53G-8 - Discipline and Safety

Title 53G > 53G-8

Sections (46)

General Provisions

53G-8-101 - Title.

This chapter is known as “Discipline and Safety.”

53G-8-102 - Definitions for chapter.

53G-8-102(1) “Climate” means the perceptions and experiences of students, staff, parents, and the community regarding the school’s environment and the resources that support the experiences. 53G-8-102(2) “Culture” means the beliefs, values, and practices that shape how a school functions and influences student learning and well-being through policies, procedures, and safety protocols. 53G-8-102(3) “Forcible felony” means the same as that term is defined in Section 76-2-402. 53G-8-102(4) “K-12 School Campus” means an LEA governed property or building where K-12 students gather daily for instructional purposes and has an assigned administrator. 53G-8-102(5) “Physical Space” means the way in which a building is designed and structured to promote safety including the minimum safety and security standards as described in Section 53-22-102. 53G-8-102(6) “School safety” means the physical space, culture, and climate of a school.

School Discipline and Conduct Plans

53G-8-201 - Definitions.

As used in this part: 53G-8-201(1) “Sexual crime” or “sexual misconduct” means any conduct described in:Title 76, Chapter 5, Part 4, Sexual Offenses;Title 76, Chapter 5b, Sexual Exploitation Act; orSection 76-7-102, incest.”Sexual crime” or “sexual misconduct” does not include conduct described in:Section 76-5-417, enticing a minor;Section 76-5-420, lewdness involving a child; orSection 76-5b-206, failure to report child sexual abuse material by a computer technician. 53G-8-201(2) “Serious offense” means the same as that term is defined in Section 80-6-103.

53G-8-202 - Public school discipline policies — Basis of the policies — Enforcement.

53G-8-202(1) The Legislature recognizes that every student in the public schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. 53G-8-202(2) To foster such an environment, each local school board or charter school governing board, with input from school employees, parents of students, students, and the community at large, shall adopt conduct and discipline policies for the public schools in accordance with Section 53G-8-211.A district or charter school shall base its policies on the principle that every student is expected:to follow accepted standards of conduct; andto show respect for other people and to obey persons in authority at the school.On or before September 1, 2015, the state board shall revise the conduct and discipline policy models for elementary and secondary public schools to include procedures for responding to reports received through the SafeUT Crisis Line under Subsection 53H-4-210(2)(c).Each district or charter school shall use the models, where appropriate, in developing its conduct and discipline policies under this chapter.The policies shall emphasize that certain behavior, most particularly behavior which disrupts, is unacceptable and may result in disciplinary action. 53G-8-202(3) The local superintendent and designated employees of the district or charter school shall enforce the policies so that students demonstrating unacceptable behavior and their parents understand that such behavior will not be tolerated and will be dealt with in accordance with the district’s conduct and discipline policies.

53G-8-203 - Conduct and discipline policies and procedures.

53G-8-203(1) The conduct and discipline policies required under Section 53G-8-202 shall include:provisions governing student conduct, safety, and welfare;standards and procedures for dealing with students who cause disruption in the classroom, on school grounds, on school vehicles, or in connection with school-related activities or events;procedures for the development of remedial discipline plans for students who cause a disruption at any of the places referred to in Subsection (1)(b);procedures for the use of reasonable and necessary physical restraint in dealing with students posing a danger to themselves or others, consistent with Section 53G-8-301;standards and procedures for dealing with student conduct in locations other than those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:the school;school property;a person associated with the school; orproperty associated with a person described in Subsection (1)(e)(iii);procedures for the imposition of disciplinary sanctions, including suspension and expulsion;specific provisions, consistent with Section 53E-3-509, for preventing and responding to gang-related activities in the school, on school grounds, on school vehicles, or in connection with school-related activities or events;standards and procedures for dealing with habitual disruptive or unsafe student behavior in accordance with the provisions of this part; andprocedures for responding to reports received through the SafeUT Crisis Line under Subsection 53H-4-210(2)(c). 53G-8-203(2) Each local school board shall establish a policy on detaining students after regular school hours as a part of the district-wide discipline plan required under Section 53G-8-202.The policy described in Subsection (2)(a) shall apply to elementary school students, grades kindergarten through 6.The local school board shall receive input from teachers, school administrators, and parents of the affected students before adopting the policy.The policy described in Subsection (2)(a) shall provide for:notice to the parent of a student prior to holding the student after school on a particular day; andexceptions to the notice provision if detention is necessary for the student’s health or safety. 53G-8-203(3) Each LEA shall adopt a policy for responding to possession or use of electronic cigarette products by a student on school property.The policy described in Subsection (3)(a) shall:prohibit students from possessing or using electronic cigarette products on school property;include policies or procedures for the confiscation or surrender of electronic cigarette products; andrequire a school administrator or school administrator’s designee to dispose of or destroy a confiscated electronic cigarette product.Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic cigarette product to local law enforcement if:a school official has a reasonable suspicion that a confiscated electronic cigarette product contains an illegal substance; andlocal law enforcement requests that the LEA release the confiscated electronic cigarette product to local law enforcement as part of an investigation or action. 53G-8-203(4) Each LEA shall adopt a policy for responding to when a student has committed a serious offense or sexual crime.The policy described in Subsection (4)(a) shall:address a serious offense or sexual misconduct related to hazing;distinguish procedures for when the crime occurs on school property and off of school property;if a student has committed a serious offense or sexual crime, provide a process for a school resource officer to provide input for the LEA to consider regarding the safety risks a student may pose upon reintegration;establish a process to inform a school resource officer of any student who is on probation;create procedures for determining an alternative placement for a student if the student attends the same school as:the victim of the student’s crime; andan individual who has a protective order against the student; andbe compliant with state and federal law.

53G-8-204 - Suspension and expulsion procedures — Notice to parents — Distribution of policies.

53G-8-204(1) Policies required under this part shall include written procedures for the suspension and expulsion of, or denial of admission to, a student, consistent with due process and other provisions of law.The policies required in Subsection (1)(a) shall include a procedure directing public schools to notify the custodial parent and, if requested in writing by a noncustodial parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a student.Subsection (1)(b)(i) does not apply to that portion of school records which would disclose any information protected under a court order.The custodial parent is responsible for providing to the school a certified copy of the court order under Subsection (1)(b)(ii) through a procedure adopted by the local governing board. 53G-8-204(2) Each local governing board shall provide for the distribution of a copy of a school’s discipline and conduct policy to each student upon enrollment in the school.A copy of the policy shall be posted in a prominent location in each school.Any significant change in a school’s conduct and discipline policy shall be distributed to students in the school and posted in the school in a prominent location.

53G-8-205 - Grounds for suspension or expulsion from a public school.

53G-8-205(1) A student may be suspended or expelled from a public school for the following reasons:frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language;willful destruction or defacing of school property;behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school;possession, control, or use of an alcoholic beverage as defined in Section 32B-1-102;behavior proscribed under Subsection (2) which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with that person, regardless of where it occurs; orpossession or use of pornographic material on school property. 53G-8-205(2) A student shall be suspended or expelled from a public school for the following reasons:a serious violation affecting another student or a staff member, or a serious violation occurring in a school building, in or on school property, or in conjunction with a school activity, including:the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;the actual use of violence or sexual misconduct;the actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities; orthe sale, control, or distribution of a drug or controlled substance as defined in Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug paraphernalia as defined in Section 58-37a-3;the commission of an act involving the use of force or the threatened use of force which if committed by an adult would be a felony or class A misdemeanor; ormaking a false report of an emergency at a school under Subsection 76-9-105.5(2)(b).A student who commits a violation of Subsection (2)(a) involving a real or look alike weapon, explosive, or flammable material shall be expelled from school for a period of not less than one year subject to the following:within 45 days after the expulsion the student shall appear before the student’s superintendent, the superintendent’s designee, chief administrative officer of a charter school, or the chief administrative officer’s designee, accompanied by a parent; andthe superintendent, chief administrator, or designee shall determine:what conditions must be met by the student and the student’s parent for the student to return to school, including any provided for in the policies described in Section 53G-8-203;if the student should be placed on probation in a regular or alternative school setting consistent with Section 53G-8-208, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school the student is placed in; andif it would be in the best interest of both the LEA, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local governing board and giving highest priority to providing a safe school environment for all students. 53G-8-205(3) A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12 months. 53G-8-205(4) A suspension or expulsion under this section is not subject to the age limitations under Subsection 53G-6-204(1). 53G-8-205(5) A local governing board shall prepare an annual report for the state board on:each violation committed under this section; andeach action taken by the LEA against a student who committed the violation.

