53-22 - School Security Act

Title 53 > 53-22

Sections (8)

53-22-101 - School Security Act — Definitions.

As used in this chapter: 53-22-101(1) “Advisory board” means the Education Advisory Board created in Section 53-22-104.2. 53-22-101(2) “County security chief” means the individual whom a county sheriff appoints in accordance with Section 53-22-103 to oversee school safety. 53-22-101(3) “Local education agency” means the same as that term is defined in Section 53E-1-102. 53-22-101(4) “Public school” means the same as that term is defined in Section 53G-9-205.1. 53-22-101(5) “School” means an elementary school or a secondary school that:is a public school; andprovides instruction for one or more of the grades of kindergarten through grade 12. 53-22-101(6) “School is in session” means the same as the term is defined in Section 53E-3-516. 53-22-101(7) “School resource officer” means the same as that term is defined in Section 53G-8-701. 53-22-101(8) “State security chief” means an individual appointed by the commissioner under Section 53-22-102. 53-22-101(9) “Task force” means the School Security Task Force created in Section 53-22-104.1.

53-22-102 - State security chief — Creation — Appointment.

53-22-102(1) There is created within the department a state security chief. 53-22-102(2) The state security chief:is appointed by the commissioner with the approval of the governor;is subject to the supervision and control of the commissioner;may be removed at the will of the commissioner;shall be qualified by experience and education to:enforce the laws of this state relating to school safety;perform duties prescribed by the commissioner; andenforce rules made under this chapter. 53-22-102(3) The state security chief shall:establish building and safety standards for all public and private schools, including:coordinating with the State Board of Education to establish the required minimum safety and security standards for all public and private school facilities, including:limited entry points, including, if applicable, secured entry points for specific student grades or groups;video surveillance of entrances when school is in session;subject to Subsection (6), exterior windows surrounding only the immediate entryways and only interior windows of a classroom entrance or instructional area protected by security glazing or ballistic windows;internal classroom door locks;bleed kits and first aid kits;exterior cameras on entrances, parking areas, and campus grounds; andfencing around playgrounds or supervised parameters using existing and adequate staffing to monitor in consultation with the county security chief;establishing a schedule or timeline for existing buildings to come into compliance with this section;creating a process to examine plans and specifications for construction or remodeling of a school building, in accordance with Section 53E-3-706;recommending to the commissioner the denial or revocation a public or private school’s occupancy permit for a building if:the building does not meet the standards established in this section; andafter consultation with the local governing board, the building remains non-compliant with the standards established in this section;creating minimum standards for radio communication equipment in every school; andestablishing a process to approve the safety and security criteria the state superintendent of public instruction establishes for building inspectors described in Section 53E-3-706;oversee the implementation of the school safety personnel requirements described in Section 53G-8-701.5, including:in consultation with a county security chief, overseeing the school guardian program described in Section 53-22-105, including approving and coordinating the relevant training programs;establishing an application process for approved alternatives to the school safety personnel requirements described in Section 53G-8-701.5;selecting training requirements for school safety and security specialists in consultation with the State Board of Education as described in Section 53G-8-701.6;as required by Section 53G-8-701.8, tracking each school safety and security director for a local education agency and ensuring that the contact information for the school safety and security directors is readily available to the local law enforcement agency of relevant jurisdiction; andreviewing and approving the State Board of Education’s school resource officer training program as described in Section 53G-8-702;oversee the creation of school safety trainings, protocols, and incident responses, including:in consultation with the State Board of Education, defining what constitutes an “active threat” and “developmentally appropriate” for purposes of the emergency response training described in Section 53G-8-803;in consultation with the Office of Substance Use and Mental Health, establishing or selecting an adolescent mental health and de-escalation training for school safety personnel;consulting with the School Safety Center to develop the model critical incident response that all schools and law enforcement will use during a threat, including:standardized response protocol terminology for use throughout the state, including what constitutes a threat;protocols for planning and safety drills, including drills required in a school before the school year begins;integration and appropriate use of a panic alert device described in Subsection 53G-8-805;the establishment of incident command for a threat or safety incident, including which entity and individual runs the incident command;the required components for a communication plan to be followed during an incident or threat;reunification plan protocols, including the appropriate design and use of an incident command by others responding to or involved in an incident; andrecommendations for safety equipment for schools, including amounts and types of first aid supplies;reviewing and suggesting any changes to the response plans and training under Section 53G-8-803;creating the official standard response protocol described in Section 53G-8-803 for use by schools and law enforcement for school safety incidents; andestablishing a manner for any security personnel described in Section 53G-8-701.5 to be quickly identified by law enforcement during an incident;in consultation with the School Safety Center established in Section 53G-8-802:create a process to receive and analyze the school safety needs assessments described in Section 53G-8-701.5; andestablish a required data reporting system for public schools to report serious and non-serious threats and other data related to threat assessment that the state security chief determines to be necessary; andfulfill any other duties and responsibilities determined by the commissioner. 53-22-102(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the state security chief, shall make rules to fulfill the duties described in this section. 53-22-102(5) The state security chief may delegate duties under this section to a sworn department member with the approval of the commissioner. 53-22-102(6) A school building shall come into compliance with window protection requirements in Subsection (3)(a) by:for schools located in a county of the first or second class, secure exterior windows surrounding only the immediate entryways by July 1, 2035;for schools located in a county of the third, fourth, fifth, or sixth class, secure exterior windows surrounding only the immediate entryways by July 1, 2040; andfor all schools, secure only interior windows of a classroom entrance or instructional area from the floor, by July 1, 2040.The state security chief may grant an extension to the timelines in this Subsection (6) if requested by a local education agency.

