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7 LONG TITLE
8 Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote: 11 voting for 1 voting against 6 absent
11 General Description:
12 This bill establishes a system for school safety incidents.
13 Highlighted Provisions:
14 This bill:
15 ▸ requires key boxes for buildings with restricted access to have secure accountability
16 procedures for keys;
17 ▸ amends the International Fire Code;
18 ▸ requires certain state buildings and schools to have emergency communication
19 systems;
20 ▸ requires school resource officer training to be developed by the state security chief;
21 ▸ establishes duties of the state security chief and a county security chief in relation to
22 school safety initiatives;
23 ▸ establishes a school guardian program;
24 ▸ requires threat reporting by state employees and others if they become aware of
25 threats to schools;
26 ▸ establishes some reporting from the SafeUT Crisis Line to the state's intelligence
27 databases;
28 ▸ requires certain school safety data to be included in the annual school disciplinary
29 report;
30 ▸ expands requirements for school resource officer contracts and policies;
31 ▸ requires designation of certain school safety personnel;
32 ▸ requires panic alert devices and video camera access for schools and classrooms;
33 ▸ requires coordination of emergency call information with the state's intelligence
34 system;
35 ▸ amends process for secure firearm storage under certain circumstances to include
36 school guardians; and
37 ▸ makes technical changes.
38 Money Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 This bill provides a special effective date.
42 Utah Code Sections Affected:
43 AMENDS:
44 15A-5-203, as last amended by Laws of Utah 2023, Chapters 95, 327
45 15A-5-205.5, as last amended by Laws of Utah 2023, Chapter 95
46 17-22-2, as last amended by Laws of Utah 2023, Chapter 15
47 53-10-302, as last amended by Laws of Utah 2016, Chapter 302
48 53-22-101, as enacted by Laws of Utah 2023, Chapter 383
49 53-22-102, as enacted by Laws of Utah 2023, Chapter 383
50 53-22-103, as enacted by Laws of Utah 2023, Chapter 383
51 53B-17-1202, as renumbered and amended by Laws of Utah 2019, Chapter 446
52 53B-17-1204, as last amended by Laws of Utah 2020, Chapter 365
53 53E-3-516, as last amended by Laws of Utah 2023, Chapters 115, 161
54 53E-3-518, as last amended by Laws of Utah 2023, Chapter 70
55 53E-3-702, as last amended by Laws of Utah 2019, Chapter 186
56 53E-3-706, as last amended by Laws of Utah 2022, Chapter 421
57 53F-4-207, as last amended by Laws of Utah 2022, Chapter 208
58 53G-6-806, as enacted by Laws of Utah 2023, Chapter 70
59 53G-8-213, as enacted by Laws of Utah 2023, Chapter 161
60 53G-8-701, as last amended by Laws of Utah 2023, Chapter 383
61 53G-8-701.5, as enacted by Laws of Utah 2023, Chapter 383
62 53G-8-702, as last amended by Laws of Utah 2023, Chapter 383
63 53G-8-703, as last amended by Laws of Utah 2023, Chapter 383
64 53G-8-703.2, as enacted by Laws of Utah 2023, Chapter 383
65 53G-8-801, as enacted by Laws of Utah 2019, Chapter 441
66 53G-8-802, as last amended by Laws of Utah 2023, Chapters 328, 383
67 53G-8-803, as enacted by Laws of Utah 2023, Chapter 390
68 63H-7a-103, as last amended by Laws of Utah 2020, Chapter 368
69 63H-7a-208, as last amended by Laws of Utah 2020, Chapter 368
70 76-10-505.5, as last amended by Laws of Utah 2021, Chapter 141
71 ENACTS:
72 53-22-105, Utah Code Annotated 1953
73 53-22-106, Utah Code Annotated 1953
74 53G-8-701.6, Utah Code Annotated 1953
75 53G-8-701.7, Utah Code Annotated 1953
76 53G-8-701.8, Utah Code Annotated 1953
77 53G-8-704, Utah Code Annotated 1953
78 53G-8-805, Utah Code Annotated 1953
79
80 Be it enacted by the Legislature of the state of Utah:
81 Section 1. Section 15A-5-203 is amended to read:
82 15A-5-203. Amendments and additions to IFC related to fire safety, building,
83 and site requirements.
84 (1) For IFC, Chapter 5, Fire Service Features:
85 (a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
86 follows: "An authority having jurisdiction over a structure built in accordance with the
87 requirements of the International Residential Code as adopted in the State Construction Code,
88 may require an automatic fire sprinkler system for the structure only by ordinance and only if
89 any of the following conditions exist:
90 (i) the structure:
91 (A) is located in an urban-wildland interface area as provided in the Utah Wildland
92 Urban Interface Code adopted as a construction code under the State Construction Code; and
93 (B) does not meet the requirements described in Utah Code, Subsection
94 65A-8-203(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
95 County Wildland Fire Ordinance;
96 (ii) the structure is in an area where a public water distribution system with fire
97 hydrants does not exist as required in Utah Administrative Code, R309-550-5, Water Main
98 Design;
99 (iii) the only fire apparatus access road has a grade greater than 10% for more than 500
100 continual feet;
101 (iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
102 exceeds 10,000 square feet; or
103 (v) the total floor area of all floor levels within the exterior walls of the dwelling unit is
104 double the average of the total floor area of all floor levels of unsprinkled homes in the
105 subdivision that are no larger than 10,000 square feet.
106 (vi) Exception: A single family dwelling does not require a fire sprinkler system if the
107 dwelling:
108 (A) is located outside the wildland urban interface;
109 (B) is built in a one-lot subdivision; and
110 (C) has 50 feet of defensible space on all sides that limits the propensity of fire
111 spreading from the dwelling to another property."
112 (b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
113 follows: "Where access to or within a structure or an area is restricted because of secured
114 openings or where immediate access is necessary for life-saving or fire-fighting purposes, the
115 fire code official, after consultation with the building owner, may require a key box to be
116 installed in an approved location. The key box shall contain keys to gain necessary access as
117 required by the fire code official. For each fire jurisdiction that has at least one building with a
118 required key box, the fire jurisdiction shall adopt an ordinance, resolution, or other operating
119 rule or policy that creates a process to ensure that each key to each key box is properly
120 accounted for and secure."
121 (c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings,
122 is added as follows: "Fire flow may be reduced for an isolated one- and two-family dwelling
123 when the authority having jurisdiction over the dwelling determines that the development of a
124 full fire-flow requirement is impractical."
125 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as
126 follows:
127 "507.1.2 Pre-existing subdivision lots.
128 The requirements for a pre-existing subdivision lot shall not exceed the requirements
129 described in Section 501.5."
130 (e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3.
131 One interior and one detached accessory dwelling unit on a single residential lot."
132 (f) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in
133 new buildings, is amended by adding: "When required by the fire code official, unless the new
134 building is a public school as the term is defined in Section 53G-9-205.1 or a private school,
135 then the fire code official shall require," at the beginning of the first paragraph.
136 (2) For IFC, Chapter 6, Building Services and Systems:
137 (a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
138 follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key box or
139 similar box with corresponding key system that is adjacent to the elevator for immediate use by
140 the fire department. The key box shall contain one key for each elevator, one key for lobby
141 control, and any other keys necessary for emergency service. The elevator key box shall be
142 accessed using a 6049 numbered key."
143 (b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
144 the word "Code", add the words "and NFPA 96".
145 (c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
146 hood is not required for a cooking appliance in a microenterprise home kitchen, as that term is
147 defined in Utah Code, Section 26B-7-401, for which the operator obtains a permit in
148 accordance with Utah Code, Title 26, Chapter 15c, Microenterprise Home Kitchen Act."
149 (3) For IFC, Chapter 7, Fire and Smoke Protection Features, IFC, Chapter 7, Section
150 705.2, is amended to add the following: "Exception: In Group E Occupancies, where the
151 corridor serves an occupant load greater than 30 and the building does not have an automatic
152 fire sprinkler system installed, the door closers may be of the friction hold-open type on
153 classrooms' doors with a rating of 20 minutes or less only."
154 Section 2. Section 15A-5-205.5 is amended to read:
155 15A-5-205.5. Amendments to Chapters 11 and 12 of IFC.
156 (1) For IFC, Chapter 11, Construction Requirements for Existing Buildings:
157 (a) IFC, Chapter 11, Section 1103.2, Emergency Responder Communication Coverage
158 in Existing Buildings, is amended as follows: On line two after the title, the following is added:
159 "When required by the fire code official, unless the existing building is a public school as the
160 term is defined in Section 53G-9-205.1 or a private school, then the fire code official shall
161 require,".
162 (b) IFC, Chapter 11, Section 1103.5.1, Group A-2, is deleted and replaced with the
163 following:
164 "1103.5.1 Group A-2. An automatic fire sprinkler system shall be provided throughout
165 existing Group A-2 occupancies where indoor pyrotechnics are used."
166 (c) IFC, Chapter 11, Section 1103.6, Standpipes, is deleted.
167 (d) IFC, Chapter 11, 1103.7, Fire Alarm Systems, is deleted and rewritten as follows:
168 "1103.7, Fire Alarm Systems. The following shall have an approved fire alarm system installed
169 in accordance with Utah Administrative Code, R710-4, Buildings Under the Jurisdiction of the
170 Utah Fire Prevention Board:
171 1. a building with an occupant load of 300 or more persons that is owned or operated
172 by the state;
173 2. a building with an occupant load of 300 or more persons that is owned or operated
174 by an institution of higher education; and
175 3. a building with an occupant load of 50 or more persons that is owned or operated by
176 a school district, private school, or charter school.
177 Exception: the requirements of this section do not apply to a building designated as an
178 Institutional Group I (as defined in IFC 202) occupancy."
179 (e) IFC, Chapter 11, 1103.7.1 Group E, 1103.7.2 Group I-1, 1103.7.3 Group I-2,
180 1103.7.4 Group I-3, 1103.7.5 Group R-1, 1103.7.5.1 Group R-1 hotel and motel manual fire
181 alarm system, 1103.7.5.1.1 Group R-1 hotel and motel automatic smoke detection system,
182 1103.7.5.2 Group R-1 boarding and rooming houses manual fire alarm system, 1103.7.5.2.1
183 Group R-1 boarding and rooming houses automatic smoke detection system, 1103.7.6 Group
184 R-2 are deleted.
185 (f) IFC, Chapter 11, Section 1103.5.4, High-rise buildings, is amended as follows: On
186 line two, delete "not been adopted" and replace with "been adopted."
187 (g) IFC, Chapter 11, Section 1103.9, Carbon monoxide alarms, is deleted and rewritten
188 as follows:
189 "1103.9 Carbon Monoxide Detection.
190 Existing Groups E, I-1, I-2, I-4, and R occupancies shall be equipped with carbon
191 monoxide detection in accordance with Section 915."
192 (2) For IFC, Chapter 12, Energy Systems:
193 (a) Delete the section title "1205.2.1 Solar photovoltaic systems for Group R-3
194 buildings" and replace with the section title "1205.2.1 Solar photovoltaic systems for Group
195 R-3 and buildings constructed in accordance with IRC."
196 (b) Section 1205.2.1, Solar photovoltaic systems for Group R-3 buildings, Exception 1
197 is deleted, Exception 2 is renumbered to 1 and a second exception is added as follows: "2.
198 Reduction in pathways and clear access width are permitted where a rational approach has been
199 used and the reduction is warranted and approved by the Fire Code Official."
