This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 28, 2024 at 6:19 PM by lpoole.
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6 Cosponsors:
7 Cheryl K. Acton
8 Melissa G. Ballard
9 Jefferson S. Burton
Tyler Clancy
Matthew H. Gwynn
Dan N. Johnson
Trevor Lee
A. Cory Maloy
Jefferson Moss
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11 LONG TITLE
12 General Description:
13 This bill establishes a system for school safety incidents.
14 Highlighted Provisions:
15 This bill:
16 ▸ amends the International Fire Code;
17 ▸ requires certain state buildings and schools to have emergency communication
18 systems;
19 ▸ requires school resource officer training to be developed by the state security chief;
20 ▸ establishes duties of the state security chief and a county security chief in relation to
21 school safety initiatives;
22 ▸ establishes a school guardian program;
23 ▸ requires threat reporting by state employees and others if they become aware of
24 threats to schools;
25 ▸ establishes some reporting from the SafeUT Crisis Line to the state's intelligence
26 databases;
27 ▸ requires certain school safety data to be included in the annual school disciplinary
28 report;
29 ▸ expands requirements for school resource officer contracts and policies;
30 ▸ requires a local education agency (LEA) to ensure that each school within the LEA
31 conduct a school safety needs assessment;
32 ▸ requires designation of certain school safety personnel;
33 ▸ clarifies that a school may share certain information regarding an incident of
34 bullying, cyber-bullying, hazing, abusive conduct, or retaliation with a parent upon
35 request;
36 ▸ requires a school to provide regular communication updates to a parent regarding
37 the implementation of an action plan to address an incident of bullying,
38 cyber-bullying, hazing, abusive conduct, or retaliation;
39 ▸ requires an LEA to update the LEA's bullying, cyber-bullying, hazing, abusive
40 conduct, and retaliation policy related to certain social media use of a student;
41 ▸ requires an LEA to designate an individual for bullying incident response and
42 outlines the individual's duties;
43 ▸ requires panic alert devices and video camera access for schools and classrooms;
44 ▸ requires coordination of emergency call information with the state's intelligence
45 system;
46 ▸ amends process for secure firearm storage under certain circumstances to include
47 school guardians; and
48 ▸ makes technical changes.
49 Money Appropriated in this Bill:
50 This bill appropriates in fiscal year 2025:
51 ▸ to State Board of Education - Contracted Initiatives and Grants - School Safety and
52 Support Grant Program as a one-time appropriation:
53 • from the Public Education Economic Stabilization Restricted Account,
54 One-time, $100,000,000
55 ▸ to State Board of Education - Contracted Initiatives and Grants - Early Warning
56 Program as an ongoing appropriation:
57 • from the Income Tax Fund, $2,100,000
58 ▸ to State Board of Education - Utah Schools for the Deaf and the Blind -
59 Administration as an ongoing appropriation:
60 • from the Income Tax Fund, $45,700
61 ▸ to Department of Public Safety - Programs & Operations - Department
62 Commissioner's Office as an ongoing appropriation:
63 • from the General Fund, $2,118,100
64 ▸ to Legislature - House of Representatives - Administration as a one-time
65 appropriation:
66 • from the General Fund, One-time, $11,200
67 ▸ to Legislature - Senate - Administration as a one-time appropriation:
68 • from the General Fund, One-time, $11,200
69 ▸ to Legislature - Office of Legislative Research and General Counsel -
70 Administration as a one-time appropriation:
71 • from the General Fund, One-time, $19,900
72 Other Special Clauses:
73 This bill provides a special effective date.
74 Utah Code Sections Affected:
75 AMENDS:
76 15A-5-203, as last amended by Laws of Utah 2023, Chapters 95, 327
77 15A-5-205.5, as last amended by Laws of Utah 2023, Chapter 95
78 17-22-2, as last amended by Laws of Utah 2023, Chapter 15
79 53-1-108, as last amended by Laws of Utah 2016, Chapter 302
80 53-10-302, as last amended by Laws of Utah 2016, Chapter 302
81 53-22-101, as enacted by Laws of Utah 2023, Chapter 383
82 53-22-102, as enacted by Laws of Utah 2023, Chapter 383
83 53-22-103, as enacted by Laws of Utah 2023, Chapter 383
84 53B-17-1201, as renumbered and amended by Laws of Utah 2019, Chapter 446
85 53B-17-1202, as renumbered and amended by Laws of Utah 2019, Chapter 446
86 53B-17-1203, as last amended by Laws of Utah 2023, Chapter 328
87 53B-17-1204, as last amended by Laws of Utah 2020, Chapter 365
88 53E-3-516, as last amended by Laws of Utah 2023, Chapters 115, 161
89 53E-3-518, as last amended by Laws of Utah 2023, Chapter 70
90 53E-3-702, as last amended by Laws of Utah 2019, Chapter 186
91 53E-3-706, as last amended by Laws of Utah 2022, Chapter 421
92 53F-4-207, as last amended by Laws of Utah 2022, Chapter 208
93 53F-5-220, as enacted by Laws of Utah 2023, Chapter 383
94 53G-6-806, as enacted by Laws of Utah 2023, Chapter 70
95 53G-8-213, as enacted by Laws of Utah 2023, Chapter 161
96 53G-8-701, as last amended by Laws of Utah 2023, Chapter 383
97 53G-8-702, as last amended by Laws of Utah 2023, Chapter 383
98 53G-8-703, as last amended by Laws of Utah 2023, Chapter 383
99 53G-8-801, as enacted by Laws of Utah 2019, Chapter 441
100 53G-8-802, as last amended by Laws of Utah 2023, Chapters 328, 383
101 53G-8-803, as enacted by Laws of Utah 2023, Chapter 390
102 53G-9-601, as last amended by Laws of Utah 2023, Chapter 423
103 53G-9-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
104 53G-9-603, as renumbered and amended by Laws of Utah 2018, Chapter 3
105 53G-9-604, as last amended by Laws of Utah 2023, Chapter 423
106 53G-9-605, as last amended by Laws of Utah 2019, Chapter 293
107 53G-9-606, as last amended by Laws of Utah 2022, Chapter 399
108 53G-9-607, as last amended by Laws of Utah 2020, Chapter 408
109 63H-7a-103, as last amended by Laws of Utah 2020, Chapter 368
110 63H-7a-208, as last amended by Laws of Utah 2020, Chapter 368
111 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25), as last amended by Laws of Utah 2023,
112 Chapters 30, 52, 133, 161, 310, 367, and 494
113 63I-1-253 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
114 Chapters 30, 52, 133, 161, 187, 310, 367, and 494
115 63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
116 21, 33, 142, 167, 168, 380, 383, and 467
117 63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
118 33, 142, 167, 168, 310, 380, 383, and 467
119 76-10-505.5, as last amended by Laws of Utah 2021, Chapter 141
120 ENACTS:
121 53-10-117, Utah Code Annotated 1953
122 53-22-104.1, Utah Code Annotated 1953
123 53-22-104.2, Utah Code Annotated 1953
124 53-22-105, Utah Code Annotated 1953
125 53-22-106, Utah Code Annotated 1953
126 53G-8-701.6, Utah Code Annotated 1953
127 53G-8-701.8, Utah Code Annotated 1953
128 53G-8-704, Utah Code Annotated 1953
129 53G-8-805, Utah Code Annotated 1953
130 53G-9-605.5, Utah Code Annotated 1953
131 REPEALS AND REENACTS:
132 53G-8-701.5, as enacted by Laws of Utah 2023, Chapter 383
133 REPEALS:
134 53G-8-703.2, as enacted by Laws of Utah 2023, Chapter 383
135
136 Be it enacted by the Legislature of the state of Utah:
137 Section 1. Section 15A-5-203 is amended to read:
138 15A-5-203. Amendments and additions to IFC related to fire safety, building, and
139 site requirements.
140 (1) For IFC, Chapter 5, Fire Service Features:
141 (a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
142 follows: "An authority having jurisdiction over a structure built in accordance with the
143 requirements of the International Residential Code as adopted in the State Construction Code,
144 may require an automatic fire sprinkler system for the structure only by ordinance and only if
145 any of the following conditions exist:
146 (i) the structure:
147 (A) is located in an urban-wildland interface area as provided in the Utah Wildland
148 Urban Interface Code adopted as a construction code under the State Construction Code; and
149 (B) does not meet the requirements described in Utah Code, Subsection
150 65A-8-203(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
151 County Wildland Fire Ordinance;
152 (ii) the structure is in an area where a public water distribution system with fire
153 hydrants does not exist as required in Utah Administrative Code, R309-550-5, Water Main
154 Design;
155 (iii) the only fire apparatus access road has a grade greater than 10% for more than 500
156 continual feet;
157 (iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
158 exceeds 10,000 square feet; or
159 (v) the total floor area of all floor levels within the exterior walls of the dwelling unit is
160 double the average of the total floor area of all floor levels of unsprinkled homes in the
161 subdivision that are no larger than 10,000 square feet.
162 (vi) Exception: A single family dwelling does not require a fire sprinkler system if the
163 dwelling:
164 (A) is located outside the wildland urban interface;
165 (B) is built in a one-lot subdivision; and
166 (C) has 50 feet of defensible space on all sides that limits the propensity of fire
167 spreading from the dwelling to another property."
168 (b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
169 follows: "Where access to or within a structure or an area is restricted because of secured
170 openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
171 fire code official, after consultation with the building owner, may require a key box to be
172 installed in an approved location. The key box shall contain keys to gain necessary access as
173 required by the fire code official. For each fire jurisdiction that has at least one building with a
174 required key box, the fire jurisdiction shall adopt an ordinance, resolution, or other operating
175 rule or policy that creates a process to ensure that each key to each key box is properly
176 accounted for and secure."
177 (c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings,
178 is added as follows: "Fire flow may be reduced for an isolated one- and two-family dwelling
179 when the authority having jurisdiction over the dwelling determines that the development of a
180 full fire-flow requirement is impractical."
181 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as
182 follows:
183 "507.1.2 Pre-existing subdivision lots.
184 The requirements for a pre-existing subdivision lot shall not exceed the requirements
185 described in Section 501.5."
186 (e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3.
187 One interior and one detached accessory dwelling unit on a single residential lot."
188 (f) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in
189 new buildings, is amended by adding: "When required by the fire code official, unless the new
190 building is a public school as that term is defined in Section 53G-9-205.1 or a private school,
191 then the fire code official shall require," at the beginning of the first paragraph.
192 (2) For IFC, Chapter 6, Building Services and Systems:
193 (a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
194 follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key box or
195 similar box with corresponding key system that is adjacent to the elevator for immediate use by
196 the fire department. The key box shall contain one key for each elevator, one key for lobby
197 control, and any other keys necessary for emergency service. The elevator key box shall be
198 accessed using a 6049 numbered key."
199 (b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
200 the word "Code", add the words "and NFPA 96".
201 (c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
202 hood is not required for a cooking appliance in a microenterprise home kitchen, as that term is
203 defined in Utah Code, Section 26B-7-401, for which the operator obtains a permit in
204 accordance with Utah Code, Title 26, Chapter 15c, Microenterprise Home Kitchen Act."
205 (3) For IFC, Chapter 7, Fire and Smoke Protection Features, IFC, Chapter 7, Section
206 705.2, is amended to add the following: "Exception: In Group E Occupancies, where the
207 corridor serves an occupant load greater than 30 and the building does not have an automatic
208 fire sprinkler system installed, the door closers may be of the friction hold-open type on
209 classrooms' doors with a rating of 20 minutes or less only."
210 Section 2. Section 15A-5-205.5 is amended to read:
211 15A-5-205.5. Amendments to Chapters 11 and 12 of IFC.
212 (1) For IFC, Chapter 11, Construction Requirements for Existing Buildings:
213 (a) IFC, Chapter 11, Section 1103.2, Emergency Responder Communication Coverage
214 in Existing Buildings, is amended as follows: On line two after the title, the following is added:
215 "When required by the fire code official, unless the existing building is a public school as that
216 term is defined in Section 53G-9-205.1 or a private school, then the fire code official shall
217 require,".
218 (b) IFC, Chapter 11, Section 1103.5.1, Group A-2, is deleted and replaced with the
219 following:
220 "1103.5.1 Group A-2. An automatic fire sprinkler system shall be provided throughout
221 existing Group A-2 occupancies where indoor pyrotechnics are used."
222 (c) IFC, Chapter 11, Section 1103.6, Standpipes, is deleted.
223 (d) IFC, Chapter 11, 1103.7, Fire Alarm Systems, is deleted and rewritten as follows:
224 "1103.7, Fire Alarm Systems. The following shall have an approved fire alarm system installed
225 in accordance with Utah Administrative Code, R710-4, Buildings Under the Jurisdiction of the
226 Utah Fire Prevention Board:
227 1. a building with an occupant load of 300 or more persons that is owned or operated
228 by the state;
229 2. a building with an occupant load of 300 or more persons that is owned or operated
230 by an institution of higher education; and
231 3. a building with an occupant load of 50 or more persons that is owned or operated by
232 a school district, private school, or charter school.
233 Exception: the requirements of this section do not apply to a building designated as an
234 Institutional Group I (as defined in IFC 202) occupancy."
235 (e) IFC, Chapter 11, 1103.7.1 Group E, 1103.7.2 Group I-1, 1103.7.3 Group I-2,
236 1103.7.4 Group I-3, 1103.7.5 Group R-1, 1103.7.5.1 Group R-1 hotel and motel manual fire
237 alarm system, 1103.7.5.1.1 Group R-1 hotel and motel automatic smoke detection system,
238 1103.7.5.2 Group R-1 boarding and rooming houses manual fire alarm system, 1103.7.5.2.1
239 Group R-1 boarding and rooming houses automatic smoke detection system, 1103.7.6 Group
240 R-2 are deleted.
241 (f) IFC, Chapter 11, Section 1103.5.4, High-rise buildings, is amended as follows: On
242 line two, delete "not been adopted" and replace with "been adopted."
243 (g) IFC, Chapter 11, Section 1103.9, Carbon monoxide alarms, is deleted and rewritten
244 as follows:
245 "1103.9 Carbon Monoxide Detection.
246 Existing Groups E, I-1, I-2, I-4, and R occupancies shall be equipped with carbon
247 monoxide detection in accordance with Section 915."
248 (2) For IFC, Chapter 12, Energy Systems:
249 (a) Delete the section title "1205.2.1 Solar photovoltaic systems for Group R-3
250 buildings" and replace with the section title "1205.2.1 Solar photovoltaic systems for Group
251 R-3 and buildings constructed in accordance with IRC."
252 (b) Section 1205.2.1, Solar photovoltaic systems for Group R-3 buildings, Exception 1
253 is deleted, Exception 2 is renumbered to 1 and a second exception is added as follows: "2.
254 Reduction in pathways and clear access width are permitted where a rational approach has been
255 used and the reduction is warranted and approved by the Fire Code Official."
256 (c) Section 1205.3.1 Perimeter pathways, and 1205.3.2 Interior pathways, are deleted
257 and rewritten as follows: "1204.3.1 Perimeter pathways. There shall be a minimum three foot
258 wide (914 mm) clear perimeter around the edges of the roof. The solar installation shall be
259 designed to provide designated pathways. The pathways shall meet the following requirements:
260 1. The pathway shall be over areas capable of supporting the live load of fire fighters
261 accessing the roof.
262 2. The centerline axis pathways shall be provided in both axes of the roof. Centerline
263 axis pathways shall run where the roof structure is capable of supporting the live load of fire
264 fighters accessing the roof.
265 3. Smoke and heat vents required by Section 910.2.1 or 910.2.2 shall be provided with
266 a clear pathway width of not less than three feet (914 mm) to the vents.
267 4. Access to roof area required by Section 504.3 or 1011.12 shall be provided with a
268 clear pathway width of not less than three feet (914 mm) around access opening and at least
269 three feet (914 mm) clear pathway to parapet or roof edge."
270 (d) Section 1205.3.3, Smoke ventilation, is deleted and rewritten as follows: "1205.3.2,
271 Smoke ventilation. The solar installation shall be designed to meet the following requirements:
272 1. Arrays shall be no greater than 150 feet (45720 mm) by 150 feet (45720 mm) in
273 distance in either axis in order to create opportunities for fire department smoke ventilation
274 operations.
275 2. Smoke ventilation options between array sections shall be one of the following:
276 2.1 A pathway six feet (1829 mm) or greater in width.
277 2.2 A pathway three feet (914 mm) or greater in width and bordering roof skylights or
278 smoke and heat vents when required by Section 910.2.1 or Section 910.2.2.
279 2.3 Smoke and heat vents designed for remote operation using devices that can be
280 connected to the vent by mechanical, electrical, or any other suitable means, protected as
281 necessary to remain operable for the design period. Controls for remote operation shall be
282 located in a control panel, clearly identified and located in an approved location.
283 3. Where gravity-operated dropout smoke and heat vents occur, a pathway three feet
284 (914 mm) or greater in width on not fewer than one side."
285 Section 3. Section 17-22-2 is amended to read:
286 17-22-2. Sheriff -- General duties.