53-22-103 - County sheriff responsibilities — Coordination.

53-22-103(1) Each county sheriff shall identify an individual as a county security chief within the sheriff’s office to coordinate security responsibilities, protocols, and required trainings between the state security chief, the county sheriff’s office, and the corresponding police chiefs whose jurisdiction includes a public school within the county. 53-22-103(2) The county security chief shall:in collaboration with the school safety and security specialist described in Section 53G-8-701.6 and a member of the local law enforcement agency of relevant jurisdiction as described in Section 53-25-701:administer or coordinate with a designee from the local law enforcement agency of relevant jurisdiction to participate in, by any appropriate means the county security chief determines, the school safety needs assessment described in Section 53G-8-701.5; andreview the results of the school safety needs assessment to recommend and implement improvements to school facilities, policies, procedures, protocols, rules, and regulations relating to school safety and security;collaborate and maintain effective communications regarding school safety with each:school safety and security specialist in the county security chief’s county, as described in Section 53G-8-701.6;school safety and security director in the county security chief’s county, as described in Section 53G-8-701.8; andlocal law enforcement agency within the county;administer with the corresponding police chiefs whose jurisdiction includes a public school, the trainings described in Sections 53-22-105 and 53G-8-704, including:assessing if an individual is capable of the duties and responsibilities that the trainings cover; anddenying an individual the ability to be a school safety personnel described in Section 53G-8-701.5 if the county security chief finds the individual is not capable of the duties and responsibilities that the trainings cover; andin conjunction with the state security chief, administer the school guardian program established in Section 53-22-105 at any school participating in the program in the county security chief’s county.

53-22-105 - School guardian program.