200 (c) Section 1205.3.1 Perimeter pathways, and 1205.3.2 Interior pathways, are deleted
201 and rewritten as follows: "1204.3.1 Perimeter pathways. There shall be a minimum three foot
202 wide (914 mm) clear perimeter around the edges of the roof. The solar installation shall be
203 designed to provide designated pathways. The pathways shall meet the following requirements:
204 1. The pathway shall be over areas capable of supporting the live load of fire fighters
205 accessing the roof.
206 2. The centerline axis pathways shall be provided in both axes of the roof. Centerline
207 axis pathways shall run where the roof structure is capable of supporting the live load of fire
208 fighters accessing the roof.
209 3. Smoke and heat vents required by Section 910.2.1 or 910.2.2 shall be provided with
210 a clear pathway width of not less than three feet (914 mm) to the vents.
211 4. Access to roof area required by Section 504.3 or 1011.12 shall be provided with a
212 clear pathway width of not less than three feet (914 mm) around access opening and at least
213 three feet (914 mm) clear pathway to parapet or roof edge."
214 (d) Section 1205.3.3, Smoke ventilation, is deleted and rewritten as follows: "1205.3.2,
215 Smoke ventilation. The solar installation shall be designed to meet the following requirements:
216 1. Arrays shall be no greater than 150 feet (45720 mm) by 150 feet (45720 mm) in
217 distance in either axis in order to create opportunities for fire department smoke ventilation
218 operations.
219 2. Smoke ventilation options between array sections shall be one of the following:
220 2.1 A pathway six feet (1829 mm) or greater in width.
221 2.2 A pathway three feet (914 mm) or greater in width and bordering roof skylights or
222 smoke and heat vents when required by Section 910.2.1 or Section 910.2.2.
223 2.3 Smoke and heat vents designed for remote operation using devices that can be
224 connected to the vent by mechanical, electrical, or any other suitable means, protected as
225 necessary to remain operable for the design period. Controls for remote operation shall be
226 located in a control panel, clearly identified and located in an approved location.
227 3. Where gravity-operated dropout smoke and heat vents occur, a pathway three feet
228 (914 mm) or greater in width on not fewer than one side."
229 Section 3. Section 17-22-2 is amended to read:
230 17-22-2. Sheriff -- General duties.
231 (1) The sheriff shall:
232 (a) preserve the peace;
233 (b) make all lawful arrests;
234 (c) attend in person or by deputy the Supreme Court and the Court of Appeals when
235 required or when the court is held within his county, all courts of record, and court
236 commissioner and referee sessions held within his county, obey their lawful orders and
237 directions, and comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
238 Administration;
239 (d) upon request of the juvenile court, aid the court in maintaining order during
240 hearings and transport a minor to and from youth corrections facilities, other institutions, or
241 other designated places;
242 (e) attend county justice courts if the judge finds that the matter before the court
243 requires the sheriff's attendance for security, transportation, and escort of jail prisoners in his
244 custody, or for the custody of jurors;
245 (f) command the aid of as many inhabitants of [
246 sheriff considers necessary in the execution of these duties;
247 (g) take charge of and keep the county jail and the jail prisoners;
248 (h) receive and safely keep all persons committed to [
249 preserve the commitments of those persons in custody, and record the name, age, place of birth,
250 and description of each person committed;
251 (i) release on the record all attachments of real property when the attachment [
252 sheriff receives has been released or discharged;
253 (j) endorse on all process and notices the year, month, day, hour, and minute of
254 reception, and, upon payment of fees, issue a certificate to the person delivering process or
255 notice showing the names of the parties, title of paper, and the time of receipt;
256 (k) serve all process and notices as prescribed by law;
257 (l) if [
258 notices the manner, time, and place of service, or, if [
259 certify the reason upon the process or notice, and return them without delay;
260 (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
261 land within his county;
262 (n) perform as required by any contracts between the county and private contractors for
263 management, maintenance, operation, and construction of county jails entered into under the
264 authority of Section 17-53-311;
265 (o) for the sheriff of a county of the second through sixth class that enters into an
266 interlocal agreement for law enforcement service under Title 11, Chapter 13, Interlocal
267 Cooperation Act, provide law enforcement service as provided in the interlocal agreement;
268 (p) manage search and rescue services in his county;
269 (q) obtain saliva DNA specimens as required under Section 53-10-404;
270 (r) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
271 detention, or search of any person when the action is solely motivated by considerations of
272 race, color, ethnicity, age, or gender;
273 (s) as applicable, select a representative of law enforcement to serve as a member of a
274 child protection team, as defined in Section 80-1-102;
275 (t) appoint a county security chief in accordance with Section 53-22-103 and ensure the
276 county security chief fulfills the county security chief's duties; and
277 [
278 (2) Violation of Subsection (1)(j) is a class C misdemeanor. Violation of any other
279 subsection under Subsection (1) is a class A misdemeanor.
280 (3) (a) As used in this Subsection (3):
281 (i) "Police interlocal entity" has the same meaning as defined in Sections 17-30-3 and
282 17-30a-102.
283 (ii) "Police special district" means the same as that term is defined in Section 17-30-3.
284 (b) Except as provided in Subsections (3)(c) and 11-13-202(4), a sheriff in a county
285 which includes within its boundary a police special district or police interlocal entity, or both:
286 (i) serves as the chief executive officer of each police special district and police
287 interlocal entity within the county with respect to the provision of law enforcement service
288 within the boundary of the police special district or police interlocal entity, respectively; and
289 (ii) is subject to the direction of the police special district board of trustees or police
290 interlocal entity governing body, as the case may be, as and to the extent provided by
291 agreement between the police special district or police interlocal entity, respectively, and the
292 sheriff.
293 (c) Notwithstanding Subsection (3)(b), and except as provided in Subsection
294 11-13-202(4), if a police interlocal entity or police special district enters an interlocal
295 agreement with a public agency, as defined in Section 11-13-103, for the provision of law
296 enforcement service, the sheriff:
297 (i) does not serve as the chief executive officer of any interlocal entity created under
298 that interlocal agreement, unless the agreement provides for the sheriff to serve as the chief
299 executive officer; and
300 (ii) shall provide law enforcement service under that interlocal agreement as provided
301 in the agreement.
302 Section 4. Section 53-10-302 is amended to read:
303 53-10-302. Bureau duties.
304 The bureau shall:
305 (1) provide assistance and investigative resources to divisions within the Department of
306 Public Safety;
307 (2) upon request, provide assistance and specialized law enforcement services to local
308 law enforcement agencies;
309 (3) conduct financial investigations regarding suspicious cash transactions, fraud, and
310 money laundering;
311 (4) investigate criminal activity of organized crime networks, gangs, extremist groups,
312 and others promoting violence;
313 (5) investigate criminal activity of terrorist groups;
314 (6) enforce the Utah Criminal Code;
315 (7) cooperate and exchange information with other state agencies and with other law
316 enforcement agencies of government, both within and outside of this state, through a statewide
317 information and intelligence center to obtain information that may achieve more effective
318 results in the prevention, detection, and control of crime and apprehension of criminals
319 including systems described in Subsections 53E-3-518, 53B-17-1202, and 63H-7a-103(14);
320 (8) create and maintain a statewide criminal intelligence system;
321 (9) provide specialized case support and investigate illegal drug production,
322 cultivation, and sales;
323 (10) investigate, follow-up, and assist in highway drug interdiction cases;
324 (11) make rules to implement this chapter;
325 (12) perform the functions specified in Part 2, Bureau of Criminal Identification;
326 (13) provide a state cybercrime unit to investigate computer and network intrusion
327 matters involving state-owned computer equipment and computer networks as reported under
328 Section 76-6-705;
329 (14) investigate violations of Section 76-6-703 and other computer related crimes
330 including:
331 (a) computer network intrusions;
332 (b) denial of services attacks;
333 (c) computer related theft or fraud;
334 (d) intellectual property violations; and
335 (e) electronic threats; and
336 (15) upon request, investigate the following offenses when alleged to have been
337 committed by an individual who is currently or has been previously elected, appointed, or
338 employed by a governmental entity:
339 (a) criminal offenses; and
340 (b) matters of public corruption.
341 (16) (a) The bureau is not prohibited from investigating crimes not specifically referred
342 to in this section; and
343 (b) other agencies are not prohibited from investigating crimes referred to in this
344 section.
345 Section 5. Section 53-22-101 is amended to read:
346 53-22-101. School Security Act -- Definitions.
347 As used in this chapter:
348 (1) "County security chief" means the individual whom a county sheriff appoints in
349 accordance with Section 53-22-103 to oversee school safety.
350 (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
351 (3) "School" means an elementary school or a secondary school that:
352 (a) is a public or private school; and
353 (b) provides instruction for one or more of the grades of kindergarten through grade 12.
354 (4) "School is in session" means the same as the term is defined in Section 53E-3-516.
355 [
356
357 Section 53G-8-701.
358 [
359 under Section 53-22-102.
360 (7) "Local education agency" means the same as that term is defined in Section
361 53E-1-102.
362 Section 6. Section 53-22-102 is amended to read:
363 53-22-102. State security chief -- Creation -- Appointment.
364 (1) There is created within the department a state security chief.
365 (2) The state security chief:
366 (a) is appointed by the commissioner with the approval of the governor;
367 (b) is subject to the supervision and control of the commissioner;
368 (c) may be removed at the will of the commissioner;
369 (d) shall be qualified by experience and education to:
370 (i) enforce the laws of this state relating to school safety;
371 (ii) perform duties prescribed by the commissioner; and
372 (iii) enforce rules made under this chapter.
373 [
374
375
376 (3) The state security chief shall:
377 (a) oversee the school guardian program described in Section 53-22-105, including
378 approving and coordinating the relevant training programs;
379 (b) examine plans and specifications for school buildings, in accordance with Section
380 53E-3-706;
381 (c) coordinate with the State Board of Education to establish the required minimum
382 safety and security standards for all public and private school facilities including:
383 (i) single entry point;
384 (ii) video surveillance of entrances when school is in session;
385 (iii) ground level windows protected by security film or ballistic windows;
386 (iv) internal classroom door locks;
387 (v) bleed kits and first aid kits;
388 (vi) exterior cameras on entrances, parking areas, and campus grounds; and
389 (vii) fencing around playgrounds;
390 (d) ensure that each school complies with the building safety evaluation and safety
391 personnel requirements of Section 53G-8-701.5;
392 (e) determine the mental health crisis intervention training as described in Section
393 53G-8-701.7;
394 (f) select training requirements for school safety and security specialists in consultation
395 with the state board of education as described in Section 53G-8-701.6;
396 (g) as required by Section 53G-8-701.8, track each school safety and security director
397 for a local education agency or private school and ensure that the contact information for the
398 school safety and security directors is readily available to law enforcement;
399 (h) review and approve the State Board of Education's school resource officer training
400 program as described in Section 53G-8-702;
401 (i) as required by Section 53G-8-704, track schools that contract with contract security
402 companies to provide armed school security guards at the school and ensure that the contact
403 information for those companies is readily available to law enforcement;
404 (j) approve safety and security criteria the state superintendent of public instruction
405 establishes for building inspectors;
406 (k) consult with the State Board of Education to develop or establish the model critical
407 incident response that all schools and law enforcement will use during a threat including:
408 (i) protocols for conducting a building safety evaluation including building security
409 during an incident, as required in Section 53G-8-701.5;
410 (ii) standardized response protocol terminology for use throughout the state, including
411 what constitutes a threat;
412 (iii) protocols for planning and safety drills;
413 (iv) integration and appropriate use of a panic alert device described in Subsection
414 53G-8-805;
415 (v) the establishment of an incident command for a threat or safety incident;
416 (vi) the required components for a communication plan to be followed during an
417 incident or threat;
418 (vii) reunification plan protocols including the appropriate design and use of an
419 incident command; and
420 (viii) recommendations for safety equipment for schools including amounts and types
421 of first aid supplies;
422 (l) review and suggest any changes to the response plans and training under Section
423 53G-8-803;
424 (m) create minimum standards for radio communication equipment in every school;
425 (n) create the official standard response protocol described in Section 53G-8-803 for
426 use by schools and law enforcement for school safety incidents;
427 (o) establish a manner for any security personnel described in Section 53G-8-701.5 by
428 law enforcement; and
429 (p) fulfill any other duties and responsibilities determined by the commissioner.