287 (1) The sheriff shall:
288 (a) preserve the peace;
289 (b) make all lawful arrests;
290 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
291 required or when the court is held within his county, all courts of record, and court
292 commissioner and referee sessions held within his county, obey their lawful orders and
293 directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
294 Administration;
295 (d) upon request of the juvenile court, aid the court in maintaining order during
296 hearings and transport a minor to and from youth corrections facilities, other institutions, or
297 other designated places;
298 (e) attend county justice courts if the judge finds that the matter before the court
299 requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
300 custody, or for the custody of jurors;
301 (f) command the aid of as many inhabitants of [
302 sheriff considers necessary in the execution of these duties;
303 (g) take charge of and keep the county jail and the jail prisoners;
304 (h) receive and safely keep all persons committed to [
305 preserve the commitments of those persons in custody, and record the name, age, place of birth,
306 and description of each person committed;
307 (i) release on the record all attachments of real property when the attachment [
308 sheriff receives has been released or discharged;
309 (j) endorse on all process and notices the year, month, day, hour, and minute of
310 reception, and, upon payment of fees, issue a certificate to the person delivering process or
311 notice showing the names of the parties, title of paper, and the time of receipt;
312 (k) serve all process and notices as prescribed by law;
313 (l) if [
314 notices the manner, time, and place of service, or, if [
315 certify the reason upon the process or notice, and return them without delay;
316 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
317 land within his county;
318 (n) perform as required by any contracts between the county and private contractors for
319 management, maintenance, operation, and construction of county jails entered into under the
320 authority of Section 17-53-311;
321 (o) for the sheriff of a county of the second through sixth class that enters into an
322 interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
323 Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
324 (p) manage and direct search and rescue services in his county, including emergency
325 medical responders and other related incident response activities;
326 (q) obtain saliva DNA specimens as required under Section 53-10-404;
327 (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
328 detention, or search of any person when the action is solely motivated by considerations of
329 race, color, ethnicity, age, or gender;
330 (s) as applicable, select a representative of law enforcement to serve as a member of a
331 child protection team, as defined in Section 80-1-102;
332 (t) appoint a county security chief in accordance with Section 53-22-103 and ensure the
333 county security chief fulfills the county security chief's duties; and
334 [
335 (2) (a) Violation of Subsection (1)(j) is a class C misdemeanor.
336 (b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
337 (3) (a) As used in this Subsection (3):
338 (i) "Police interlocal entity" [
339 that term is defined in Sections 17-30-3 and 17-30a-102.
340 (ii) "Police special district" means the same as that term is defined in Section 17-30-3.
341 (b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
342 which includes within its boundary a police special district or police interlocal entity, or both:
343 (i) serves as the chief executive officer of each police special district and police
344 interlocal entity within the county with respect to the provision of law enforcement service
345 within the boundary of the police special district or police interlocal entity, respectively; and
346 (ii) is subject to the direction of the police special district board of trustees or police
347 interlocal entity governing body, as the case may be, as and to the extent provided by
348 agreement between the police special district or police interlocal entity, respectively, and the
349 sheriff.
350 (c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
351 11-13-202(4), if a police interlocal entity or police special district enters an interlocal
352 agreement with a public agency, as defined in Section 11-13-103, for the provision of law
353 enforcement service, the sheriff:
354 (i) does not serve as the chief executive officer of any interlocal entity created under
355 that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
356 executive officer; and
357 (ii) shall provide law enforcement service under that interlocal agreement as provided
358 in the agreement.
359 Section 4. Section 53-1-108 is amended to read:
360 53-1-108. Commissioner's powers and duties.
361 (1) In addition to the responsibilities contained in this title, the commissioner shall:
362 (a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility
363 of Motor Vehicle Owners and Operators Act;
364 (b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
365 required to properly discharge the duties of the department;
366 (c) make rules:
367 (i) governing emergency use of signal lights on private vehicles; and
368 (ii) allowing privately owned vehicles to be designated for part-time emergency use, as
369 provided in Section 41-6a-310;
370 (d) set standards for safety belt systems, as required by Section 41-6a-1803;
371 (e) serve as the cochair of the Emergency Management Administration Council, as
372 required by Section 53-2a-105;
373 (f) designate vehicles as "authorized emergency vehicles," as required by Section
374 41-6a-102; and
375 (g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
376 detention, or search of any person when the action is solely motivated by considerations of
377 race, color, ethnicity, age, or gender.
378 (2) The commissioner may:
379 (a) subject to the approval of the governor, establish division headquarters at various
380 places in the state;
381 (b) issue to a special agent a certificate of authority to act as a peace officer and revoke
382 that authority for cause, as authorized in Section 56-1-21.5;
383 (c) create specialized units within the commissioner's office for conducting internal
384 affairs and aircraft operations as necessary to protect the public safety;
385 (d) cooperate with any recognized agency in the education of the public in safety and
386 crime prevention and participate in public or private partnerships, subject to Subsection (3);
387 (e) cooperate in applying for and distributing highway safety program funds;
388 (f) receive and distribute federal funding to further the objectives of highway safety in
389 compliance with Title 63J, Chapter 5, Federal Funds Procedures Act; [
390 (g) authorize off-duty personal use of Department of Public Safety emergency
391 vehicles[
392 (h) deny or revoke a public or private school's occupancy permit based on the
393 recommendations of the state security chief as described in Section 53-22-102.
394 (3) (a) Money may not be expended under Subsection (2)(d) for public safety education
395 unless it is specifically appropriated by the Legislature for that purpose.
396 (b) Any recognized agency receiving state money for public safety shall file with the
397 auditor of the state an itemized statement of all its receipts and expenditures.
398 Section 5. Section 53-10-117 is enacted to read:
399 53-10-117. Law enforcement agency with school resource officer unit -- Policy.
400 (1) A law enforcement agency with a school resource officer unit shall develop a
401 school resource officer policy.
402 (2) The law enforcement agency shall ensure the policy described in Subsection (1)
403 includes:
404 (a) the process for assignment and selection of a school resource officer;
405 (b) required training of a school resource officer;
406 (c) internal reporting requirements;
407 (d) arrest and use of force protocols;
408 (e) general oversight and accountability; and
409 (f) other duties required of a school resource officer.
410 (3) The state security chief described in Section 53-22-102 shall create a model policy
411 consistent with this section.
412 (4) A law enforcement agency may adopt the model policy described in Subsection (3).
413 Section 6. Section 53-10-302 is amended to read:
414 53-10-302. Bureau duties.
415 The bureau shall:
416 (1) provide assistance and investigative resources to divisions within the Department of
417 Public Safety;
418 (2) upon request, provide assistance and specialized law enforcement services to local
419 law enforcement agencies;
420 (3) conduct financial investigations regarding suspicious cash transactions, fraud, and
421 money laundering;
422 (4) investigate criminal activity of organized crime networks, gangs, extremist groups,
423 and others promoting violence;
424 (5) investigate criminal activity of terrorist groups;
425 (6) enforce the Utah Criminal Code;
426 (7) cooperate and exchange information with other state agencies and with other law
427 enforcement agencies of government, both within and outside of this state, through a statewide
428 information and intelligence center to obtain information that may achieve more effective
429 results in the prevention, detection, and control of crime and apprehension of criminals,
430 including systems described in Sections 53E-3-518, 53B-17-1202, and 63H-7a-103(14);
431 (8) create and maintain a statewide criminal intelligence system;
432 (9) provide specialized case support and investigate illegal drug production,
433 cultivation, and sales;
434 (10) investigate, follow-up, and assist in highway drug interdiction cases;
435 (11) make rules to implement this chapter;
436 (12) perform the functions specified in Part 2, Bureau of Criminal Identification;
437 (13) provide a state cybercrime unit to investigate computer and network intrusion
438 matters involving state-owned computer equipment and computer networks as reported under
439 Section 76-6-705;
440 (14) investigate violations of Section 76-6-703 and other computer related crimes,
441 including:
442 (a) computer network intrusions;
443 (b) denial of services attacks;
444 (c) computer related theft or fraud;
445 (d) intellectual property violations; and
446 (e) electronic threats; [
447 (15) upon request, investigate the following offenses when alleged to have been
448 committed by an individual who is currently or has been previously elected, appointed, or
449 employed by a governmental entity:
450 (a) criminal offenses; and
451 (b) matters of public corruption[
452 (16) (a) [
453 referred to in this section; and
454 (b) other agencies are not prohibited from investigating crimes referred to in this
455 section.
456 Section 7. Section 53-22-101 is amended to read:
457 53-22-101. School Security Act -- Definitions.
458 As used in this chapter:
459 (1) "Advisory board" means the Education Advisory Board created in Section
460 53-22-104.2.
461 (2) "County security chief" means the individual whom a county sheriff appoints in
462 accordance with Section 53-22-103 to oversee school safety.
463 (3) "Local education agency" means the same as that term is defined in Section
464 53E-1-102.
465 (4) "Public school" means the same as that term is defined in Section 53G-9-205.1.
466 (5) "School" means an elementary school or a secondary school that:
467 (a) is a public school; and
468 (b) provides instruction for one or more of the grades of kindergarten through grade 12.
469 (6) "School is in session" means the same as the term is defined in Section 53E-3-516.
470 [
471
472 Section 53G-8-701.
473 [
474 under Section 53-22-102.
475 (9) "Task force" means the School Security Task Force created in Section 53-22-104.1.
476 Section 8. Section 53-22-102 is amended to read:
477 53-22-102. State security chief -- Creation -- Appointment.
478 (1) There is created within the department a state security chief.
479 (2) The state security chief:
480 (a) is appointed by the commissioner with the approval of the governor;
481 (b) is subject to the supervision and control of the commissioner;
482 (c) may be removed at the will of the commissioner;
483 (d) shall be qualified by experience and education to:
484 (i) enforce the laws of this state relating to school safety;
485 (ii) perform duties prescribed by the commissioner; and
486 (iii) enforce rules made under this chapter.
487 [
488
489
490 (3) The state security chief shall:
491 (a) establish building and safety standards for all public and private schools including:
492 (i) coordinating with the State Board of Education to establish the required minimum
493 safety and security standards for all public and private school facilities, including:
494 (A) limited entry points, including, if applicable, secured entry points for specific
495 student grades or groups;
496 (B) video surveillance of entrances when school is in session;
497 (C) ground level windows protected by security film or ballistic windows;
498 (D) internal classroom door locks;
499 (E) bleed kits and first aid kits;
500 (F) exterior cameras on entrances, parking areas, and campus grounds; and
501 (G) fencing around playgrounds;
502 (ii) establishing a schedule or timeline for existing buildings to come into compliance
503 with this section;
504 (iii) creating a process to examine plans and specifications for construction or
505 remodeling of a school building, in accordance with Section 53E-3-706;
506 (iv) recommending to the commissioner the denial or revocation a public or private
507 school's occupancy permit for a building if:
508 (A) the building does not meet the standards established in this section; and
509 (B) after consultation with the local governing board, the building remains
510 non-compliant with the standards established in this section;
511 (v) creating minimum standards for radio communication equipment in every school;
512 and
513 (vi) establishing a process to approve the safety and security criteria the state
514 superintendent of public instruction establishes for building inspectors described in Section
515 53E-3-706;
516 (b) oversee the implementation of the school safety personnel requirements described
517 in Section 53G-8-701.5 including:
518 (i) in consultation with a county security chief, overseeing the school guardian program
519 described in Section 53-22-105, including approving and coordinating the relevant training
520 programs;
521 (ii) establishing an application process for approved alternatives to the school safety
522 personnel requirements described in Section 53G-8-701.5;
523 (iii) selecting training requirements for school safety and security specialists in
524 consultation with the state board of education as described in Section 53G-8-701.6;
525 (iv) as required by Section 53G-8-701.8, tracking each school safety and security
526 director for a local education agency and ensure that the contact information for the school
527 safety and security directors is readily available to the local law enforcement of relevant
528 jurisdiction; and
529 (v) reviewing and approving the State Board of Education's school resource officer
530 training program as described in Section 53G-8-702;
531 (c) oversee the creation of school safety trainings, protocols, and incident responses,
532 including:
533 (i) in consultation with the State Board of Education, defining what constitutes an
534 "active threat" and "developmentally appropriate" for purposes of the emergency response
535 training described in Section 53G-8-803;
536 (ii) in consultation with the Office of Substance Abuse and Mental Health, establishing
537 or selecting an adolescent mental health and de-escalation training for school safety personnel;
538 (iii) consulting with the school safety center to develop the model critical incident
539 response that all schools and law enforcement will use during a threat, including:
540 (A) standardized response protocol terminology for use throughout the state, including
541 what constitutes a threat;
542 (B) protocols for planning and safety drills, including drills required in a school before
543 the school year begins;
544 (C) integration and appropriate use of a panic alert device described in Subsection
545 53G-8-805;
546 (D) the establishment of incident command for a threat or safety incident, including
547 which entity and individual runs the incident command;
548 (E) the required components for a communication plan to be followed during an
549 incident or threat;
550 (F) reunification plan protocols, including the appropriate design and use of an incident
551 command by others responding or involved in an incident; and
552 (G) recommendations for safety equipment for schools, including amounts and types of
553 first aid supplies;
554 (iv) reviewing and suggesting any changes to the response plans and training under
555 Section 53G-8-803;
556 (v) creating the official standard response protocol described in Section 53G-8-803 for
557 use by schools and law enforcement for school safety incidents; and
558 (vi) establishing a manner for any security personnel described in Section 53G-8-701.5
559 to be quickly identified by law enforcement during an incident;
560 (d) in consultation with the school safety center established in Section 53G-8-802:
561 (i) create a process to receive and analyze the school safety needs assessments
562 described in Section 53G-8-701.5; and
563 (ii) establish a required data reporting system for public schools to report serious and
564 non-serious threats and other data related to threat assessment that the state security chief
565 determines to be necessary; and
566 (e) fulfill any other duties and responsibilities determined by the commissioner.
567 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
568 department in consultation with the state security chief shall make rules to fulfill the duties
569 described in this section.
570 (5) The state security chief may delegate duties under this section to a sworn
571 department member with the approval of the commissioner.
572 Section 9. Section 53-22-103 is amended to read:
573 53-22-103. County sheriff responsibilities -- Coordination.
574 (1) Each county sheriff shall identify an individual as a county security chief within the
575 sheriff's office.
576 (a) [
577 the state security chief, the county sheriff's office, and the corresponding police chiefs whose
578 jurisdiction includes a public school within the county[
579 (2) The county security chief shall:
580 (a) in collaboration with the school safety and security specialist described in Section
581 53G-8-701.6:
582 (i) conduct, or coordinate with a designee from the local law enforcement agency of
583 relevant jurisdiction to conduct the school safety needs assessment described in Section
584 53G-8-701.5; and
585 (ii) conduct a building safety evaluation at least annually using the results of the school
586 safety needs assessment to recommend and implement improvements to school facilities,
587 policies, procedures, protocols, rules, and regulations relating to school safety and security;
588 (b) collaborate and maintain effective communications regarding school safety with
589 each:
590 (i) school safety and security specialist in the county security chief's county, as
591 described in Section 53G-8-701.6;
592 (ii) school safety and security director in the county security chief's county, as
593 described in Section 53G-8-701.8; and
594 (iii) local law enforcement agency within the county;
595 (c) administer with the corresponding police chiefs whose jurisdiction includes a public
596 school the trainings described in Sections 53-22-105 and 53G-8-704, including:
597 (i) assessing if an individual is capable of the duties and responsibilities that the
598 trainings cover; and
599 (ii) denying an individual the ability to be a school safety personnel described in
600 Section 53G-8-701.5 if the county security chief finds the individual is not capable of the
601 duties and responsibilities that the trainings cover; and
602 (d) in conjunction with the state security chief, administer the school guardian program
603 established in Section 53-22-105 at any school participating in the program in the county
604 security chief's county.
605 Section 10. Section 53-22-104.1 is enacted to read:
606 53-22-104.1. School Security Task Force -- Membership -- Duties -- Per diem --
607 Report -- Expiration.
608 (1) There is created a School Security Task Force composed of the following members:
609 (a) the House chair and vice chair of the House Law Enforcement and Criminal Justice
610 Standing Committee during the 2024 General Session, with the House chair serving as the
611 co-chair of the task force;
612 (b) two members from the Senate, whom the president of the Senate selects and one of
613 whom the president of the Senate appoints as co-chair of the task force;
614 (c) the state security chief;
615 (d) one member of the State Board of Education, whom the chair of State Board of
616 Education selects;
617 (e) a member of the school safety center, whom the state security chief selects;
618 (f) the director of the Utah Division of Juvenile Justice Youth Services or the director's
619 designee;
620 (g) a member of the Utah School Superintendents Association, whom the chairs select;
621 (h) one member of the Chiefs of Police Association from a county of the first or second
622 class;
623 (i) one member of the Sheriff's Association from a county of the third, fourth, fifth, or
624 sixth class, whom the president of the associations selects;
625 (j) one county security chief, whom the state security chief selects;
626 (k) a school safety and security director, whom the chairs select;
627 (l) a school resource officer, whom the state security chief selects; and
628 (m) a member of the SafeUT and School Safety Commission, whom the chairs select.
629 (2) The task force shall:
630 (a) review school safety updates;
631 (b) consult with the Education Advisory Board created in Section 53-22-104.2; and
632 (c) develop legislation recommendations as necessary.
633 (3) (a) A majority of the members of the task force constitutes a quorum.
634 (b) The action of a majority of a quorum constitutes an action of the task force.
635 (4) The Office of Legislative Research and General Counsel shall provide staff for the
636 task force.
