1     
PARENT AND STUDENT RIGHTS AND SCHOOL SAFETY

2     
AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Sandra Hollins

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends requirements for a local education agency (LEA) to address bullying
11     incidents.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     clarifies that a school may share certain information regarding an incident of
16     bullying, cyber-bullying, hazing, abusive conduct, or retaliation with a parent upon
17     request;
18          ▸     requires a school to provide regular communication updates to a parent regarding
19     the implementation of an action plan to address an incident of bullying,
20     cyber-bullying, hazing, abusive conduct, or retaliation;
21          ▸     requires an LEA to designate an individual for bullying incident response and
22     outlines the individual's duties;
23          ▸     requires civil rights law training for LEA employees; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          53G-9-601, as last amended by Laws of Utah 2019, Chapter 293
32          53G-9-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
33          53G-9-603, as renumbered and amended by Laws of Utah 2018, Chapter 3
34          53G-9-604, as last amended by Laws of Utah 2019, Chapter 293
35          53G-9-605, as last amended by Laws of Utah 2019, Chapter 293
36          53G-9-606, as last amended by Laws of Utah 2022, Chapter 399
37          53G-9-607, as last amended by Laws of Utah 2020, Chapter 408
38     ENACTS:
39          53G-9-605.5, Utah Code Annotated 1953
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 53G-9-601 is amended to read:
43          53G-9-601. Definitions.
44          As used in this part:
45          (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
46     student directed toward a school employee that, based on its severity, nature, and frequency of
47     occurrence, a reasonable person would determine is intended to cause intimidation,
48     humiliation, or unwarranted distress.
49          (b) A single act does not constitute abusive conduct.
50          (2) "Action plan" means a process to address an incident as described in Section
51     53G-9-605.5.
52          [(2)] (3) "Bullying" means a school employee or student intentionally committing a
53     written, verbal, or physical act against a school employee or student that a reasonable person
54     under the circumstances should know or reasonably foresee will have the effect of:
55          (a) causing physical or emotional harm to the school employee or student;
56          (b) causing damage to the school employee's or student's property;
57          (c) placing the school employee or student in reasonable fear of:
58          (i) harm to the school employee's or student's physical or emotional well-being; or
59          (ii) damage to the school employee's or student's property;
60          (d) creating a hostile, threatening, humiliating, or abusive educational environment due
61     to:
62          (i) the pervasiveness, persistence, or severity of the actions; [or]
63          (ii) a power differential between the bully and the target; or
64          (iii) discrimination, harassment, or racism; or
65          (e) substantially interfering with a student having a safe school environment that is
66     necessary to facilitate educational performance, opportunities, or benefits.
67          [(3)] (4) "Communication" means the conveyance of a message, whether verbal,
68     written, or electronic.
69          [(4)] (5) "Cyber-bullying" means using the Internet, a cell phone, or another device to
70     send or post text, video, or an image with the intent or knowledge, or with reckless disregard,
71     that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of
72     whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily
73     accessed the electronic communication.
74          (6) "Discrimination" means the disparate treatment of a school employee or a student
75     that:
76          (a) is based on the school employee's or the student's identification as part of any group
77     protected from discrimination under any of the following federal laws:
78          (i) Title VI of the Civil Rights Act of 1964;
79          (ii) Title IX of the Education Amendments of 1972;
80          (iii) Section 504 of the Rehabilitation Act of 1973; or
81          (iv) Title II of the Americans with Disabilities Act of 1990; and
82          (b) interferes with the school employee's or student's ability to participate in or benefit
83     from the services, activities, or opportunities offered by the school.
84          (7) "Harassment" means a severe and pervasive communication or verbal conduct that
85     interferes with a school employee's or a student's performance including a limitation to
86     participation, access, or benefit from resources, services, activities, or opportunities.