430 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act the
431 department in consultation with the state security chief shall make rules to fulfill the duties
432 described in Subsection .
433 Section 7. Section 53-22-103 is amended to read:
434 53-22-103. County sheriff responsibilities -- Coordination.
435 (1) Each county sheriff shall identify an individual as a county security chief within the
436 sheriff's office.
437 (2) The county security chief shall:
438 (a) [
439 sheriff's office, and the corresponding police chiefs whose jurisdiction includes a public school
440 within the county[
441 (b) assist in the creation of the building safety evaluation described in Section
442 53G-8-701.5;
443 (c) collaborate and maintain effective communications regarding school safety with
444 each:
445 (i) school safety and security specialist in the county security chief's county, as
446 described in Section 53G-8-701.6;
447 (ii) school safety and security director in the county security chief's county, as
448 described in Section 53G-8-701.8; and
449 (iii) local law enforcement agency within the county.
450 (d) administer the trainings described in Sections 53-22-105, 53G-8-701.7, and
451 53G-8-704;
452 (e) ensure school safety standards as described in Section 53E-3-706; and
453 (f) in conjunction with the state security chief, administer the school guardian program
454 established in Section 53-22-105 at any school participating in the program in the county
455 security chief's county.
456 Section 8. Section 53-22-105 is enacted to read:
457 53-22-105. School Guardian Program.
458 (1) As used in this section:
459 (a) "Annual training" means and annual four-hour training that:
460 (i) a county security chief administers;
461 (ii) the state security chief approves; and
462 (iii) allows an individual to practice and demonstrate firearms proficiency at a firearms
463 range using the firearm the individual carries for self defense and defense of others.
464 (b) "Biannual training" means a twice-yearly four-hour training that:
465 (i) a county security chief administers;
466 (ii) the state security chief approves; and
467 (iii) through which a school guardian at the school guardian's school of employment:
468 (A) receives training on the specifics of the building or buildings of the school,
469 including the location of emergency supplies and security infrastructure; and
470 (B) participates in a live-action practice plan with school administrators in responding
471 to active threats at the school.
472 (c) "Initial training" means an in-person training that:
473 (i) a county security chief administers;
474 (ii) the state security chief approves; and
475 (iii) provides:
476 (A) training on general familiarity with the types of firearms that can be concealed for
477 self-defense and defense of others;
478 (B) training on the safe loading, unloading, storage, and carrying of firearms in a
479 school setting;
480 (C) training at a firearms range with instruction regarding firearms fundamentals,
481 marksmanship, the demonstration and explanation of the difference between sight picture, sight
482 alignment, and trigger control, and a recognized pistol course;
483 (D) current laws dealing with the lawful use of a firearm by a private citizen, including
484 laws on self-defense, defense of others, transportation of firearms, and concealment of
485 firearms;
486 (E) coordination with law enforcement officers in the event of an active threat;
487 (F) basic trauma first aid;
488 (G) the appropriate use of force, emphasizing the de-escalation of force and
489 alternatives to using force;
490 (H) situational response evaluations, including:
491 (I) protecting and securing a crime or accident scene;
492 (II) notifying law enforcement; and
493 (III) controlling information; and
494 (I) any additional training that the county sheriff or department deems appropriate.
495 (d) "Program" means the school guardian program created in this section.
496 (e) (i) "School employee" means an employee of a school whose duties and
497 responsibilities require the employee to be physically present at a school's campus while school
498 is in session.
499 (ii) "School employee" does not include a principal, teacher, or individual whose
500 primary responsibilities require the employee to be primarily present in a classroom to teach,
501 care for, or interact with students.
502 (f) "School guardian" means an individual who meets the requirements of Subsection
503 (3).
504 (2) (a) (i) There is created within the department the school guardian program;
505 (ii) the state security chief shall oversee the school guardian program;
506 (iii) the applicable county security chief shall administer the school guardian program
507 in each county.
508 (b) The state security chief shall ensure that the school guardian program includes:
509 (i) initial training;
510 (ii) biannual training; and
511 (iii) annual training.
512 (c) A county sheriff may partner or contract with another county sheriff to support the
513 respective county security chiefs in joint administering the school guardian program in the
514 relevant counties.
515 (3) (a) A school employee is eligible to join the program as a school guardian if:
516 (i) the school that employs the employee to be a school guardian;
517 (ii) the school employee satisfactorily completes initial training within six months
518 before the day on which the school employee joins the program;
519 (iii) the school employee holds a valid concealed carry permit issued under Title 53,
520 Chapter 5, Part 7, Concealed Firearm Act;
521 (iv) the school employee certifies to the sheriff of the county where school employee is
522 employed that the school employee has undergone the training in accordance with Subsection
523 (3)(a)(ii) and intends to serve as a school guardian; and
524 (v) completes a mental health screening selected by the state security chief in
525 collaboration with the Office of Substance Abuse and Mental Health.
526 (b) After joining the program a school guardian shall complete annual training and
527 biannual training to retain the school guardian's active status in the program.
528 (4) The state security chief shall:
529 (a) for each school that participates in the program, track each school guardian at the
530 school by collecting the photograph and the name and contact information for each guardian;
531 (b) make the information described in Subsection (4)(a) readily available to each law
532 enforcement agency in the state categorized by school; and
533 (c) provide each school guardian with a one time stipend of $500.
534 (5) A school guardian:
535 (a) may store the school guardian's firearm on the grounds of a school only if:
536 (i) the firearm is stored in a biometric gun-safe;
537 (ii) the biometric gun-safe is located in the school guardian's office; and
538 (iii) the school guardian is physically present on the grounds of the school while the
539 firearm is stored in the safe;
540 (b) shall carry the school guardian's firearm in a concealed manner; and
541 (c) ) may not, unless during an active threat, display or open carry a firearm while on
542 school grounds.
543 (6) Except as provided in Subsection (5)(c), this section does not prohibit an individual
544 who has a valid concealed carry permit but is not participating in the program from carrying a
545 firearm on the grounds of a public school or charter school under Subsection 76-10-505.5(4).
546 (7) A school guardian:
547 (a) does not have authority to act in a law enforcement capacity; and
548 (b) may, at the school where the school guardian is employed:
549 (i) take actions necessary to prevent or abate an active threat; and
550 (ii) temporarily detain an individual when the school guardian has reasonable cause to
551 believe the individual has committed or is about to commit a forcible felony, as that term is
552 defined in Section 76-2-402.
553 (8) A school may designate a single employee or multiple employees to participate in
554 the school guardian program to satisfy the requirements of Section 53G-8-701.5.
555 (9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative
556 Rulemaking Act, rules to administer this section.
557 Section 9. Section 53-22-106 is enacted to read:
558 53-22-106. Threats against a school reporting requirements -- Exceptions.
559 (1) Except as provided in Subsection (3), if a state employee or person in a position of
560 special trust as defined in Section 76-5-404.1, including an individual licensed under Title 58,
561 Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has
562 reason to believe that a threat against a school, school employee, or student attending a school
563 or is aware of circumstances that would reasonably result in a threat against a school, school
564 employee, or student attending a school, the state employee or person in a position of special
565 trust shall immediately report the suspected threat to:
566 (a) the state security chief;
567 (b) the local education agency that the threat would impact; or
568 (c) to the nearest peace officer or law enforcement agency.
569 (2) (a) (i) If a peace officer or law enforcement agency receives a report under
570 Subsection (1), the peace officer or law enforcement agency shall immediately notify the local
571 education agency that the threat would impact.
572 (ii) If the local education agency that the threat would impact receives a report under
573 Subsection (1), the local education agency that the threat would impact shall immediately
574 notify the appropriate local law enforcement agency and the state security chief.
575 (b) (i) A local education agency that the threat would impact shall coordinate with the
576 law enforcement agency on the law enforcement agency's investigation of the report described
577 in Subsection (1).
578 (ii) If a law enforcement agency undertakes an investigation of a report under
579 Subsection (1), the law enforcement agency shall provide a final investigatory report to the
580 local education agency that the threat would impact upon request.
581 (3) Subject to Subsection (4), the reporting requirement described in Subsection (1)
582 does not apply to:
583 (a) a member of the clergy with regard to any confession an individual makes to the
584 member of the clergy while functioning in the ministerial capacity of the member of the clergy
585 if:
586 (i) the individual made the confession directly to the member of the clergy; and
587 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
588 to maintain the confidentiality of the confession; and
589 (iii) the member of the clergy does not have the consent of the individual making the
590 confession to disclose the content of the confession; or
591 (b) an attorney, or an individual whom the attorney employs, if:
592 (i) the knowledge or belief of the threat arises from the representation of a client; and
593 (ii) if disclosure of the threat would not reveal the threat to prevent reasonably certain
594 death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule
595 1.6.
596 (4) (a) When a member of the clergy receives information about the threat from any
597 source other than confession a confession, the member of the clergy shall report the
598 information even if the member of the clergy also received information about the threat from
599 the confession of the perpetrator.
600 (b) Exemption of the reporting requirement for an individual described in Subsection
601 (3) does not exempt the individual from any other actions required by law to prevent further
602 threats or actual harm related to the threat.
603 (5) The physician-patient privilege does not:
604 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
605 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting
606 under this section; or
607 (b) constitute grounds for excluding evidence in a judicial or administrative proceeding
608 resulting from a report under this section.
609 Section 10. Section 53B-17-1202 is amended to read:
610 53B-17-1202. SafeUT Crisis Line established.
611 The University Neuropsychiatric Institute shall:
612 (1) establish a SafeUT Crisis Line to provide:
613 (a) a means for an individual to anonymously report:
614 (i) unsafe, violent, or criminal activities, or the threat of such activities at or near a
615 public school;
616 (ii) incidents of bullying, cyber-bullying, harassment, or hazing; and
617 (iii) incidents of physical or sexual abuse committed by a school employee or school
618 volunteer; and
619 (b) crisis intervention, including suicide prevention, to individuals experiencing
620 emotional distress or psychiatric crisis;
621 (2) provide the services described in Subsection (1) 24 hours a day, seven days a week;
622 [
623 (3) when necessary, or as required by law, promptly forward a report received under
624 Subsection (1)(a) to appropriate:
625 (a) school officials; and
626 (b) law enforcement officials[
627 (4) in accordance with Subsection (5), report the services described in Subsection (1)
628 to the state bureau of investigation's systems described in Subsections 53-10-302(7) and (8);
629 and
630 (5) coordinate with the state security chief to determine the appropriate circumstances
631 necessitating a report described in Subsection (4).
632 Section 11. Section 53B-17-1204 is amended to read:
633 53B-17-1204. SafeUT and School Safety Commission duties -- LEA governing
634 board duties -- Fees.