637 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
638 be paid in accordance with:
639 (i) Section 36-2-2;
640 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
641 Expenses; and
642 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
643 (b) A member of the task force who is not a legislator may not receive compensation
644 for the member's work associated with the task force but may receive per diem and
645 reimbursement for travel expenses incurred as a member of the task force at the rates
646 established by the Division of Finance under:
647 (i) Sections 63A-3-106 and 63A-3-107; and
648 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
649 63A-3-107.
650 Section 11. Section 53-22-104.2 is enacted to read:
651 53-22-104.2. The School Security Task Force -- Education Advisory Board.
652 (1) There is created an advisory board to the task force called the Education Advisory
653 Board.
654 (2) The advisory board shall consist of the following members:
655 (a) the state security chief, who acts as chair of the advisory board;
656 (b) the construction and facility specialist at the State Board of Education;
657 (c) a superintendent from a county of the fourth, fifth, or sixth class, whom the state
658 security chief selects;
659 (d) a superintendent from a county of the first, second, or third class, whom the state
660 security chief selects;
661 (e) a charter school director from a county of the fourth, fifth, or sixth class, whom the
662 state security chief selects;
663 (f) a charter school director from a county of the first, second, or third class, whom the
664 state security chief selects;
665 (g) the president of the Utah School Boards Association or the president's designee;
666 (h) a parent representative from a school community council or parent teacher
667 organization, whom the state security chief selects;
668 (i) a facilities manager from an LEA in a county of the fourth, fifth, or sixth class,
669 whom the state security chief selects;
670 (j) a facilities manager from an LEA in county of the first, second, or third class, whom
671 the state security chief selects;
672 (k) a representative of private schools, whom the state security chief selects; and
673 (l) a member of the Office of Substance Abuse and Mental Health, whom the state
674 security chief selects.
675 (3) The advisory board's purpose is to:
676 (a) review and provide input on official business of the task force;
677 (b) provide recommendations and suggestions for the task force's consideration; and
678 (c) study and evaluate the policies, procedures, and programs implemented for school
679 safety and provide proactive information regarding the implementation.
680 (4) (a) A majority of the members of the advisory board constitutes a quorum.
681 (b) The action of a majority of a quorum constitutes an action of the advisory board.
682 (5) (a) The advisory board shall select two members to serve as co-chairs.
683 (b) The co-chairs are responsible for the call and conduct of meetings.
684 (6) The staff of the state security chief shall provide staff for the advisory board.
685 (7) A member of the advisory board who is not a legislator may not receive
686 compensation for the member's work associated with the task force but may receive per diem
687 and reimbursement for travel expenses incurred as a member of the task force at the rates
688 established by the Division of Finance under:
689 (a) Sections 63A-3-106 and 63A-3-107; and
690 (b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
691 63A-3-107.
692 Section 12. Section 53-22-105 is enacted to read:
693 53-22-105. School guardian program.
694 (1) As used in this section:
695 (a) "Annual training" means an annual four-hour training that:
696 (i) a county security chief or a designee administers;
697 (ii) the state security chief approves;
698 (iii) can be tailored to local needs;
699 (iv) allows an individual to practice and demonstrate firearms proficiency at a firearms
700 range using the firearm the individual carries for self defense and defense of others;
701 (v) includes the following components:
702 (A) firearm safety including safe storage of a firearm;
703 (B) de-escalation tactics;
704 (C) the role of mental health in incidents; and
705 (D) disability awareness and interactions; and
706 (vi) contains other training needs as determined by the state security chief.
707 (b) "Biannual training" means a twice-yearly training that:
708 (i) is at least four hours unless otherwise approved by the state security chief;
709 (ii) a county security chief or a designee administers;
710 (iii) the state security chief approves;
711 (iv) can be tailored to local needs; and
712 (v) through which a school guardian at a school or simulated school environment:
713 (A) receives training on the specifics of the building or buildings of the school,
714 including the location of emergency supplies and security infrastructure; and
715 (B) participates in a live-action practice plan with school administrators in responding
716 to active threats at the school; and
717 (vi) shall be taken with at least three months in between the two trainings.
718 (c) "Firearm" means the same as that term is defined in Section 76-10-501.
719 (d) "Initial training" means an in-person training that:
720 (i) a county security chief or a designee administers;
721 (ii) the state security chief approves;
722 (iii) can be tailored to local needs; and
723 (iv) provides:
724 (A) training on general familiarity with the types of firearms that can be concealed for
725 self-defense and defense of others;
726 (B) training on the safe loading, unloading, storage, and carrying of firearms in a
727 school setting;
728 (C) training at a firearms range with instruction regarding firearms fundamentals,
729 marksmanship, the demonstration and explanation of the difference between sight picture, sight
730 alignment, and trigger control, and a recognized pistol course;
731 (D) current laws dealing with the lawful use of a firearm by a private citizen, including
732 laws on self-defense, defense of others, transportation of firearms, and concealment of
733 firearms;
734 (E) coordination with law enforcement officers in the event of an active threat;
735 (F) basic trauma first aid;
736 (G) the appropriate use of force, emphasizing the de-escalation of force and
737 alternatives to using force;
738 (H) situational response evaluations, including:
739 (I) protecting and securing a crime or accident scene;
740 (II) notifying law enforcement;
741 (III) controlling information; and
742 (IV) other training that the county sheriff, designee, or department deems appropriate.
743 (e) "Program" means the school guardian program created in this section.
744 (f) (i) "School employee" means an employee of a school whose duties and
745 responsibilities require the employee to be physically present at a school's campus while school
746 is in session.
747 (ii) "School employee" does not include a principal, teacher, or individual whose
748 primary responsibilities require the employee to be primarily present in a classroom to teach,
749 care for, or interact with students unless Ŝ→ :
749a (A) ←Ŝ the principal, teacher, or individual is employed at a
750 school with 100 or fewer students Ŝ→ [
750a (B)the principal, teacher, or individual is employed at a school with ←Ŝ adjacent campuses as
750b determined by the state security
751 chief Ŝ→ [
751a (C) as provided in Subsection 53G-8-701.5(3). ←Ŝ
752 (g) "School guardian" means a school employee who meets the requirements of
753 Subsection (3).
754 (2) (a) (i) There is created within the department the school guardian program;
755 (ii) the state security chief shall oversee the school guardian program;
756 (iii) the applicable county security chief shall administer the school guardian program
757 in each county.
758 (b) The state security chief shall ensure that the school guardian program includes:
759 (i) initial training;
760 (ii) biannual training; and
761 (iii) annual training.
762 (c) A county sheriff may partner or contract with:
763 (i) another county sheriff to support the respective county security chiefs in jointly
764 administering the school guardian program in the relevant counties; and
765 (ii) a local law enforcement agency of relevant jurisdiction to provide the:
766 (A) initial training;
767 (B) biannual training; and
768 (C) annual training.
769 (3) (a) A school employee that volunteers to participate is eligible to join the program
770 as a school guardian if:
771 (i) the school administrator approves the volunteer school employee to be designated as
772 a school guardian;
773 (ii) the school employee satisfactorily completes initial training within six months
774 before the day on which the school employee joins the program;
775 (iii) the school employee holds a valid concealed carry permit issued under Title 53,
776 Chapter 5, Part 7, Concealed Firearm Act;
777 (iv) the school employee certifies to the sheriff of the county where school is located
778 that the school employee has undergone the training in accordance with Subsection (3)(a)(ii)
779 and intends to serve as a school guardian; and
780 (v) the school employee successfully completes a mental health screening selected by
781 the state security chief in collaboration with the Office of Substance Abuse and Mental Health
782 established in Section 26B-5-102.
783 (b) After joining the program a school guardian shall complete annual training and
784 biannual training to retain the designation of a school guardian in the program.
785 (4) The state security chief shall:
786 (a) for each school that participates in the program, track each school guardian at the
787 school by collecting the photograph and the name and contact information for each guardian;
788 (b) make the information described in Subsection (4)(a) readily available to each law
789 enforcement agency in the state categorized by school; and
790 (c) provide each school guardian with a one-time stipend of $500.
791 (5) A school guardian:
792 (a) may store the school guardian's firearm on the grounds of a school only if:
793 (i) the firearm is stored in a biometric gun safe;
794 (ii) the biometric gun safe is located in the school guardian's office; and
795 (iii) the school guardian is physically present on the grounds of the school while the
796 firearm is stored in the safe;
797 (b) shall carry the school guardian's firearm in a concealed manner; and
798 (c) may not, unless during an active threat, display or open carry a firearm while on
799 school grounds.
800 (6) Except as provided in Subsection (5)(c), this section does not prohibit an individual
801 who has a valid concealed carry permit but is not participating in the program from carrying a
802 firearm on the grounds of a public school or charter school under Subsection 76-10-505.5(4).
803 (7) A school guardian:
804 (a) does not have authority to act in a law enforcement capacity; and
805 (b) may, at the school where the school guardian is employed:
806 (i) take actions necessary to prevent or abate an active threat; and
807 (ii) temporarily detain an individual when the school guardian has reasonable cause to
808 believe the individual has committed or is about to commit a forcible felony, as that term is
809 defined in Section 76-2-402.
810 (8) A school may designate a single volunteer or multiple volunteers to participate in
811 the school guardian program to satisfy the school safety personnel requirements of Section
812 53G-8-701.5.
813 (9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative
814 Rulemaking Act, rules to administer this section.
815 (10) Ŝ→ [
816 any liability, civil or criminal, that otherwise might result by reason of action taken in
817 fulfillment of this section if the action was reasonably taken in good faith.
817a has active status in the gurdian program is not liable for any civil damages or penalties if the
817b school guradian:
817c (i) when carrying or storing a firearm:
817d (A) is acting in good faith; and
817e (B) is not grossly negligent; or
817f (ii) threatens, draws, or otherwise uses a firearm reasonably believing the action to be
817g necessary in compliance with Section 76-2-402. ←Ŝ
818 (11) A school guardian shall file a report described in Subsection (12) if, during the
819 performance of the school guardian's duties, the school guardian points a firearm at an
820 individual.
821 (12) (a) A report described in Subsection (11) shall include:
822 (i) a description of the incident;
823 (ii) the identification of the individuals involved in the incident; and
824 (iii) any other information required by the state security chief.
825 (b) A school guardian shall submit a report required under Subsection (11) to the
826 school administrator, school safety and security director, and the state security chief within 48
827 hours after the incident.
828 (c) The school administrator, school safety and security director, and the state security
829 chief shall consult and review the report submitted under Subsection (12)(b).
830 (13) The requirements of Subsections (11) and (12) do not apply to a training exercise.
831 (14) A school guardian may have the designation of school guardian revoked at any
832 time by the school principal, county sheriff, or state security chief.
833 (15) (a) Any information or record created detailing a school guardian's participation in
834 the program is:
835 (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
836 Records Access and Management Act; and
837 (ii) available only to:
838 (A) the state security chief;
839 (B) administrators at the school guardian's school;
840 (C) if applicable, other school safety personnel described in Section 53G-8-701.5;
841 (D) a local law enforcement agency that would respond to the school in case of an
842 emergency; and
843 (E) the individual designated by the county sheriff in accordance with Section
844 53-22-103 of the county of the school where the school guardian in the program is located.
845 (b) The information or record described in Subsection (15)(a) includes information
846 related to the school guardian's identity and activity within the program as described in under
847 this section and any personal identifying information of a school guardian participating in the
848 program collected or obtained during initial training, annual training, and biannual training.
849 (c) An individual who intentionally or knowingly provides the information described in
850 Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is guilty of a
851 class B misdemeanor.
852 Section 13. Section 53-22-106 is enacted to read:
853 53-22-106. Substantial threats against a school reporting requirements --
854 Exceptions.
855 (1) As used in this section, "substantial threat" means a threat made with serious intent
856 to cause harm.
857 (2) Except as provided in Subsection (3), if a state employee or person in a position of
858 special trust as defined in Section 76-5-404.1, including an individual licensed under Title 58,
859 Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has
860 reason to believe a substantial threat against a school, school employee, or student attending a
861 school or is aware of circumstances that would reasonably result in a substantial threat against
862 a school, school employee, or student attending a school, the state employee or person in a
863 position of special trust shall immediately report the suspected substantial threat to:
864 (a) the state security chief;
865 (b) the local education agency that the substantial threat would impact; or
866 (c) to the nearest peace officer or law enforcement agency.
867 (3) (a) (i) If the state security chief, a peace officer, or law enforcement agency receives
868 a report under Subsection (2), the state security chief, peace officer, or law enforcement agency
869 shall immediately notify the local education agency that the substantial threat would impact.
870 (ii) If the local education agency that the substantial threat would impact receives a
871 report under Subsection (2), the local education agency that the substantial threat would impact
872 shall immediately notify the appropriate local law enforcement agency and the state security
873 chief.
874 (b) (i) A local education agency that the substantial threat would impact shall
875 coordinate with the law enforcement agency on the law enforcement agency's investigation of
876 the report described in Subsection (1).
877 (ii) If a law enforcement agency undertakes an investigation of a report under
878 Subsection (2), the law enforcement agency shall provide a final investigatory report to the
879 local education agency that the substantial threat would impact upon request.
880 (4) Subject to Subsection (5), the reporting requirement described in Subsection (2)
881 does not apply to:
882 (a) a member of the clergy with regard to any confession an individual makes to the
883 member of the clergy while functioning in the ministerial capacity of the member of the clergy
884 if:
885 (i) the individual made the confession directly to the member of the clergy;
886 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
887 to maintain the confidentiality of the confession; and
888 (iii) the member of the clergy does not have the consent of the individual making the
889 confession to disclose the content of the confession; or
890 (b) an attorney, or an individual whom the attorney employs, if:
891 (i) the knowledge or belief of the substantial threat arises from the representation of a
892 client; and
893 (ii) if disclosure of the substantial threat would not reveal the substantial threat to
894 prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of
895 Professional Conduct, Rule 1.6.
896 (5) (a) When a member of the clergy receives information about the substantial threat
897 from any source other than a confession, the member of the clergy shall report the information
898 even if the member of the clergy also received information about the substantial threat from the
899 confession of the perpetrator.
900 (b) Exemption of the reporting requirement for an individual described in Subsection
901 (4) does not exempt the individual from any other actions required by law to prevent further
902 substantial threats or actual harm related to the substantial threat.
903 (6) The physician-patient privilege does not:
904 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
905 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
906 under this section; or
907 (b) constitute grounds for excluding evidence in a judicial or administrative proceeding
908 resulting from a report under this section.
909 Section 14. Section 53B-17-1201 is amended to read:
910 53B-17-1201. Definitions.
911 As used in this part:
912 (1) "Commission" means the SafeUT and School Safety Commission established in
913 Section 53B-17-1203.
914 (2) [
915 mental health and substance abuse treatment institute within the University of Utah Hospitals
916 and Clinics.
917 Section 15. Section 53B-17-1202 is amended to read:
918 53B-17-1202. SafeUT Crisis Line established.
919 The [
920 (1) establish a SafeUT Crisis Line to provide:
921 (a) a means for an individual to anonymously report:
922 (i) unsafe, violent, or criminal activities, or the threat of such activities at or near a
923 public school;
924 (ii) incidents of bullying, cyber-bullying, harassment, or hazing; and
925 (iii) incidents of physical or sexual abuse committed by a school employee or school
926 volunteer; and
927 (b) crisis intervention, including suicide prevention, to individuals experiencing
928 emotional distress or psychiatric crisis;
929 (2) provide the services described in Subsection (1) 24 hours a day, seven days a week;
930 [
931 (3) when necessary, or as required by law, promptly forward a report received under
932 Subsection (1)(a) to appropriate:
933 (a) school officials; and
934 (b) law enforcement officials[
935 (4) in accordance with Subsection (5), report the uses of the SafeUT Crisis Line
936 described in Subsection (1) to the State Bureau of Investigation's systems described in
937 Subsections 53-10-302(7) and (8);
938 (5) coordinate with the state security chief to determine the appropriate circumstances
939 necessitating a report described in Subsection (4); and
940 (6) subject to legislative appropriations and in consultation with the school safety task
941 force described in Section 53-22-104.1, state security chief described in Section 53-22-102, and
942 school safety center described in Section 53G-8-802, develop and deploy additional supports
943 and enhancements for school safety efforts.
944 Section 16. Section 53B-17-1203 is amended to read:
945 53B-17-1203. SafeUT and School Safety Commission established -- Members.
946 (1) There is created the SafeUT and School Safety Commission composed of the
947 following members:
948 (a) one member who represents the Office of the Attorney General, appointed by the
949 attorney general;
950 (b) one member who represents the Utah public education system, appointed by the
951 State Board of Education;
952 (c) one member who represents the Utah system of higher education, appointed by the
953 board;
954 (d) one member who represents the Department of Health and Human Services,
955 appointed by the executive director of the Department of Health and Human Services;
956 (e) one member of the House of Representatives, appointed by the speaker of the
957 House of Representatives;
958 (f) one member of the Senate, appointed by the president of the Senate;
959 (g) one member who represents the [
960 Health Institute, appointed by the chair of the commission;
961 (h) one member who represents law enforcement who has extensive experience in
962 emergency response, appointed by the chair of the commission;
963 (i) one member who represents the Department of Health and Human Services who has
964 experience in youth services or treatment services, appointed by the executive director of the
965 Department of Health and Human Services; and
966 (j) two members of the public, appointed by the chair of the commission.
967 (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
968 appointed to four-year terms.