53G-8-206 - Delegation of authority to suspend or expel a student — Procedure for suspension — Readmission.

53G-8-206(1) A local school board may delegate to any school principal or assistant principal within the school district the power to suspend a student in the principal’s school for up to 10 school days. A charter school governing board may delegate to the chief administrative officer of the charter school the power to suspend a student in the charter school for up to 10 school days. 53G-8-206(2) The local school board or charter school governing board may suspend a student for up to one school year or delegate that power to the district superintendent, the superintendent’s designee, or chief administrative officer of a charter school. 53G-8-206(3) The local school board may expel a student for a fixed or indefinite period, provided that the expulsion shall be reviewed by the district superintendent or the superintendent’s designee and the conclusions reported to the local school board, at least once each year. 53G-8-206(4) If a student is suspended, a designated school official shall notify the parent of the student of the following without delay:

that the student has been suspended; the grounds for the suspension; the period of time for which the student is suspended; and the time and place for the parent to meet with a designated school official to review the suspension. 53G-8-206(5) A suspended student shall immediately leave the school building and the school grounds following a determination by the school of the best way to transfer custody of the student to the parent or other person authorized by the parent or applicable law to accept custody of the student. Except as otherwise provided in Subsection (5)(c), a suspended student may not be readmitted to a public school until: the student and the parent have met with a designated school official to review the suspension and agreed upon a plan to avoid recurrence of the problem; or in the discretion of the principal or chief administrative officer of a charter school, the parent of the suspended student and the student have agreed to participate in such a meeting. A suspension may not extend beyond 10 school days unless the student and the student’s parent have been given a reasonable opportunity to meet with a designated school official and respond to the allegations and proposed disciplinary action.

53G-8-207 - Alternatives to suspension or expulsion.

53G-8-207(1) Each local school board or charter school governing board shall establish:

policies providing that prior to suspending or expelling a student for repeated acts of willful disobedience, defiance of authority, or disruptive behavior which are not of such a violent or extreme nature that immediate removal is required, good faith efforts shall be made to implement a remedial discipline plan that would allow the student to remain in school; and alternatives to suspension, including policies that allow a student to remain in school under an in-school suspension program or under a program allowing the parent, with the consent of the student’s teacher or teachers, to attend class with the student for a period of time specified by a designated school official. 53G-8-207(2) If the parent does not agree or fails to attend class with the student, the student shall be suspended in accordance with the conduct and discipline policies of the district or the school. 53G-8-207(3) The parent of a suspended student and the designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student’s suspension. 53G-8-207(4) The state superintendent, in cooperation with school districts and charter schools, shall:

research methods of motivating and providing incentives to students that: directly and regularly reward or recognize appropriate behavior; impose immediate and direct consequences on students who fail to comply with district or school standards of conduct; and keep the students in school, or otherwise continue student learning with appropriate supervision or accountability; explore funding resources to implement methods of motivating and providing incentives to students that meet the criteria specified in Subsection (4)(a); evaluate the benefits and costs of methods of motivating and providing incentives to students that meet the criteria specified in Subsection (4)(a); publish a report that incorporates the research findings, provides model plans with suggested resource pools, and makes recommendations for local school boards and school personnel; and maintain data for purposes of accountability, later reporting, and future analysis.

53G-8-208 - Student suspended or expelled — Responsibility of parent — Application for students with disabilities.

53G-8-208(1) If a student is suspended or expelled from a public school under this part for more than 10 school days, the parent is responsible for undertaking an alternative education plan which will ensure that the student’s education continues during the period of suspension or expulsion. 53G-8-208(2) The parent shall work with designated school officials to determine how that responsibility might best be met through private education, an alternative program offered by or through the district or charter school, or other alternative which will reasonably meet the educational needs of the student. The parent and designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies to meet the student’s educational needs. 53G-8-208(3) Costs for educational services which are not provided by the school district or charter school are the responsibility of the student’s parent. 53G-8-208(4) Each school district or charter school shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the individual student’s cumulative folder. The district or charter school shall contact the parent of each suspended or expelled student under the age of 16 at least once each month to determine the student’s progress. 53G-8-208(5) This part applies to students with disabilities to the extent permissible under applicable law or regulation. If application of any requirement of this part to a student with a disability is not permissible under applicable law or regulation, the responsible school authority shall implement other actions consistent with the conflicting law or regulation which shall most closely correspond to the requirements of this part.

53G-8-209 - Extracurricular activities — Prohibited conduct — Reporting of violations — Limitation of liability.

53G-8-209(1) The Legislature recognizes that:participation in student government and extracurricular activities may confer important educational and lifetime benefits upon students, and encourages school districts and charter schools to provide a variety of opportunities for all students to participate in such activities in meaningful ways;there is no constitutional right to participate in these types of activities, and does not through this section or any other provision of law create such a right;students who participate in student government and extracurricular activities, particularly competitive athletics, and the adult coaches, advisors, and assistants who direct those activities, become role models for others in the school and community;these individuals often play major roles in establishing standards of acceptable behavior in the school and community, and establishing and maintaining the reputation of the school and the level of community confidence and support afforded the school; andit is of the utmost importance that those involved in student government, whether as officers or advisors, and those involved in competitive athletics and related activities, whether students or staff, comply with all applicable laws and standards of behavior and conduct themselves at all times in a manner befitting their positions and responsibilities. 53G-8-209(2) The state board may, and local school boards and charter school governing boards shall, adopt rules or policies implementing this section that apply to both students and staff.The rules or policies described in Subsection (2)(a) shall include prohibitions against the following types of conduct in accordance with Section 53G-8-211, while in the classroom, on school property, during school sponsored activities, or regardless of the location or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i) through (iv):the use of foul, abusive, or profane language while engaged in school related activities;the illicit use, possession, or distribution of:a controlled substance or drug paraphernalia;a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section 76-9-1101; oran alcoholic beverage; andhazing, demeaning, or assaultive behavior, whether consensual or not, including behavior involving physical violence, restraint, improper touching, or inappropriate exposure of body parts not normally exposed in public settings, forced ingestion of any substance, or any act which would constitute a crime against a person or public order under state law. 53G-8-209(3) School employees who reasonably believe that a violation of this section may have occurred shall immediately report that belief to the school principal, district superintendent, or chief administrative officer of a charter school.Principals who receive a report under Subsection (3)(a) shall submit a report of the alleged incident, and actions taken in response, to the district superintendent or the superintendent’s designee within 10 working days after receipt of the report.Failure of a person holding a professional certificate to report as required under this Subsection (3) constitutes an unprofessional practice. 53G-8-209(4) Limitations of liability set forth under Section 53G-8-405 apply to this section.

53G-8-210 - Disruptive student behavior.

53G-8-210(1) As used in this section:

“Disruptive student behavior” includes: the grounds for suspension or expulsion described in Section 53G-8-205; and the conduct described in Subsection 53G-8-209(2)(b). “Parent” includes: a custodial parent of a school-age child; a legally appointed guardian of a school-age child; or any other person purporting to exercise any authority over the child which could be exercised by a person described in Subsection (1)(b)(i) or (ii). “Qualifying minor” means a school-age child who: is at least nine years old; or turns nine years old at any time during the school year. “School year” means the period of time designated by a local school board or charter school governing board as the school year for the school where the school-age child is enrolled. “School-age child” means the same as that term is defined in Section 53G-6-201. 53G-8-210(2) A local school board, school district, charter school governing board, or charter school may impose administrative penalties in accordance with Section 53G-8-211 on a school-age child who violates this part. 53G-8-210(3) A local school board or charter school governing board shall: authorize a school administrator or a designee of a school administrator to issue notices of disruptive student behavior to qualifying minors; and establish a procedure for a qualifying minor, or a qualifying minor’s parent, to contest a notice of disruptive student behavior. A school representative shall provide to a parent of a school-age child, a list of resources available to assist the parent in resolving the school-age minor’s disruptive student behavior problem. A local school board or charter school governing board shall establish procedures for a school counselor or other designated school representative to work with a qualifying minor who engages in disruptive student behavior in order to attempt to resolve the minor’s disruptive student behavior problems. 53G-8-210(4) The notice of disruptive student behavior described in Subsection (3)(a):