635 (1) As used in this section:
636 (a) "LEA governing board" means:
637 (i) for a school district, the local school board;
638 (ii) for a charter school, the charter school governing board; or
639 (iii) for the Utah Schools for the Deaf and the Blind, the State Board of Education.
640 (b) "Local education agency" or "LEA" means:
641 (i) a school district;
642 (ii) a charter school; or
643 (iii) the Utah Schools for the Deaf and the Blind.
644 (2) The commission shall coordinate:
645 (a) statewide efforts related to the SafeUT Crisis Line; [
646 (b) with the State Board of Education and the board to promote awareness of the
647 services available through the SafeUT Crisis Line[
648 (c) with the state security chief appointed under Section 53-22-102 to ensure
649 appropriate reporting described in Subsections 53B-17-1202(4) and (5).
650 (3) An LEA governing board shall inform students, parents, and school personnel
651 about the SafeUT Crisis Line.
652 (4) (a) Except as provided in Subsection (4)(b), the University Neuropsychiatric
653 Institute may charge a fee to an institution of higher education or other entity for the use of the
654 SafeUT Crisis Line in accordance with the method described in Subsection (4)(c).
655 (b) The University Neuropsychiatric Institute may not charge a fee to the State Board
656 of Education or a local education agency for the use of the SafeUT Crisis Line.
657 (c) The commission shall establish a standard method for charging a fee described in
658 Subsection (4)(a).
659 Section 12. Section 53E-3-516 is amended to read:
660 53E-3-516. School disciplinary and law enforcement action report -- Rulemaking
661 authority.
662 (1) As used in this section:
663 (a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
664 (b) "Disciplinary action" means an action by a public school meant to formally
665 discipline a student of that public school that includes a suspension or expulsion.
666 (c) "Law enforcement agency" means the same as that term is defined in Section
667 77-7a-103.
668 (d) "Minor" means the same as that term is defined in Section 80-1-102.
669 (e) "Other law enforcement activity" means a significant law enforcement interaction
670 with a minor that does not result in an arrest, including:
671 (i) a search and seizure by [
672 (ii) issuance of a criminal citation;
673 (iii) issuance of a ticket or summons;
674 (iv) filing a delinquency petition; or
675 (v) referral to a probation officer.
676 (f) "School is in session" means the hours of a day during which a public school
677 conducts instruction for which student attendance is counted toward calculating average daily
678 membership.
679 (g) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
680 clinic, or other event or activity that is authorized by a specific public school, according to LEA
681 governing board policy, and satisfies at least one of the following conditions:
682 (A) the activity is managed or supervised by a school district, public school, or public
683 school employee;
684 (B) the activity uses the school district or public school facilities, equipment, or other
685 school resources; or
686 (C) the activity is supported or subsidized, more than inconsequentially, by public
687 funds, including the public school's activity funds or Minimum School Program dollars.
688 (ii) "School-sponsored activity" includes preparation for and involvement in a public
689 performance, contest, athletic competition, demonstration, display, or club activity.
690 (h) " School resource officer" [
691 Section 53G-8-701.
692 (2) Beginning on July 1, 2023, the state board shall develop an annual report regarding
693 the following incidents that occur on school grounds while school is in session or during a
694 school-sponsored activity:
695 (a) arrests of a minor;
696 (b) other law enforcement activities;
697 (c) disciplinary actions; and
698 (d) minors found in possession of a dangerous weapon.
699 (3) Pursuant to state and federal law, law enforcement agencies shall collaborate with
700 the state board and LEAs to provide and validate data and information necessary to complete
701 the report described in Subsection (2), as requested by an LEA or the state board.
702 (4) The report described in Subsection (2) shall include the following information
703 listed separately for each LEA:
704 (a) the number of arrests of a minor, including the reason why the minor was arrested;
705 (b) the number of other law enforcement activities, including the following information
706 for each incident:
707 (i) the reason for the other law enforcement activity; and
708 (ii) the type of other law enforcement activity used;
709 (c) the number of disciplinary actions imposed, including:
710 (i) the reason for the disciplinary action; and
711 (ii) the type of disciplinary action;
712 (d) the number of [
713 (e) if applicable, the demographics of an individual who is subject to, as the following
714 are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation; and
715 (f) the number of minors found in possession of a dangerous weapon on school
716 grounds while school is in session or during a school-sponsored activity.
717 (5) The report described in Subsection (2) shall include the following information, in
718 aggregate, for each element described in Subsections (4)(a) through (c):
719 (a) age;
720 (b) grade level;
721 (c) race;
722 (d) sex; and
723 (e) disability status.
724 (6) Information included in the annual report described in Subsection (2) shall comply
725 with:
726 (a) Chapter 9, Part 3, Student Data Protection;
727 (b) Chapter 9, Part 2, Student Privacy; and
728 (c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
729 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
730 state board shall make rules to compile the report described in Subsection (2).
731 (8) The state board shall provide the report described in Subsection (2):
732 (a) in accordance with Section 53E-1-203 for incidents that occurred during the
733 previous school year; and
734 (b) to the State Commission on Criminal and Juvenile Justice before July 1 of each
735 year for incidents that occurred during the previous school year.
736 Section 13. Section 53E-3-518 is amended to read:
737 53E-3-518. Utah school information management system -- Local education
738 agency requirements.
739 (1) As used in this section:
740 (a) "LEA data system" or "LEA's data system" means a data system that:
741 (i) is developed, selected, or relied upon by an LEA; and
742 (ii) the LEA uses to collect data or submit data to the state board related to:
743 (A) student information;
744 (B) educator information;
745 (C) financial information; or
746 (D) other information requested by the state board.
747 (b) "LEA financial information system" or "LEA's financial information system" means
748 an LEA data system used for financial information.
749 (c) "Parent" means the same as that term is defined in Section 53G-6-201.
750 (d) "Utah school information management system" or "information management
751 system" means the state board's data collection and reporting system described in this section.
752 (e) "User" means an individual who has authorized access to the information
753 management system.
754 (2) On or before July 1, 2024, the state board shall have in place an information
755 management system that meets the requirements described in this section.
756 (3) The state board shall ensure that the information management system:
757 (a) interfaces with:
758 (i) an LEA's data systems that meet the requirements described in Subsection (6);
759 (ii) where appropriate, the systems described in Subsections 53-10-302(7) and (8); and
760 (iii) the public safety portal described in Section 63A-16-2002; and
761 (b) serves as the mechanism for the state board to collect and report on all data that
762 LEAs submit to the state board related to:
763 (i) student information;
764 (ii) educator information;
765 (iii) financial information; and
766 (iv) other information requested by the state board;
767 (c) includes a web-based user interface through which a user may:
768 (i) enter data;
769 (ii) view data; and
770 (iii) generate customizable reports;
771 (d) includes a data warehouse and other hardware or software necessary to store or
772 process data submitted by an LEA;
773 (e) provides for data privacy, including by complying with Title 53E, Chapter 9,
774 Student Privacy and Data Protection;
775 (f) restricts user access based on each user's role; and
776 (g) meets requirements related to a student achievement backpack described in Section
777 53E-3-511.
778 (4) The state board shall establish the restrictions on user access described in
779 Subsection (3)(f).
780 (5) (a) The state board shall make rules that establish the required capabilities for an
781 LEA financial information system.
782 (b) In establishing the required capabilities for an LEA financial information system,
783 the state board shall consider metrics and capabilities requested by the state treasurer or state
784 auditor.
785 (6) (a) On or before July 1, 2024, an LEA shall ensure that:
786 (i) all of the LEA's data systems:
787 (A) meet the data standards established by the state board in accordance with Section
788 53E-3-501;
789 (B) are fully compatible with the state board's information management system; and
790 (C) meet specification standards determined by the state board; and
791 (ii) the LEA's financial information system meets the requirements described in
792 Subsection (5).
793 (b) An LEA shall ensure that an LEA data system purchased or developed on or after
794 May 14, 2019, will be compatible with the information management system when the
795 information management system is fully operational.
796 (7) (a) Subject to appropriations and Subsection (7)(b), the state board may use an
797 appropriation under this section to help an LEA meet the requirements in the rules described in
798 Subsection (5) by:
799 (i) providing to the LEA funding for implementation and sustainment of the LEA
800 financial information system, either through:
801 (A) awarding a grant to the LEA; or
802 (B) providing a reimbursement to the LEA; or
803 (ii) in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
804 financial information system on behalf of an LEA for the LEA to use as the LEA's financial
805 information system.
806 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
807 state board shall make rules describing:
808 (i) how an LEA may apply to the state board for the assistance described in Subsection
809 (7)(a); and
810 (ii) criteria for the state board to provide the assistance to an LEA.
811 (8) (a) Beginning July 1, 2024, the state board may take action against an LEA that is
812 out of compliance with a requirement described in Subsection (6) until the LEA complies with
813 the requirement.
814 (b) An action described in Subsection (8)(a) may include the state board withholding
815 funds from the LEA.
816 (9) (a) For purposes of this Subsection (9), "education record" means the same as that
817 term is defined in 20 U.S.C. Sec. 1232g.
818 (b) The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
819 Administrative Rulemaking Act, establish a procedure under which:
820 (i) a parent may submit information as part of the education records for the parent's
821 student;
822 (ii) the information submitted by the parent is maintained as part of the education
823 records for the parent's student;
824 (iii) information submitted by the parent and maintained as part of the education
825 records for the parent's student may be removed at the request of the parent; and
826 (iv) a parent has access only to the education records of the parent's student in
827 accordance with Subsection (9)(d).
828 (c) The rules made under this Subsection (9) shall allow a parent to submit or remove
829 information submitted by the parent under this Subsection (9) at least annually, including at the
830 time of:
831 (i) registering a student in a school; or
832 (ii) changing the school in which a student attends.
833 (d) Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
834 1232g, and related regulations, the state board shall provide a parent access to an education
835 record concerning the parent's student.
836 (e) The state board shall create in the information management system a record
837 tracking interoperability of education records described in this Subsection (9) when a student is
838 transitioning between schools or between LEAs.
839 Section 14. Section 53E-3-702 is amended to read:
840 53E-3-702. State board to adopt public school construction guidelines.
841 (1) As used in this section, "public school construction" means construction work on a
842 new public school.
843 (2) (a) The state board shall:
844 (i) adopt guidelines for public school construction; and
845 (ii) consult with the Division of Facilities Construction and Management
846 Administration and the state security chief appointed under Section 53-22-102 on proposed
847 guidelines before adoption.
848 (b) The state board shall ensure that guidelines adopted under Subsection (2)(a)(i)
849 maximize funds used for public school construction and reflect efficient and economic use of
850 those funds, including adopting guidelines that address a school's safety and a school's essential
851 needs rather than encouraging or endorsing excessive costs per square foot of construction or
852 nonessential facilities, design, or furnishings.
853 (3) Before a school district or charter school may begin public school construction, the
854 school district or charter school shall:
855 (a) review the guidelines adopted by the state board under this section; and
856 (b) take into consideration the guidelines when planning the public school
857 construction.
858 (4) In adopting the guidelines for public school construction, the state board shall
859 consider the following and adopt alternative guidelines as needed:
860 (a) location factors, including whether the school is in a rural or urban setting, and
861 climate factors;
862 (b) variations in guidelines for significant or minimal projected student population
863 growth;
864 (c) guidelines specific to schools that serve various populations and grades, including
865 high schools, junior high schools, middle schools, elementary schools, alternative schools, and
866 schools for people with disabilities; and
867 (d) year-round use.