969 (b) The length of the terms of the members shall be staggered so that approximately
970 half of the committee is appointed every two years.
971 (c) When a vacancy occurs in the membership of the commission, the replacement
972 shall be appointed for the unexpired term.
973 (3) (a) The attorney general's designee shall serve as chair of the commission.
974 (b) The chair shall set the agenda for commission meetings.
975 (4) Attendance of a simple majority of the members constitutes a quorum for the
976 transaction of official commission business.
977 (5) Formal action by the commission requires a majority vote of a quorum.
978 (6) (a) Except as provided in Subsection (6)(b), a member may not receive
979 compensation, benefits, per diem, or travel expenses for the member's service.
980 (b) Compensation and expenses of a member who is a legislator are governed by
981 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
982 (7) The Office of the Attorney General shall provide staff support to the commission.
983 Section 17. Section 53B-17-1204 is amended to read:
984 53B-17-1204. SafeUT and School Safety Commission duties -- LEA governing
985 board duties -- Fees.
986 (1) As used in this section:
987 (a) "LEA governing board" means:
988 (i) for a school district, the local school board;
989 (ii) for a charter school, the charter school governing board; or
990 (iii) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
991 (b) "Local education agency" or "LEA" means:
992 (i) a school district;
993 (ii) a charter school; or
994 (iii) the Utah Schools for the Deaf and the Blind.
995 (2) The commission shall coordinate:
996 (a) statewide efforts related to the SafeUT Crisis Line; [
997 (b) with the State Board of Education and the board to promote awareness of the
998 services available through the SafeUT Crisis Line[
999 (c) with the state security chief appointed under Section 53-22-102 to ensure
1000 appropriate reporting described in Subsections 53B-17-1202(4) and (5).
1001 (3) An LEA governing board shall inform students, parents, and school personnel
1002 about the SafeUT Crisis Line.
1003 (4) (a) Except as provided in Subsection (4)(b), the [
1004 Huntsman Mental Health Institute may charge a fee to an institution of higher education or
1005 other entity for the use of the SafeUT Crisis Line in accordance with the method described in
1006 Subsection (4)(c).
1007 (b) The [
1008 charge a fee to the State Board of Education or a local education agency for the use of the
1009 SafeUT Crisis Line.
1010 (c) The commission shall establish a standard method for charging a fee described in
1011 Subsection (4)(a).
1012 Section 18. Section 53E-3-516 is amended to read:
1013 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
1014 authority.
1015 (1) As used in this section:
1016 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
1017 (b) "Disciplinary action" means an action by a public school meant to formally
1018 discipline a student of that public school that includes a suspension or expulsion.
1019 (c) "Law enforcement agency" means the same as that term is defined in Section
1020 77-7a-103.
1021 (d) "Minor" means the same as that term is defined in Section 80-1-102.
1022 (e) "Other law enforcement activity" means a significant law enforcement interaction
1023 with a minor that does not result in an arrest, including:
1024 (i) a search and seizure by [
1025 (ii) issuance of a criminal citation;
1026 (iii) issuance of a ticket or summons;
1027 (iv) filing a delinquency petition; or
1028 (v) referral to a probation officer.
1029 (f) "School is in session" means the hours of a day during which a public school
1030 conducts instruction for which student attendance is counted toward calculating average daily
1031 membership.
1032 (g) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
1033 clinic, or other event or activity that is authorized by a specific public school, according to LEA
1034 governing board policy, and satisfies at least one of the following conditions:
1035 (A) the activity is managed or supervised by a school district, public school, or public
1036 school employee;
1037 (B) the activity uses the school district or public school facilities, equipment, or other
1038 school resources; or
1039 (C) the activity is supported or subsidized, more than inconsequentially, by public
1040 funds, including the public school's activity funds or Minimum School Program dollars.
1041 (ii) "School-sponsored activity" includes preparation for and involvement in a public
1042 performance, contest, athletic competition, demonstration, display, or club activity.
1043 (h) " School resource officer" [
1044 Section 53G-8-701.
1045 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
1046 the following incidents that occur on school grounds while school is in session or during a
1047 school-sponsored activity:
1048 (a) arrests of a minor;
1049 (b) other law enforcement activities;
1050 (c) disciplinary actions; and
1051 (d) minors found in possession of a dangerous weapon.
1052 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
1053 the state board and LEAs to provide and validate data and information necessary to complete
1054 the report described in Subsection (2), as requested by an LEA or the state board.
1055 (4) The report described in Subsection (2) shall include the following information
1056 listed separately for each LEA:
1057 (a) the number of arrests of a minor, including the reason why the minor was arrested;
1058 (b) the number of other law enforcement activities, including the following information
1059 for each incident:
1060 (i) the reason for the other law enforcement activity; and
1061 (ii) the type of other law enforcement activity used;
1062 (c) the number of disciplinary actions imposed, including:
1063 (i) the reason for the disciplinary action; and
1064 (ii) the type of disciplinary action;
1065 (d) the number of [
1066 (e) if applicable, the demographics of an individual who is subject to, as the following
1067 are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation; and
1068 (f) the number of minors found in possession of a dangerous weapon on school
1069 grounds while school is in session or during a school-sponsored activity.
1070 (5) The report described in Subsection (2) shall include the following information, in
1071 aggregate, for each element described in Subsections (4)(a) through (c):
1072 (a) age;
1073 (b) grade level;
1074 (c) race;
1075 (d) sex; and
1076 (e) disability status.
1077 (6) Information included in the annual report described in Subsection (2) shall comply
1078 with:
1079 (a) Chapter 9, Part 3, Student Data Protection;
1080 (b) Chapter 9, Part 2, Student Privacy; and
1081 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
1082 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1083 state board shall make rules to compile the report described in Subsection (2).
1084 (8) The state board shall provide the report described in Subsection (2):
1085 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
1086 previous school year; and
1087 (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
1088 year for incidents that occurred during the previous school year.
1089 Section 19. Section 53E-3-518 is amended to read:
1090 53E-3-518. Utah school information management system -- Local education
1091 agency requirements.
1092 (1) As used in this section:
1093 (a) "LEA data system" or "LEA's data system" means a data system that:
1094 (i) is developed, selected, or relied upon by an LEA; and
1095 (ii) the LEA uses to collect data or submit data to the state board related to:
1096 (A) student information;
1097 (B) educator information;
1098 (C) financial information; or
1099 (D) other information requested by the state board.
1100 (b) "LEA financial information system" or "LEA's financial information system" means
1101 an LEA data system used for financial information.
1102 (c) "Parent" means the same as that term is defined in Section 53G-6-201.
1103 (d) "Utah school information management system" or "information management
1104 system" means the state board's data collection and reporting system described in this section.
1105 (e) "User" means an individual who has authorized access to the information
1106 management system.
1107 (2) On or before July 1, 2024, the state board shall have in place an information
1108 management system that meets the requirements described in this section.
1109 (3) The state board shall ensure that the information management system:
1110 (a) interfaces with:
1111 (i) an LEA's data systems that meet the requirements described in Subsection (6);
1112 (ii) where appropriate, the systems described in Subsections 53-10-302(7) and (8);
1113 (iii) the public safety portal described in Section 63A-16-2002; and
1114 (b) serves as the mechanism for the state board to collect and report on all data that
1115 LEAs submit to the state board related to:
1116 (i) student information;
1117 (ii) educator information;
1118 (iii) financial information; and
1119 (iv) other information requested by the state board;
1120 (c) includes a web-based user interface through which a user may:
1121 (i) enter data;
1122 (ii) view data; and
1123 (iii) generate customizable reports;
1124 (d) includes a data warehouse and other hardware or software necessary to store or
1125 process data submitted by an LEA;
1126 (e) provides for data privacy, including by complying with Title 53E, Chapter 9,
1127 Student Privacy and Data Protection;
1128 (f) restricts user access based on each user's role; and
1129 (g) meets requirements related to a student achievement backpack described in Section
1130 53E-3-511.
1131 (4) The state board shall establish the restrictions on user access described in
1132 Subsection (3)(f).
1133 (5) (a) The state board shall make rules that establish the required capabilities for an
1134 LEA financial information system.
1135 (b) In establishing the required capabilities for an LEA financial information system,
1136 the state board shall consider metrics and capabilities requested by the state treasurer or state
1137 auditor.
1138 (6) (a) On or before July 1, 2024, an LEA shall ensure that:
1139 (i) all of the LEA's data systems:
1140 (A) meet the data standards established by the state board in accordance with Section
1141 53E-3-501;
1142 (B) are fully compatible with the state board's information management system; and
1143 (C) meet specification standards determined by the state board; and
1144 (ii) the LEA's financial information system meets the requirements described in
1145 Subsection (5).
1146 (b) An LEA shall ensure that an LEA data system purchased or developed on or after
1147 May 14, 2019, will be compatible with the information management system when the
1148 information management system is fully operational.
1149 (7) (a) Subject to appropriations and Subsection (7)(b), the state board may use an
1150 appropriation under this section to help an LEA meet the requirements in the rules described in
1151 Subsection (5) by:
1152 (i) providing to the LEA funding for implementation and sustainment of the LEA
1153 financial information system, either through:
1154 (A) awarding a grant to the LEA; or
1155 (B) providing a reimbursement to the LEA; or
1156 (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
1157 financial information system on behalf of an LEA for the LEA to use as the LEA's financial
1158 information system.
1159 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1160 state board shall make rules describing:
1161 (i) how an LEA may apply to the state board for the assistance described in Subsection
1162 (7)(a); and
1163 (ii) criteria for the state board to provide the assistance to an LEA.
1164 (8) (a) Beginning July 1, 2024, the state board may take action against an LEA that is
1165 out of compliance with a requirement described in Subsection (6) until the LEA complies with
1166 the requirement.
1167 (b) An action described in Subsection (8)(a) may include the state board withholding
1168 funds from the LEA.
1169 (9) (a) For purposes of this Subsection (9), "education record" means the same as that
1170 term is defined in 20 U.S.C. Sec. 1232g.
1171 (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
1172 Administrative Rulemaking Act, establish a procedure under which:
1173 (i) a parent may submit information as part of the education records for the parent's
1174 student;
1175 (ii) the information submitted by the parent is maintained as part of the education
1176 records for the parent's student;
1177 (iii) information submitted by the parent and maintained as part of the education
1178 records for the parent's student may be removed at the request of the parent; and
1179 (iv) a parent has access only to the education records of the parent's student in
1180 accordance with Subsection (9)(d).
1181 (c) The rules made under this Subsection (9) shall allow a parent to submit or remove
1182 information submitted by the parent under this Subsection (9) at least annually, including at the
1183 time of:
1184 (i) registering a student in a school; or
1185 (ii) changing the school in which a student attends.
1186 (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1187 1232g, and related regulations, the state board shall provide a parent access to an education
1188 record concerning the parent's student.
1189 (e) The state board shall create in the information management system a record
1190 tracking interoperability of education records described in this Subsection (9) when a student is
1191 transitioning between schools or between LEAs.
1192 Section 20. Section 53E-3-702 is amended to read:
1193 53E-3-702. State board to adopt public school construction guidelines.
1194 (1) As used in this section, "public school construction" means construction work on a
1195 new public school.
1196 (2) (a) The state board shall:
1197 (i) adopt guidelines for public school construction; and
1198 (ii) consult with the Division of Facilities Construction and Management
1199 Administration and the state security chief appointed under Section 53-22-102 on proposed
1200 guidelines before adoption.
1201 (b) The state board shall ensure that guidelines adopted under Subsection (2)(a)(i)
1202 maximize funds used for public school construction and reflect efficient and economic use of
1203 those funds, including adopting guidelines that address a school's safety and a school's essential
1204 needs rather than encouraging or endorsing excessive costs per square foot of construction or
1205 nonessential facilities, design, or furnishings.
1206 (3) Before a school district or charter school may begin public school construction, the
1207 school district or charter school shall:
1208 (a) review the guidelines adopted by the state board under this section; and
1209 (b) take into consideration the guidelines when planning the public school
1210 construction.
1211 (4) In adopting the guidelines for public school construction, the state board shall
1212 consider the following and adopt alternative guidelines as needed:
1213 (a) location factors, including whether the school is in a rural or urban setting, and
1214 climate factors;
1215 (b) variations in guidelines for significant or minimal projected student population
1216 growth;
1217 (c) guidelines specific to schools that serve various populations and grades, including
1218 high schools, junior high schools, middle schools, elementary schools, alternative schools, and
1219 schools for people with disabilities; and
1220 (d) year-round use.
1221 (5) The guidelines shall address the following:
1222 (a) square footage per student;
1223 (b) minimum and maximum required real property for a public school;
1224 (c) athletic facilities and fields, playgrounds, and hard surface play areas;
1225 (d) necessary specifications to meet the safety standards created by the state security
1226 chief in Section 53E-3-706;
1227 [
1228 [
1229 [
1230 [
1231 [
1232 [
1233 [
1234 Section 21. Section 53E-3-706 is amended to read:
1235 53E-3-706. Enforcement of part by state superintendent -- Employment of
1236 personnel -- School districts and charter schools -- Certificate of inspection verification.
1237 (1) [
1238 enforce this part.
1239 (2) The state superintendent may employ architects or other qualified personnel, or
1240 contract with the Division of Facilities Construction and Management, the state fire marshal,
1241 the state security chief appointed under Section 53-22-102, or a local governmental entity to:
1242 (a) examine the plans and specifications of any school building or alteration submitted
1243 under this part;
1244 (b) verify the inspection of any school building during or following construction; and
1245 (c) perform other functions necessary to ensure compliance with this part.
1246 (3) (a) [
1247 Subsection 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and issues its own certificate authorizing
1248 permanent occupancy of the school building, the local school board shall file a certificate of
1249 inspection verification with the local governmental entity's building official and the state board,
1250 advising those entities that the school district has complied with the inspection provisions of
1251 this part.
1252 [
1253 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and the school district issues to the charter school a
1254 certificate authorizing permanent occupancy of the school building, the charter school shall file
1255 with the state board a certificate of inspection verification.
1256 [
1257 building inspector under Subsection 10-9a-305(6)(a)(i) or 17-27a-305(6)(a)(i) and the local
1258 governmental entity issues the local school board or charter school a certificate authorizing
1259 permanent occupancy of the school building, the local school board or charter school shall file
1260 with the state board a certificate of inspection verification.
1261 [
1262 certified building inspector under Subsection 10-9a-305(6)(a)(iii) or 17-27a-305(6)(a)(iii), the
1263 local school board or charter school shall, upon completion of all required inspections of the
1264 school building, file with the state board a certificate of inspection verification and a request
1265 for the issuance of a certificate authorizing permanent occupancy of the school building.
1266 [
1267 request as provided in Subsection [
1268 shall be entitled to temporary occupancy of the school building that is the subject of the request
1269 for a period of 90 days, beginning the date the request is filed, if the school district or charter
1270 school has complied with all applicable fire and life safety code requirements.
1271 [
1272 under Subsection [
1273 the school building, the state superintendent shall:
1274 [
1275 authorizing permanent occupancy of the school building; or
1276 [
1277 (B) deliver to the local school board or charter school a written notice indicating
1278 deficiencies in the school district's or charter school's compliance with the inspection
1279 provisions of this part; and
1280 [
1281 of deficiency to the building official of the local governmental entity in which the school
1282 building is located.
1283 [
1284 indicated in the notice under Subsection [
1285 state superintendent that the deficiencies have been remedied, the state superintendent shall
1286 issue a certificate authorizing permanent occupancy of the school building and mail a copy of
1287 the certificate to the building official of the local governmental entity in which the school
1288 building is located.
1289 [
1290 school a fee for an inspection that the state superintendent considers necessary to enable the
1291 state superintendent to issue a certificate authorizing permanent occupancy of the school
1292 building.
1293 [
1294 actual cost of performing the inspection.
1295 [
1296 (i) "local governmental entity" means either a municipality, for a school building
1297 located within a municipality, or a county, for a school building located within an
1298 unincorporated area in the county; and
1299 (ii) "certificate of inspection verification" means a standard inspection form developed
1300 by the state superintendent in consultation with local school boards and charter schools to
1301 verify that inspections by qualified inspectors have occurred.
1302 (4) The state security chief appointed under Section 53-22-102 shall establish:
1303 (a) minimum safety and security standards for school construction and design projects,
1304 including buildings for private schools;
1305 (b) a timeline for an LEA or private school to comply with the safety and security
1306 standards for school construction and design project requirements of this Subsection (4); and
1307 (c) a process for an LEA or private school to seek alternative safety and security
1308 standards established under this Subsection (4).
1309 (5) The county security chief appointed under Section 53-22-103 shall ensure a private
1310 school, local school district, or charter school shall adhere to all safety and security standards
1311 for a school construction or design project the state security chief creates.
1312 (6) A building inspector described in this part shall coordinate with the relevant county
1313 security chief to ensure compliance described in Subsection (5) before issuing a certificate
1314 authorizing permanent occupancy for a school.
1315 Section 22. Section 53F-4-207 is amended to read:
1316 53F-4-207. Student intervention early warning program.
1317 (1) As used in this section:
1318 (a) "Digital program" means a program that provides information for student early
1319 intervention as described in this section.
1320 (b) "Online data reporting tool" means a system described in Section 53E-4-311.
