This document includes House Committee Amendments incorporated into the bill on Thu, Feb 8, 2024 at 10:20 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Fri, Feb 16, 2024 at 9:50 AM by housengrossing.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 29, 2024 at 3:28 PM by lpoole.
1     
STUDENT OFFENDER REINTEGRATION AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ashlee Matthews

5     
Senate Sponsor: Keith Grover

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to a student who has committed a violent or sexual
10     crime.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires an LEA to adopt a policy regarding a student who commits a violent or
14     sexual crime;
15          ▸     prohibits a student who has committed a violent or sexual crime from attending
16     school in certain circumstances;
17          ▸     creates civil liability for a parent of a student under certain circumstances; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          53G-8-201, as enacted by Laws of Utah 2018, Chapter 3
26          53G-8-203, as last amended by Laws of Utah 2020, Chapter 161
27          53G-8-204, as last amended by Laws of Utah 2019, Chapter 293
28          53G-8-205, as last amended by Laws of Utah 2019, Chapter 293
29          53G-8-213, as enacted by Laws of Utah 2023, Chapter 161
30     ENACTS:
31          78B-3-1003, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53G-8-201 is amended to read:
35          53G-8-201. Definitions.
36          [Reserved]
37          (1) "Sexual crime" or "sexual misconduct" means any conduct described in:
38          (a) Title 76, Chapter 5, Part 4, Sexual Offenses;
39          (b) Title 76, Chapter 5b, Sexual Exploitation Act;
40          (c) Section 76-7-102, incest;
41          (d) Section 76-9-702, lewdness; and
42          (e) Section 76-9-702.1, sexual battery.
43          (2) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
44          Section 2. Section 53G-8-203 is amended to read:
45          53G-8-203. Conduct and discipline policies and procedures.
46          (1) The conduct and discipline policies required under Section 53G-8-202 shall
47     include:
48          (a) provisions governing student conduct, safety, and welfare;
49          (b) standards and procedures for dealing with students who cause disruption in the
50     classroom, on school grounds, on school vehicles, or in connection with school-related
51     activities or events;
52          (c) procedures for the development of remedial discipline plans for students who cause
53     a disruption at any of the places referred to in Subsection (1)(b);
54          (d) procedures for the use of reasonable and necessary physical restraint in dealing with
55     students posing a danger to themselves or others, consistent with Section 53G-8-302;
56          (e) standards and procedures for dealing with student conduct in locations other than
57     those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:
58          (i) the school;
59          (ii) school property;
60          (iii) a person associated with the school; or
61          (iv) property associated with a person described in Subsection (1)(e)(iii);
62          (f) procedures for the imposition of disciplinary sanctions, including suspension and
63     expulsion;
64          (g) specific provisions, consistent with Section 53E-3-509, for preventing and
65     responding to gang-related activities in the school, on school grounds, on school vehicles, or in
66     connection with school-related activities or events;
67          (h) standards and procedures for dealing with habitual disruptive or unsafe student
68     behavior in accordance with the provisions of this part; and
69          (i) procedures for responding to reports received through the SafeUT Crisis Line under
70     Subsection 53B-17-1202(3).
71          (2) (a) Each local school board shall establish a policy on detaining students after
72     regular school hours as a part of the district-wide discipline plan required under Section
73     53G-8-202.
74          (b) (i) The policy described in Subsection (2)(a) shall apply to elementary school
75     students, grades kindergarten through 6.
76          (ii) The local school board shall receive input from teachers, school administrators, and
77     parents of the affected students before adopting the policy.
78          (c) The policy described in Subsection (2)(a) shall provide for:
79          (i) notice to the parent of a student prior to holding the student after school on a
80     particular day; and
81          (ii) exceptions to the notice provision if detention is necessary for the student's health
82     or safety.
83          (3) (a) Each LEA shall adopt a policy for responding to possession or use of electronic
84     cigarette products by a student on school property.
85          (b) The policy described in Subsection (3)(a) shall:
86          (i) prohibit students from possessing or using electronic cigarette products on school
87     property;
88          (ii) include policies or procedures for the confiscation or surrender of electronic
89     cigarette products; and
90          (iii) require a school administrator or school administrator's designee to dispose of or
91     destroy a confiscated electronic cigarette product.
92          (c) Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic
93     cigarette product to local law enforcement if:
94          (i) a school official has a reasonable suspicion that a confiscated electronic cigarette
95     product contains an illegal substance; and
96          (ii) local law enforcement requests that the LEA release the confiscated electronic
97     cigarette product to local law enforcement as part of an investigation or action.