868 (5) The guidelines shall address the following:
869 (a) square footage per student;
870 (b) minimum and maximum required real property for a public school;
871 (c) athletic facilities and fields, playgrounds, and hard surface play areas;
872 (d) necessary specifications to meet the safety standards created by the state security
873 chief in Section 53E-3-706;
874 [
875 [
876 [
877 [
878 [
879 [
880 [
881 Section 15. Section 53E-3-706 is amended to read:
882 53E-3-706. Enforcement of part by state superintendent -- Employment of
883 personnel -- School districts and charter schools -- Certificate of inspection verification.
884 (1) Notwithstanding Subsection (4), (5) and (6), [
885 enforce this part.
886 (2) The state superintendent may employ architects or other qualified personnel, or
887 contract with the Division of Facilities Construction and Management, the state fire marshal,
888 the state security chief appointed under Section 53-22-102, or a local governmental entity to:
889 (a) examine the plans and specifications of any school building or alteration submitted
890 under this part;
891 (b) verify the inspection of any school building during or following construction; and
892 (c) perform other functions necessary to ensure compliance with this part.
893 (3) (a) [
894 Subsection 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and issues its own certificate authorizing
895 permanent occupancy of the school building, the local school board shall file a certificate of
896 inspection verification with the local governmental entity's building official and the state board,
897 advising those entities that the school district has complied with the inspection provisions of
898 this part.
899 [
900 10-9a-305(6)(a)(ii) or 17-27a-305(6)(a)(ii) and the school district issues to the charter school a
901 certificate authorizing permanent occupancy of the school building, the charter school shall file
902 with the state board a certificate of inspection verification.
903 [
904 building inspector under Subsection 10-9a-305(6)(a)(i) or 17-27a-305(6)(a)(i) and the local
905 governmental entity issues the local school board or charter school a certificate authorizing
906 permanent occupancy of the school building, the local school board or charter school shall file
907 with the state board a certificate of inspection verification.
908 [
909 certified building inspector under Subsection 10-9a-305(6)(a)(iii) or 17-27a-305(6)(a)(iii), the
910 local school board or charter school shall, upon completion of all required inspections of the
911 school building, file with the state board a certificate of inspection verification and a request
912 for the issuance of a certificate authorizing permanent occupancy of the school building.
913 [
914 request as provided in Subsection [
915 shall be entitled to temporary occupancy of the school building that is the subject of the request
916 for a period of 90 days, beginning the date the request is filed, if the school district or charter
917 school has complied with all applicable fire and life safety code requirements.
918 [
919 under Subsection [
920 the school building, the state superintendent shall:
921 [
922 authorizing permanent occupancy of the school building; or
923 [
924 deficiencies in the school district's or charter school's compliance with the inspection
925 provisions of this part; and
926 [
927 of deficiency to the building official of the local governmental entity in which the school
928 building is located.
929 [
930 indicated in the notice under Subsection [
931 state superintendent that the deficiencies have been remedied, the state superintendent shall
932 issue a certificate authorizing permanent occupancy of the school building and mail a copy of
933 the certificate to the building official of the local governmental entity in which the school
934 building is located.
935 [
936 school a fee for an inspection that the state superintendent considers necessary to enable the
937 state superintendent to issue a certificate authorizing permanent occupancy of the school
938 building.
939 [
940 actual cost of performing the inspection.
941 [
942 (i) "local governmental entity" means either a municipality, for a school building
943 located within a municipality, or a county, for a school building located within an
944 unincorporated area in the county; and
945 (ii) "certificate of inspection verification" means a standard inspection form developed
946 by the state superintendent in consultation with local school boards and charter schools to
947 verify that inspections by qualified inspectors have occurred.
948 (4) The state security chief appointed under Section 53-22-102 shall establish
949 minimum safety and security standards for school construction and design projects.
950 (5) The county security chief appointed under Section 53-22-103 shall ensure a local
951 school district or charter school shall adhere to all safety and security standards for a school
952 construction or design project the state security chief creates.
953 (6) A building inspector described in this part shall coordinate with the relevant county
954 security chief to ensure compliance described in Subsection (5) before issuing a issuance of a
955 certificate authorizing permanent occupancy for a school.
956 Section 16. Section 53F-4-207 is amended to read:
957 53F-4-207. Student intervention early warning program.
958 (1) As used in this section:
959 (a) "Digital program" means a program that provides information for student early
960 intervention as described in this section.
961 (b) "Online data reporting tool" means a system described in Section 53E-4-311.
962 [
963
964 (2) (a) The state board shall, subject to legislative appropriations:
965 (i) subject to Subsection (2)(c), enhance the online data reporting tool and provide
966 additional formative actionable data on student outcomes; and
967 (ii) select through a competitive contract process a provider to provide to an LEA a
968 digital program as described in this section.
969 (b) Information collected or used by the state board for purposes of enhancing the
970 online data reporting tool in accordance with this section may not identify a student
971 individually.
972 (c) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
973 Administrative Rulemaking Act, to define the primary exceptionalities described in Subsection
974 (3)(e)(ii).
975 (3) The enhancement to the online data reporting tool and the digital program shall:
976 (a) be designed with a user-appropriate interface for use by teachers, school
977 administrators, and parents;
978 (b) provide reports on a student's results at the student level on:
979 (i) a national assessment;
980 (ii) a local assessment; and
981 (iii) a standards assessment described in Section 53E-4-303;
982 (c) have the ability to provide data from aggregate student reports based on a student's:
983 (i) teacher;
984 (ii) school;
985 (iii) school district, if applicable; or
986 (iv) ethnicity;
987 (d) provide a viewer with the ability to view the data described in Subsection (2)(c) on
988 a single computer screen;
989 (e) have the ability to compare the performance of students, for each teacher, based on
990 a student's:
991 (i) gender;
992 (ii) special needs, including primary exceptionality as defined by state board rule;
993 (iii) English proficiency;
994 (iv) economic status;
995 (v) migrant status;
996 (vi) ethnicity;
997 (vii) response to tiered intervention;
998 (viii) response to tiered intervention enrollment date;
999 (ix) absence rate;
1000 (x) feeder school;
1001 (xi) type of school, including primary or secondary, public or private, Title I, or other
1002 general school-type category;
1003 (xii) course failures; and
1004 (xiii) other criteria, as determined by the state board; and
1005 (f) have the ability to load data from a local, national, or other assessment in the data's
1006 original format within a reasonable time.
1007 (4) Subject to legislative appropriations, the online data reporting tool and digital
1008 program shall:
1009 (a) integrate criteria for early warning indicators, including the following criteria:
1010 (i) discipline including school safety violations;
1011 (ii) attendance;
1012 (iii) behavior;
1013 (iv) course failures; and
1014 (v) other criteria as determined by a local school board or charter school governing
1015 board;
1016 (b) provide a teacher or administrator the ability to view the early warning indicators
1017 described in Subsection (4)(a) with a student's assessment results described in Subsection
1018 (3)(b);
1019 (c) provide data on response to intervention using existing assessments or measures
1020 that are manually added, including assessment and nonacademic measures;
1021 (d) provide a user the ability to share interventions within a reporting environment and
1022 add comments to inform other teachers, administrators, and parents;
1023 (e) save and share reports among different teachers and school administrators, subject
1024 to the student population information a teacher or administrator has the rights to access;
1025 (f) automatically flag a student profile when early warning thresholds, that the state
1026 board defines, are met so that a teacher can easily identify a student who may be in need of
1027 intervention;
1028 (g) incorporate a variety of algorithms to support student learning outcomes and
1029 provide student growth reporting by teacher;
1030 (h) integrate response to intervention tiers and activities as filters for the reporting of
1031 individual student data and aggregated data, including by ethnicity, school, or teacher;
1032 (i) have the ability to generate parent communication to alert the parent of [
1033 plans or interventions; and
1034 (j) configure alerts based upon student academic results, including a student's
1035 performance on the previous year's standards assessment described in Section 53E-4-303 or
1036 results to appropriate behavior interventions.
1037 (5) (a) [
1038
1039 through a provider described in Subsection (2)(a)(ii).
1040 (b) An LEA [
1041 (i) pay for 50% of the cost of providing access to the digital program to the LEA; and
1042 (ii) no later than one school year after accessing a digital program, report to the state
1043 board in a format required by the state board on:
1044 (A) the effectiveness of the digital program;
1045 (B) positive and negative attributes of the digital program;
1046 (C) recommendations for improving the online data reporting tool; and
1047 (D) any other information regarding a digital program requested by the state board.
1048 (c) The state board shall consider recommendations from an LEA for changes to the
1049 online data reporting tool.
1050 (6) [
1051 [
1052 (a) Title 53E, Chapter 9, Student Privacy and Data Protection;
1053 (b) Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
1054 (c) the parental consent requirements in Section 53E-9-203.
1055 (7) (a) A parent or guardian may opt the parent's or guardian's student out of
1056 participating in a survey prepared by [
1057 described in this section.
1058 (b) An LEA shall provide notice to a parent of:
1059 (i) the administration of a survey described in Subsection (7)(a);
1060 (ii) if applicable, that the survey may request information from students that is
1061 non-academic in nature;
1062 (iii) where the parent may access the survey described in Subsection (7)(a) to be
1063 administered; and
1064 (iv) the opportunity to opt a student out of participating in a survey as described in
1065 Subsection (7)(a).
1066 (c) [
1067 how the [
1068 instruction and intervention to students.
1069 (8) An LEA may use a different platform from the platform described in Subsection
1070 (2)(a)(ii) if the different platform accomplishes the requirements of this section.
1071 Section 17. Section 53G-6-806 is amended to read:
1072 53G-6-806. Parent portal.
1073 (1) As used in this section:
1074 (a) "Parent portal" means the posting the state board is required to provide under this
1075 section.
1076 (b) "School" means a public elementary or secondary school, including a charter
1077 school.
1078 (2) (a) The state board shall post information that allows a parent of a student enrolled
1079 in a school to:
1080 (i) access an LEA's policies required by Sections 53G-9-203 and 53G-9-605;
1081 (ii) be informed of resources and steps to follow when a student has been the subject,
1082 perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or abusive conduct
1083 such as:
1084 (A) resources for the student, including short-term mental health services;
1085 (B) options for the student to make changes to the student's educational environment;
1086 (C) options for alternative school enrollment;
1087 (D) options for differentiated start or stop times;
1088 (E) options for differentiated exit and entrance locations; and
1089 (F) the designated employee for an LEA who addresses incidents of bullying,
1090 cyber-bullying, hazing, retaliation, and abusive conduct;
1091 (iii) be informed of the steps and resources for filing a grievance with a school or LEA
1092 regarding bullying, cyber-bullying, hazing, or retaliation;
1093 (iv) be informed of the steps and resources for seeking accommodations under the
1094 Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq;
1095 (v) be informed of the steps and resources for seeking accommodations under state or
1096 federal law regarding religious accommodations;
1097 (vi) be informed of the steps and resources for filing a grievance for an alleged
1098 violation of state or federal law, including:
1099 (A) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
1100 (B) Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
1101 (C) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
1102 (D) Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
1103 12131-12165;
1104 (vii) receive information about constitutional rights and freedoms afforded to families
1105 in public education;
1106 (viii) be informed of how to access an internal audit hotline if established by the state
1107 board; and
1108 (ix) be informed of services for military families.
1109 (b) In addition to the information required under Subsection (2)(a), the state board:
1110 (i) shall include in the parent portal:
1111 (A) the comparison tool created under Section 53G-6-805; [
1112 (B) school level safety data including data points described in Section 53E-3-516; and
1113 (C) a link to the public safety portal described in Section 63A-16-1002; and
1114 (ii) may include in the parent portal other information that the state board determines is
1115 helpful to parents.