53-22-105(1) As used in this section:“Annual training” means an annual four-hour training that:a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Section 53-25-701(2)(b);the state security chief approves;can be tailored to local needs;allows an individual to practice and demonstrate firearms proficiency at a firearms range using the firearm the individual carries for self defense and defense of others;includes the following components:firearm safety, including safe storage of a firearm;de-escalation tactics;the role of mental health in incidents; anddisability awareness and interactions; andcontains other training needs as determined by the state security chief.”Biannual training” means a twice-yearly training that:is at least four hours, unless otherwise approved by the state security chief;a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Section 53-25-701(2)(b);the state security chief approves;can be tailored to local needs;through which a school guardian at a school or simulated school environment:receives training on the specifics of the building or buildings of the school, including the location of emergency supplies and security infrastructure; andparticipates in a live-action practice plan with school administrators in responding to active threats at the school; andshall be taken with at least three months in between the two trainings.”Firearm” means the same as that term is defined in Section 76-11-101.”Initial training” means an in-person training that:a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Section 53-25-701(2)(b);the state security chief approves;can be tailored to local needs; andprovides:training on general familiarity with the types of firearms that can be concealed for self-defense and defense of others;training on the safe loading, unloading, storage, and carrying of firearms in a school setting;training at a firearms range with instruction regarding firearms fundamentals, marksmanship, the demonstration and explanation of the difference between sight picture, sight alignment, and trigger control, and a recognized pistol course;current laws dealing with the lawful use of a firearm by a private citizen, including laws on self-defense, defense of others, transportation of firearms, and concealment of firearms;coordination with law enforcement officers in the event of an active threat;basic trauma first aid;the appropriate use of force, emphasizing the de-escalation of force and alternatives to using force; andsituational response evaluations, including:protecting and securing a crime or accident scene;notifying law enforcement;controlling information; andother training that the county sheriff, designee, or department deems appropriate.”Program” means the school guardian program created in this section.”School employee” means an employee of a school whose duties and responsibilities require the employee to be physically present at a school’s campus while school is in session.”School employee” does not include a principal, teacher, or individual whose primary responsibilities require the employee to be primarily present in a classroom to teach, care for, or interact with students, unless:the principal, teacher, or individual is employed at a school with 350 or fewer students;the principal, teacher, or individual is employed at a school with adjacent campuses as determined by the state security chief; oras provided in Subsection 53G-8-701.5(3).”School guardian” means a school employee who meets the requirements of Subsection (3). 53-22-105(2) There is created within the department the school guardian program.The state security chief shall oversee the school guardian program.The applicable county security chief shall administer the school guardian program in each county.The state security chief shall ensure that the school guardian program includes:initial training;biannual training; andannual training.A county sheriff may partner or contract with:another county sheriff to support the respective county security chiefs in jointly administering the school guardian program in the relevant counties; anda local law enforcement agency of relevant jurisdiction to provide the:initial training;biannual training; andannual training. 53-22-105(3) A school employee that volunteers to participate is eligible to join the program as a school guardian if:the school administrator approves the volunteer school employee to be designated as a school guardian;the school employee satisfactorily completes initial training within six months before the day on which the school employee joins the program;the school employee holds a valid concealed carry permit issued under Chapter 5a, Part 3, Concealed Firearm Permits;the school employee certifies to the sheriff of the county where the school is located that the school employee has undergone the training in accordance with Subsection (3)(a)(ii) and intends to serve as a school guardian; andthe school employee:completes an initial “fit to carry” assessment the Department of Health and Human Services approves and a provider administers; andmaintains compliance with mental health screening requirements consistent with law enforcement standards.After joining the program a school guardian shall complete annual training and biannual training to retain the designation of a school guardian in the program. 53-22-105(4) The state security chief shall:for each school that participates in the program, track each school guardian at the school by collecting the photograph and the name and contact information for each guardian;make the information described in Subsection (4)(a) readily available to each law enforcement agency in the state categorized by school; andprovide each school guardian with a one-time stipend of $500. 53-22-105(5) A school guardian:may store the school guardian’s firearm on the grounds of a school only if:the firearm is stored in a biometric gun safe;the biometric gun safe is located in the school guardian’s office; andthe school guardian is physically present on the grounds of the school while the firearm is stored in the safe;shall carry the school guardian’s firearm in a concealed manner; andmay not, unless during an active threat, display or open carry a firearm while on school grounds. 53-22-105(6) Except as provided in Subsection (5)(c), this section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying a firearm on the grounds of a public school or charter school under Subsection 76-11-205(4). 53-22-105(7) A school guardian:does not have authority to act in a law enforcement capacity; andmay, at the school where the school guardian is employed:take actions necessary to prevent or abate an active threat; andtemporarily detain an individual when the school guardian has reasonable cause to believe the individual has committed or is about to commit a forcible felony, as that term is defined in Section 76-2-402. 53-22-105(8) A school may designate a single volunteer or multiple volunteers to participate in the school guardian program to satisfy the school safety personnel requirements of Section 53G-8-701.5. 53-22-105(9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section. 53-22-105(10) A school guardian who has active status in the guardian program is not liable for any civil damages or penalties if the school guardian:when carrying or storing a firearm:is acting in good faith; andis not grossly negligent; orthreatens, draws, or otherwise uses a firearm reasonably believing the action to benecessary in compliance with Section 76-2-402. 53-22-105(11) A school guardian shall file a report described in Subsection (12) if, during the performance of the school guardian’s duties, the school guardian points a firearm at an individual. 53-22-105(12) A report described in Subsection (11) shall include:a description of the incident;the identification of the individuals involved in the incident; andany other information required by the state security chief.A school guardian shall submit a report required under Subsection (11) to the school administrator, school safety and security director, and the state security chief within 48 hours after the incident.The school administrator, school safety and security director, and the state security chief shall consult and review the report submitted under Subsection (12)(b). 53-22-105(13) The requirements of Subsections (11) and (12) do not apply to a training exercise. 53-22-105(14) A school guardian may have the designation of school guardian revoked at any time by the school principal, county sheriff, or state security chief. 53-22-105(15) Any information or record created detailing a school guardian’s participation in the program is:a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; andavailable only to:the state security chief;administrators at the school guardian’s school;if applicable, other school safety personnel described in Section 53G-8-701.5;a local law enforcement agency that would respond to the school in case of an emergency; andthe individual designated by the county sheriff in accordance with Section 53-22-103 of the county of the school where the school guardian in the program is located.The information or record described in Subsection (15)(a) includes information related to the school guardian’s identity and activity within the program as described in this section and any personal identifying information of a school guardian participating in the program collected or obtained during initial training, annual training, and biannual training.An individual who intentionally or knowingly provides the information described in Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is guilty of a class B misdemeanor.