shall be issued to a qualifying minor who: engages in disruptive student behavior, that does not result in suspension or expulsion, three times during the school year; or engages in disruptive student behavior, that results in suspension or expulsion, once during the school year; shall require that the qualifying minor and a parent of the qualifying minor: meet with school authorities to discuss the qualifying minor’s disruptive student behavior; and cooperate with the local school board or charter school governing board in correcting the qualifying minor’s disruptive student behavior; and shall be mailed by certified mail to, or served on, a parent of the qualifying minor. 53G-8-210(5) A habitual disruptive student behavior notice:

may only be issued to a qualifying minor who: engages in disruptive student behavior, that does not result in suspension or expulsion, at least six times during the school year; engages in disruptive student behavior, that does not result in suspension or expulsion, at least three times during the school year; and engages in disruptive student behavior, that results in suspension or expulsion, at least once during the school year; or engages in disruptive student behavior, that results in suspension or expulsion, at least twice during the school year; and may only be issued by a school administrator, a designee of a school administrator, or a truancy specialist, who is authorized by a local school board or charter school governing board to issue a habitual disruptive student behavior notice. 53G-8-210(6) A qualifying minor to whom a habitual disruptive student behavior notice is issued under Subsection (5) may not be referred to the juvenile court. Within five days after the day on which a habitual disruptive student behavior notice is issued, a representative of the school district or charter school shall provide documentation, to a parent of the qualifying minor who receives the notice, of the efforts made by a school counselor or representative under Subsection (3)(c).

53G-8-211 - Responses to school-based behavior.

53G-8-211(1) As used in this section:“Evidence-based” means a program or practice that:has had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population;has been rated as effective by a standardized program evaluation tool; oris created and developed by a school or school district and has been approved by the state board.”Habitual truant” means a school-age child who:is in grade 7 or above, unless the school-age child is under 12 years old;is subject to the requirements of Section 53G-6-202; andis truant at least 20 days during one school year; orfails to cooperate with efforts on the part of school authorities to resolve the school-age child’s attendance problem as required under Section 53G-6-206.”Minor” means the same as that term is defined in Section 80-1-102.”Mobile crisis outreach team” means the same as that term is defined in Section 26B-5-101.”Prosecuting attorney” means the same as that term is defined in Subsections 80-1-102(66)(b) and (c).”Restorative justice program” means a school-based program or a program used or adopted by a local education agency that is designed:to enhance school safety, reduce school suspensions, and limit referrals to law enforcement agencies and courts; andto help minors take responsibility for and repair harmful behavior that occurs in school.”School administrator” means a principal of a school.”School is in session” means a day during which the school conducts instruction for which student attendance is counted toward calculating average daily membership.”School resource officer” means a law enforcement officer, as defined in Section 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts with a local education agency to provide law enforcement services for the local education agency.”School-age child” means the same as that term is defined in Section 53G-6-201.”School-sponsored activity” means an activity, fundraising event, club, camp, clinic, or other event or activity that is authorized by a specific local education agency or public school, according to LEA governing board policy, and satisfies at least one of the following conditions:the activity is managed or supervised by a local education agency or public school, or local education agency or public school employee;the activity uses the local education agency’s or public school’s facilities, equipment, or other school resources; orthe activity is supported or subsidized, more than inconsequentially, by public funds, including the public school’s activity funds or Minimum School Program dollars.”School-sponsored activity” includes preparation for and involvement in a public performance, contest, athletic competition, demonstration, display, or club activity.”Status offense” means an offense that would not be an offense but for the age of the offender.”Status offense” does not mean an offense that by statute is a misdemeanor or felony. 53G-8-211(2) This section applies to:a minor who is alleged to be a habitual truant; anda minor enrolled in school who is alleged to have committed an offense on school property where the student is enrolled:when school is in session; orduring a school-sponsored activity. 53G-8-211(3) If a minor is alleged to have committed an offense on school property that is a class C misdemeanor, an infraction, or a status offense, or a minor is alleged to be a habitual truant, the school administrator, the school administrator’s designee, or a school resource officer shall refer the minor:to an evidence-based alternative intervention, including:a mobile crisis outreach team;a youth services center, as defined in Section 80-5-102;a certified youth court, as defined in Section 80-6-901, or comparable restorative justice program;an evidence-based alternative intervention created and developed by the school or school district;an evidence-based alternative intervention that is jointly created and developed by a local education agency, the state board, the juvenile court, local counties and municipalities, the Department of Health and Human Services; a tobacco cessation or education program if the offense is a violation of Section 76-9-1106; ortruancy mediation; orfor prevention and early intervention youth services, as described in Section 80-5-201, by the Division of Juvenile Justice and Youth Services if the minor refuses to participate in an evidence-based alternative intervention described in Subsection (3)(a). 53G-8-211(4) Except as provided in Subsection (6), if a minor is alleged to have committed an offense on school property that is a class C misdemeanor, an infraction, or a status offense, a school administrator, the school administrator’s designee, or a school resource officer may refer a minor to a law enforcement officer or agency or a court only if:the minor allegedly committed an offense on school property on a previous occasion; andthe minor was referred to an evidence-based alternative intervention, or to prevention or early intervention youth services, as described in Subsection (3) for the previous offense. 53G-8-211(5) If a minor is alleged to be a habitual truant, a school administrator, the school administrator’s designee, or a school resource officer may only refer the minor to a law enforcement officer or agency or a court if:the minor was previously alleged of being a habitual truant at least twice during the same school year; andthe minor was referred to an evidence-based alternative intervention, or for prevention and early intervention youth services, as described in Subsection (3) for at least two of the previous habitual truancies. 53G-8-211(6) If a minor is alleged to have committed a traffic offense that is an infraction, a school administrator, the school administrator’s designee, or a school resource officer may refer the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the traffic offense. 53G-8-211(7) Notwithstanding Subsections (4) and (5), a school resource officer may:investigate possible criminal offenses and conduct, including conducting probable cause searches;consult with school administration about the conduct of a minor enrolled in a school;transport a minor enrolled in a school to a location if the location is permitted by law;take temporary custody of a minor in accordance with Section 80-6-201; orprotect the safety of students and the school community, including the use of reasonable and necessary physical force when appropriate based on the totality of the circumstances. 53G-8-211(8) If a minor is referred to a court or a law enforcement officer or agency under Subsection (4) or (5), the school or the school district shall appoint a school representative to continue to engage with the minor and the minor’s family through the court process.A school representative appointed under Subsection (8)(a) may not be a school resource officer.A school district or school shall include the following in the school district’s or school’s referral to the court or the law enforcement officer or agency:attendance records for the minor;a report of evidence-based alternative interventions used by the school before the referral, including outcomes;the name and contact information of the school representative assigned to actively participate in the court process with the minor and the minor’s family;if the minor was referred to prevention or early intervention youth services under Subsection (3)(b), a report from the Division of Juvenile Justice and Youth Services that demonstrates the minor’s failure to complete or participate in prevention and early intervention youth services under Subsection (3)(b); andany other information that the school district or school considers relevant.A minor referred to a court under Subsection (4) or (5) may not be ordered to or placed in secure detention, including for a contempt charge or violation of a valid court order under Section 78A-6-353:when the underlying offense is a status offense or infraction; orfor being a habitual truant.If a minor is referred to a court under Subsection (4) or (5), the court may use, when available, the resources of the Division of Juvenile Justice and Youth Services or the Office of Substance Use and Mental Health to address the minor. 53G-8-211(9) If a minor is alleged to have committed an offense on school property that is a class B misdemeanor or a class A misdemeanor, the school administrator, the school administrator’s designee, or a school resource officer may refer the minor directly to a court or to the evidence-based alternative interventions in Subsection (3)(a). 53G-8-211(10) A school administrator, a school administrator’s designee, and a school resource officer retain the discretion described under this section in relation to Title 63G, Chapter 31, Distinctions on the Basis of Sex.

53G-8-212 - Defacing or damaging school property — Student’s liability — Work program alternative.