1116 (3) (a) The state board shall post the parent portal at a location that is easily located by
1117 a parent.
1118 (b) The state board shall update the parent portal at least annually.
1119 (c) In accordance with state and federal law, the state board may collaborate with a
1120 third-party to provide safety data visualization in comparison to other states' data.
1121 (4) An LEA shall annually notify each of the following of how to access the parent
1122 portal:
1123 (a) a parent of a student; and
1124 (b) a teacher, principal, or other professional staff within the LEA.
1125 Section 18. Section 53G-8-213 is amended to read:
1126 53G-8-213. Reintegration plan for student alleged to have committed violent
1127 felony or weapon offense.
1128 (1) As used in this section:
1129 (a) "Multidisciplinary team" means:
1130 (i) the local education agency,
1131 (ii) the juvenile court[
1132 (iii) the Division of Juvenile Justice Services[
1133 (iv) a school safety and security specialist designated under Section 53G-8-701.6;
1134 (v) school safety and security director designated under Section 53G-8-701.8;
1135 (vi) a school resource officer if applicable[
1136 (vii) any other relevant party that should be involved in a reintegration plan.
1137 (b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
1138 (2) If a school district receives a notification from the juvenile court or a law
1139 enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile
1140 court for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
1141 the school shall develop a reintegration plan for the student with a multidisciplinary team, the
1142 student, and the student's parent or guardian, within five days after the day on which the school
1143 receives a notification.
1144 (3) The school may deny admission to the student until the school completes the
1145 reintegration plan under Subsection (2).
1146 (4) The reintegration plan under Subsection (2) shall address:
1147 (a) a behavioral intervention for the student;
1148 (b) a short-term mental health or counseling service for the student; and
1149 (c) an academic intervention for the student.
1150 Section 19. Section 53G-8-701 is amended to read:
1151
1152 53G-8-701. Definitions.
1153 As used in this part:
1154 (1) "Armed school security guard" means the same as that term is defined in Section
1155 53G-8-804.
1156 (2) "County security chief" means the same as that term is defined in Section
1157 53-22-101.
1158 [
1159 53-1-102.
1160 [
1161 53G-9-205.1.
1162 (5) "School guardian" means the same as that term is defined in Section 53-22-106.
1163 (6) "School is in session" means the same as that term is defined in Section 53E-3-516.
1164 (7) "School safety and security director" means an individual whom an LEA or private
1165 school designates in accordance with Section 53G-8-701.8.
1166 (8) "School safety and security officer" means a law enforcement officer whom an
1167 LEA or private school hires in accordance with Section 53G-8-701.7.
1168 [
1169 defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
1170 with an LEA to provide law enforcement services for the LEA.
1171 [
1172 under Subsection 53G-8-701.6 who is responsible for supporting school safety initiatives
1173 including the threat assessment described in Subsection 53G-8-802(2)(g)(i).
1174 (11) "State security chief" means the same as that term is defined in Section 53-22-101.
1175 Section 20. Section 53G-8-701.5 is amended to read:
1176 53G-8-701.5. Building safely evaluation and required safety personnel.
1177 (1) [
1178 school and private school shall:
1179 [
1180 described in Subsection 53-22-102(3)(k); and [
1181 [
1182 (c) have a school safety and security specialist as described in Section 53G-8-701.6 at
1183 each school; and
1184 (d) have one of the following individuals on the grounds of each school when the
1185 school is in session:
1186 (i) a school resource officer;
1187 (ii) a school safety and security officer;
1188 (iii) a school guardian; or
1189 (iv) an armed school security guard.
1190 (2) If a school has more than 350 students enrolled at the school the same individual
1191 may not serve in more than one of the roles listed in Subsection (1)(b) through (1)(d).
1192 (3) A school under this section may implement any combination of the options
1193 described in Subsection (1)(d) to satisfy the requirements of Subsection (1)(d).
1194 Section 21. Section 53G-8-701.6 is enacted to read:
1195 53G-8-701.6. School safety and security specialist.
1196 (1) As used in this section, "principal" means the chief administrator at a private or
1197 public school, including:
1198 (a) a school principal;
1199 (b) a charter school director; or
1200 (c) the superintendent of the Utah Schools for the Deaf and the Blind.
1201 (2) (a) Subject to Subsection (2)(b), every private and public school shall designate a
1202 school safety and security specialist from the employee of the relevant public or private school.
1203 (b) The school safety and security specialist may not be a principal.
1204 (3) The school safety and security specialist shall:
1205 (a) report directly to the principal;
1206 (b) oversee school safety and security practices to ensure a safe and secure school
1207 environment for students and staff;
1208 (c) collaborate and maintain effective communications with, if applicable, the
1209 principal, school staff, school resource officer, armed school security guard, school guardian,
1210 school safety and security officer, local law enforcement, county security chief, school safety
1211 and security director, LEA, and school-based behavioral and mental health professionals to
1212 ensure adherence with all policies, procedures, protocols, rules, and regulations relating to
1213 school safety and security;
1214 (d) conduct a building safety assessment at least annually and use the results of the
1215 assessment to recommend improvements to school facilities, policies, procedures, protocols,
1216 rules, and regulations relating to school safety and security;
1217 (e) if an employee of an LEA, participate on the multi-disciplinary team that the LEA
1218 establishes;
1219 (f) conduct behavioral threat assessment when the school safety and security specialist
1220 deems necessary using an evidence-based tool the state security chief recommends in
1221 consultation with the state board;
1222 (g) regularly monitor and report to the principal, local law enforcement, and, if
1223 applicable, the LEA superintendent or designee, security risks for the school resulting from:
1224 (i) issues with school facilities; or
1225 (ii) the implementation of practices, policies, procedures, and protocols relating to
1226 school safety and security;
1227 (h) coordinate with local first responder agencies to implement and monitor safety and
1228 security drills in accordance with policy and applicable procedures and protocols;
1229 (i) ensure that school staff, and when appropriate students, receive training on and
1230 remain current on the schools safety and security procedures and protocols;
1231 (j) following an event where security of the school has been significantly
1232 compromised, organize a debriefing with, if applicable, school administrators, school
1233 guardians, school safety and security officers, armed school security guards, or school resource
1234 officers regarding strengthening school safety and security practices, policies, procedures, and
1235 protocols;
1236 (k) abide by any LEA, school, or law enforcement agency policy outlining the chain of
1237 command;
1238 (l) during an emergency, coordinate with, if applicable, the school resource officer, any
1239 school guardians, any school safety and security officers, any armed school security guards,
1240 school administrators, and responding law enforcement officers;
1241 (m) follow any LEA, school, or law enforcement agency student privacy policies
1242 including state and federal laws on privacy;
1243 (n) participate in an annual training the state security chief selects in consultation with
1244 the state board; and
1245 (o) remain current on:
1246 (i) a comprehensive school threat assessment guideline the state security chief selects;
1247 (ii) the duties of a school safety and security specialist describe in Subsection (3);and
1248 (iii) the school's emergency response plan.
1249 (4) During an active emergency at the school, the school safety and security specialist
1250 is subordinate to any responding law enforcement officers.
1251 Section 22. Section 53G-8-701.7 is enacted to read:
1252 53G-8-701.7. School safety and security officer.
1253 (1) As used in this section:
1254 (a) "Biannual training" means a the same as the term is defined in Section 53-22-105.
1255 (b) "Law enforcement officer" means a sworn and certified peace officer under Title
1256 53, Chapter 6, Peace Officer Standards and Training Act.
1257 (2) A public or private school may hire a former law enforcement officer who meets
1258 the requirements of Subsection (3) to be a school safety and security officer.
1259 (3) A former law enforcement officer is eligible to be hired as a school safety and
1260 security officer if the former officer:
1261 (a) has completed school resource officer training described in Section 53G-8-701.8;
1262 (b) has completed mental health crisis intervention training using a curriculum that:
1263 (i) a national organization with expertise in mental health crisis intervention develops;
1264 and the state security chief selects; and
1265 (ii) would not simultaneously be an employee of a law enforcement agency;
1266 (c) has no history of disciplinary issues while serving as a law enforcement office
1267 including an issue resulting in a resignation or termination;
1268 (d) is certified by POST, as defined in Section 53-6-102, or another comparable
1269 certifying agency if the officer is currently employed, or has previously been employed, by a
1270 law enforcement agency in a different state; and
1271 (e) completes a background check that contains the information in Subsection
1272 53-14-103(3).
1273 (4) A school safety and security officer has the power to make arrests under Section
1274 77-7-2 on the school grounds that employs the school safety and security officer.
1275 (5) A school safety and security officer:
1276 (a) shall participate in bi-annual training; and
1277 (b) may conceal or openly carry a firearm at the school where the school safety and
1278 security officer is employed.
1279 (6) A public or private school that hires a school safety and security officer under this
1280 section shall inform the state security chief and the county security chief of the county of the
1281 employment and provide the contact information of the school safety and security officer for
1282 use during an emergency.
1283 (7) The state security chief shall:
1284 (a) for each public or private school that hires a school safety and security officer under
1285 this section, track, by collecting the photograph and the name and contact information for each
1286 school safety and security officer for use in case of an emergency; and
1287 (b) make the information described in Subsection (7)(a) readily available to each law
1288 enforcement agency in the state by school.
1289 (8) A school safety and security officer hired under this section shall:
1290 (a) abide by all applicable requirements described in Title 53, Chapter 6, Peace Officer
1291 Standards and Training Act and Title 53, Chapter 13, Peace Officer Classifications; and
1292 (b) report directly to the school safety and security director that oversees the school that
1293 employs the school safety and security officer.
1294 (9) A public or private school may hire a single school safety and security officer or
1295 multiple school safety and security officers to satisfy the requirements of Section 53G-8-701.5
1296 Section 23. Section 53G-8-701.8 is enacted to read:
1297 53G-8-701.8. School safety and security director.
1298 (1) Each LEA and private school shall designate a school safety and security director as
1299 the point of contact for the county security chief, local law enforcement, and the state security
1300 chief.
1301 (2) A school safety and security director shall:
1302 (a) participate in and satisfy the training requirements, including the annual and
1303 bi-annual requirements, described in:
1304 (i) Section 53-22-105 for school guardians;
1305 (ii) Section 53G-8-702 for school resource officers; and
1306 (iii) Section 53G-8-704 for armed school security guards;
1307 (b) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1308 Concealed Firearm Act;
1309 (c) if the designee is an employee of an LEA, participate on the multi-disciplinary
1310 team the LEA establishes;
1311 (d) coordinate security responses among, if applicable, the following individuals in the
1312 LEA or private school that employs the school safety and security director:
1313 (i) school safety and security specialists;
1314 (ii) school resource officers;
1315 (iii) armed school security guards;
1316 (iv) school guardians; and
1317 (v) school safety and security officers; and
1318 (e) collaborate and maintain effective communications with local law enforcement,
1319 county security chief, school safety and security director, LEA, and school-based behavioral
1320 and mental health professionals to ensure adherence with all policies, procedures, protocols,
1321 rules, and regulations relating to school safety and security.
1322 (3) A school safety and security director:
1323 (a) does not have authority to act in a law enforcement capacity; and
1324 (b) may, at the LEA or private school that employs the school guardian:
1325 (i) take actions necessary to prevent or abate an active threat; and
1326 (ii) temporarily detain an individual when the school safety and security director has
1327 reasonable cause to believe the individual has committed or is about to commit a forcible
1328 felony, as that term is defined in Section 76-2-402.