1321 [
1322
1323 (2) (a) The state board shall, subject to legislative appropriations:
1324 (i) subject to Subsection (2)(c), enhance the online data reporting tool and provide
1325 additional formative actionable data on student outcomes; and
1326 (ii) select through a competitive contract process a provider to provide to an LEA a
1327 digital program as described in this section.
1328 (b) Information collected or used by the state board for purposes of enhancing the
1329 online data reporting tool in accordance with this section may not identify a student
1330 individually.
1331 (c) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
1332 Administrative Rulemaking Act, to define the primary exceptionalities described in Subsection
1333 (3)(e)(ii).
1334 (3) The enhancement to the online data reporting tool and the digital program shall:
1335 (a) be designed with a user-appropriate interface for use by teachers, school
1336 administrators, and parents;
1337 (b) provide reports on a student's results at the student level on:
1338 (i) a national assessment;
1339 (ii) a local assessment; and
1340 (iii) a standards assessment described in Section 53E-4-303;
1341 (c) have the ability to provide data from aggregate student reports based on a student's:
1342 (i) teacher;
1343 (ii) school;
1344 (iii) school district, if applicable; or
1345 (iv) ethnicity;
1346 (d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
1347 a single computer screen;
1348 (e) have the ability to compare the performance of students, for each teacher, based on
1349 a student's:
1350 (i) gender;
1351 (ii) special needs, including primary exceptionality as defined by state board rule;
1352 (iii) English proficiency;
1353 (iv) economic status;
1354 (v) migrant status;
1355 (vi) ethnicity;
1356 (vii) response to tiered intervention;
1357 (viii) response to tiered intervention enrollment date;
1358 (ix) absence rate;
1359 (x) feeder school;
1360 (xi) type of school, including primary or secondary, public or private, Title I, or other
1361 general school-type category;
1362 (xii) course failures; and
1363 (xiii) other criteria, as determined by the state board; and
1364 (f) have the ability to load data from a local, national, or other assessment in the data's
1365 original format within a reasonable time.
1366 (4) Subject to legislative appropriations, the online data reporting tool and digital
1367 program shall:
1368 (a) integrate criteria for early warning indicators, including the following criteria:
1369 (i) discipline, including school safety violations;
1370 (ii) attendance;
1371 (iii) behavior;
1372 (iv) course failures; and
1373 (v) other criteria as determined by a local school board or charter school governing
1374 board;
1375 (b) provide a teacher or administrator the ability to view the early warning indicators
1376 described in Subsection (4)(a) with a student's assessment results described in Subsection
1377 (3)(b);
1378 (c) provide data on response to intervention using existing assessments or measures
1379 that are manually added, including assessment and nonacademic measures;
1380 (d) provide a user the ability to share interventions within a reporting environment and
1381 add comments to inform other teachers, administrators, and parents;
1382 (e) save and share reports among different teachers and school administrators, subject
1383 to the student population information a teacher or administrator has the rights to access;
1384 (f) automatically flag a student profile when early warning thresholds, that the state
1385 board defines, are met so that a teacher can easily identify a student who may be in need of
1386 intervention;
1387 (g) incorporate a variety of algorithms to support student learning outcomes and
1388 provide student growth reporting by teacher;
1389 (h) integrate response to intervention tiers and activities as filters for the reporting of
1390 individual student data and aggregated data, including by ethnicity, school, or teacher;
1391 (i) have the ability to generate parent communication to alert the parent of [
1392 plans or interventions; and
1393 (j) configure alerts based upon student academic results, including a student's
1394 performance on the previous year's standards assessment described in Section 53E-4-303 or
1395 results to appropriate behavior interventions.
1396 (5) (a) [
1397
1398 through a provider described in Subsection (2)(a)(ii).
1399 (b) An LEA [
1400 (i) pay for 50% of the cost of providing access to the digital program to the LEA; and
1401 (ii) no later than one school year after accessing a digital program, report to the state
1402 board in a format required by the state board on:
1403 (A) the effectiveness of the digital program;
1404 (B) positive and negative attributes of the digital program;
1405 (C) recommendations for improving the online data reporting tool; and
1406 (D) any other information regarding a digital program requested by the state board.
1407 (c) The state board shall consider recommendations from an LEA for changes to the
1408 online data reporting tool.
1409 (6) [
1410 [
1411 (a) Title 53E, Chapter 9, Student Privacy and Data Protection;
1412 (b) Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
1413 (c) the parental consent requirements in Section 53E-9-203.
1414 (7) (a) A parent or guardian may opt the parent's or guardian's student out of
1415 participating in a survey prepared by [
1416 described in this section.
1417 (b) An LEA shall provide notice to a parent of:
1418 (i) the administration of a survey described in Subsection (7)(a);
1419 (ii) if applicable, that the survey may request information from students that is non-
1420 academic in nature;
1421 (iii) where the parent may access the survey described in Subsection (7)(a) to be
1422 administered; and
1423 (iv) the opportunity to opt a student out of participating in a survey as described in
1424 Subsection (7)(a).
1425 (c) [
1426 how the [
1427 instruction and intervention to students.
1428 (8) An LEA may use a different platform from the platform described in Subsection
1429 (2)(a)(ii) if the different platform accomplishes the requirements of this section.
1430 Section 23. Section 53F-5-220 is amended to read:
1431 53F-5-220. School Safety and Support Grant Program -- Rulemaking.
1432 (1) [
1433 described in Section 53G-8-701.5 and based on recommendations from the school safety task
1434 force grant subcommittee described in Subsection (6), the state board may award a grant to an
1435 LEA in response to an LEA request for proposal to provide a school with:
1436 (a) school resource officer services;
1437 (b) school safety specialists and school safety specialist training;
1438 (c) safety and security training by law enforcement agencies for school employees;
1439 (d) interoperable communication hardware, software, equipment maintenance, and
1440 training for first responder communication systems;
1441 (e) enhanced physical security at a school upon completion of the school's [
1442 safety needs assessment;
1443 (f) secured storage for firearms;
1444 [
1445 [
1446 (2) An LEA may not apply for a grant under this section to fund services already in
1447 place, but an LEA may submit a request for proposal to fund an expansion of or enhancement
1448 to existing services.
1449 (3) The state board shall prioritize grant funding for LEAs [
1450
1451 determined by the results of the school safety needs assessment.
1452 (4) The state board may adopt rules in accordance with Title 63G, Chapter 3, Utah
1453 Administrative Rulemaking Act, to administer this section.
1454 (5) The state board shall ensure information from the results of a school's school safety
1455 needs assessment is kept confidential in accordance with Section 53G-8-701.5.
1456 (6) (a) There is created a grant subcommittee comprised of members of the school
1457 safety task force described in Section 53-22-104.1.
1458 (b) The co-chairs of the task force shall appoint no more than half of the task force to
1459 the grant subcommittee.
1460 (c) The grant subcommittee shall review LEA applications and provide
1461 recommendations for awards to the state board based on the criteria described in this section.
1462 (d) The school safety center described in Section 53G-8-802 shall staff the grant
1463 subcommittee.
1464 Section 24. Section 53G-6-806 is amended to read:
1465 53G-6-806. Parent portal.
1466 (1) As used in this section:
1467 (a) "Parent portal" means the posting the state board is required to provide under this
1468 section.
1469 (b) "School" means a public elementary or secondary school, including a charter
1470 school.
1471 (2) (a) The state board shall post information that allows a parent of a student enrolled
1472 in a school to:
1473 (i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
1474 (ii) be informed of resources and steps to follow when a student has been the subject,
1475 perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or abusive conduct
1476 such as:
1477 (A) resources for the student, including short-term mental health services;
1478 (B) options for the student to make changes to the student's educational environment;
1479 (C) options for alternative school enrollment;
1480 (D) options for differentiated start or stop times;
1481 (E) options for differentiated exit and entrance locations; and
1482 (F) the designated employee for an LEA who addresses incidents of bullying,
1483 cyber-bullying, hazing, retaliation, and abusive conduct;
1484 (iii) be informed of the steps and resources for filing a grievance with a school or LEA
1485 regarding bullying, cyber-bullying, hazing, or retaliation;
1486 (iv) be informed of the steps and resources for seeking accommodations under the
1487 Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq;
1488 (v) be informed of the steps and resources for seeking accommodations under state or
1489 federal law regarding religious accommodations;
1490 (vi) be informed of the steps and resources for filing a grievance for an alleged
1491 violation of state or federal law, including:
1492 (A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
1493 (B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
1494 (C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
1495 (D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
1496 12131-12165;
1497 (vii) receive information about constitutional rights and freedoms afforded to families
1498 in public education;
1499 (viii) be informed of how to access an internal audit hotline if established by the state
1500 board; and
1501 (ix) be informed of services for military families.
1502 (b) In addition to the information required under Subsection (2)(a), the state board:
1503 (i) shall include in the parent portal:
1504 (A) the comparison tool created under Section 53G-6-805; [
1505 (B) school level safety data, including data points described in Section 53E-3-516; and
1506 (C) a link to the public safety portal described in Section 63A-16-1002; and
1507 (ii) may include in the parent portal other information that the state board determines is
1508 helpful to parents.
1509 (3) (a) The state board shall post the parent portal at a location that is easily located by
1510 a parent.
1511 (b) The state board shall update the parent portal at least annually.
1512 (c) In accordance with state and federal law, the state board may collaborate with a
1513 third-party to provide safety data visualization in comparison to other states' data.
1514 (4) An LEA shall annually notify each of the following of how to access the parent
1515 portal:
1516 (a) a parent of a student; and
1517 (b) a teacher, principal, or other professional staff within the LEA.
1518 Section 25. Section 53G-8-213 is amended to read:
1519 53G-8-213. Reintegration plan for student alleged to have committed violent
1520 felony or weapon offense.
1521 (1) As used in this section:
1522 (a) "Multidisciplinary team" means:
1523 (i) the local education agency[
1524 (ii) the juvenile court[
1525 (iii) the Division of Juvenile Justice Services[
1526 (iv) a school safety and security specialist designated under Section 53G-8-701.6;
1527 (v) school safety and security director designated under Section 53G-8-701.8;
1528 (vi) a school resource officer if applicable[
1529 (vii) any other relevant party that should be involved in a reintegration plan.
1530 (b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
1531 (2) If a school district receives a notification from the juvenile court or a law
1532 enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile
1533 court for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
1534 the school shall develop a reintegration plan for the student with a multidisciplinary team, the
1535 student, and the student's parent or guardian, within five days after the day on which the school
1536 receives a notification.
1537 (3) The school may deny admission to the student until the school completes the
1538 reintegration plan under Subsection (2).
1539 (4) The reintegration plan under Subsection (2) shall address:
1540 (a) a behavioral intervention for the student;
1541 (b) a short-term mental health or counseling service for the student; and
1542 (c) an academic intervention for the student.
1543 Section 26. Section 53G-8-701 is amended to read:
1544
1545 53G-8-701. Definitions.
1546 As used in this part:
1547 (1) "Armed school security guard" means the same as that term is defined in Section
1548 53G-8-804.
1549 (2) "County security chief" means the same as that term is defined in Section
1550 53-22-101.
1551 [
1552 53-1-102.
1553 [
1554 53G-9-205.1.
1555 (5) "School guardian" means the same as that term is defined in Section 53-22-106.
1556 (6) "School is in session" means the same as that term is defined in Section 53E-3-516.
1557 [
1558 defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
1559 with an LEA to provide law enforcement services for the LEA.
1560 (8) "School safety and security director" means an individual whom an LEA designates
1561 in accordance with Section 53G-8-701.8.
1562 [
1563 under Section 53G-8-701.6 who is responsible for supporting school safety initiatives[
1564
1565 (10) "School safety center" means the same as that term is defined in Section
1566 53G-8-801.
1567 (11) "State security chief" means the same as that term is defined in Section 53-22-101.
1568 Section 27. Section 53G-8-701.5 is repealed and reenacted to read:
1569 53G-8-701.5. School safety needs assessment -- School safety personnel --
1570 Alternative requirements.
1571 (1) (a) No later than December 31, 2024, an LEA shall:
1572 (i) ensure a school safety needs assessment is conducted in accordance with Subsection
1573 (1)(b) for each school within the LEA to determine the needs and deficiencies regarding:
1574 (A) appropriate school safety personnel, including necessary supports, training, and
1575 policy creation for the personnel;
1576 (B) physical building security and safety, including required upgrades to facilities and
1577 safety technology; and
1578 (C) a school's current threat and emergency response protocols, including any
1579 emergency response agreements with local law enforcement; and
1580 (ii) report the results of the school safety needs assessment for each school within the
1581 LEA to the state security chief and the school safety center.
1582 (b) The school safety specialist described in Section 53G-8-701.6 in collaboration with
1583 the county security chief or designee described in Section 53-22-103 shall conduct the school
1584 safety needs assessment for each school.
1585 (c) In collaboration with the school safety center described in Section 53G-8-802, the
1586 state security chief described in Section 53-22-102 shall create a school safety needs
1587 assessment that an LEA shall use to ensure compliance with this Subsection (1).
1588 (d) The state board shall use the results of the school safety needs assessment for each
1589 school within an LEA to award a grant to an LEA in accordance with Section 53F-5-220.
1590 (e) Any information or record detailing a school's needs assessment results is:
1591 (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
1592 Records Access and Management Act; and
1593 (ii) available only to:
1594 (A) the state security chief;
1595 (B) the school safety center;
1596 (C) members of an LEA governing board;
1597 (D) administrators of the LEA and school the needs assessment concerns;
1598 (E) only to the extent necessary to award a grant under Section 53F-5-220, the state
1599 board;
1600 (F) the applicable school safety personnel described in Subsection (2);
1601 (G) a local law enforcement agency that would respond to the school in case of an
1602 emergency; and
1603 (H) the county security chief.
1604 (f) An individual who intentionally or knowingly provides the information described in
1605 Subsection (1)(e) to an individual or entity not listed in Subsection (1)(e)(ii) is guilty of a class
1606 B misdemeanor.
1607 (2) (a) An LEA shall ensure each school within the LEA has the following school
1608 safety personnel:
1609 (i) a school safety and security specialist described in Section 53G-8-701.6; and
1610 (ii) based on the results of the needs assessment described in Subsection (1), at least
1611 one of the following:
1612 (A) a school resource officer;
1613 (B) a school guardian; or
1614 (C) an armed school security guard.
1615 (b) In addition to the school safety personnel described in Subsection (2)(a), an LEA
1616 shall designate a school safety and security director described in Section 53G-8-701.8.
1617 (c) If a school has more than 350 students enrolled at the school, the same individual
1618 may not serve in more than one of the roles listed in Subsections (2)(a) and (b).
1619 (d) An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA
1620 has completed the school safety needs assessment described in Subsection (1).
1621 (e) The state security chief in consultation with the school safety center shall establish
1622 a timeline for an LEA to comply with the school safety personnel requirements of this
1623 Subsection (2).
1624 (3) (a) An LEA, school administrator, or private school may apply to the state security
1625 chief for an approved alternative to the requirements described in:
1626 (i) Section 53-22-105;
1627 (ii) this section;
1628 (iii) Section 53G-8-701.6;
1629 (iv) Section 53G-8-701.8; and
1630 (v) Section 53G-8-704.
1631 (b) In approving or denying an application described in Subsection (3)(a), the state
1632 security chief may consider factors that impact a school or LEA's ability to adhere to the
1633 requirements of this section, including the school or LEA's:
1634 (i) population size;
1635 (ii) staffing needs or capacity;
1636 (iii) geographic location;
1637 (iv) available funding; or
1638 (v) general demonstration of need for an alternative to the requirements of this section.
1639 (4) A private school shall identify an individual at the private school to serve as the
1640 safety liaison with the local law enforcement of relevant jurisdiction and the state security
1641 chief.
1642 Section 28. Section 53G-8-701.6 is enacted to read:
1643 53G-8-701.6. School safety and security specialist.
1644 (1) As used in this section, "principal" means the chief administrator at a public school,
1645 including:
1646 (a) a school principal;
1647 (b) a charter school director; or
1648 (c) the superintendent of the Utah Schools for the Deaf and the Blind.
1649 (2) (a) Subject to Subsection (2)(b) and except as provided in Subsection
1650 53G-8-701.5(3), every campus within an LEA shall designate a school safety and security
1651 specialist from the employees of the relevant campus.
1652 (b) The school safety and security specialist:
1653 (i) may not be a principal; and
1654 (ii) may be the school safety and security director at one campus within the LEA.