53G-8-212(1) A student who willfully defaces or otherwise damages any school property may be suspended or otherwise disciplined. 53G-8-212(2) If a school’s property has been lost or willfully cut, defaced, or otherwise damaged, the school may withhold the issuance of an official written grade report, diploma, or transcript of the student responsible for the damage or loss until the student or the student’s parent has paid for the damages. The student’s parent is liable for damages as otherwise provided in Section 80-6-610. 53G-8-212(3) If the student and the student’s parent are unable to pay for the damages or if it is determined by the school in consultation with the student’s parent that the student’s interests would not be served if the parent were to pay for the damages, the school shall provide for a program of work the student may complete in lieu of the payment. The school shall release the official grades, diploma, and transcripts of the student upon completion of the work. 53G-8-212(4) Before any penalties are assessed under this section, the school shall adopt procedures to ensure that the student’s right to due process is protected. 53G-8-212(5) No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear. 53G-8-212(6) If the Department of Human Services or a licensed child-placing agency has been granted custody of the student, the student’s records, if requested by the department or agency, may not be withheld from the department or agency for nonpayment of damages under this section.

53G-8-213 - Reintegration plan for student alleged to have committed violent felony or weapon offense.

53G-8-213(1) As used in this section,“multidisciplinary team” means: the local education agency; the juvenile court; the Division of Juvenile Justice and Youth Services; a school safety and security specialist designated under Section 53G-8-701.6;school safety and security director designated under Section 53G-8-701.8;a school resource officer if applicable; and any other relevant party that should be involved in a reintegration plan. 53G-8-213(2) If a school district receives a notification from the juvenile court or a law enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile court for a serious offense, the school shall develop a reintegration plan for the student with a multidisciplinary team, the student, and the student’s parent or guardian, within five school days after the day on which the school receives a notification. 53G-8-213(3) The school may deny admission to the student until the school completes the reintegration plan under Subsection (2). 53G-8-213(4) The reintegration plan under Subsection (2) shall address:a behavioral intervention for the student;a short-term mental health or counseling service for the student;an academic intervention for the student; andif the serious offense was directed at a school employee or another student within the school, notification of the reintegration plan to that school employee or student and the student’s parent. 53G-8-213(5) A school district may not reintegrate a student into a school where:a student or staff member has a protective order against the student being reintegrated; ora student or staff member is the victim of a sexual crime or forcible felony committed by the student being reintegrated. 53G-8-213(6) Notwithstanding Subsection (2), a school district may elect to not integrate a student into a school if the student has committed, or allegedly committed, a forcible felony.If a school district elects to not integrate a student under Subsection (6)(a), the school district shall provide alternative education options for the student. 53G-8-213(7) A reintegration plan under this section is classified as a protected record under Section 63G-2-305. 53G-8-213(8) All other records of disclosures under this section are governed by Title 63G, Chapter 2, Government Records Access and Management Act, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.

Emergency Safety Interventions

53G-8-301 - Emergency safety interventions — Appropriate uses — Penalties.

53G-8-301(1) As used in this section:“Corporal punishment” means the intentional infliction of physical pain upon the body of a student as a disciplinary measure.”Emergency safety intervention” means the use of seclusion or physical restraint when a student presents an immediate danger to self or others.”Physical escort” means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location.”Physical restraint” means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student’s arms, legs, body, or head freely.”School” means a public or private elementary school, secondary school, or preschool.”Seclusion” means seclusionary time out that is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, including:placing a student in a locked room; orplacing a student in a room where the door is blocked by furniture or held closed by staff.”Student” means an individual who is:under the age of 19 and receiving educational services; orunder the age of 23 and receiving educational services as an individual with a disability. 53G-8-301(2) A school employee shall first use the least restrictive intervention available to the school employee, including a physical escort, to address circumstances described in Subsection (4).Nothing in this section prohibits a school employee from subsequently using less restrictive interventions to address circumstances described in Subsection (4). 53G-8-301(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to:establish guidelines and best practices that consider individual student needs related to emergency safety interventions described in Subsection (10)(b);establish intervention reporting requirements;create school staff training standards that may be included in an existing training;develop parental notification procedures;implement data collection and review processes;establish investigation protocols;establish data collection and reporting requirements for an LEA regarding:incidents of seclusion;alternative interventions used;student demographic information, including sex, gender, age, grade in school, and applicable disability status; andincident outcomes.The state board shall include the information described in Subsection (3)(a) in the State Superintendent’s Annual Report described in Section 53E-1-203. 53G-8-301(4) A school employee may use reasonable and necessary physical restraint only:in self defense;to obtain possession of a weapon or other dangerous object in the possession or under the control of a student;to protect a student or another individual from physical injury;to remove from a situation a student who is violent; orto protect property from being damaged, when physical safety is at risk. 53G-8-301(5) A school employee may not inflict or cause the infliction of corporal punishment upon a student.The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports, apply to complaints on corporal punishment.Evidence of corporal punishment that would qualify as reasonable discipline under Section 76-2-401 is insufficient to establish liability in a civil or criminal action.Subject to the Rules of Evidence, evidence of corporal punishment that exceeds reasonable discipline under Section 76-2-401 may be used by a court to establish civil or criminal liability. 53G-8-301(6) School authorities shall take prompt and appropriate action, including in-service training and other administrative action, upon confirming a violation of this section. 53G-8-301(7) The Division of Child and Family Services shall maintain all violation reports made in accordance with this section under the confidentiality requirements of Section 80-2-1005. 53G-8-301(8) A school or individual who makes a good faith report or cooperates in an investigation shall receive immunity from civil or criminal liability. 53G-8-301(9) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration may take appropriate action against any employing entity if the court finds that the employing entity has not taken reasonable steps to enforce the provisions of this part. 53G-8-301(10) A school: may not:enforce any rule, policy, or directive that permits acts prohibited by this section;sanction an employee who refuses to commit a prohibited act; orexcept as provided in Subsection (10)(b), use seclusion:as an intervention or disciplinary practice;for coercion, retaliation, or humiliation; ordue to inadequate staffing or for the staff member’s convenience;for a student in grade 1 or higher, may use seclusion as an emergency safety intervention only when:the LEA has developed and implemented written policies and procedures that:describe the circumstances under which a staff member may use seclusion;describe which staff members are authorized to use seclusion;describe procedures for monitoring a student that is in seclusion;describe time limitations on the use of seclusion;require immediate and continuous review of the decision to use seclusion;require documenting the use of seclusion;describe record keeping requirements for records related to the use of seclusion; andrequire debriefing of all witnesses, involved staff members, the student who was secluded, and the parent of the student who was secluded;a student poses an immediate and significant threat to the student or others;less restrictive interventions have failed;a staff member who is familiar to the student is actively supervising the student for the duration of the seclusion; andthe use is time-limited to a maximum time of 30 minutes and monitored;if seclusion was used, shall document the reason for its use, duration, and any alternative strategies attempted; andshall notify parents immediately, and not to exceed 15 minutes after the use, of any emergency safety intervention used on the parent’s child, including seclusion or physical restraint. 53G-8-301(11) An LEA shall collect and report data to the state board annually regarding:an incident; andfor each incident, the:duration of an intervention used to respond to the incident;stated purpose for any intervention used;alternative interventions attempted;student demographic information, including sex, gender, age, grade in school, and applicable disability status; andrelevant training offered to staff and if the staff involved received the relevant training without revealing the identity of the staff member. 53G-8-301(12) This section does not apply to:a law enforcement officer as defined in Section 53-13-103;a parochial or private school that:does not receive state funds;adopts a policy of exemption from this section; andnotifies the parents of students in the school of the exemption; orbehavior support intervention which is in compliance with:Section 76-2-401; andstate and local rules adopted under Section 53E-7-204. 53G-8-301(13) Any violations of this section, including violations of any standards for seclusion or physical restraint established by the state board pursuant to this section, shall:constitute an act of unlawful detention and is subject to the penalty described in Section 76-5-304; andresult in a referral to:local law enforcement; andthe Utah Professional Practices Advisory Commission established in Section 53E-6-501.

Juvenile Court and Law Enforcement Notification to Public Schools

53G-8-401 - Definitions.

53G-8-402 - Notification by juvenile court and law enforcement agencies.

53G-8-402(1) A notification received by a school district from the juvenile court or a law enforcement agency under Section 80-6-103 is governed by this part. 53G-8-402(2) A school district may enter into an agreement with a law enforcement agency regarding a notification under Subsection (1).