1329 (4) Notwithstanding Subsection 76-10-505.5(4), a school safety and security director
1330 shall carry the school safety and security director's firearm in a concealed manner and may not,
1331 unless during an active threat, display or open carry a firearm while on school grounds.
1332 (5) A school may use the services of the school safety and security director on a
1333 temporary basis to satisfy the requirement of Subsection 53G-8-701.5(d).
1334 (6) The state security chief shall:
1335 (a) for each school safety and security director, track each school safety and security
1336 director by collecting the photograph and the name and contact information for each school
1337 safety and security director; and
1338 (b) make the information described in Subsection (6)(a) readily available to each law
1339 enforcement agency in the state by LEA or private school.
1340 Section 24. Section 53G-8-702 is amended to read:
1341 53G-8-702. School resource officer training -- Curriculum.
1342 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1343 state board, in consultation with the state security chief appointed under Section 53-22-102,
1344 shall make rules that prepare and make available [
1345 principals, school personnel, and school resource officers to attend.
1346 (2) To create the curriculum and materials for the training program described in
1347 Subsection (1), the state board shall:
1348 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
1349 created in Section 63M-7-201;
1350 (b) solicit input from local school boards, charter school governing boards, and the
1351 Utah Schools for the Deaf and the Blind;
1352 (c) consult with a nationally recognized organization that provides resources and
1353 training for school resource officers;
1354 (d) solicit input from local law enforcement and other interested community
1355 stakeholders; and
1356 (e) consider the current United States Department of Education recommendations on
1357 school discipline and the role of a school resource officer.
1358 (3) The training program described in Subsection (1) may include training on the
1359 following:
1360 (a) childhood and adolescent development;
1361 (b) responding age-appropriately to students;
1362 (c) working with disabled students;
1363 (d) techniques to de-escalate and resolve conflict;
1364 (e) cultural awareness;
1365 (f) restorative justice practices;
1366 (g) identifying a student exposed to violence or trauma and referring the student to
1367 appropriate resources;
1368 (h) student privacy rights;
1369 (i) negative consequences associated with youth involvement in the juvenile and
1370 criminal justice systems;
1371 (j) strategies to reduce juvenile justice involvement;
1372 (k) roles of and distinctions between a school resource officer and other school staff
1373 who help keep a school secure;
1374 (l) developing and supporting successful relationships with students; and
1375 (m) legal parameters of searching and questioning students on school property.
1376 (4) The state board shall work together with the Department of Public Safety, the State
1377 Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
1378 policies, procedures, and training requirements for school resource officers.
1379 Section 25. Section 53G-8-703 is amended to read:
1380 53G-8-703. Contracts between an LEA or private school and law enforcement for
1381 school resource officer services -- Requirements.
1382 (1) (a) An LEA or private school may use a school resource officer to satisfy the
1383 requirements of Section 53G-8-701.5
1384 (b) An LEA [
1385 Subsection (1)(a) shall contract with a local law enforcement agency to provide school resource
1386 officer services [
1387 (2) An LEA contract with a law enforcement agency to provide [
1388 officer services at the LEA shall require in the contract:
1389 (a) an acknowledgment by the law enforcement agency that [
1390 resource officer hired under the contract shall:
1391 (i) provide for and maintain a safe, healthy, and productive learning environment in a
1392 school;
1393 (ii) act as a positive role model to students;
1394 (iii) work to create a cooperative, proactive, and problem-solving partnership between
1395 law enforcement and the LEA;
1396 (iv) emphasize the use of restorative approaches to address negative behavior; and
1397 (v) at the request of the LEA, teach a vocational law enforcement class;
1398 (b) a description of the shared understanding of the LEA and the law enforcement
1399 agency regarding the roles and responsibilities of law enforcement and the LEA to:
1400 (i) maintain safe schools;
1401 (ii) improve school climate; and
1402 (iii) support educational opportunities for students;
1403 (c) a designation of student offenses that, in accordance with Section 53G-8-211, the
1404 [
1405 (i) may refer to the juvenile court;
1406 (ii) shall confer with the LEA to resolve; and
1407 (iii) shall refer to a school administrator for resolution as an administrative issue with
1408 the understanding that the [
1409 the administrative issue;
1410 (d) a detailed description of the rights of a student under state and federal law with
1411 regard to:
1412 (i) searches;
1413 (ii) questioning;
1414 (iii) arrests; and
1415 (iv) information privacy;
1416 (e) a detailed description of:
1417 (i) job assignment and duties, including:
1418 (A) the school to which the [
1419 (B) the hours the [
1420 (C) the point of contact at the school;
1421 (D) specific responsibilities for providing and receiving information; and
1422 (E) types of records to be kept, and by whom;
1423 (ii) training requirements; and
1424 (iii) other expectations of the [
1425 in relation to law enforcement at the LEA;
1426 (f) that [
1427 principal at the school where [
1428 principal's designee, will jointly complete the [
1429 in Section 53G-8-702;
1430 (g) that both parties agree to jointly discuss [
1431 [
1432 (h) that the law enforcement agency will, at least annually, seek out and accept
1433 feedback from an LEA about [
1434 (i) a designation of the school resource officer and the officer's law enforcement
1435 agency as "school officials" for purposes of the Family Educational Rights and Privacy Act, 34
1436 C.F.R. Part 99.
1437 (3) An LEA may not require or prohibit mandatory rotations of school resource officers
1438 as part of the contract described in Subsection (2).
1439 Section 26. Section 53G-8-703.2 is amended to read:
1440 53G-8-703.2. LEA establishment of a school resource officer policy -- Public
1441 comment.
1442 (1) An LEA shall establish [
1443 (2) The [
1444 (a) the contract described in Section 53G-8-703; and
1445 (b) all other procedures and requirements governing the relationship between the LEA
1446 and [
1447 (3) Before implementing the [
1448 Subsection (1), the LEA shall present the [
1449 meeting and receive public comment on the [
1450 Section 27. Section 53G-8-704 is enacted to read:
1451 53G-8-704. Contracts between an LEA or private school and a contract security
1452 company for armed school security guards.
1453 (1) As used in this section
1454 (a) "Armed private security officer" means the same as that term is defined in Section
1455 58-63-102.
1456 (b) "Armed school security guard" means an armed private security officer who is:
1457 (i) licensed as an armed private security officer under Title 58, Chapter 63, Security
1458 Personnel Licensing Act; and
1459 (ii) has met the requirements described in Subsection (4)(a).
1460 (c) "Biannual training" means the same as the term is defined in Section 53-22-105.
1461 (d) "Contract security company" means the same as that term is defined in Section
1462 58-63-102.
1463 (e) "State security chief" means the same as the term is defined in Section 53-22-102.
1464 (2) (a) An LEA or private school may use an armed school security guard to satisfy the
1465 requirements of Section 53G-8-701.5.
1466 (b) An LEA or private school that uses an armed school security guard under
1467 Subsection (2)(a) shall contract with a contract security company to provide armed school
1468 security guards at the private school or at each school within the LEA.
1469 (3) The contract described in Subsection (2)(b) shall include a detailed description of:
1470 (a) the rights of a student under state and federal law with regard to:
1471 (i) searches;
1472 (ii) questioning;
1473 (iii) arrests; and
1474 (iv) information privacy;
1475 (b) job assignment and duties of an armed school security guard, including:
1476 (i) the school to which an armed school security guard will be assigned;
1477 (ii) the hours an armed school security guard is present at the school;
1478 (iii) the point of contact at the school that an armed school security guard will contact
1479 in case of an emergency;
1480 (iv) specific responsibilities for providing and receiving information; and
1481 (v) types of records to be kept, and by whom;
1482 (vi) training requirements; and
1483 (c) other expectations of the contract security company in relation to school security at
1484 the private school or LEA.
1485 (4) (a) In addition to the requirements for licensure under Title 58, Chapter 63, Security
1486 Personnel Licensing Act an armed private security officer may only serve as an armed school
1487 security guard under a contract described in Subsection (2)(b) if the armed private security
1488 officer:
1489 (b) has a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1490 Concealed Firearm Act; and
1491 (c) has undergone training from a county security chief regarding:
1492 (i) the safe loading, unloading, storage, and carrying of firearms in a school setting;
1493 (ii) the role of armed security guards in a school setting; and
1494 (iii) coordination with law enforcement and school officials during an active threat.
1495 (d) An armed school security guard that meets the requirements of Subsection (4)(a)
1496 shall, in order remain eligible to be assigned as an armed school security guard at any school
1497 under a contract described in Subsection (2)(b), participate in bi-annual training.
1498 (5) An armed school security guard may conceal or openly carry a firearm at the school
1499 at which the armed school security guard is employed under the contract described in
1500 Subsection (2)(b).
1501 (6) A private school or LEA that enters a contract under this section shall inform the
1502 state security chief and the relevant county security chief of the contract and provide the
1503 contact information of the contract security company employing the armed security guard for
1504 use during an emergency.
1505 (7) The state security chief shall:
1506 (a) for each private school or LEA that contracts with a contract security company
1507 under this section, track each contract security company providing armed school security
1508 guards by name and the contact information for use in case of an emergency; and
1509 (b) make the information described in Subsection (7)(a) readily available to each law
1510 enforcement agency in the state by school.
1511 Section 28. Section 53G-8-801 is amended to read:
1512 53G-8-801. Definitions.
1513 As used in this section:
1514 (1) "Bullying" means the same as that term is defined in Section 53G-9-601.
1515 (2) "Law enforcement officer" means the same as that term is defined in Section
1516 53-13-103.
1517 (3) "Program" means the State Safety and Support Program established in Section
1518 53G-8-802.
1519 (4) "State security chief" means the same as the term is defined in Section 53-22-101.
1520 Section 29. Section 53G-8-802 is amended to read:
1521 53G-8-802. School Safety Center -- LEA duties.
1522 (1) There is created the [
1523 (2) The [
1524 (a) develop in conjunction with the Office of Substance Use and Mental Health and the
1525 state security chief model student safety and support policies for an LEA, including:
1526 (i) requiring an evidence-based [
1527
1528 (A) recommended interventions with an individual whose behavior poses a threat to
1529 school safety; and
1530 (B) establishes defined roles for a multidiciplinary team and school safety personnel
1531 described in Title 53G, Chapter 8, Part 7 School Safety Personnel including .
1532 (ii) procedures for referrals to law enforcement; and
1533 (iii) procedures for referrals to a community services entity, a family support
1534 organization, or a health care provider for evaluation or treatment;
1535 (b) provide training in consultation with the state security chief:
1536 (i) in school safety;
1537 (ii) in evidence-based approaches to improve school climate and address and correct
1538 bullying behavior;
1539 (iii) in evidence-based approaches in identifying an individual who may pose a threat
1540 to the school community;
1541 (iv) in evidence-based approaches in identifying an individual who may be showing
1542 signs or symptoms of mental illness;
1543 (v) on permitted disclosures of student data to law enforcement and other support
1544 services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
1545 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
1546 53E-9-203 and 53E-9-305; and
1547 (vii) for administrators on rights and prohibited acts under:
1548 (A) Chapter 9, Part 6, Bullying and Hazing;
1549 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
1550 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
1551 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
1552 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
1553 (c) conduct and disseminate evidence-based research on school safety concerns;
1554 (d) disseminate information on effective school safety initiatives;
1555 (e) encourage partnerships between public and private sectors to promote school safety;
1556 (f) provide technical assistance to an LEA in the development and implementation of
1557 school safety initiatives;
1558 (g) in conjunction with the [
1559 chief, make available to an LEA [
1560
1561 threat;
1562 [
1563
1564 [
1565 [
1566 [
1567
1568 (h) provide space for the public safety liaison described in Section 53-1-106 and the
1569 school-based mental health specialist described in Section 26B-5-211;
1570 (i) collaborate with the state security chief to determine appropriate application of
1571 school safety requirements in Utah code to an online school;
1572 [
1573 stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
1574 Utah Administrative Rulemaking Act, adopt rules:
1575 (i) requiring an LEA to:
1576 (A) create or adopt and disseminate a school climate survey; and
1577 (B) disseminate the school climate survey;
1578 (ii) recommending the distribution method, survey frequency, and sample size of the
1579 survey; and
1580 (iii) specifying the areas of content for the school climate survey; and
1581 [
1582 (3) Nothing in this section requires an individual to respond to a school climate survey.
