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7 LONG TITLE
8 General Description:
9 This bill addresses a notification to a school from a juvenile court.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a local education agency (LEA) to transfer a notification from a juvenile
13 court regarding a student to another LEA for one year; and
14 ▸ makes technical corrections.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a special effective date.
19 This bill provides a coordination clause.
20 Utah Code Sections Affected:
21 AMENDS:
22 53G-8-403, as last amended by Laws of Utah 2023, Chapter 161
23 80-6-103, as last amended by Laws of Utah 2023, Chapter 161
24 Utah Code Sections Affected By Coordination Clause:
25 53G-8-403, as last amended by Laws of Utah 2023, Chapter 161
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27 Be it enacted by the Legislature of the state of Utah:
28 The following section is affected by a coordination clause at the end of this bill.
29 Section 1. Section 53G-8-403 is amended to read:
30 53G-8-403. Superintendent required to notify school.
31 (1) "LEA head" means the superintendent of a school district or the director of a
32 charter school.
33 (2) Within three days of receiving a notification from the juvenile court or a law
34 enforcement agency under Section 80-6-103, the [
35 head's designee shall notify the principal of the school the juvenile attends or last attended.
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37 (a) make a notation in a secure file other than the student's permanent file; and
38 (b) if the student is still enrolled in the school, notify staff members who, in his
39 opinion, should know of the adjudication.
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41 information to other persons having both a right and a current need to know.
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43 information under this part.
44 (6) Beginning no later than July 1, 2025, an LEA shall digitally maintain the secure file
45 described in Subsection (3) or, if available, the students related reintegration plan described in
46 53G-8-213, for one year from the day the notice is received and ensure the secure file follows
47 the student if the student transfers to a different school or LEA.
48 Section 2. Section 80-6-103 is amended to read:
49 80-6-103. Notification to a school -- Civil and criminal liability.
50 (1) As used in this section:
51 (a) "School" means a school in a local education agency.
52 (b) "Local education agency" means a school district, a charter school, or the Utah
53 Schools for the Deaf and the Blind.
54 (c) "School official" means the superintendent of a school district or the director of a
55 charter school or designee in which the minor resides or attends school.
56 (d) "Transferee school official" means the superintendent of a school district or the
57 director of a charter school or designee in which the minor resides or attends school if the
58 minor is admitted to home detention.
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69 (2) A notification under this section is provided for a minor's supervision and student
70 safety.
71 (3) (a) If a minor is taken into temporary custody under Section 80-6-201 for a violent
72 felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or
73 other person who has taken the minor into temporary custody, shall notify a school official
74 within five days after the day on which the minor is taken into temporary custody.
75 (b) A notification under this Subsection (3) shall only disclose:
76 (i) the name of the minor;
77 (ii) the offense for which the minor was taken into temporary custody or admitted to
78 detention; and
79 (iii) if available, the name of the victim if the victim resides in the same school district
80 as the minor or attends the same school as the minor.
81 (4) After a detention hearing for a minor who is alleged to have committed a violent
82 felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
83 shall order a juvenile probation officer to notify a school official, or a transferee school official,
84 and the appropriate local law enforcement agency of the juvenile court's decision, including
85 any disposition, order, or no-contact order.
86 (5) If a designated staff member of a detention facility admits a minor to home
87 detention under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
88 court shall order a juvenile probation officer to notify a school official, or a transferee school
89 official, and the appropriate local law enforcement agency that the minor has been admitted to
90 home detention.
91 (6) (a) If the juvenile court adjudicates a minor for an offense of violence or an offense
92 in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court shall order a juvenile
93 probation officer to notify a school official, or a transferee school official, of the adjudication.
94 (b) A notification under this Subsection (6) shall be given to a school official, or a
95 transferee school official, within three days after the day on which the minor is adjudicated.
96 (c) A notification under this section shall include:
97 (i) the name of the minor;
98 (ii) the offense for which the minor was adjudicated; and
99 (iii) if available, the name of the victim if the victim:
100 (A) resides in the same school district as the minor; or
101 (B) attends the same school as the minor.
102 (7) If the juvenile court orders probation under Section 80-6-702, the juvenile court
103 shall order a juvenile probation officer to notify the appropriate local law enforcement agency
104 and the school official of the juvenile court's order for probation.
105 (8) (a) An employee of the local law enforcement agency, or the school the minor
106 attends, who discloses a notification under this section is not:
107 (i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
108 provided in Section 63G-7-202; and
109 (ii) civilly or criminally liable except when the disclosure constitutes a knowing
110 violation of Section 63G-2-801.
111 (b) An employee of a governmental agency is immune from any criminal liability for
112 failing to provide the information required by this section, unless the employee fails to act due
113 to malice, gross negligence, or deliberate indifference to the consequences.
114 (9) (a) A notification under this section shall be classified as a protected record under
115 Section 63G-2-305.
116 (b) All other records of disclosures under this section are governed by Title 63G,
117 Chapter 2, Government Records Access and Management Act, and the Family Educational
118 Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
119 Section 3. Effective date.
120 This bill takes effect on July 1, 2024.
121 Section 4. Coordinating S.B. 246 with H.B. 331.
122 If S.B. 246, Juvenile Justice Modifications, and H.B. 331, School and Classroom
123 Amendments, both pass and become law, the Legislature intends that, on July 1, 2024, changes
124 to Section 53G-8-403 in S.B. 246 supersede amendments to Section 53G-8-403 in H.B. 331.