1655 (3) The school safety and security specialist shall:
1656 (a) report directly to the principal;
1657 (b) oversee school safety and security practices to ensure a safe and secure school
1658 environment for students and staff;
1659 (c) ensure adherence with all policies, procedures, protocols, rules, and regulations
1660 relating to school safety and security through collaborating and maintaining effective
1661 communications with the following as applicable:
1662 (i) the principal;
1663 (ii) school staff;
1664 (iii) the school resource officer;
1665 (iv) the armed school security guard;
1666 (v) the school guardian;
1667 (vi) local law enforcement;
1668 (vii) the county security chief;
1669 (viii) the school safety and security director;
1670 (ix) the LEA; and
1671 (x) school-based behavioral and mental health professionals;
1672 (d) in collaboration with the county security chief or designee described in Section
1673 53-22-103:
1674 (i) conduct the school safety needs assessment described in Section 53G-8-701.5; and
1675 (ii) conduct a building safety evaluation at least annually using the results of the school
1676 safety needs assessment to recommend and implement improvements to school facilities,
1677 policies, procedures, protocols, rules, and regulations relating to school safety and security;
1678 (e) if the specialist is also an employee of an LEA, participate on the multidisciplinary
1679 team that the LEA establishes;
1680 (f) conduct a behavioral threat assessment when the school safety and security
1681 specialist deems necessary using an evidence-based tool the state security chief recommends in
1682 consultation with the school safety center and the Office of Substance Abuse and Mental
1683 Health;
1684 (g) regularly monitor and report to the principal, local law enforcement, and, if
1685 applicable, the LEA superintendent or designee, security risks for the school resulting from:
1686 (i) issues with school facilities; or
1687 (ii) the implementation of practices, policies, procedures, and protocols relating to
1688 school safety and security;
1689 (h) coordinate with local first responder agencies to implement and monitor safety and
1690 security drills in accordance with policy and applicable procedures and protocols;
1691 (i) ensure that school staff, and when appropriate students, receive training on and
1692 remain current on the school's safety and security procedures and protocols;
1693 (j) following an event where security of the school has been significantly
1694 compromised, organize a debriefing with the individuals listed in Subsection (3)(c) regarding
1695 strengthening school safety and security practices, policies, procedures, and protocols;
1696 (k) abide by any LEA, school, or law enforcement agency policy outlining the chain of
1697 command;
1698 (l) during an emergency, coordinate with the following individuals as applicable the:
1699 (i) school resource officer;
1700 (ii) school guardians;
1701 (iii) armed school security guards;
1702 (iv) school administrators; and
1703 (v) responding law enforcement officers;
1704 (m) follow any LEA, school, or law enforcement agency student privacy policies,
1705 including state and federal privacy laws;
1706 (n) participate in an annual training the state security chief selects in consultation with
1707 the school safety center; and
1708 (o) remain current on:
1709 (i) a comprehensive school guideline the state security chief selects;
1710 (ii) the duties of a school safety and security specialist described in this Subsection (3);
1711 and
1712 (iii) the school's emergency response plan.
1713 (4) During an active emergency at the school, the school safety and security specialist
1714 is subordinate to any responding law enforcement officers.
1715 Section 29. Section 53G-8-701.8 is enacted to read:
1716 53G-8-701.8. School safety and security director.
1717 (1) Except as provided in Subsection 53G-8-701.5(3), an LEA shall designate a school
1718 safety and security director as the LEA point of contact for the county security chief, local law
1719 enforcement, and the state security chief.
1720 (2) A school safety and security director shall:
1721 (a) participate in and satisfy the training requirements, including the annual and
1722 biannual requirements, described in:
1723 (i) Section 53-22-105 for school guardians;
1724 (ii) Section 53G-8-702 for school resource officers; and
1725 (iii) Section 53G-8-704 for armed school security guards;
1726 (b) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1727 Concealed Firearm Act;
1728 (c) if the designee is an employee of an LEA, participate on the multidisciplinary team
1729 the LEA establishes;
1730 (d) coordinate security responses among, if applicable, the following individuals in the
1731 LEA that employs the school safety and security director:
1732 (i) school safety and security specialists;
1733 (ii) school resource officers;
1734 (iii) armed school security guards; and
1735 (iv) school guardians; and
1736 (e) collaborate and maintain effective communications with local law enforcement, a
1737 county security chief, the LEA, and school-based behavioral and mental health professionals to
1738 ensure adherence with all policies, procedures, protocols, rules, and regulations relating to
1739 school safety and security.
1740 (3) A school safety and security director:
1741 (a) does not have authority to act in a law enforcement capacity; and
1742 (b) may, at the LEA that employs the director:
1743 (i) take actions necessary to prevent or abate an active threat;
1744 (ii) temporarily detain an individual when the school safety and security director has
1745 reasonable cause to believe the individual has committed or is about to commit a forcible
1746 felony, as that term is defined in Section 76-2-402;
1747 (4) Notwithstanding Subsection 76-10-505.5(4), if a school safety and security director
1748 is carrying a firearm, the school safety and security director shall carry the school safety and
1749 security director's firearm in a concealed manner and may not, unless during an active threat,
1750 display or open carry a firearm while on school grounds.
1751 (5) A school may use the services of the school safety and security director on a
1752 temporary basis to satisfy the school safety personnel requirement of Subsection
1753 53G-8-701.5(2).
1754 (6) The state security chief shall:
1755 (a) for each school safety and security director, track each school safety and security
1756 director by collecting the photograph and the name and contact information for each school
1757 safety and security director; and
1758 (b) make the information described in Subsection (6)(a) readily available to each law
1759 enforcement agency in the state categorized by LEA.
1760 Section 30. Section 53G-8-702 is amended to read:
1761 53G-8-702. School administrator and school resource officer training --
1762 Curriculum.
1763 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1764 [
1765 with the state board, shall make rules that prepare and make available [
1766 program for school principals, school personnel, school safety personnel described in Section
1767 53G-8-701.5, and school resource officers to attend.
1768 (2) To create the curriculum and materials for the training program described in
1769 Subsection (1), the [
1770 center shall:
1771 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
1772 created in Section 63M-7-201;
1773 (b) solicit input from local school boards, charter school governing boards, and the
1774 Utah Schools for the Deaf and the Blind;
1775 (c) consult with a nationally recognized organization that provides resources and
1776 training for school resource officers;
1777 (d) solicit input from local law enforcement and other interested community
1778 stakeholders; and
1779 (e) consider the current United States Department of Education recommendations on
1780 school discipline and the role of a school resource officer.
1781 (3) The training program described in Subsection (1) shall be for a minimum time
1782 established by the state security chief in accordance with Subsection (1) and may include
1783 training on the following:
1784 (a) childhood and adolescent development;
1785 (b) responding age-appropriately to students;
1786 (c) working with disabled students;
1787 (d) techniques to de-escalate and resolve conflict;
1788 (e) cultural awareness;
1789 (f) restorative justice practices;
1790 (g) identifying a student exposed to violence or trauma and referring the student to
1791 appropriate resources;
1792 (h) student privacy rights;
1793 (i) negative consequences associated with youth involvement in the juvenile and
1794 criminal justice systems;
1795 (j) strategies to reduce juvenile justice involvement;
1796 (k) roles of and distinctions between a school resource officer and other school staff
1797 who help keep a school secure;
1798 (l) the standard response protocol and drills described in Section 53G-8-803;
1799 (m) an overview of the agreement described in Section 53G-8-703;
1800 [
1801 [
1802 (4) The [
1803 Public Safety, the State Commission on Criminal and Juvenile Justice, and state and local law
1804 enforcement to establish policies, procedures, and training requirements for school resource
1805 officers.
1806 Section 31. Section 53G-8-703 is amended to read:
1807 53G-8-703. Contracts between an LEA and law enforcement for school resource
1808 officer services -- Requirements -- LEA establishment of a school resource officer policy
1809 -- Public comment.
1810 (1) (a) An LEA may use a school resource officer to satisfy the school safety personnel
1811 requirements of Section 53G-8-701.5.
1812 (b) An LEA [
1813 contract with a local law enforcement agency to provide school resource officer services [
1814
1815 (2) An LEA contract with a law enforcement agency to provide [
1816 officer services at the LEA shall require in the contract:
1817 (a) an acknowledgment by the law enforcement agency that [
1818 resource officer hired under the contract shall:
1819 (i) provide for and maintain a safe, healthy, and productive learning environment in a
1820 school;
1821 (ii) act as a positive role model to students;
1822 (iii) work to create a cooperative, proactive, and problem-solving partnership between
1823 law enforcement and the LEA;
1824 (iv) emphasize the use of restorative approaches to address negative behavior; and
1825 (v) at the request of the LEA, teach a vocational law enforcement class;
1826 (b) a description of the shared understanding of the LEA and the law enforcement
1827 agency regarding the roles and responsibilities of law enforcement and the LEA to:
1828 (i) maintain safe schools;
1829 (ii) improve school climate; and
1830 (iii) support educational opportunities for students;
1831 (c) a designation of student offenses that, in accordance with Section 53G-8-211, the
1832 [
1833 (i) may refer to the juvenile court;
1834 (ii) shall confer with the LEA to resolve; and
1835 (iii) shall refer to a school administrator for resolution as an administrative issue with
1836 the understanding that the [
1837 the administrative issue;
1838 (d) a detailed description of the rights of a student under state and federal law with
1839 regard to:
1840 (i) searches;
1841 (ii) questioning;
1842 (iii) arrests; and
1843 (iv) information privacy;
1844 (e) a detailed description of:
1845 (i) job assignment and duties, including:
1846 (A) the school to which the [
1847 (B) the hours the [
1848 (C) the point of contact at the school;
1849 (D) specific responsibilities for providing and receiving information; and
1850 (E) types of records to be kept, and by whom;
1851 (ii) training requirements; and
1852 (iii) other expectations of the [
1853 in relation to law enforcement at the LEA;
1854 (f) that [
1855 principal at the school where [
1856 principal's designee, will jointly complete the [
1857 in Section 53G-8-702;
1858 (g) that both parties agree to jointly discuss [
1859 [
1860 (h) that the law enforcement agency will, at least annually, seek out and accept
1861 feedback from an LEA about [
1862 (i) a designation of the school resource officer or the law enforcement agency's
1863 designee as a "school officials" for purposes of the Family Educational Rights and Privacy Act,
1864 34 C.F.R. Part 99.
1865 (3) An LEA may not require or prohibit mandatory rotations of school resource officers
1866 as part of the contract described in Subsection (2).
1867 (4) An LEA that uses a school resource officer under Subsection (1)(a) shall establish a
1868 school resource officer policy.
1869 (5) The school resource officer policy described in Subsection (4) shall include:
1870 (a) the contract described in Subsection (2); and
1871 (b) all other procedures and requirements governing the relationship between the LEA
1872 and a school resource officer.
1873 (6) Before implementing the school resource officer policy described in Subsection (4),
1874 the LEA shall present the school resource officer policy at a public meeting and receive public
1875 comment on the school resource officer policy.
1876 Section 32. Section 53G-8-704 is enacted to read:
1877 53G-8-704. Contracts between an LEA and a contract security company for
1878 armed school security guards.
1879 (1) As used in this section:
1880 (a) "Armed private security officer" means the same as that term is defined in Section
1881 58-63-102.
1882 (b) "Armed school security guard" means an armed private security officer who is:
1883 (i) licensed as an armed private security officer under Title 58, Chapter 63, Security
1884 Personnel Licensing Act; and
1885 (ii) has met the requirements described in Subsection (4)(a).
1886 (c) "Contract security company" means the same as that term is defined in Section
1887 58-63-102.
1888 (d) "State security chief" means the same as the term is defined in Section 53-22-102.
1889 (2) (a) An LEA may use an armed school security guard to satisfy the school safety
1890 personnel requirements of Section 53G-8-701.5.
1891 (b) An LEA that uses an armed school security guard under Subsection (2)(a) shall
1892 contract with a contract security company to provide armed school security guards at each
1893 school within the LEA.
1894 (3) The contract described in Subsection (2)(b) shall include a detailed description of:
1895 (a) the rights of a student under state and federal law with regard to:
1896 (i) searches;
1897 (ii) questioning;
1898 (iii) arrests; and
1899 (iv) information privacy;
1900 (b) job assignment and duties of an armed school security guard, including:
1901 (i) the school to which an armed school security guard will be assigned;
1902 (ii) the hours an armed school security guard is present at the school;
1903 (iii) the point of contact at the school that an armed school security guard will contact
1904 in case of an emergency;
1905 (iv) specific responsibilities for providing and receiving information;
1906 (v) types of records to be kept, and by whom;
1907 (vi) training requirements; and
1908 (c) other expectations of the contract security company in relation to school security at
1909 the LEA.
1910 (4) (a) In addition to the requirements for licensure under Title 58, Chapter 63, Security
1911 Personnel Licensing Act, an armed private security officer may only serve as an armed school
1912 security guard under a contract described in Subsection (2)(b) if the armed private security
1913 officer:
1914 (i) has a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1915 Concealed Firearm Act; and
1916 (ii) has undergone training from a county security chief regarding:
1917 (A) the safe loading, unloading, storage, and carrying of firearms in a school setting;
1918 (B) the role of armed security guards in a school setting; and
1919 (C) coordination with law enforcement and school officials during an active threat.
1920 (b) An armed school security guard that meets the requirements of Subsection (4)(a)
1921 shall, in order to remain eligible to be assigned as an armed school security guard at any school
1922 under a contract described in Subsection (2)(b), participate in and satisfy the training
1923 requirements of the initial, annual, and biannual trainings as defined in Section 53-22-105.
1924 (5) An armed school security guard may conceal or openly carry a firearm at the school
1925 at which the armed school security guard is employed under the contract described in
1926 Subsection (2)(b).
1927 (6) An LEA that enters a contract under this section shall inform the state security chief
1928 and the relevant county security chief of the contract and provide the contact information of the
1929 contract security company employing the armed security guard for use during an emergency.
1930 (7) The state security chief shall:
1931 (a) for each LEA that contracts with a contract security company under this section,
1932 track each contract security company providing armed school security guards by name and the
1933 contact information for use in case of an emergency; and
1934 (b) make the information described in Subsection (7)(a) readily available to each law
1935 enforcement agency in the state by school.
1936 (8) An armed school security guard shall file a report described in Subsection (9) if,
1937 during the performance of the armed school security guard's duties the armed school security
1938 guard:
1939 (a) points a firearm at an individual; or
1940 (b) aims a conductive energy device at an individual and displays the electrical current.
1941 (9) (a) A report described in Subsection (8) shall include:
1942 (i) a description of the incident;
1943 (ii) the identification of the individuals involved in the incident; and
1944 (iii) any other information required by the state security chief.
1945 (b) An armed school security guard shall submit a report required under Subsection (8)
1946 to the school administrator, school safety and security director, and the state security chief
1947 within 48 hours after the incident.
1948 (c) The school administrator, school safety and security director, and the state security
1949 chief shall consult and review the report submitted under Subsection (9)(b).
1950 Section 33. Section 53G-8-801 is amended to read:
1951 53G-8-801. Definitions.
1952 As used in this section:
1953 (1) "Bullying" means the same as that term is defined in Section 53G-9-601.
1954 (2) "Law enforcement officer" means the same as that term is defined in Section
1955 53-13-103.
1956 (3) "School safety center" means the entity established in Section 53G-8-802.
1957 [
1958
1959 (4) "State security chief" means the same as that term is defined in Section 53-22-101.
1960 Section 34. Section 53G-8-802 is amended to read:
1961 53G-8-802. School Safety Center -- LEA duties.
1962 (1) There is created the [
1963 (2) The [
1964 (a) develop in conjunction with the Office of Substance Use and Mental Health and the
1965 state security chief model student safety and support policies for an LEA, including:
1966 (i) requiring an evidence-based [
1967
1968 (A) recommended interventions with an individual whose behavior poses a threat to
1969 school safety; and
1970 (B) establishes defined roles for a multidisciplinary team and school safety personnel
1971 described in Title 53G, Chapter 8, Part 7, School Safety Personnel, including;
1972 (ii) procedures for referrals to law enforcement; and
1973 (iii) procedures for referrals to a community services entity, a family support
1974 organization, or a health care provider for evaluation or treatment;
1975 (b) provide training in consultation with the state security chief:
1976 (i) in school safety;
1977 (ii) in evidence-based approaches to improve school climate and address and correct
1978 bullying behavior;
1979 (iii) in evidence-based approaches in identifying an individual who may pose a threat
1980 to the school community;
1981 (iv) in evidence-based approaches in identifying an individual who may be showing
1982 signs or symptoms of mental illness;
1983 (v) on permitted disclosures of student data to law enforcement and other support
1984 services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
1985 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
1986 53E-9-203 and 53E-9-305; and
1987 (vii) for administrators on rights and prohibited acts under:
1988 (A) Chapter 9, Part 6, Bullying and Hazing;
1989 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
1990 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
1991 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
1992 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
1993 (c) conduct and disseminate evidence-based research on school safety concerns;
1994 (d) disseminate information on effective school safety initiatives;
1995 (e) encourage partnerships between public and private sectors to promote school safety;
1996 (f) provide technical assistance to an LEA in the development and implementation of
1997 school safety initiatives;
1998 (g) in conjunction with the [
1999 chief, make available to an LEA [
2000
2001 [
2002
2003 [
2004 [
2005 [
2006
2007 (h) provide space for the public safety liaison described in Section 53-1-106 and the
2008 school-based mental health specialist described in Section 26B-5-211;
2009 (i) collaborate with the state security chief to determine appropriate application of
2010 school safety requirements in Utah Code to an online school;
2011 [
2012 stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
2013 Utah Administrative Rulemaking Act, adopt rules:
2014 (i) requiring an LEA to:
2015 (A) create or adopt and disseminate a school climate survey; and
2016 (B) disseminate the school climate survey;
2017 (ii) recommending the distribution method, survey frequency, and sample size of the
2018 survey; and
2019 (iii) specifying the areas of content for the school climate survey; and
2020 [
2021 (3) Nothing in this section requires an individual to respond to a school climate survey.