53G-8-403 - Superintendent required to notify school.

53G-8-403(1) “LEA head” means the superintendent of a school district or the director of a charter school. 53G-8-403(2) Within three days of receiving a notification from the juvenile court or a law enforcement agency under Section 80-6-103, the LEA head or LEA head’s designee shall notify the principal of the school the juvenile attends or last attended. 53G-8-403(3) Upon receipt of the information, the principal shall:make a notation in a secure file other than the student’s permanent file; andif the student is still enrolled in the school, notify staff members who, in his opinion, should know of the adjudication. 53G-8-403(4) A person receiving information pursuant to this part may only disclose the information to other persons having both a right and a current need to know. 53G-8-403(5) Access to secure files shall be limited to persons authorized to receive information under this part. 53G-8-403(6) Beginning no later than July 1, 2025, an LEA shall digitally maintain the secure file described in Subsection (3) or, if available, the students related reintegration plan described in 53G-8-213, for one year from the day the notice is received and ensure the secure file follows the student if the student transfers to a different school or LEA.

53G-8-404 - State board to set procedures.

The state board shall make rules governing the dissemination of the information.

53G-8-405 - Liability for release of information.

53G-8-405(1) The district superintendent, district superintendent’s designee, principal, and any staff member notified by the principal may not be held liable for information which may become public knowledge unless it can be shown by clear and convincing evidence that the information became public knowledge through an intentional act of the superintendent, superintendent’s designee, principal, or a staff member. 53G-8-405(2) A person receiving information under Section 53G-8-403 or 80-6-103 is immune from any liability, civil or criminal, for acting or failing to act in response to the information unless the person acts or fails to act due to malice, gross negligence, or deliberate indifference to the consequences.

Substance Abuse Reporting and Weapons Notification

53G-8-501 - Definitions.

For purposes of Sections 53G-8-502 through 53G-8-504 : 53G-8-501(1) “Educator” means a person employed by a public school, but excludes those employed by institutions of higher education. 53G-8-501(2) “Prohibited act” means an act prohibited by Section 53G-8-602, relating to alcohol; Section 58-37-8, relating to controlled substances; or Section 58-37a-5, relating to drug paraphernalia.

53G-8-502 - Mandatory reporting of prohibited acts.

If an educator has reasonable cause to believe that a student at the public school where the educator is employed has committed a prohibited act, he shall immediately report that to the school’s designated educator.

53G-8-503 - Reporting procedure.

53G-8-503(1) The principal of a public school affected by this chapter shall appoint one educator as the “designated educator” to make all reports required under Sections 53G-8-501 through 53G-8-504. 53G-8-503(2) The designated educator, upon receiving a report of a prohibited act from an educator under Section 53G-8-502, shall immediately report the violation to the student’s parent, and may report the violation to an appropriate law enforcement agency or official, in accordance with Section 53G-8-211. 53G-8-503(3) The designated educator may not disclose to the student or to the student’s parent the identity of the educator who made the initial report.

53G-8-504 - Immunity from civil or criminal liability.

An educator who in good faith makes a report under Sections 53G-8-502 and 53G-8-503 is immune from any liability, civil or criminal, that might otherwise result from that action.

53G-8-505 - Definitions.

For purposes of Sections 53G-8-506 through 53G-8-509 : 53G-8-505(1) The definitions in Sections 58-37-2, 58-37a-3, and 58-37b-2 apply to Sections 53G-8-506 through 53G-8-509. 53G-8-505(2) “Prohibited act” means:

an act punishable under Section 53G-8-602, Section 58-37-8, Section 58-37a-5, or Title 58, Chapter 37b, Imitation Controlled Substances Act; or possession of an electronic cigarette product by a student on school property. 53G-8-505(3) “School” means a public or private elementary or secondary school.

53G-8-506 - Reporting of prohibited acts affecting a school — Confidentiality.

53G-8-506(1) A person who has reasonable cause to believe that an individual has committed a prohibited act shall, in accordance with Section 53G-8-211, immediately notify:

the principal; an administrator of the affected school; the superintendent of the affected school district; or an administrator of the affected school district. 53G-8-506(2) If notice is given to a school official, the official may authorize an investigation into allegations involving school property, students, or school district employees. 53G-8-506(3) A school official may only refer a complaint of an alleged prohibited act reported as occurring on school property or in connection with school-sponsored activities to an appropriate law enforcement agency in accordance with Section 53G-8-211. 53G-8-506(4) The identity of persons making reports pursuant to this section shall be kept confidential.

53G-8-507 - Immunity from civil or criminal liability.

Any person, official, or institution, other than a law enforcement officer or law enforcement agency, participating in good faith in making a report or conducting an investigation under the direction of school or law enforcement authorities under Section 53G-8-505 , 53G-8-506 , 53G-8-508 , or 53G-8-509 , is immune from any liability, civil or criminal, that otherwise might result by reason of that action.

53G-8-508 - Admissibility of evidence in civil and criminal actions.

53G-8-508(1) Evidence relating to a violation of Section 53G-8-505, 53G-8-506, 53G-8-507, or 53G-8-509, which is seized by school authorities acting alone, on their own authority, and not in conjunction with or at the behest of law enforcement authorities is admissible in civil and criminal actions. 53G-8-508(2) An LEA shall dispose of or destroy seized electronic cigarette products in accordance with the LEA’s policies adopted under Subsection 53G-8-203(3). 53G-8-508(3) A search under this section must be based on at least a reasonable belief that the search will turn up evidence of a violation of this part. The measures adopted for the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the circumstances, including the age and sex of the person involved and the nature of the infraction.

53G-8-509 - State board rules to ensure protection of individual rights.

The state board and LEA governing boards shall adopt rules or policies to implement Sections 53G-8-505 through 53G-8-508 . The rules or policies shall establish procedures to ensure protection of individual rights against excessive and unreasonable intrusion.

53G-8-510 - Notification of an offense committed by a minor on school grounds — Immunity from civil and criminal liability.

53G-8-510(1) As used in this section:“Minor” means the same as that term is defined in Section 80-1-102.”School employee” means an individual working in the individual’s capacity as:a school teacher;a school staff member;a school administrator; oran individual:who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; andwho works on a school campus.”School is in session” means the same as that term is defined in Section 53E-3-516.”School-sponsored activity” means the same as that term is defined in Section 53E-3-516. 53G-8-510(2) If a minor commits an offense on school grounds when school is in session or at a school-sponsored activity and that information is reported to, or known by, a school employee, the school employee shall notify the principal. 53G-8-510(3) After receiving a notification under Subsection (2), the principal shall notify:a law enforcement officer or agency if the principal may refer the offense to a law enforcement officer or agency as described in Section 53G-8-211; andschool or district personnel if the principal determines that school or district personnel should be informed. 53G-8-510(4) A person who in good faith reports information under Subsection (2) or (3) and any person who receives the information is immune from any liability, civil or criminal, that might otherwise result from the reporting or receipt of the information.

Criminal Offenses and Traffic Ordinances

53G-8-601 - Definitions.

53G-8-602 - Possession or consumption of alcoholic beverages at school or school-sponsored activities — Penalty.

53G-8-602(1) Except as approved by a local school board as part of the curriculum, a person may not possess or drink an alcoholic beverage:

inside or on the grounds of any building owned or operated by a part of the public education system; or in those portions of any building, park, or stadium which are being used for an activity sponsored by or through any part of the public education system. 53G-8-602(2) Subsection (1)(a) does not apply to property owned by a school district in contemplation of future use for school purposes while the property is under lease to another party. For purposes of Subsection (2)(a), a lease must be full time for a period of not less than two years. The property may not be used for school purposes at any time during the lease period. 53G-8-602(3) Violation of this section is a class B misdemeanor.

53G-8-603 - Criminal trespass upon school property — Penalty.

53G-8-603(1) As used in this section:“Enter” means intrusion of the entire body upon school property.”Remain unlawfully” means that a person remains on property when the person is not licensed or privileged to remain on the property.”School property” means a school.”School property” does not mean LEA offices or any other property an LEA owns or controls that is not a school. 53G-8-603(2) A person is guilty of criminal trespass upon school property if the person does the following:enters or remains unlawfully upon school property, and:intends to cause annoyance or injury to a person or damage to property on the school property;intends to commit a crime; oris reckless as to whether the person’s presence will cause fear for the safety of another; orenters or remains without authorization upon school property if notice against entry or remaining has been given by:personal communication to the person by a school official or an individual with apparent authority to act for a school official;the posting of signs reasonably likely to come to the attention of trespassers;fencing or other enclosure obviously designed to exclude trespassers; ora current order of suspension or expulsion. 53G-8-603(3) Violation of this section is a class B misdemeanor.