53-22-106 - Substantial threats against a school reporting requirements — Exceptions.

53-22-106(1) As used in this section, “substantial threat” means a threat made with serious intent to cause harm. 53-22-106(2) Except as provided in Subsection (3), if a state employee or person in a position of special trust as defined in Section 76-5-404.1, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe a substantial threat against a school, school employee, or student attending a school or is aware of circumstances that would reasonably result in a substantial threat against a school, school employee, or student attending a school, the state employee or person in a position of special trust shall immediately report the suspected substantial threat to:the local education agency that the substantial threat would impact;the nearest peace officer or law enforcement agency; andthe state security chief. 53-22-106(3) If the state security chief, a peace officer, or law enforcement agency receives a report under Subsection (2), the state security chief, peace officer, or law enforcement agency shall immediately notify the local education agency that the substantial threat would impact.If the local education agency that the substantial threat would impact receives a report under Subsection (2), the local education agency that the substantial threat would impact shall immediately notify the appropriate local law enforcement agency and the state security chief.A local education agency that the substantial threat would impact shall coordinate with the law enforcement agency on the law enforcement agency’s investigation of the report described in Subsection (1).If a law enforcement agency undertakes an investigation of a report under Subsection (2), the law enforcement agency shall provide a final investigatory report to the local education agency that the substantial threat would impact upon request. 53-22-106(4) Subject to Subsection (5), the reporting requirement described in Subsection (2) does not apply to:a member of the clergy with regard to any confession an individual makes to the member of the clergy while functioning in the ministerial capacity of the member of the clergy if:the individual made the confession directly to the member of the clergy;the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of the confession; andthe member of the clergy does not have the consent of the individual making the confession to disclose the content of the confession; oran attorney, or an individual whom the attorney employs, if:the knowledge or belief of the substantial threat arises from the representation of a client; andif disclosure of the substantial threat would not reveal the substantial threat to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6. 53-22-106(5) When a member of the clergy receives information about the substantial threat from any source other than a confession, the member of the clergy shall report the information even if the member of the clergy also received information about the substantial threat from the confession of the perpetrator.Exemption of the reporting requirement for an individual described in Subsection (4) does not exempt the individual from any other actions required by law to prevent further substantial threats or actual harm related to the substantial threat. 53-22-106(6) The physician-patient privilege does not:excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section; orconstitute grounds for excluding evidence in a judicial or administrative proceeding resulting from a report under this section.

53-22-107 - Educator-Protector Program.

53-22-107(1) As used in this section:“Annual classroom response training” means a training for a teacher:that is held at least once a year and is administered, at no cost to a teacher, by the individual identified by the county sheriff as described in Section 53-22-103; andwhere the teacher is trained:on how to defend a classroom against active threats emphasizing the teacher’s role in stationary defense; andon the safe loading, unloading, storage, and carrying of firearms in a school setting.”Bureau” means the Bureau of Criminal Identification created in Section 53-10-201.”Local education agency” means the same as that term is defined in Section 53E-1-102.”Program” means the Educator-Protector Program created under this section.”Teacher” means an individual employed by a local education agency who has an assignment to teach in a classroom. 53-22-107(2) There is created the Educator-Protector Program to incentivize a teacher to responsibly secure or carry a firearm on the grounds of the school where the teacher is employed. 53-22-107(3) To participate in the program, a teacher shall:have completed an annual classroom response training within six months before the day on which the teacher joins the program;have a valid concealed carry permit issued under Title 53, Chapter 5a, Part 3, Concealed Firearm Permits; andcertify to the department that:the teacher satisfies the requirements described in Subsections (3)(a)(i) and (3)(a)(ii); andif applicable, intends to securely store or carry a firearm on the grounds of a school where the teacher is employed.After joining the program, to retain the teacher’s active status in the program, a teacher shall:participate in annual classroom response training; andcomply with any rules established by the department in accordance with Subsection (10). 53-22-107(4) The state security chief shall:track each teacher that participates in the program by collecting a photograph, name, and contact information for each teacher;make the information described in Subsection (4)(a) readily available to each law enforcement agency in the state; andprovide reasonable reimbursement, using funds appropriated by the Legislature, to a county sheriff for providing a teacher with annual classroom response training.The state security chief shall categorize the information described in Subsection (4)(a)(i) by school. 53-22-107(5) A teacher participating in the program:may store the teacher’s firearm on the grounds of a school only if:the firearm is stored in a biometric gun safe;the biometric gun safe is located in the teacher’s classroom or office; andthe teacher is physically present on the grounds of the school while the firearm is stored in the biometric gun safe; andshall carry the teacher’s firearm in a concealed manner unless during an active threat. 53-22-107(6) This section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying firearms on the grounds of a school as described in Subsection 76-11-205(4). 53-22-107(7) A teacher who has active status in the program is not liable for any civil damages or penalties if the teacher:when carrying or storing a firearm:is acting in good faith; andis not grossly negligent; orthreatens, draws, or otherwise uses a firearm reasonably believing the action to be necessary in compliance with Section 76-2-402.A local education agency is not liable for civil damages or penalties resulting from a teacher who is participating in the program carrying, using, or storing a firearm at a school. 53-22-107(8) A local education agency may not prevent a teacher from participating in the program under this section. 53-22-107(9) Any information or record created detailing a teacher’s participation in the program is:a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; andavailable only to:the state security chief;a local law enforcement agency that would respond to the school in case of an emergency; andthe individual identified by the county sheriff as described in Section 53-22-103.The information or record described in Subsection (9)(a) includes the information described in Subsection (4)(a)(i) and any personal identifying information of a teacher participating in the program collected or obtained during annual classroom response training.An individual who intentionally or knowingly provides the information described in Subsection (9)(a) to an individual or entity not listed in Subsection (9)(a)(ii) is guilty of a class A misdemeanor. 53-22-107(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may adopt rules to administer this section.