87          [(5)] (8) (a) "Hazing" means a school employee or student intentionally, knowingly, or
88     recklessly committing an act or causing another individual to commit an act toward a school
89     employee or student that:
90          (i) (A) endangers the mental or physical health or safety of a school employee or
91     student;
92          (B) involves any brutality of a physical nature, including whipping, beating, branding,
93     calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
94     exposure to the elements;
95          (C) involves consumption of any food, alcoholic product, drug, or other substance or
96     other physical activity that endangers the mental or physical health and safety of a school
97     employee or student; or
98          (D) involves any activity that would subject a school employee or student to extreme
99     mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
100     subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
101          (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
102     holding office in, or as a condition for membership in a school or school sponsored team,
103     organization, program, club, or event; or
104          (B) is directed toward a school employee or student whom the individual who commits
105     the act knows, at the time the act is committed, is a member of, or candidate for membership
106     in, a school or school sponsored team, organization, program, club, or event in which the
107     individual who commits the act also participates.
108          (b) The conduct described in Subsection [(5)(a)] (8)(a) constitutes hazing, regardless of
109     whether the school employee or student against whom the conduct is committed directed,
110     consented to, or acquiesced in, the conduct.
111          (9) "Incident" means an incident of bullying, cyber-bullying, hazing, abusive conduct,
112     or retaliation that is prohibited under this part.
113          [(6)] (10) "LEA governing board" means a local school board or charter school
114     governing board.
115          [(7)] (11) "Policy" means an LEA governing board policy described in Section
116     53G-9-605.
117          (12) "Race" means any one of the groups that humans are divided into based on
118     physical traits regarded as common among people of a shared ancestry.
119          (13) (a) "Racism" means exhibiting pre-judgment, bias, discrimination, hatred, or
120     violence towards an individual or a group of individuals because of the individual's or group's
121     origin or belonging, or not belonging, to a specific ethnic group or race.
122          (b) "Racism" includes systematic discrimination through a policy or practice that
123     disproportionately impacts a particular ethnic group or race.
124          [(8)] (14) "Retaliate" means an act or communication intended:
125          (a) as retribution against a person for reporting bullying or hazing; or
126          (b) to improperly influence the investigation of, or the response to, a report of bullying
127     or hazing.
128          [(9)] (15) "School" means a public elementary or secondary school, including a charter
129     school.
130          [(10)] (16) "School employee" means an individual working in the individual's official
131     capacity as:
132          (a) a school teacher;
133          (b) a school staff member;
134          (c) a school administrator; or
135          (d) an individual:
136          (i) who is employed, directly or indirectly, by a school, an LEA governing board, or a
137     school district; and
138          (ii) who works on a school campus.
139          Section 2. Section 53G-9-602 is amended to read:
140          53G-9-602. Bullying, hazing, and cyber-bullying prohibited.
141          (1) A school employee or student may not engage in bullying a school employee or
142     student:
143          (a) on school property;
144          (b) at a school related or sponsored event;
145          (c) on a school bus;
146          (d) at a school bus stop; or
147          (e) while the school employee or student is traveling to or from a location or event
148     described in Subsections (1)(a) through (d).
149          (2) A school employee or student may not engage in [hazing or cyber-bullying]
150     cyber-bullying or hazing a school employee or student at any time or in any location.
151          Section 3. Section 53G-9-603 is amended to read:
152          53G-9-603. Retaliation and making a false allegation prohibited.
153          (1) A school employee or student may not engage in retaliation against:
154          (a) a school employee;
155          (b) a student; or
156          (c) an investigator for, or a witness of, an alleged incident of bullying, cyber-bullying,
157     hazing, or retaliation.
158          (2) A school employee or student may not make a false allegation of bullying,
159     cyber-bullying, hazing, abusive conduct, or retaliation against a school employee or student.
160          Section 4. Section 53G-9-604 is amended to read:
161          53G-9-604. Parental notification of certain incidents and threats required.
162          (1) A school shall:
163          (a) notify a parent if the parent's student threatens to commit suicide; or
164          (b) notify the parents of each student involved in an incident [of bullying,
165     cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's
166     student] and the action plan to address the incident.
167          (2) (a) [If a school notifies a parent of an incident or threat required to be reported
168     under Subsection (1), the school shall produce and maintain a record that verifies that the
169     parent was notified of the incident or threat.] When a student threatens suicide or is involved in
170     an incident, the school shall produce and maintain a record that:
171          (i) verifies the school notified each parent in accordance with Subsection (1); and
172          (ii) tracks implementation of the action plan addressing the incident, if applicable.