2022 (4) The state board shall require an LEA to:
2023 (a) (i) review data from the state board-facilitated surveys containing school climate
2024 data for each school within the LEA; and
2025 (ii) based on the review described in Subsection (4)(a)(i):
2026 (A) revise practices, policies, and training to eliminate harassment and discrimination
2027 in each school within the LEA;
2028 (B) adopt a plan for harassment- and discrimination-free learning; and
2029 (C) host outreach events or assemblies to inform students and parents of the plan
2030 adopted under Subsection (4)(a)(ii)(B);
2031 (b) no later than September 1 of each school year, send a notice to each student, parent,
2032 and LEA staff member stating the LEA's commitment to maintaining a school climate that is
2033 free of harassment and discrimination; and
2034 (c) report to the state board:
2035 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
2036 (4)(a)(ii)(B); and
2037 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
2038 progress.
2039 Section 35. Section 53G-8-803 is amended to read:
2040 53G-8-803. Standard response protocol to active threats in schools.
2041 [
2042 consultation with the school safety center shall make rules, in accordance with Title 63G,
2043 Chapter 3, Utah Administrative Rulemaking Act, to:
2044 (1) in accordance with the standard response protocol established by the state security
2045 chief, require an LEA or school to develop emergency preparedness plans and emergency
2046 response plans for use during an emergency that include developmentally appropriate training
2047 for students and adults regarding:
2048 (a) active threats;
2049 (b) emergency preparedness;
2050 (c) drills as required under Subsection 15A-5-202.5 and by the state security chief; and
2051 (d) standard response protocols coordinated with community stakeholders; and
2052 (2) identify the necessary components of emergency preparedness and response plans,
2053 including underlying standard response protocols and emerging best practices for an
2054 emergency[
2055 [
2056
2057 Section 36. Section 53G-8-805 is enacted to read:
2058 53G-8-805. Panic alert device -- Security cameras.
2059 (1) In accordance with the results of the school safety needs assessment described in
2060 Section 53G-8-701.5, an LEA shall provide a staff person in each classroom with a wearable
2061 panic alert device that allows for immediate contact with emergency services or emergency
2062 services agencies, law enforcement agencies, health departments, and fire departments.
2063 (2) An LEA shall ensure, before the school year begins, all school building personnel
2064 receive training on the protocol and appropriate use of the panic alert device described in
2065 Subsection (1).
2066 (3) An LEA shall:
2067 (a) ensure all security cameras within a school building are accessible by a local law
2068 enforcement agency; and
2069 (b) coordinate with a local law enforcement agency to establish appropriate access
2070 protocols.
2071 (4) This section is not subject to the restrictions in Section 41-6a-2003.
2072 Section 37. Section 53G-9-601 is amended to read:
2073 53G-9-601. Definitions.
2074 As used in this part:
2075 (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
2076 student directed toward a school employee that, based on its severity, nature, and frequency of
2077 occurrence, a reasonable person would determine is intended to cause intimidation,
2078 humiliation, or unwarranted distress.
2079 (b) A single act does not constitute abusive conduct.
2080 (2) "Action plan" means a process to address an incident as described in Section
2081 53G-9-605.5.
2082 [
2083 written, verbal, or physical act against a school employee or student that a reasonable person
2084 under the circumstances should know or reasonably foresee will have the effect of:
2085 (a) causing physical or emotional harm to the school employee or student;
2086 (b) causing damage to the school employee's or student's property;
2087 (c) placing the school employee or student in reasonable fear of:
2088 (i) harm to the school employee's or student's physical or emotional well-being; or
2089 (ii) damage to the school employee's or student's property;
2090 (d) creating a hostile, threatening, humiliating, or abusive educational environment due
2091 to:
2092 (i) the pervasiveness, persistence, or severity of the actions; or
2093 (ii) a power differential between the bully and the target; or
2094 (e) substantially interfering with a student having a safe school environment that is
2095 necessary to facilitate educational performance, opportunities, or benefits.
2096 [
2097 written, or electronic.
2098 [
2099 send or post text, video, or an image with the intent or knowledge, or with reckless disregard,
2100 that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of
2101 whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily
2102 accessed the electronic communication.
2103 [
2104 recklessly committing an act or causing another individual to commit an act toward a school
2105 employee or student that:
2106 (i) (A) endangers the mental or physical health or safety of a school employee or
2107 student;
2108 (B) involves any brutality of a physical nature, including whipping, beating, branding,
2109 calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
2110 exposure to the elements;
2111 (C) involves consumption of any food, alcoholic product, drug, or other substance or
2112 other physical activity that endangers the mental or physical health and safety of a school
2113 employee or student; or
2114 (D) involves any activity that would subject a school employee or student to extreme
2115 mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
2116 subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
2117 (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
2118 holding office in, or as a condition for membership in a school or school sponsored team,
2119 organization, program, club, or event; or
2120 (B) is directed toward a school employee or student whom the individual who commits
2121 the act knows, at the time the act is committed, is a member of, or candidate for membership
2122 in, a school or school sponsored team, organization, program, club, or event in which the
2123 individual who commits the act also participates.
2124 (b) The conduct described in Subsection [
2125 whether the school employee or student against whom the conduct is committed directed,
2126 consented to, or acquiesced in, the conduct.
2127 [
2128 that is prohibited under this part.
2129 (8) "LEA governing board" means a local school board or charter school governing
2130 board.
2131 [
2132 53G-9-605.
2133 [
2134 education suicide prevention coordinator described in Section 53G-9-702.
2135 [
2136 (a) as retribution against a person for reporting bullying or hazing; or
2137 (b) to improperly influence the investigation of, or the response to, a report of bullying
2138 or hazing.
2139 [
2140 charter school.
2141 [
2142 capacity as:
2143 (a) a school teacher;
2144 (b) a school staff member;
2145 (c) a school administrator; or
2146 (d) an individual:
2147 (i) who is employed, directly or indirectly, by a school, an LEA governing board, or a
2148 school district; and
2149 (ii) who works on a school campus.
2150 [
2151 coordinator described in Section 26B-5-611.
2152 [
2153 appointed under Section 53E-3-301.
2154 Section 38. Section 53G-9-602 is amended to read:
2155 53G-9-602. Bullying, hazing, and cyber-bullying prohibited.
2156 (1) A school employee or student may not engage in bullying a school employee or
2157 student:
2158 (a) on school property;
2159 (b) at a school related or sponsored event;
2160 (c) on a school bus;
2161 (d) at a school bus stop; or
2162 (e) while the school employee or student is traveling to or from a location or event
2163 described in Subsections (1)(a) through (d).
2164 (2) A school employee or student may not engage in [
2165 cyber-bullying or hazing a school employee or student at any time or in any location.
2166 Section 39. Section 53G-9-603 is amended to read:
2167 53G-9-603. Retaliation and making a false allegation prohibited.
2168 (1) A school employee or student may not engage in retaliation against:
2169 (a) a school employee;
2170 (b) a student; or
2171 (c) an investigator for, or a witness of, an alleged incident of bullying, cyber-bullying,
2172 hazing, or retaliation.
2173 (2) A school employee or student may not make a false allegation of bullying,
2174 cyber-bullying, hazing, abusive conduct, or retaliation against a school employee or student.
2175 Section 40. Section 53G-9-604 is amended to read:
2176 53G-9-604. Parental notification of certain incidents and threats required.
2177 (1) A school shall:
2178 (a) notify a parent if the parent's student threatens suicide; or
2179 (b) notify the parents of each student involved in an incident [
2180
2181
2182 (2) (a) [
2183
2184 incident, the school shall produce and maintain a record that:
2185 (i) [
2186
2187 (1);
2188 (ii) tracks implementation of the action plan addressing the incident, if applicable;
2189 [
2190 accordance with the requirements of:
2191 (A) Title 53E, Chapter 9, Part 2, Student Privacy;
2192 (B) Title 53E, Chapter 9, Part 3, Student Data Protection;
2193 (C) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
2194 (D) 34 C.F.R. Part 99; and
2195 [
2196 (A) suicide prevention materials and information; and
2197 (B) information on ways to limit the student's access to fatal means, including a firearm
2198 or medication.
2199 (b) The state superintendent shall select the materials and information described in
2200 Subsection [
2201 and public education suicide prevention coordinator.
2202 [
2203
2204 [
2205 [
2206
2207 [
2208 recommendations related to an incident or threat described in Subsection (1).
2209 [
2210 (a) provide a student a copy of a record maintained in accordance with this section that
2211 relates to the student if the student requests a copy of the record; and
2212 (b) expunge a record maintained in accordance with this section that relates to a
2213 student if the student:
2214 (i) has graduated from high school; and
2215 (ii) requests the record be expunged.
2216 Section 41. Section 53G-9-605 is amended to read:
2217 53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation
2218 policy.
2219 (1) [
2220
2221
2222 conduct, and retaliation policy.
2223 (2) [
2224 (a) [
2225 (i) students;
2226 (ii) parents;
2227 (iii) teachers;
2228 (iv) school administrators;
2229 (v) school staff; or
2230 (vi) local law enforcement agencies; and
2231 (b) provide protection to a student, regardless of the student's legal status.
2232 (3) [
2233 include the following components in the policy:
2234 (a) definitions of bullying, cyber-bullying, hazing, [
2235 retaliation that are consistent with this part;
2236 (b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
2237 (c) language prohibiting retaliation [
2238
2239 (d) language prohibiting making a false report of bullying, cyber-bullying, hazing,
2240 abusive conduct, or retaliation;
2241 (e) language outlining appropriate punishments for a student who shares a recording of
2242 an act of bullying, cyber-bullying, hazing, abusive conduct, and retaliation in order to impact or
2243 encourage future incidents;
2244 [
2245 (i) a student's threat [
2246 (ii) an incident [
2247 involving the parent's student; and
2248 (iii) implementation of the school's action plan to address the incident;
2249 [
2250 conduct;
2251 [
2252
2253 plan for each incident in accordance with Section 53G-9-605.5;[
2254 (i) a communication process requiring the school or LEA regularly updates each parent
2255 of a student involved in an incident regarding implementation of an action plan, including:
2256 (i) the outcome of the school's or LEA's investigation;
2257 (ii) a discussion of safety considerations for the student who is the subject of the
2258 incident; and
2259 (iii) an explanation of the school's or LEA's process for addressing the incident; and
2260 [
2261 signing the statement has received the LEA governing board's policy, from each:
2262 (i) school employee;
2263 (ii) student who is at least eight years old; and
2264 (iii) parent of a student enrolled in the [
2265 (4) [
2266 section:
2267 (a) [
2268 (b) [
2269 (c) [
2270 school district.
2271 (5) A policy may not permit formal disciplinary action that is based solely on an
2272 anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
2273 (6) Nothing in this part is intended to infringe upon the right of a school employee,
2274 parent, or student to exercise the right of free speech.
2275 Section 42. Section 53G-9-605.5 is enacted to read:
2276 53G-9-605.5. Bullying incident action plan.
2277 (1) A school or LEA shall create an action plan for an incident.
2278 (2) In an action plan, the school or LEA shall include:
2279 (a) a communication plan designed to keep each parent updated on the implementation
2280 of the action plan;
2281 (b) with respect to the student to whom the incident was directed and in direct
2282 coordination with the student's parent:
2283 (i) a tailored response to the incident that addresses the student's needs;
2284 (ii) a mechanism to consider consequences or accommodations the student may need
2285 regarding decreased exposure or interactions with the student who caused the incident;
2286 (iii) notification of the consequences and plan to address the behavior of the student
2287 who caused the incident;
2288 (iv) supportive measures designed to preserve the student's access to educational
2289 services and opportunities; and
2290 (v) to the extent available, access to other resources the parent requests for the student;
2291 and
2292 (c) with respect to the student who caused the incident and in direct coordination with
2293 the student's parent:
2294 (i) a range of tailored and appropriate consequences, making reasonable effort to
2295 preserve the student's access to educational services and activities;
2296 (ii) a process to determine and provide any needed resources related to the underlying
2297 cause of the incident;
2298 (iii) supportive measures designed to preserve the student's access to educational
2299 services and opportunities while protecting the safety and well-being of other students; and
2300 (iv) a process to remove the student from school in an emergency situation, including a
2301 description of what constitutes an emergency.
2302 (3) A school or LEA may not include in an action plan a requirement that the student to
2303 whom the incident was directed change the student's:
2304 (a) educational schedule or placement; or
2305 (b) participation in a school sponsored sport, club, or activity.
2306 (4) A school or LEA shall establish an appeals process for a student who causes an
2307 incident or the student's parent to appeal one or more of the consequences included in an action
2308 plan.
2309 (5) If, after a school or LEA attempts to involve a parent in the development and
2310 implementation of an action plan, the parent chooses not to participate in the process, the
2311 school or LEA may develop and implement an action plan without the parent's involvement.
2312 Section 43. Section 53G-9-606 is amended to read:
2313 53G-9-606. Model policy and state board duties.
2314 (1) [
2315 (a) [
2316 abusive conduct, and retaliation [
2317 (b) post the model policy described in Subsection (1)(a) on the state board's website.
2318 (2) The state board shall require an LEA governing board to report annually to the state
2319 board on:
2320 (a) the LEA governing board's policy, including implementation of the signed
2321 statement requirement described in Subsection 53G-9-605(3);
2322 (b) the LEA governing board's training of school employees relating to bullying,
2323 cyber-bullying, hazing, and retaliation described in Section 53G-9-607;
2324 (c) the demographics of an individual who is subject to bullying, hazing,
2325 cyber-bullying, or retaliation subject to:
2326 (i) Title 53E, Chapter 9, Part 2, Student Privacy;
2327 (ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
2328 (iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
2329 (iv) 34 C.F.R. Part 99; and
2330 (d) other information related to this part, as determined by the state board.
2331 Section 44. Section 53G-9-607 is amended to read:
2332 53G-9-607. Training, education, and prevention -- Standards.
2333 (1) An LEA shall designate at least one individual at the LEA level who:
2334 (a) provides training to an individual described in Subsection (2);
2335 (b) oversees the implementation of an action plan;
2336 (c) for each incident, monitors implementation of the LEA's policy regarding a
2337 communication process with a parent described in Section 53G-9-605;
2338 (d) acts as the LEA liaison to the state board regarding bullying, cyber-bullying,
2339 hazing, abusive conduct, and retaliation; and
2340 (e) assists a school with case-specific needs when the school is addressing an incident.
2341 [
2342 training regarding:
2343 (i) bullying, cyber-bullying, hazing, abusive conduct, and retaliation; and
2344 (ii) applicable civil rights laws.
2345 (b) [
2346 (2)(a) meets the standards described in Subsection [
2347 [
2348 regarding [
2349 [
2350 governing boards are encouraged to implement programs or initiatives, in addition to the
2351 training described in Subsection [
2352 the prevention of, bullying, cyber-bullying, hazing, abusive conduct, and retaliation.
2353 [
2354 (a) the establishment of a bullying task force; or
2355 (b) the involvement of school employees, students, or law enforcement.
2356 [
2357 Act, the state board shall make rules that establish standards for high quality training related to:
2358 (a) bullying, cyber-bullying, hazing, abusive conduct, and retaliation[
2359 (b) applicable civil rights laws.
2360 Section 45. Section 63H-7a-103 is amended to read:
2361 63H-7a-103. Definitions.
2362 As used in this chapter:
2363 (1) "911 account" means the Unified Statewide 911 Emergency Service Account,
2364 created in Subsection 63H-7a-304(1).
2365 (2) "911 call transfer" means the redirection of a 911 call from the person who initially
2366 receives the call to another person within the state.
2367 (3) "Association of governments" means an association of political subdivisions of the
2368 state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal
2369 Cooperation Act.
2370 (4) "Authority" means the Utah Communications Authority created in Section
2371 63H-7a-201.
2372 (5) "Backhaul network" means the portion of a public safety communications network
2373 that consists primarily of microwave paths, fiber lines, or ethernet circuits.
2374 (6) "Board" means the Utah Communications Authority Board created in Section
2375 63H-7a-203.
2376 (7) "CAD" means a computer-based system that aids PSAP dispatchers by automating
2377 selected dispatching and record-keeping activities.
2378 (8) "CAD-to-CAD" means standardized connectivity between PSAPs or between a
2379 PSAP and a dispatch center for the transmission of data between CADs.
2380 (9) "Dispatch center" means an entity that receives and responds to an emergency or
2381 nonemergency communication transferred to the entity from a public safety answering point.
2382 (10) "FirstNet" means the federal First Responder Network Authority established in 47
2383 U.S.C. Sec. 1424.
2384 (11) "Lease" means any lease, lease purchase, sublease, operating, management, or
2385 similar agreement.
2386 (12) "Public agency" means any political subdivision of the state dispatched by a public
2387 safety answering point.
2388 (13) "Public safety agency" means the same as that term defined in Section 69-2-102.
2389 (14) "Public safety answering point" or "PSAP" means an entity in this state that:
2390 (a) receives, as a first point of contact, direct 911 emergency communications from the
2391 911 emergency service network requesting a public safety service;
2392 (b) has a facility with the equipment and staff necessary to receive the communication;
2393 (c) assesses, classifies, and prioritizes the communication; [
2394 (d) dispatches the communication to the proper responding agency[
2395 (e) submits information as described in Section 63H-7a-208.
2396 (15) "Public safety communications network" means:
2397 (a) a regional or statewide public safety governmental communications network and
2398 related facilities, including real property, improvements, and equipment necessary for the
2399 acquisition, construction, and operation of the services and facilities; and
2400 (b) 911 emergency services, including radio communications, connectivity, and 911
2401 call processing equipment.