98          (4) (a) Each LEA shall adopt a policy for responding to when a student has committed
99     a violent felony or sexual crime.
100          (b) The policy described in Subsection (4)(a) shall:
101          (i) address a violent felony or sexual misconduct related to hazing;
102          (ii) distinguish procedures for when the crime occurs on school property and off of
103     school property;
104          (iii) Ĥ→ [provide a process to receive and consider input from local law enforcement
105     regarding an appropriate placement for the student to receive educational services] if a student has
105a     committed a violent felony or sexual crime, provide a process for a school resource officer to
105b     provide input for the LEA to consider regarding the safety risks a student may pose upon
105c     reintegration ←Ĥ ;
106          (iv) establish a process to inform a school resource officer of any student who is on
107     probation;
108          (v) create procedures for determining an alternative placement for a student if the
109     student attends the same school as:
110          (A) the victim of the student's crime; and
111          (B) an individual who has a protective order against the student; and
112          (vi) be compliant with state and federal law.
113          Section 3. Section 53G-8-204 is amended to read:
114          53G-8-204. Suspension and expulsion procedures -- Notice to parents --
115     Distribution of policies.
116          (1) (a) Policies required under this part shall include written procedures for the
117     suspension and expulsion of, or denial of admission to, a student, consistent with due process
118     and other provisions of law.
119          (b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
120     public schools to notify the custodial parent and, if requested in writing by a noncustodial
121     parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
122     student.
123          (ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
124     disclose any information protected under a court order.
125          (iii) The custodial parent is responsible for providing to the school a certified copy of
126     the court order under Subsection (1)(b)(ii) through a procedure adopted by the [local school
127     board or the charter school] local governing board.
128          (2) (a) Each [local school board or charter school] local governing board shall provide
129     for the distribution of a copy of a school's discipline and conduct policy to each student upon
130     enrollment in the school.
131          (b) A copy of the policy shall be posted in a prominent location in each school.
132          (c) Any significant change in a school's conduct and discipline policy shall be
133     distributed to students in the school and posted in the school in a prominent location.
134          Section 4. Section 53G-8-205 is amended to read:
135          53G-8-205. Grounds for suspension or expulsion from a public school.
136          (1) A student may be suspended or expelled from a public school for any of the
137     following reasons:
138          (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
139     behavior, including the use of foul, profane, vulgar, or abusive language;
140          (b) willful destruction or defacing of school property;
141          (c) behavior or threatened behavior which poses an immediate and significant threat to
142     the welfare, safety, or morals of other students or school personnel or to the operation of the
143     school;
144          (d) possession, control, or use of an alcoholic beverage as defined in Section
145     32B-1-102;
146          (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
147     school or school property, to a person associated with the school, or property associated with
148     that person, regardless of where it occurs; or
149          (f) possession or use of pornographic material on school property.
150          (2) (a) A student shall be suspended or expelled from a public school for any of the
151     following reasons:
152          (i) any serious violation affecting another student or a staff member, or any serious
153     violation occurring in a school building, in or on school property, or in conjunction with any
154     school activity, including:
155          (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
156     noxious or flammable material;
157          (B) the actual Ŝ→ [or threatened] ←Ŝ use of violence or sexual misconduct;
158          [(B)] (C) the actual or threatened use of a look alike weapon with intent to intimidate
159     another person or to disrupt normal school activities; or
160          [(C)] (D) the sale, control, or distribution of a drug or controlled substance as defined
161     in Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug
162     paraphernalia as defined in Section 58-37a-3; or
163          (ii) the commission of an act involving the use of force or the threatened use of force
164     which if committed by an adult would be a felony or class A misdemeanor.
165          (b) A student who commits a violation of Subsection (2)(a) involving a real or look
166     alike weapon, explosive, or flammable material shall be expelled from school for a period of
167     not less than one year subject to the following:
168          (i) within 45 days after the expulsion the student shall appear before the student's [local
169     school board] superintendent, the superintendent's designee, chief administrative officer of a
170     charter school, or the chief administrative officer's designee, accompanied by a parent; and
171          (ii) the superintendent, chief administrator, or designee shall determine:
172          (A) what conditions must be met by the student and the student's parent for the student
173     to return to school including any provided for in the policies described in Section 53G-8-203;
174          (B) if the student should be placed on probation in a regular or alternative school
175     setting consistent with Section 53G-8-208, and what conditions must be met by the student in
176     order to ensure the safety of students and faculty at the school the student is placed in; and
177          (C) if it would be in the best interest of both the [school district or charter school]
178     LEA, and the student, to modify the expulsion term to less than a year, conditioned on approval
179     by [the local school board or charter school] the local governing board and giving highest
180     priority to providing a safe school environment for all students.