173          (b) [A school shall maintain a record described in Subsection (2)(a) in accordance with
174     the requirements of:] Upon request from a parent whose student is the subject of a record
175     described in Subsection (2)(a), the school shall share the record with the parent in accordance
176     with the requirements of:
177          (i) Title 53E, Chapter 9, Part 2, Student Privacy;
178          (ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
179          (iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
180          (iv) 34 C.F.R. Part 99.
181          [(3) A local school board or charter school governing board shall adopt a policy
182     regarding the process for:]
183          [(a) notifying a parent as required in Subsection (1); and]
184          [(b) producing and retaining a record that verifies that a parent was notified of an
185     incident or threat as required in Subsection (2).]
186          [(4)] (3) At the request of a parent, a school may provide information and make
187     recommendations related to an incident or threat described in Subsection (1).
188          [(5)] (4) A school shall:
189          (a) provide a student a copy of a record maintained in accordance with this section that
190     relates to the student if the student requests a copy of the record; and
191          (b) expunge a record maintained in accordance with this section that relates to a
192     student if the student:
193          (i) has graduated from high school; and
194          (ii) requests the record be expunged.
195          Section 5. Section 53G-9-605 is amended to read:
196          53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation
197     policy.
198          (1) [On or before September 1, 2018, an LEA governing board shall update the LEA
199     governing board's bullying, cyber-bullying, hazing, and retaliation policy to include abusive
200     conduct] An LEA governing board shall adopt a bullying, cyber-bullying, hazing, abusive
201     conduct, and retaliation policy.
202          (2) [A policy] The LEA governing board shall:
203          (a) [be developed] develop the policy only with input from:
204          (i) students;
205          (ii) parents;
206          (iii) teachers;
207          (iv) school administrators;
208          (v) school staff; or
209          (vi) local law enforcement agencies; and
210          (b) provide protection to a student, regardless of the student's legal status.
211          (3) [A policy shall include the following components] The LEA governing board shall
212     include the following components in the policy:
213          (a) definitions of bullying, cyber-bullying, hazing, [and] abusive conduct, and
214     retaliation that are consistent with this part;
215          (b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
216          (c) language prohibiting retaliation [against an individual who reports conduct that is
217     prohibited under this part] as described in Section 53G-9-603;
218          (d) language prohibiting making a false report of bullying, cyber-bullying, hazing,
219     abusive conduct, or retaliation;
220          (e) as required in Section 53G-9-604, a process for parental notification of:
221          (i) a student's threat to commit suicide; [and]
222          (ii) an incident [of bullying, cyber-bullying, hazing, abusive conduct, or retaliation],
223     involving the parent's student; and
224          (iii) implementation of the school's action plan to address the incident;
225          (f) a grievance process for a school employee who has experienced abusive conduct;
226          (g) [an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
227     retaliation] a requirement that the school or LEA create and implement an action plan for each
228     incident in accordance with Section 53G-9-605.5; and
229          (h) a communication process by which the school or LEA regularly updates each parent
230     of a student involved in an incident regarding implementation of an action plan, including:
231          (i) the outcome of the school's or LEA's investigation;
232          (ii) a discussion of safety considerations for the student who is the subject of the
233     incident; and
234          (iii) an explanation of the school's or LEA's process for addressing the incident; and
235          [(h)] (i) a requirement for a signed statement annually, indicating that the individual
236     signing the statement has received the LEA governing board's policy, from each:
237          (i) school employee;
238          (ii) student who is at least eight years old; and
239          (iii) parent of a student enrolled in the [charter school or school district] LEA.
240          (4) A copy of [a] the policy described in this section shall be:
241          (a) included in student conduct handbooks;
242          (b) included in employee handbooks; and
243          (c) provided to a parent of a student enrolled in the charter school or school district.
244          (5) A policy may not permit formal disciplinary action that is based solely on an
245     anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
246          (6) Nothing in this part is intended to infringe upon the right of a school employee,
247     parent, or student to exercise the right of free speech.
248          Section 6. Section 53G-9-605.5 is enacted to read:
249          53G-9-605.5. Bullying incident action plan
250          (1) A school or LEA shall create an action plan for an incident.