2402 Section 46. Section 63H-7a-208 is amended to read:
2403 63H-7a-208. PSAP advisory committee.
2404 (1) There is established a PSAP advisory committee composed of nine members
2405 appointed by the board as follows:
2406 (a) one representative from a PSAP managed by a city;
2407 (b) one representative from a PSAP managed by a county;
2408 (c) one representative from a PSAP managed by a special service district;
2409 (d) one representative from a PSAP managed by the Department of Public Safety;
2410 (e) one representative from a PSAP from a county of the first class;
2411 (f) one representative from a PSAP from a county of the second class;
2412 (g) one representative from a PSAP from a county of the third or fourth class;
2413 (h) one representative from a PSAP from a county of the fifth or sixth class; and
2414 (i) one member from the telecommunications industry.
2415 (2) (a) Except as provided in Subsection (2)(b), each member shall be appointed to a
2416 four-year term beginning July 1, 2019.
2417 (b) Notwithstanding Subsection (2)(a), the board shall:
2418 (i) at the time of appointment or reappointment, adjust the length of terms to ensure
2419 that the terms of committee members are staggered so that the terms of approximately half of
2420 the committee end every two years; and
2421 (ii) not reappoint a member for more than two consecutive terms.
2422 (3) If a vacancy occurs in the membership for any reason, the replacement shall be
2423 appointed by the board for the unexpired term.
2424 (4) (a) Each January, the committee shall organize and select one of its members as
2425 chair and one member as vice chair.
2426 (b) The committee may organize standing or ad hoc subcommittees, which shall
2427 operate in accordance with guidelines established by the committee.
2428 (5) (a) The chair shall convene a minimum of four meetings per year.
2429 (b) The chair may call special meetings.
2430 (c) The chair shall call a meeting upon request of five or more members of the
2431 committee.
2432 (6) Five members of the committee constitute a quorum for the transaction of business,
2433 and the action of a majority of the members present is the action of the committee.
2434 (7) A member may not receive compensation or benefits for the member's service.
2435 (8) The PSAP advisory committee shall, on behalf of stakeholders, make
2436 recommendations to the director and the board regarding:
2437 (a) the authority operations and policies;
2438 (b) the 911 division and interoperability division strategic plans;
2439 (c) the operation, maintenance, and capital development of the public safety
2440 communications network;
2441 (d) the authority's administrative rules relative to the 911 division and the
2442 interoperability division; and
2443 (e) the development of minimum standards and best practices as described in
2444 Subsection 63H-7a-302(1)(a).
2445 (9) No later than September 30, 2020, the PSAP advisory committee shall propose to
2446 the board a statewide CAD-to-CAD call handling and 911 call transfer protocol.
2447 (10) The chair of the PSAP advisory committee is a nonvoting member of the board.
2448 (11) (a) The committee is not subject to Title 52, Chapter 4, Open and Public Meetings
2449 Act.
2450 (b) The committee shall:
2451 (i) at least 24 hours before a committee meeting, post a notice of the meeting, with a
2452 meeting agenda, on the authority's website;
2453 (ii) within 10 days after a committee meeting, post to the authority's website the audio
2454 and draft minutes of the meeting; and
2455 (iii) within three days after the committee approves minutes of a committee meeting,
2456 post the approved minutes to the authority's website.
2457 (c) The committee's vice chair is responsible for preparing minutes of committee
2458 meetings.
2459 (12) On or before December 31, 2024, the PSAP advisory committee shall coordinate
2460 with the State Bureau of Investigation to use the intelligence system described in Subsections
2461 53-10-302(7) and (8) to:
2462 (a) establish the information a PSAP is required to submit to the intelligence system;
2463 and
2464 (b) create a format for submitting information.
2465 Section 47. Section 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) is amended to read:
2466 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25). Repeal dates: Titles 53 through
2467 53G.
2468 (1) Section 53-2a-105, which creates the Emergency Management Administration
2469 Council, is repealed July 1, 2027.
2470 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2471 Board, are repealed July 1, 2027.
2472 (3) Section 53-2d-703 is repealed July 1, 2027.
2473 (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
2474 July 1, 2024.
2475 (5) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per
2476 diem -- Report -- Expiration, is repealed December 31, 2025.
2477 (6) Section 53-22-104.2, School Security Task Force Education Advisory Board, is
2478 repealed December 31, 2025.
2479 [
2480 is repealed July 1, 2024.
2481 [
2482 System of Higher Education is repealed July 1, 2027.
2483 [
2484 repealed July 1, 2028.
2485 [
2486 2028.
2487 [
2488 Commission, is repealed January 1, 2025.
2489 [
2490 2028.
2491 [
2492 Infrastructure Research Center, is repealed on July 1, 2028.
2493 [
2494 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2495 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2496 [
2497 youth in custody, are repealed July 1, 2027.
2498 [
2499 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2500 recommendations of a standards review committee established under Section 53E-4-203" is
2501 repealed; and
2502 (b) Section 53E-4-203 is repealed.
2503 [
2504 Commission, is repealed July 1, 2027.
2505 [
2506 Commission, is repealed July 1, 2033.
2507 [
2508 Pilot Program, is repealed July 1, 2024.
2509 [
2510 [
2511 repealed July 1, 2025.
2512 [
2513 repealed July 1, 2025.
2514 [
2515 Pilot Program, is repealed on July 1, 2025.
2516 [
2517 Account Committee, is repealed July 1, 2024.
2518 [
2519 Commission, are repealed January 1, 2025.
2520 [
2521 2027.
2522 [
2523 July 1, 2027.
2524 Section 48. Section 63I-1-253 (Contingently Effective 01/01/25) is amended to read:
2525 63I-1-253 (Contingently Effective 01/01/25). Repeal dates: Titles 53 through 53G.
2526 (1) Section 53-2a-105, which creates the Emergency Management Administration
2527 Council, is repealed July 1, 2027.
2528 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
2529 Board, are repealed July 1, 2027.
2530 (3) Section 53-2d-703 is repealed July 1, 2027.
2531 (4) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
2532 July 1, 2024.
2533 (5) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per
2534 diem -- Report -- Expiration, is repealed December 31, 2025.
2535 (6) Section 53-22-104.2, School Security Task Force Education Advisory Board, is
2536 repealed December 31, 2025.
2537 [
2538 is repealed July 1, 2024.
2539 [
2540 System of Higher Education is repealed July 1, 2027.
2541 [
2542 repealed July 1, 2028.
2543 [
2544 2028.
2545 [
2546 Commission, is repealed January 1, 2025.
2547 [
2548 2028.
2549 [
2550 Infrastructure Research Center, is repealed on July 1, 2028.
2551 [
2552 money from the Land Exchange Distribution Account to the Geological Survey for test wells
2553 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
2554 [
2555 youth in custody, are repealed July 1, 2027.
2556 [
2557 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
2558 recommendations of a standards review committee established under Section 53E-4-203" is
2559 repealed; and
2560 (b) Section 53E-4-203 is repealed.
2561 [
2562 Commission, is repealed July 1, 2027.
2563 [
2564 Commission, is repealed July 1, 2033.
2565 [
2566 Pilot Program, is repealed July 1, 2024.
2567 [
2568 [
2569 repealed July 1, 2025.
2570 [
2571 repealed July 1, 2025.
2572 [
2573 Pilot Program, is repealed on July 1, 2025.
2574 [
2575 loss in enrollment for certain fiscal years, is repealed on July 1, 2030.
2576 (b) On July 1, 2030, the Office of Legislative Research and General Counsel shall
2577 renumber the remaining subsections accordingly.
2578 [
2579 Account Committee, is repealed July 1, 2024.
2580 [
2581 Commission, are repealed January 1, 2025.
2582 [
2583 2027.
2584 [
2585 July 1, 2027.
2586 Section 49. Section 63I-2-253 (Superseded 07/01/24) is amended to read:
2587 63I-2-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
2588 (1) Section 53-1-118 is repealed on July 1, 2024.
2589 (2) Section 53-1-120 is repealed on July 1, 2024.
2590 (3) Section 53-7-109 is repealed on July 1, 2024.
2591 (4) Section 53-22-104 is repealed December 31, 2023.
2592 (5) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per
2593 diem -- Report -- Expiration, is repealed December 31, 2025.
2594 (6) Section 53-22-104.2, School Security Task Force Education Advisory Board, is
2595 repealed December 31, 2025.
2596 [
2597 [
2598 repealed July 1, 2023.
2599 [
2600 [
2601 repealed on July 1, 2023:
2602 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2603 established under Sections 53B-8-202 through 53B-8-205";
2604 (b) Section 53B-8-202;
2605 (c) Section 53B-8-203;
2606 (d) Section 53B-8-204; and
2607 (e) Section 53B-8-205.
2608 [
2609 [
2610 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2611 [
2612 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2613 [
2614 is repealed July 1, 2024.
2615 [
2616 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2617 [
2618 is repealed July 1, 2024.
2619 [
2620 program, is repealed July 1, 2028.
2621 [
2622 [
2623 [
2624 Legislative Research and General Counsel shall, in addition to the office's authority under
2625 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
2626 in this section are complete sentences and accurately reflect the office's perception of the
2627 Legislature's intent.
2628 Section 50. Section 63I-2-253 (Effective 07/01/24) is amended to read:
2629 63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
2630 (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
2631 July 1, 2024.
2632 (2) Section 53-1-118 is repealed on July 1, 2024.
2633 (3) Section 53-1-120 is repealed on July 1, 2024.
2634 (4) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
2635 2024.
2636 (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
2637 53-2d-702(1)(a) is amended to read:
2638 "(a) provide the patient or the patient's representative with the following information
2639 before contacting an air medical transport provider:
2640 (i) which health insurers in the state the air medical transport provider contracts with;
2641 (ii) if sufficient data is available, the average charge for air medical transport services
2642 for a patient who is uninsured or out of network; and
2643 (iii) whether the air medical transport provider balance bills a patient for any charge not
2644 paid by the patient's health insurer; and".
2645 (6) Section 53-7-109 is repealed on July 1, 2024.
2646 (7) Section 53-22-104 is repealed December 31, 2023.
2647 (8) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per
2648 diem -- Report -- Expiration, is repealed December 31, 2025.
2649 (9) Section 53-22-104.2, School Security Task Force Education Advisory Board, is
2650 repealed December 31, 2025.
2651 [
2652 [
2653 repealed July 1, 2023.
2654 [
2655 [
2656 repealed on July 1, 2023:
2657 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
2658 established under Sections 53B-8-202 through 53B-8-205";
2659 (b) Section 53B-8-202;
2660 (c) Section 53B-8-203;
2661 (d) Section 53B-8-204; and
2662 (e) Section 53B-8-205.
2663 [
2664 [
2665 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
2666 [
2667 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
2668 [
2669 is repealed July 1, 2024.
2670 [
2671 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
2672 [
2673 is repealed July 1, 2024.
2674 [
2675 program, is repealed July 1, 2028.
2676 [
2677 [
2678 [
2679 Legislative Research and General Counsel shall, in addition to the office's authority under
2680 Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
2681 in this section are complete sentences and accurately reflect the office's perception of the
2682 Legislature's intent.
2683 Section 51. Section 76-10-505.5 is amended to read:
2684 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled
2685 shotgun on or about school premises -- Penalties.
2686 (1) As used in this section, "on or about school premises" means:
2687 (a) (i) in a public or private elementary or secondary school; or
2688 (ii) on the grounds of any of those schools;
2689 (b) (i) in a public or private institution of higher education; or
2690 (ii) on the grounds of a public or private institution of higher education; [
2691 [
2692 [
2693 entire building is being used for the operation of the preschool or child care; or
2694 [
2695 care, in that room or rooms where the preschool or child care operation is being held.
2696 (2) A person may not possess any dangerous weapon, firearm, or short barreled
2697 shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or
2698 has reasonable cause to believe, is on or about school premises as defined in this section.
2699 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
2700 misdemeanor.
2701 (b) Possession of a firearm or short barreled shotgun on or about school premises is a
2702 class A misdemeanor.
2703 (4) This section does not apply if:
2704 (a) the person is authorized to possess a firearm as [
2705 Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
2706 (b) the person is authorized to possess a firearm as [
2707 Section 53-5-704.5, unless the person is in a location where the person is prohibited from
2708 carrying a firearm under Subsection 53-5-710(2);
2709 (c) the possession is approved by the responsible school administrator;
2710 (d) the item is present or to be used in connection with a lawful, approved activity and
2711 is in the possession or under the control of the person responsible for its possession or use;
2712 (e) the actor is as an armed school security guard as described in Section 53G-8-704; or
2713 [
2714 (i) at the person's place of residence or on the person's property; or
2715 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
2716 the school or used by the school to transport students.
2717 (5) This section does not:
2718 (a) prohibit prosecution of a more serious weapons offense that may occur on or about
2719 school premises; or
2720 (b) prevent an actor from securely storing a firearm on the grounds of a school if the
2721 actor:
2722 (i) participates in the school guardian program created in Section 53-22-105; and
2723 (ii) complies with the requirements for securely storing the firearm.
2724 Section 52. Repealer.
2725 This bill repeals:
2726 Section 53G-8-703.2, LEA establishment of SRO policy -- Public comment.
2727 Section 53. FY 2025 Appropriation.
2728 The following sums of money are appropriated for the fiscal year beginning July 1,
2729 2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
2730 fiscal year 2025.
2731 Subsection 53(a). Operating and Capital Budgets.
2732 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
2733 Legislature appropriates the following sums of money from the funds or accounts indicated for
2734 the use and support of the government of the state of Utah.
2735
ITEM 1
To Department of Public Safety - Programs & Operations| 2736 | From General Fund | $2,118,100 | |||
| 2737 | Schedule of Programs: | ||||
| 2738 | Department Commissioner's Office | $2,118,100 | |||
2740 (1) $2,003,600 be used for personnel connected to the state security chief described in
2741 Section 53-22-102;
2742 (2) $60,000 be used for systems integration costs, vehicles, and equipment for the
2743 personnel of the state security chief; and
2744 (3) $54,500 be used for ongoing stipends for school guardian volunteers described in
2745 Section 53-22-105
2746
ITEM 2
To State Board of Education - Contracted Initiatives and Grants| 2747 | From Income Tax Fund | $2,100,000 | |||
| 2748 | From Public Education Economic Stabilization Restricted Account, One-time | $100,000,000 | |||
| 2749 | Schedule of Programs: | ||||
| 2750 | Early Warning Program | $2,100,000 | |||
| 2751 | School Safety and Support Grant Program | $100,000,000 | |||
2753 (1) in accordance with Section 53F-4-207, the State Board of Education use
2754 $2,100,000 to select a third-party provider for a statewide contract to provide student
2755 intervention early warning software to local education agencies for an online data reporting
2756 tool, digital platform, or enhancement to existing tools.
2757 (2) $98,700,000 of the $100,000,000 for the School Safety and Support Grant Program
2758 in this item be used as follows:
2759 (a) $50,000,000 is used for:
2760 (i) supporting general grants to local education agencies priotized by need as the school
2761 security task force described in Section 53-22-104.1 determines in coordination with the state
2762 secuirty chief and the school safety center; and
2763 (ii) research expenses supporting the work of the school security task force as the
2764 co-chairs of the school security task force authorize; and
2765 (b) $48,700,000 for targeted grants to local education agencies under the school safety
2766 needs assessment described in 53G-8-701.5;
2767 (3) $1,300,000 of the $100,000,000 for the School Safety and Support Grant Program
2768 in this item be used to coordinate the payment of one-time costs for the Department of Public
2769 Safety for costs related to expenses for duties described in Section 53-22-102, including
2770 vehicles and equipment for personnel of the state security chief, systems integration costs,
2771 guardian stipends, and financial services overtime costs;
2772 (4) in accordance 63J-1-603, the one-time appropriation provided under this item not
2773 lapse at the close of fiscal year 2025 and the use of any nonlapsing funds is limited to the
2774 purposes described in the grant program found in Section 53F-5-220.
2775
ITEM 3
To State Board of Education - Utah Schools for the Deaf and the Blind| 2776 | From Income Tax Fund | $45,700 | |||
| 2777 | Schedule of Programs: | ||||
| 2778 | Administration | $45,700 | |||
2780 Schools for the Deaf and the Blind with school security personnel, firearms training, and panic
2781 alert system equipment required in this bill.
2782
ITEM 4
To Legislature - Senate| 2783 | From General Fund, One-time | $11,200 | |||
| 2784 | Schedule of Programs: | ||||
| 2785 | Administration | $11,200 | |||
TEM 5
To Legislature - House of Representatives| 2787 | From General Fund, One-time | $11,200 | |||
| 2788 | Schedule of Programs: | ||||
| 2789 | Administration | $11,200 | |||
TEM 6
To Legislature - Office of Legislative Research and General Counsel| 2791 | From General Fund, One-time | $19,900 | |||
| 2792 | Schedule of Programs: | ||||
| 2793 | Administration | $19,900 | |||
2794 Section 54. Effective date.
2795 (1) Except as provided in Subsections (2) and (3), this bill takes effect on May 1, 2024.
2796 (2) The actions affecting Sections 63I-1-253 (Eff 07/01/24) (Cont Sup 01/01/25) and
2797 63I-2-253 (Effective 07/01/24) take effect July 1, 2024.
2798 (3) The actions affecting Section 63I-1-253 (Contingently Superseded 01/01/25) take
2799 effect January 1, 2025.