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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
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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 [
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; [
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 [
68 written, or electronic.
69 [
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 [
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 [
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 [
114 governing board.
115 [
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 [
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 [
129 school.
130 [
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 [
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 [
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167 (2) (a) [
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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) [
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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 [
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183 [
184 [
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186 [
187 recommendations related to an incident or threat described in Subsection (1).
188 [
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) [
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201 conduct, and retaliation policy.
202 (2) [
203 (a) [
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) [
212 include the following components in the policy:
213 (a) definitions of bullying, cyber-bullying, hazing, [
214 retaliation that are consistent with this part;
215 (b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
216 (c) language prohibiting retaliation [
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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; [
222 (ii) an incident [
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) [
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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 [
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 [
240 (4) A copy of [
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) [
284 (a) [
285 abusive conduct, and retaliation [
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 [
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 [
316 [
317 regarding [
318 [
319 governing boards are encouraged to implement programs or initiatives, in addition to the
320 training described in Subsection [
321 the prevention of, bullying, cyber-bullying, hazing, abusive conduct, [
322 [
323 (a) the establishment of a bullying task force; or
324 (b) the involvement of school employees, students, or law enforcement.
325 [
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[
328 (b) applicable civil rights laws.