251          (2) In an action plan, the school or LEA shall include:
252          (a) a communication plan designed to keep each parent updated on the implementation
253     of the action plan;
254          (b) with respect to the student to whom the incident was directed and in direct
255     coordination with the student's parent:
256          (i) a tailored response to the incident that addresses the student's needs;
257          (ii) supportive measures designed to preserve the student's access to educational
258     services and opportunities; and
259          (iii) to the extent available, access to other resources the parent requests for the student;
260     and
261          (c) with respect to the student who caused the incident and in direct coordination with
262     the student's parent:
263          (i) a range of tailored and appropriate consequences, making reasonable effort to
264     preserve the student's access to educational services and activities;
265          (ii) a process to determine and provide any needed resources related to the underlying
266     cause of the incident;
267          (iii) supportive measures designed to preserve the student's access to educational
268     services and opportunities while protecting the safety and well-being of other students; and
269          (iv) a process to remove the student from school in an emergency situation, including a
270     description of what constitutes an emergency.
271          (3) A school or LEA may not include in an action plan a requirement that the student to
272     whom is the incident was directed change the student's:
273          (a) educational schedule or placement; or
274          (b) participation in a school sponsored sport, club, or activity.
275          (4) A school or LEA shall establish an appeals process for a student who causes an
276     incident or the student's parent to appeal one or more of the consequences included in an action
277     plan.
278          (5) If, after a school or LEA attempts to involve a parent in the development and
279     implementation of an action plan, the parent chooses not to participate in the process, the
280     school or LEA may develop and implement an action plan without the parent's involvement.
281          Section 7. Section 53G-9-606 is amended to read:
282          53G-9-606. Model policy and state board duties.
283          (1) [On or before September 1, 2018, the] The state board shall:
284          (a) [update the state board's] create a model policy on bullying, cyber-bullying, hazing,
285     abusive conduct, and retaliation [to include abusive conduct]; and
286          (b) post the model policy described in Subsection (1)(a) on the state board's website.
287          (2) The state board shall require an LEA governing board to report annually to the state
288     board on:
289          (a) the LEA governing board's policy, including implementation of the signed
290     statement requirement described in Subsection 53G-9-605(3);
291          (b) the LEA governing board's training of school employees relating to bullying,
292     cyber-bullying, hazing, and retaliation described in Section 53G-9-607;
293          (c) the demographics of an individual who is subject to bullying, hazing,
294     cyber-bullying, or retaliation subject to:
295          (i) Title 53E, Chapter 9, Part 2, Student Privacy;
296          (ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
297          (iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
298          (iv) 34 C.F.R. Part 99; and
299          (d) other information related to this part, as determined by the state board.
300          Section 8. Section 53G-9-607 is amended to read:
301          53G-9-607. Training, education, and prevention -- Standards.
302          (1) An LEA shall designate an individual at the LEA level who:
303          (a) provides training to an individual described in Subsection (2);
304          (b) oversees the implementation of an action plan;
305          (c) for each incident, monitors implementation of the LEA's policy regarding a
306     communication process with a parent described in Section 53G-9-605;
307          (d) acts as the LEA liaison to the state board regarding bullying, cyber-bullying,
308     hazing, abusive conduct, and retaliation; and
309          (e) assists a school with case-specific needs when the school is addressing an incident.
310          [(1)] (2) (a) An LEA governing board shall include in the training of a school employee
311     training regarding:
312          (i) bullying, cyber-bullying, hazing, abusive conduct, and retaliation; and
313          (ii) applicable civil rights laws.
314          (b) An LEA governing board shall ensure the training described in Subsection (2)(a)
315     [that] meets the standards described in Subsection [(4)] (5).
316          [(b)] (c) An LEA governing board may offer voluntary training to parents and students
317     regarding [abusive conduct] bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
318          [(2)] (3) To the extent that state or federal funding is available for this purpose, LEA
319     governing boards are encouraged to implement programs or initiatives, in addition to the
320     training described in Subsection [(1)] (2), to provide for training and education regarding, and
321     the prevention of, bullying, cyber-bullying, hazing, abusive conduct, [and] or retaliation.
322          [(3)] (4) The programs or initiatives described in Subsection [(2)] (3) may involve:
323          (a) the establishment of a bullying task force; or
324          (b) the involvement of school employees, students, or law enforcement.
325          [(4)] (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
326     Act, the state board shall make rules that establish standards for high quality training related to:
327          (a) bullying, cyber-bullying, hazing, abusive conduct, and retaliation[.]; and
328          (b) applicable civil rights laws.