) The training program described in Subsection (1) may include training on the
233 following:
234 (a) childhood and adolescent development;
235 (b) responding age-appropriately to students;
236 (c) working with disabled students;
237 (d) techniques to de-escalate and resolve conflict;
238 (e) cultural awareness;
239 (f) restorative justice practices;
240 (g) identifying a student exposed to violence or trauma and referring the student to
241 appropriate resources;
242 (h) student privacy rights;
243 (i) negative consequences associated with youth involvement in the juvenile and
244 criminal justice systems;
245 (j) strategies to reduce juvenile justice involvement;
246 (k) roles of and distinctions between a school resource officer and other school staff
247 who help keep a school secure;
248 (l) developing and supporting successful relationships with students; and
249 (m) legal parameters of searching and questioning students on school property.
250 (4) The state board shall work together with the Department of Public Safety, the State
251 Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
252 policies, [
253 Section 10. Section 53G-8-703 is amended to read:
254 53G-8-703. Contracts between an LEA and law enforcement for school resource
255 officer services -- Requirements.
256 (1) An LEA may contract with a local law enforcement agency [
257 provide school resource officer services at the LEA [
258
259 (2) [
260
261 contract:
262 (a) an acknowledgment by the law enforcement agency [
263 hired under the contract shall:
264 (i) provide for and maintain a safe, healthy, and productive learning environment in a
265 school;
266 (ii) act as a positive role model to students;
267 (iii) work to create a cooperative, proactive, and problem-solving partnership between
268 law enforcement and the LEA;
269 (iv) emphasize the use of restorative approaches to address negative behavior; and
270 (v) at the request of the LEA, teach a vocational law enforcement class;
271 (b) a description of the shared understanding of the LEA and the law enforcement
272 agency [
273 to:
274 (i) maintain safe schools;
275 (ii) improve school climate; and
276 (iii) support educational opportunities for students;
277 (c) a designation of student offenses that, in accordance with Section 53G-8-211, the
278 SRO:
279 (i) may refer to the juvenile court;
280 (ii) [
281 [
282 [
283 [
284 shall refer to a school administrator for resolution [
285 an administrative issue with the understanding that the SRO will be informed of the outcome of
286 the administrative issue;
287 [
288 with regard to:
289 (i) searches;
290 (ii) questioning;
291 (iii) arrests; and
292 [
293 [
294 (i) job assignment and duties[
295 (A) the school to which the SRO will be assigned;
296 (B) the hours the SRO is expected to be present at the school;
297 (C) the point of contact at the school;
298 (D) specific responsibilities for providing and receiving information; and
299 (E) types of records to be kept, and by whom;
300 (ii) training requirements; and
301 (iii) other expectations of the SRO and school administration in relation to law
302 enforcement at the LEA;
303 [
304 where an SRO will be working, or the principal's designee, will jointly complete the SRO
305 training described in Section 53G-8-702; [
306 [
307 [
308 [
309 feedback from an LEA about an SRO's performance.
310 Section 11. Section 53G-8-703.2 is enacted to read:
311 53G-8-703.2. LEA establishment of SRO policy -- Public comment.
312 (1) An LEA shall establish an SRO policy.
313 (2) The SRO policy described in Subsection (1) shall include:
314 (a) the contract described in Section 53G-8-703; and
315 (b) all other procedures and requirements governing the relationship between the LEA
316 and an SRO.
317 (3) Before implementing the SRO policy described in Subsection (1), the LEA shall
318 present the SRO policy at a public meeting and receive public comment on the SRO policy.
319 Section 12. Section 53G-8-802 is amended to read:
320 53G-8-802. State Safety and Support Program -- State board duties -- LEA
321 duties.
322 (1) There is created the State Safety and Support Program.
323 (2) The state board shall:
324 (a) develop in conjunction with the Division of Substance Abuse and Mental Health
325 model student safety and support policies for an LEA, including:
326 (i) evidence-based procedures for the assessment of and intervention with an individual
327 whose behavior poses a threat to school safety;
328 (ii) procedures for referrals to law enforcement; and
329 (iii) procedures for referrals to a community services entity, a family support
330 organization, or a health care provider for evaluation or treatment;
331 (b) provide training:
332 (i) in school safety;
333 (ii) in evidence-based approaches to improve school climate and address and correct
334 bullying behavior;
335 (iii) in evidence-based approaches in identifying an individual who may pose a threat
336 to the school community;
337 (iv) in evidence-based approaches in identifying an individual who may be showing
338 signs or symptoms of mental illness;
339 (v) on permitted disclosures of student data to law enforcement and other support
340 services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
341 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
342 53E-9-203 and 53E-9-305; and
343 (vii) for administrators on rights and prohibited acts under:
344 (A) Chapter 9, Part 6, Bullying and Hazing;
345 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
346 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
347 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
348 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
349 (c) conduct and disseminate evidence-based research on school safety concerns;
350 (d) disseminate information on effective school safety initiatives;
351 (e) encourage partnerships between public and private sectors to promote school safety;
352 (f) provide technical assistance to an LEA in the development and implementation of
353 school safety initiatives;
354 (g) in conjunction with the Department of Public Safety, develop and make available to
355 an LEA a model critical incident response training program that includes:
356 (i) protocols for conducting a threat assessment, and ensuring building security during
357 an incident, as required in Section 53G-8-701.5;
358 (ii) standardized response protocol terminology for use throughout the state;
359 (iii) protocols for planning and safety drills; and
360 (iv) recommendations for safety equipment for schools including amounts and types of
361 first aid supplies;
362 (h) provide space for the public safety liaison described in Section 53-1-106 and the
363 school-based mental health specialist described in Section 62A-15-103;
364 (i) create a model school climate survey that may be used by an LEA to assess
365 stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
366 Utah Administrative Rulemaking Act, adopt rules:
367 (i) requiring an LEA to:
368 (A) create or adopt and disseminate a school climate survey; and
369 (B) disseminate the school climate survey;
370 (ii) recommending the distribution method, survey frequency, and sample size of the
371 survey; and
372 (iii) specifying the areas of content for the school climate survey; and
373 (j) collect aggregate data and school climate survey results from each LEA.