53G-8-604 - Traffic ordinances on school property — Enforcement.

53G-8-604(1) A local political subdivision in which real property is located that belongs to, or is controlled by, the state board, an LEA governing board, an area vocational center, or the Utah Schools for the Deaf and the Blind may, at the request of the responsible board of education or institutional council, adopt ordinances for the control of vehicular traffic on that property. 53G-8-604(2) A law enforcement officer whose jurisdiction includes the property in question may enforce an ordinance adopted under Subsection (1).

School Safety Personnel

53G-8-701 - Definitions.

As used in this part: 53G-8-701(1) “Armed school security guard” means the same as that term is defined in Section 53G-8-704. 53G-8-701(2) “County security chief” means the same as that term is defined in Section 53-22-101. 53G-8-701(3) “Law enforcement agency” means the same as that term is defined in Section 53-1-102. 53G-8-701(4) “Public school” means the same as that term is defined in Section 53G-9-205.1. 53G-8-701(5) “School guardian” means the same as that term is defined in Section 53-22-106. 53G-8-701(6) “School is in session” means the same as that term is defined in Section 53E-3-516. 53G-8-701(7) “School resource officer” means a law enforcement officer, as defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts with an LEA to provide law enforcement services for the LEA. 53G-8-701(8) “School safety and security director” means an individual whom an LEA designates in accordance with Section 53G-8-701.8. 53G-8-701(9) “School safety and security specialist” means a school employee designated under Section 53G-8-701.6 who is responsible for supporting school safety initiatives. 53G-8-701(10) “School Safety Center” means the same as that term is defined in Section 53G-8-801. 53G-8-701(11) “State security chief” means the same as that term is defined in Section 53-22-101.

53G-8-701.5 - School safety needs assessment — School safety personnel — Alternative requirements.

53G-8-701.5(1) In accordance with Subsections (1)(c) through (e), no later than October 15 of an applicable year, an LEA shall:ensure a school safety needs assessment the state security chief selects in collaboration with the school safety center is conducted in accordance with Subsection (1)(b) for each school or K-12 campus within the LEA to determine the needs and deficiencies regarding:appropriate school safety personnel, including necessary supports, training, and policy creation for the personnel;physical building security and safety, including required upgrades to facilities and safety technology;a school’s current threat and emergency response protocols, including any emergency response agreements with local law enforcement; cardiac emergency preparedness, including an inventory of whether automated external defibrillators are present and accessible, maintenance status, and current staff training offerings; andcompliance with universal access key box requirements under Section 53G-8-805; andreport the results of the school safety needs assessment for each school within the LEA to the state security chief and the School Safety Center.The school safety specialist described in Section 53G-8-701.6, in collaboration with the county security chief, and with the local law enforcement of relevant jurisdiction over the school as described in Section 53-25-701, shall conduct the school safety needs assessment for each school.A school safety and security director may fulfill the role of a school safety and security specialist in conducting the school safety needs assessment.The school safety needs assessment required under Subsection (1)(a)(i) shall be conducted at least once every three years for each school or K-12 campus.An LEA may implement a rotating or staggered schedule for conducting school safety needs assessments among the buildings within the LEA, provided that: each school within a K-12 campus is assessed at least once every three years; andthe LEA documents the rotating or staggered assessment schedule and shares this schedule with the state security chief, the School Safety Center, the county security chief, and the local law enforcement of relevant jurisdiction as described in Section 53-25-701.The LEA shall update the assessment schedule as necessary to ensure compliance with the three-year assessment requirement under Subsection (1)(c).The state board shall use the results of the school safety needs assessment for each school within an LEA to award a grant to an LEA in accordance with Section 53F-5-220.Any information or record detailing a school’s needs assessment results 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;the School Safety Center;members of an LEA governing board;administrators of the LEA and school the needs assessment concerns;only to the extent necessary to award a grant under Section 53F-5-220, the state board;the applicable school safety personnel described in Subsection (2);a local law enforcement agency that would respond to the school in case of an emergency; andthe county security chief.An individual who intentionally or knowingly provides the information described in Subsection (1)(g) to an individual or entity not listed in Subsection (1)(g)(ii) is guilty of a class B misdemeanor. 53G-8-701.5(2) An LEA shall ensure each school within the LEA has the following school safety personnel:a school safety and security specialist described in Section 53G-8-701.6; andbased on the results of the needs assessment described in Subsection (1), at least one of the following:a school resource officer;a school guardian; oran armed school security guard.In addition to the school safety personnel described in Subsection (2)(a), an LEA shall designate a school safety and security director described in Section 53G-8-701.8.The same individual may serve in more than one of the roles listed in Subsections (2)(a) and (b) if the school notifies the School Safety Center and the state security chief of the decision to have the same individual serve in multiple roles as described in this Subsection (2).An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA has completed the school safety needs assessment described in Subsection (1).The state security chief in consultation with the School Safety Center shall establish a timeline for an LEA to comply with the school safety personnel requirements of this Subsection (2). 53G-8-701.5(3) An LEA, school administrator, or private school may apply to the state security chief for an approved alternative to the requirements described in:Section 53-22-105;this section;Section 53G-8-701.6;Section 53G-8-701.8; andSection 53G-8-704.In approving or denying an application described in Subsection (3)(a), the state security chief may consider factors that impact a school or LEA’s ability to adhere to the requirements of this section, including the school or LEA’s:population size;staffing needs or capacity;geographic location;available funding; orgeneral demonstration of need for an alternative to the requirements of this section. 53G-8-701.5(4) A private school shall identify an individual at the private school to serve as the safety liaison with the local law enforcement of relevant jurisdiction and the state security chief.

53G-8-701.6 - School safety and security specialist.

53G-8-701.6(1) As used in this section, “principal” means the chief administrator at a public school, including:a school principal;a charter school director; orthe superintendent of the Utah Schools for the Deaf and the Blind. 53G-8-701.6(2) Subject to Subsection (2)(b) and except as provided in Subsection 53G-8-701.5(3), every campus within an LEA shall designate a school safety and security specialist from the employees of the relevant campus.The school safety and security specialist:may not be a principal; andmay be the school safety and security director at one campus within the LEA. 53G-8-701.6(3) The school safety and security specialist shall:report directly to the principal;oversee school safety and security practices to ensure a safe and secure school environment for students and staff;ensure adherence with all policies, procedures, protocols, rules, and regulations relating to school safety and security through collaborating and maintaining effective communications with the following as applicable:the principal;school staff;the school resource officer;the armed school security guard;the school guardian;local law enforcement;the county security chief;the school safety and security director;the LEA; andschool-based behavioral and mental health professionals;in collaboration with the county security chief and with the local law enforcement of relevant jurisdiction over the school as described in Section 53-25-701:conduct the school safety needs assessment described in Section 53G-8-701.5; in accordance with Sections 53-25-701 and 53G-8-701.5, submit the completed assessments to the School Safety Center created in Section 53G-8-802 by October 15 of each year; 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;participate on the multidisciplinary team that the school establishes;conduct a behavioral threat assessment when the school safety and security specialist deems necessary using an evidence-based tool the state security chief recommends in consultation with the school safety center and the Office of Substance Use and Mental Health;regularly monitor and report to the principal, local law enforcement, and, if applicable, the LEA superintendent or designee, security risks for the school resulting from:issues with school facilities; orthe implementation of practices, policies, procedures, and protocols relating to school safety and security;coordinate with local first responder agencies to implement and monitor safety and security drills in accordance with policy and applicable procedures and protocols;ensure that school staff, and, when appropriate, students, receive training on and remain current on the school’s safety and security procedures and protocols;following an event where security of the school has been significantly compromised, organize a debriefing with the individuals listed in Subsection (3)(c) following the recommendations from the state security chief, in collaboration with the School Safety Center, regarding strengthening school safety and security practices, policies, procedures, and protocols;abide by any LEA, school, or law enforcement agency policy outlining the chain of command;during an emergency, coordinate with the following individuals as applicable, the:school resource officer;school guardians;armed school security guards;school administrators; andresponding law enforcement officers;follow any LEA, school, or law enforcement agency student privacy policies, including state and federal privacy laws;participate in an annual training the state security chief selects in consultation with the School Safety Center; andremain current on:a comprehensive school guideline the state security chief selects;the duties of a school safety and security specialist described in this Subsection (3); andthe school’s emergency response plan. 53G-8-701.6(4) During an active emergency at the school, the school safety and security specialist is subordinate to any responding law enforcement officers.