53-22-108 - School safety foundation.

53-22-108(1) As used in this section:“Authorized foundation” means a nonprofit foundation that:meets the requirements of this section; andthe state security chief authorizes in consultation with the School Safety Center created in Section 53G-8-802.”School safety product” means equipment, technology, service, or material that enhances school safety and security. 53-22-108(2) The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation:maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);has operated continuously in the state for three or more years;maintains a primary mission focused on school safety;operates under a board of directors that includes:a law enforcement representative;an educator or school administrator; andan emergency management professional;demonstrates financial stability through:an annual independent audit;maintained reserves; anda clean financial record; andprovides evidence of:successful project management;an existing relationship with an educational institution; andknowledge of school safety requirements described in federal and state law. 53-22-108(3) A foundation seeking authorization shall submit to the state security chief:a written application that demonstrates compliance with Subsection (2);a financial record for the previous three years;a current board member qualification;a proposed school safety initiative; andan internal procurement policy for purchases not made from a state cooperative contract. 53-22-108(4) The state security chief shall:review an application within 60 days;request additional information if needed;issue a written decision; andmaintain a public record of an authorized foundation, including records related to the approval process of an authorized foundation. 53-22-108(5) An authorized foundation may:use a state cooperative contract in accordance with Section 63G-6a-2105;make a bulk purchase of a school safety product; andin coordination with the state security chief and the School Safety Center:facilitate a donation of a school safety product; anddistribute a product to a school. 53-22-108(6) An authorized foundation shall:follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state cooperative contract;maintain separate accounting for a school safety purchase;by August 1 of each year, submit an annual report to the state security chief that includes:any product procured through a state cooperative contract;the annual independent audit required in Subsection (2)(e);all schools served;the total value of a donation facilitated; anda compliance certification; andrenew authorization every three years. 53-22-108(7) The state security chief:may revoke authorization if the authorized foundation:fails to maintain a requirement of this section;engages in financial mismanagement; orsubmits false information in a report required by this section; andshall, before revoking authorization:provide written notice to the foundation;allow a 30-day period to remedy the violation;provide an opportunity for a hearing; andissue a final written decision. 53-22-108(8) Authorization under this section does not:create state liability;imply state endorsement;override a local procurement requirement; andexempt the foundation from an applicable law.

53-22-109 - School safety — Compliance.

53-22-109(1) As used in this section:“Compliance issue” means a violation of a school safety requirement under:this chapter; orrules established in accordance with this chapter.”Tiered system of support” means an escalating system of:technical assistance;intervention; andcorrective action. 53-22-109(2) The state security chief shall, in collaboration with the School Safety Center:establish a tiered system of support for a compliance issue;develop implementation procedures for the system; anddefine criteria for:evaluating a compliance issue;assigning an appropriate tier; andmonitoring progress. 53-22-109(3) In establishing the system under Subsection (2), the state security chief and School Safety Center shall consider:severity of the compliance issue;risk to student and staff safety;available technical assistance resources;local education agency capacity; andrequired corrective action timelines.