374 (3) Nothing in this section requires an individual to respond to a school climate survey.
375 (4) The state board shall require an LEA to:
376 (a) (i) review data from the state board-facilitated surveys containing school climate
377 data for each school within the LEA; and
378 (ii) based on the review described in Subsection (4)(a)(i):
379 (A) revise practices, policies, and training to eliminate harassment and discrimination
380 in each school within the LEA;
381 (B) adopt a plan for harassment- and discrimination-free learning; and
382 (C) host outreach events or assemblies to inform students and parents of the plan
383 adopted under Subsection (4)(a)(ii)(B);
384 (b) no later than September 1 of each school year, send a notice to each student, parent,
385 and LEA staff member stating the LEA's commitment to maintaining a school climate that is
386 free of harassment and discrimination; and
387 (c) report to the state board:
388 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
389 (4)(a)(ii)(B); and
390 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
391 progress.
392 Section 13. Section 63I-2-253 is amended to read:
393 63I-2-253. Repeal dates: Titles 53 through 53G.
394 (1) Section 53-22-104 is repealed December 31, 2023.
395 (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
396 technical college board of trustees, is repealed July 1, 2022.
397 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
398 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
399 necessary changes to subsection numbering and cross references.
400 [
401 [
402 repealed July 1, 2023.
403 [
404 [
405 repealed on July 1, 2023:
406 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
407 established under Sections 53B-8-202 through 53B-8-205";
408 (b) Section 53B-8-202;
409 (c) Section 53B-8-203;
410 (d) Section 53B-8-204; and
411 (e) Section 53B-8-205.
412 [
413 [
414 repealed July 1, 2023.
415 [
416 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
417 [
418 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
419 [
420 July 1, 2024.
421 [
422 Education's duties if contributions from the minimum basic tax rate are overestimated or
423 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
424 2023.
425 [
426 is repealed July 1, 2024.
427 [
428 repealed July 1, 2023.
429 [
430 Program, is repealed July 1, 2023.
431 [
432 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
433 [
434 is repealed July 1, 2024.
435 [
436 applicable" is repealed July 1, 2023.
437 [
438 enrollment in kindergarten, is repealed July 1, 2022.
439 [
440 in Subsection (4)(d)" is repealed July 1, 2022.
441 [
442 [
443 applicable" is repealed July 1, 2023.
444 [
445 applicable" is repealed July 1, 2023.
446 [
447 applicable" is repealed July 1, 2023.
448 [
449 as applicable" is repealed July 1, 2023.
450 [
451 Legislative Research and General Counsel shall, in addition to the office's authority under
452 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
453 identified in this section are complete sentences and accurately reflect the office's perception of
454 the Legislature's intent.
455 Section 14. Appropriation.
456 The following sums of money are appropriated for the fiscal year beginning July 1,
457 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
458 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
459 Act, the Legislature appropriates the following sums of money from the funds or accounts
460 indicated for the use and support of the government of the state of Utah.
461 ITEM 1
462 To State Board of Education -- Contracted Initiatives and Grants
463 From Public Education Economic Stabilization Restricted
464 Account, One-Time
75,000,000
465 Schedule of Programs:
466 School Safety and Support Grant Program 75,000,000
467 The Legislature intends that:
468 (1) $72,000,000 of the appropriation under this item be used for the grant program
469 described in Section 53F-5-220;
470 (2) $3,000,000 of the appropriation under this item be used for the procurement
471 described in Section 53F-4-208 of this bill; and
472 (3) under Section 63J-1-603, the one-time appropriation provided under this item not
473 lapse at the close of fiscal year 2024 and the use of any nonlapsing funds is limited to the
474 purposes described in Subsections (1) and (2) of this item.
475 ITEM 2
476 To State Board of Education -- Policy, Communication, & Oversight
477 From Income Tax Fund
3,660,000
478 Schedule of Programs:
479 Student Support Services 3,660,000
480 The Legislature intends that the appropriation under this item be used to fulfill
481 requirements under this bill for school safety specialists and training.
482 ITEM 3
483 To Department of Public Safety -- Programs and Operations
484 From General Fund
283,000
485 Schedule of Programs:
486 Department Commissioner's Office 283,000