53G-8-701.8 - School safety and security director.

53G-8-701.8(1) Except as provided in Subsection 53G-8-701.5(3), an LEA shall designate a school safety and security director as the LEA point of contact for the county security chief, local law enforcement, and the state security chief. 53G-8-701.8(2) A school safety and security director shall:participate in and satisfy the training requirements as follows:only once, the training requirements described in Section 53-22-105 for school guardians; andthe school resource officer and administrator training the state security chief approves in consultation with the School Safety Center; if serving as a backup school guardian, satisfy all requirements described in 53-22-105;if the designee is an employee of an LEA, participate on the multidisciplinary team the LEA establishes;coordinate security responses among, if applicable, the following individuals in the LEA that employs the school safety and security director:school safety and security specialists;school resource officers;armed school security guards; andschool guardians; andcollaborate and maintain effective communications with local law enforcement, a county security chief, the LEA, and school-based behavioral and mental health professionals to ensure adherence with all policies, procedures, protocols, rules, and regulations relating to school safety and security. 53G-8-701.8(3) A school safety and security director:does not have authority to act in a law enforcement capacity; andmay, at the LEA that employs the director:take actions necessary to prevent or abate an active threat; andtemporarily detain an individual when the school safety and security director has reasonable cause to believe the individual has committed or is about to commit a forcible felony. 53G-8-701.8(4) Notwithstanding Subsection 76-11-205(4), if a school safety and security director is carrying a firearm, the school safety and security director shall carry the school safety and security director’s firearm in a concealed manner and may not, unless during an active threat, display or open carry a firearm while on school grounds. 53G-8-701.8(5) A school may use the services of the school safety and security director on a temporary basis to satisfy the school safety personnel requirement of Subsection 53G-8-701.5(2). 53G-8-701.8(6) The state security chief shall:for each school safety and security director, track each school safety and security director by collecting the photograph and the name and contact information for each school safety and security director; andmake the information described in Subsection (6)(a) readily available to each law enforcement agency in the state categorized by LEA.

53G-8-702 - School administrator and school resource officer training — Curriculum.

53G-8-702(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state security chief appointed under Section 53-22-102 in consultation with the state board, shall make rules that prepare and make available an annual program for school principals, school personnel, school safety personnel described in Section 53G-8-701.5, and school resource officers to attend. 53G-8-702(2) To create the curriculum and materials for the training program described in Subsection (1), the state security chief, in consultation with the School Safety Center, shall:work in conjunction with the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201;solicit input from local school boards, charter school governing boards, and the Utah Schools for the Deaf and the Blind;consult with a nationally recognized organization that provides resources and training for school resource officers;solicit input from local law enforcement and other interested community stakeholders; andconsider the current United States Department of Education recommendations on school discipline and the role of a school resource officer. 53G-8-702(3) The training program described in Subsection (1) shall be for a minimum time established by the state security chief in accordance with Subsection (1) and may include training on the following:childhood and adolescent development;responding age-appropriately to students;working with disabled students;techniques to de-escalate and resolve conflict;cultural awareness;restorative justice practices;identifying a student exposed to violence or trauma and referring the student to appropriate resources;student privacy rights;negative consequences associated with youth involvement in the juvenile and criminal justice systems;strategies to reduce juvenile justice involvement;roles of and distinctions between a school resource officer and other school staff who help keep a school secure;the standard response protocol and drills described in Section 53G-8-803;an overview of the agreement described in Section 53G-8-703;developing and supporting successful relationships with students; andlegal parameters of searching and questioning students on school property. 53G-8-702(4) The School Safety Center shall work together with the Department of Public Safety, the State Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish policies, procedures, and training requirements for school resource officers.

53G-8-703 - Contracts between an LEA and law enforcement for school resource officer services — Requirements — LEA establishment of a school resource officer policy — Public comment.

53G-8-703(1) An LEA may use a school resource officer to satisfy the school safety personnel requirements of Section 53G-8-701.5.An LEA that uses a school resource officer under Subsection (1)(a) shall contract with a local law enforcement agency to provide school resource officer services. 53G-8-703(2) An LEA contract with a law enforcement agency to provide school resource officer services at the LEA shall require in the contract:an acknowledgment by the law enforcement agency that a school resource officer hired under the contract shall:provide for and maintain a safe, healthy, and productive learning environment in a school;act as a positive role model to students;work to create a cooperative, proactive, and problem-solving partnership between law enforcement and the LEA;emphasize the use of restorative approaches to address negative behavior; andat the request of the LEA, teach a vocational law enforcement class;a description of the shared understanding of the LEA and the law enforcement agency regarding the roles and responsibilities of law enforcement and the LEA to:maintain safe schools;improve school climate; andsupport educational opportunities for students;a designation of student offenses that, in accordance with Section 53G-8-211, the school resource officer:may refer to the juvenile court;shall confer with the LEA to resolve; andshall refer to a school administrator for resolution as an administrative issue with the understanding that the school resource officer will be informed of the outcome of the administrative issue;a detailed description of the rights of a student under state and federal law with regard to:searches;questioning;arrests; andinformation privacy;a detailed description of:job assignment and duties, including:the school to which the school resource officer will be assigned;the hours the school resource officer is expected to be present at the school;the point of contact at the school;specific responsibilities for providing and receiving information; andtypes of records to be kept, and by whom;training requirements; andother expectations of the school resource officer and school administration in relation to law enforcement at the LEA;that a school resource officer who is hired under the contract and the principal at the school where a school resource officer will be working, or the principal’s designee, will jointly complete the school resource officer training described in Section 53G-8-702;that both parties agree to jointly discuss school resource officer applicants; that the law enforcement agency will, at least annually, seek out and accept feedback from an LEA about a school resource officer’s performance; anda designation of the school resource officer or the law enforcement agency’s designee as “school officials” for purposes of the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99. 53G-8-703(3) An LEA may not require or prohibit mandatory rotations of school resource officers as part of the contract described in Subsection (2). 53G-8-703(4) An LEA that uses a school resource officer under Subsection (1)(a) shall establish a school resource officer policy. 53G-8-703(5) The school resource officer policy described in Subsection (4) shall include:the contract described in Subsection (2); andall other procedures and requirements governing the relationship between the LEA and a school resource officer. 53G-8-703(6) Before implementing the school resource officer policy described in Subsection (4), the LEA shall present the school resource officer policy at a public meeting and receive public comment on the school resource officer policy.

53G-8-704 - Contracts between an LEA and a contract security company for armed school security guards.