181          (3) A student may be denied admission to a public school on the basis of having been
182     expelled from that or any other school during the preceding 12 months.
183          (4) A suspension or expulsion under this section is not subject to the age limitations
184     under Subsection 53G-6-204(1).
185          (5) [Each local school board and charter school] A local governing board shall prepare
186     an annual report for the state board on:
187          (a) each violation committed under this section; and
188          (b) each action taken by the [school district] LEA against a student who committed the
189     violation.
190          Section 5. Section 53G-8-213 is amended to read:
191          53G-8-213. Reintegration plan for student alleged to have committed violent
192     felony or weapon offense.
193          (1) As used in this section[:],
194          [(a) "Multidisciplinary] multidisciplinary team" means the local education agency, the
195     juvenile court, the Division of Juvenile Justice Services, a school resource officer if applicable,
196     and any other relevant party that should be involved in a reintegration plan.
197          [(b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.]
198          (2) If a school district receives a notification from the juvenile court or a law
199     enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile
200     court for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
201     the school shall develop a reintegration plan for the student with a multidisciplinary team, the
202     student, and the student's parent or guardian, within five days after the day on which the school
203     receives a notification.
204          (3) The school may deny admission to the student until the school completes the
205     reintegration plan under Subsection (2).
206          (4) The reintegration plan under Subsection (2) shall address:
207          (a) a behavioral intervention for the student;
208          (b) a short-term mental health or counseling service for the student; [and]
209          (c) an academic intervention for the student[.]; and
210          (d) if the violent felony was directed at a school employee or another student within the
211     school, notification of the reintegration plan to that school employee or student and the
212     student's parent.
213          (5) A school district may not reintegrate a student into a school where:
214          (a) a student or staff member has a protective order against the student being
215     reintegrated; or
216          (b) a student or staff member is the victim of a sexual crime committed by the student
217     being reintegrated Ŝ→ unless the victim consents ←Ŝ .
218          Section 6. Section 78B-3-1003 is enacted to read:
219          78B-3-1003. Liability of a parent or guardian for repeated offenses by a minor on
220     school grounds.
221          (1) Except as provided in Subsection (6), if a person suffers damages from a minor
222     committing the same offense repeatedly on school grounds for an offense in Title 76, Utah
223     Criminal Code, or Title 80, Utah Juvenile Code, the person may bring a cause of action against
224     a parent or guardian with legal custody of the minor to recover costs and damages caused by
225     the repeated offense.
226          (2) The parent or guardian is not liable for costs or damages under Subsection (1) if the
227     parent or guardian made a reasonable effort Ĥ→ [:
228          (a)] ←Ĥ to supervise and direct the minor Ĥ→ [; or] . ←Ĥ
229          Ĥ→ [(b) to Ĥ→ [restrain] prevent ←Ĥ the minor if the parent or guardian knew in advance
229a     of the minor's intent
230     to commit the repeated offense.] ←Ĥ
231          (3) If a parent or guardian is found liable under this section, the court may waive part
232     or all of the parent's or guardian's liability for costs or damages if the court finds:
233          (a) good cause; or
234          (b) that the parent or guardian Ĥ→ [:
235          (i) made a reasonable effort to Ĥ→ [restrain] prevent ←Ĥ the minor from committing the
235a     wrongful
236     conduct; and
237          (ii)] ←Ĥ reported the minor's wrongful conduct to law enforcement after the parent or
238     guardian knew of the minor's wrongful conduct.
239          (4) A report is not required under Subsection (3)(b)(ii) from a parent or guardian if the
240     minor was arrested or apprehended by law enforcement.
241          (5) An adjudication or a conviction of a minor for a repeated offense under Title 76,
242     Utah Criminal Code, or Title 80, Utah Juvenile Code, is not required for a civil action to be
243     brought under this section.
244          (6) A person may not bring a cause of action against the state, an agency of the state, or
245     a contracted provider of an agency of the state, under this section.
246          Section 7. Effective date.
247          This bill takes effect on July 1, 2024.