1583 (4) The state board shall require an LEA to:
1584 (a) (i) review data from the state board-facilitated surveys containing school climate
1585 data for each school within the LEA; and
1586 (ii) based on the review described in Subsection (4)(a)(i):
1587 (A) revise practices, policies, and training to eliminate harassment and discrimination
1588 in each school within the LEA;
1589 (B) adopt a plan for harassment- and discrimination-free learning; and
1590 (C) host outreach events or assemblies to inform students and parents of the plan
1591 adopted under Subsection (4)(a)(ii)(B);
1592 (b) no later than September 1 of each school year, send a notice to each student, parent,
1593 and LEA staff member stating the LEA's commitment to maintaining a school climate that is
1594 free of harassment and discrimination; and
1595 (c) report to the state board:
1596 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
1597 (4)(a)(ii)(B); and
1598 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
1599 progress.
1600 Section 30. Section 53G-8-803 is amended to read:
1601 53G-8-803. Standard response protocol to active threats in schools.
1602 The state board in consultation with the state security chief shall make rules, in
1603 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
1604 (1) in accordance with the standard response protocol the state security chief
1605 establishes, require an LEA or school to develop emergency preparedness plans and emergency
1606 response plans for use during an emergency that include developmentally appropriate training
1607 for students and adults regarding:
1608 (a) active threats;
1609 (b) emergency preparedness;
1610 (c) drills as required under Subsection 15A-5-202.5; and
1611 (d) standard response protocols coordinated with community stakeholders;
1612 (2) identify the necessary components of emergency preparedness and response plans,
1613 including underlying standard response protocols and emerging best practices for an
1614 emergency; and
1615 (3) define what constitutes an "active threat" and "developmentally appropriate" for
1616 purposes of the emergency response training described in this section.
1617 Section 31. Section 53G-8-805 is enacted to read:
1618 53G-8-805. Panic alert device -- Security cameras.
1619 (1) An LEA shall provide each classroom with a panic alert device that allows for
1620 immediate contact with emergency services or emergency services agencies, law enforcement
1621 agencies, health departments, and fire departments.
1622 (2) An LEA shall ensure all school building personnel receive training on the protocol
1623 and appropriate use of the panic alert device described in Subsection (1).
1624 (3) An LEA shall:
1625 (a) ensure all security cameras within a school building are accessible by a local law
1626 enforcement agency; and
1627 (b) coordinate with a local law enforcement agency to establish appropriate access
1628 protocols.
1629 Section 32. Section 63H-7a-103 is amended to read:
1630 63H-7a-103. Definitions.
1631 As used in this chapter:
1632 (1) "911 account" means the Unified Statewide 911 Emergency Service Account,
1633 created in Subsection 63H-7a-304(1).
1634 (2) "911 call transfer" means the redirection of a 911 call from the person who initially
1635 receives the call to another person within the state.
1636 (3) "Association of governments" means an association of political subdivisions of the
1637 state, established pursuant to an interlocal agreement under Title 11, Chapter 13, Interlocal
1638 Cooperation Act.
1639 (4) "Authority" means the Utah Communications Authority created in Section
1640 63H-7a-201.
1641 (5) "Backhaul network" means the portion of a public safety communications network
1642 that consists primarily of microwave paths, fiber lines, or ethernet circuits.
1643 (6) "Board" means the Utah Communications Authority Board created in Section
1644 63H-7a-203.
1645 (7) "CAD" means a computer-based system that aids PSAP dispatchers by automating
1646 selected dispatching and record-keeping activities.
1647 (8) "CAD-to-CAD" means standardized connectivity between PSAPs or between a
1648 PSAP and a dispatch center for the transmission of data between CADs.
1649 (9) "Dispatch center" means an entity that receives and responds to an emergency or
1650 nonemergency communication transferred to the entity from a public safety answering point.
1651 (10) "FirstNet" means the federal First Responder Network Authority established in 47
1652 U.S.C. Sec. 1424.
1653 (11) "Lease" means any lease, lease purchase, sublease, operating, management, or
1654 similar agreement.
1655 (12) "Public agency" means any political subdivision of the state dispatched by a public
1656 safety answering point.
1657 (13) "Public safety agency" means the same as that term defined in Section 69-2-102.
1658 (14) "Public safety answering point" or "PSAP" means an entity in this state that:
1659 (a) receives, as a first point of contact, direct 911 emergency communications from the
1660 911 emergency service network requesting a public safety service;
1661 (b) has a facility with the equipment and staff necessary to receive the communication;
1662 (c) assesses, classifies, and prioritizes the communication; [
1663 (d) dispatches the communication to the proper responding agency[
1664 (e) submit information as described in Section 63H-7a-208.
1665 (15) "Public safety communications network" means:
1666 (a) a regional or statewide public safety governmental communications network and
1667 related facilities, including real property, improvements, and equipment necessary for the
1668 acquisition, construction, and operation of the services and facilities; and
1669 (b) 911 emergency services, including radio communications, connectivity, and 911
1670 call processing equipment.
1671 Section 33. Section 63H-7a-208 is amended to read:
1672 63H-7a-208. PSAP advisory committee.
1673 (1) There is established a PSAP advisory committee composed of nine members
1674 appointed by the board as follows:
1675 (a) one representative from a PSAP managed by a city;
1676 (b) one representative from a PSAP managed by a county;
1677 (c) one representative from a PSAP managed by a special service district;
1678 (d) one representative from a PSAP managed by the Department of Public Safety;
1679 (e) one representative from a PSAP from a county of the first class;
1680 (f) one representative from a PSAP from a county of the second class;
1681 (g) one representative from a PSAP from a county of the third or fourth class;
1682 (h) one representative from a PSAP from a county of the fifth or sixth class; and
1683 (i) one member from the telecommunications industry.
1684 (2) (a) Except as provided in Subsection (2)(b), each member shall be appointed to a
1685 four-year term beginning July 1, 2019.
1686 (b) Notwithstanding Subsection (2)(a), the board shall:
1687 (i) at the time of appointment or reappointment, adjust the length of terms to ensure
1688 that the terms of committee members are staggered so that the terms of approximately half of
1689 the committee end every two years; and
1690 (ii) not reappoint a member for more than two consecutive terms.
1691 (3) If a vacancy occurs in the membership for any reason, the replacement shall be
1692 appointed by the board for the unexpired term.
1693 (4) (a) Each January, the committee shall organize and select one of its members as
1694 chair and one member as vice chair.
1695 (b) The committee may organize standing or ad hoc subcommittees, which shall
1696 operate in accordance with guidelines established by the committee.
1697 (5) (a) The chair shall convene a minimum of four meetings per year.
1698 (b) The chair may call special meetings.
1699 (c) The chair shall call a meeting upon request of five or more members of the
1700 committee.
1701 (6) Five members of the committee constitute a quorum for the transaction of business,
1702 and the action of a majority of the members present is the action of the committee.
1703 (7) A member may not receive compensation or benefits for the member's service.
1704 (8) The PSAP advisory committee shall, on behalf of stakeholders, make
1705 recommendations to the director and the board regarding:
1706 (a) the authority operations and policies;
1707 (b) the 911 division and interoperability division strategic plans;
1708 (c) the operation, maintenance, and capital development of the public safety
1709 communications network;
1710 (d) the authority's administrative rules relative to the 911 division and the
1711 interoperability division; and
1712 (e) the development of minimum standards and best practices as described in
1713 Subsection 63H-7a-302(1)(a).
1714 (9) No later than September 30, 2020, the PSAP advisory committee shall propose to
1715 the board a statewide CAD-to-CAD call handling and 911 call transfer protocol.
1716 (10) The chair of the PSAP advisory committee is a nonvoting member of the board.
1717 (11) (a) The committee is not subject to Title 52, Chapter 4, Open and Public Meetings
1718 Act.
1719 (b) The committee shall:
1720 (i) at least 24 hours before a committee meeting, post a notice of the meeting, with a
1721 meeting agenda, on the authority's website;
1722 (ii) within 10 days after a committee meeting, post to the authority's website the audio
1723 and draft minutes of the meeting; and
1724 (iii) within three days after the committee approves minutes of a committee meeting,
1725 post the approved minutes to the authority's website.
1726 (c) The committee's vice chair is responsible for preparing minutes of committee
1727 meetings.
1728 (12) On or before December 31, 2024, the PSAP advisory committee shall coordinate
1729 with the State Bureau of Investigation to use the intelligence system described in Subsections
1730 53-10-302(7) and (8) to:
1731 (a) establish the information a PSAP is required to submit to the intelligence system;
1732 and
1733 (b) a format for submitting information.
1734 Section 34. Section 76-10-505.5 is amended to read:
1735 76-10-505.5. Possession of a dangerous weapon, firearm, or short barreled
1736 shotgun on or about school premises -- Penalties.
1737 (1) As used in this section, "on or about school premises" means:
1738 (a) (i) in a public or private elementary or secondary school; or
1739 (ii) on the grounds of any of those schools;
1740 (b) (i) in a public or private institution of higher education; or
1741 (ii) on the grounds of a public or private institution of higher education; and
1742 (iii) (A) inside the building where a preschool or child care is being held, if the entire
1743 building is being used for the operation of the preschool or child care; or
1744 (B) if only a portion of a building is being used to operate a preschool or child care, in
1745 that room or rooms where the preschool or child care operation is being held.
1746 (2) A person may not possess any dangerous weapon, firearm, or short barreled
1747 shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or
1748 has reasonable cause to believe, is on or about school premises as defined in this section.
1749 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
1750 misdemeanor.
1751 (b) Possession of a firearm or short barreled shotgun on or about school premises is a
1752 class A misdemeanor.
1753 (4) This section does not apply if:
1754 (a) the person is authorized to possess a firearm as [
1755 Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
1756 (b) the person is authorized to possess a firearm as [
1757 Section 53-5-704.5, unless the person is in a location where the person is prohibited from
1758 carrying a firearm under Subsection 53-5-710(2);
1759 (c) the possession is approved by the responsible school administrator;
1760 (d) the item is present or to be used in connection with a lawful, approved activity and
1761 is in the possession or under the control of the person responsible for its possession or use;
1762 (e) the person is as an armed school security guard as described in Section 53G-8-704;
1763 or
1764 [
1765 (i) at the person's place of residence or on the person's property; or
1766 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
1767 the school or used by the school to transport students.
1768 (5) This section does not:
1769 (a) prohibit prosecution of a more serious weapons offense that may occur on or about
1770 school premises; or
1771 (b) prevent a person from securely storing a firearm on the grounds of a school if the
1772 person participates in the school guardian program created in Section 53-22-105 and complies
1773 with the requirements for securely storing the firearm described in Subsection 53-22-105(5)(a).
1774 Section 35. Effective date.
1775 This bill takes effect on July 1, 2024.