53G-8-704(1) As used in this section:“Armed private security officer” means the same as that term is defined in Section 58-63-102.”Armed school security guard” means an armed private security officer who:is licensed as an armed private security officer under Title 58, Chapter 63, Security Personnel Licensing Act; andhas met the requirements described in Subsection (4)(a).”Contract security company” means the same as that term is defined in Section 58-63-102.”State security chief” means the same as that term is defined in Section 53-22-102. 53G-8-704(2) An LEA may use an armed school security guard to satisfy the school safety personnel requirements of Section 53G-8-701.5.An LEA that uses an armed school security guard under Subsection (2)(a) shall contract with a contract security company to provide armed school security guards at each school within the LEA. 53G-8-704(3) The contract described in Subsection (2)(b) shall include a detailed description of:the rights of a student under state and federal law with regard to:searches;questioning;arrests; andinformation privacy;job assignment and duties of an armed school security guard, including:the school to which an armed school security guard will be assigned;the hours an armed school security guard is present at the school;the point of contact at the school that an armed school security guard will contact in case of an emergency;specific responsibilities for providing and receiving information;types of records to be kept, and by whom; andtraining requirements; andother expectations of the contract security company in relation to school security at the LEA. 53G-8-704(4) In addition to the requirements for licensure under Title 58, Chapter 63, Security Personnel Licensing Act, an armed private security officer may only serve as an armed school security guard under a contract described in Subsection (2)(b) if the armed private security officer:has a valid concealed carry permit issued under Title 53, Chapter 5a, Part 3, Concealed Firearm Permits;has undergone training from a county security chief or local law enforcement agency regarding:the safe loading, unloading, storage, and carrying of firearms in a school setting;the role of armed security guards in a school setting; andcoordination with law enforcement and school officials during an active threat;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.An armed school security guard that meets the requirements of Subsection (4)(a) shall, in order to remain eligible to be assigned as an armed school security guard at any school under a contract described in Subsection (2)(b), participate in and satisfy the training requirements of the initial, annual, and biannual trainings as defined in Section 53-22-105. 53G-8-704(5) An armed school security guard may conceal or openly carry a firearm at the school at which the armed school security guard is employed under the contract described in Subsection (2)(b). 53G-8-704(6) An LEA that enters a contract under this section shall inform the state security chief and the relevant county security chief of the contract and provide the contact information of the contract security company employing the armed security guard for use during an emergency. 53G-8-704(7) The state security chief shall:for each LEA that contracts with a contract security company under this section, track each contract security company providing armed school security guards by name and the contact information for use in case of an emergency; andmake the information described in Subsection (7)(a) readily available to each law enforcement agency in the state by school. 53G-8-704(8) An armed school security guard shall file a report described in Subsection (9) if, during the performance of the armed school security guard’s duties, the armed school security guard:points a firearm at an individual; oraims a conductive energy device at an individual and displays the electrical current. 53G-8-704(9) A report described in Subsection (8) 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.An armed school security guard shall submit a report required under Subsection (8) 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 (9)(b).

State Safety and Support Program

53G-8-801 - Definitions.

As used in this section: 53G-8-801(1) “Law enforcement officer” means the same as that term is defined in Section 53-13-103. 53G-8-801(2) “School Safety Center” means the entity established in Section 53G-8-802. 53G-8-801(3) “State security chief” means the same as that term is defined in Section 53-22-101.

53G-8-802 - State Safety and Support Program — State board duties — LEA duties.

53G-8-802(1) There is created the School Safety Center. 53G-8-802(2) The School Safety Center shall:develop in conjunction with the Office of Substance Use and Mental Health and the state security chief model student safety and support policies for an LEA, including:requiring an evidence-based behavior threat assessment that includes recommended interventions with an individual whose behavior poses a threat to school safety;procedures for referrals to law enforcement; andprocedures for referrals to a community services entity, a family support organization, or a health care provider for evaluation or treatment;provide training in consultation with the state security chief:in school safety;in evidence-based approaches to improve school climate and address and correct bullying behavior;in evidence-based approaches in identifying an individual who may pose a threat to the school community;in evidence-based approaches in identifying an individual who may be showing signs or symptoms of mental illness;on permitted disclosures of student data to law enforcement and other support services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections 53E-9-203 and 53E-9-305; andfor administrators on rights and prohibited acts under:Chapter 9, Part 6, Bullying and Hazing;Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; andthe Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;conduct and disseminate evidence-based research on school safety concerns;disseminate information on effective school safety initiatives;encourage partnerships between public and private sectors to promote school safety;provide technical assistance to an LEA in the development and implementation of school safety initiatives;in conjunction with the state security chief, make available to an LEA the model critical incident response training program a school and law enforcement agency shall use during a threat;provide space for the public safety liaison described in Section 53-1-106 and the school-based mental health specialist described in Section 26B-5-102;collaborate with the state security chief to determine appropriate application of school safety requirements in Utah Code to an online school;create a model school climate survey that may be used by an LEA to assess stakeholder perception of a school environment; in accordance with Section 53G-5-202, establish a charter school liaison including defined responsibilities for charter school communication and coordination with the School Safety Center; andassist a foundation described in Section 53-22-108 in distributing school safety products if a foundation seeks assistance;establishes defined roles for a multidisciplinary team and school safety personnel described in Chapter 8, Part 7, School Safety Personnel;assist LEAs in implementing and maintaining universal access key box requirements under Section 53G-8-805;in consultation with the state security chief, select a system to track relevant data, including the tracking required in Sections 53-22-105, 53G-8-701.5, 53G-8-701.8, and 53G-8-704; andcollect aggregate data and school climate survey results from an LEA that administers the model school climate survey described in Subsection (2)(j). 53G-8-802(3) Nothing in this section requires:an individual to respond to a school climate survey; oran LEA to use the model school climate survey or any specified questions in the model school climate survey described in Subsection (2)(j). 53G-8-802(4) The state board shall require an LEA to:if an LEA administers a school climate survey, review school climate data for each school within the LEA; andbased on the review described in Subsection (4)(a)(i):revise practices, policies, and training to eliminate harassment and discrimination in each school within the LEA;adopt a plan for harassment- and discrimination-free learning; andhost outreach events or assemblies to inform students and parents of the plan adopted under Subsection (4)(a)(ii)(B);no later than September 1 of each school year, send a notice to each student, parent, and LEA staff member stating the LEA’s commitment to maintaining a school climate that is free of harassment and discrimination; andreport to the state board annually on the LEA’s implementation of the plan under Subsection (4)(a)(ii)(B) and progress.

53G-8-803 - Standard response protocol to active threats in schools.

The state security chief described in Section 53-22-102 , in consultation with the School Safety Center, shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: 53G-8-803(1) in accordance with the standard response protocol established by the state security chief, require an LEA or school to develop emergency preparedness plans and emergency response plans for use during an emergency that include developmentally appropriate training for students and adults regarding:active threats;emergency preparedness;cardiac emergency preparedness;drills as required under Subsection 15A-5-202.5 and by the state security chief; andstandard response protocols coordinated with community stakeholders; and 53G-8-803(2) identify the necessary components of emergency preparedness and response plans, including underlying standard response protocols and emerging best practices for an emergency.

53G-8-805 - Panic alert device — Security cameras — Key box.

53G-8-805(1) As used in this section:“Universal access key box” means a UL Standard 1037 compliant secure container designed to store and protect emergency access keys and devices.”Emergency responder” means law enforcement, fire service, or emergency medical personnel authorized by local authorities to respond to school emergencies. 53G-8-805(2) In accordance with the results of the school safety needs assessment described in Section 53G-8-701.5, an LEA shall provide the lead teacher in each classroom with a wearable panic alert device that shall communicate directly with public safety answering points. 53G-8-805(3) An LEA shall ensure, before the school year begins, all school building personnel receive training on the protocol and appropriate use of the panic alert device described in Subsection (2). 53G-8-805(4) An LEA shall:ensure all security cameras within a school building are accessible by: a local law enforcement agency; andpublic safety answering points;coordinate with a local law enforcement agency to establish appropriate access protocols; andphysically mark all hallways and doorways consistent with the incident response method or system the state security chief creates. 53G-8-805(5) A school building shall include universal access key boxes that:are installed at main entry points;contain master keys and access devices providing complete access to all areas of the school;are accessible only to authorized emergency responders;are electronically monitored for tampering; andare weather-resistant and vandal-resistant. 53G-8-805(6) An LEA shall:maintain universal access key boxes by:conducting quarterly inspections;updating contents within 24 hours of any lock or access control changes;maintaining current key and access device inventories;documenting all inspections and updates; andimmediately replacing any damaged or malfunctioning boxes;coordinate with local emergency responders to:determine optimal box placement;establish access protocols;maintain current emergency contact information; andconduct annual reviews of box usage and effectiveness;include universal access key box locations and protocols in:school emergency response plans;building schematic diagrams provided to emergency responders; andschool safety and security training materials. 53G-8-805(7) The state board shall:establish standards for:box installation and placement;access control and monitoring;maintenance schedules; andcompliance verification;in direct coordination with the state security chief, ensure new construction or major remodeling of a school building shall include the installation of automated external defibrillators in appropriate locations as the state board determines; andprovide technical assistance to LEAs implementing this section. 53G-8-805(8) Nothing in this section:affects requirements for fire department key boxes under applicable building or fire codes; orrestricts additional security measures implemented by LEAs that exceed these requirements. 53G-8-805(9) This section is not subject to the restrictions in Section 41-6a-2003.