Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 92 (2017GS)

Sponsor

Rep. Moss, C.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• amends provisions related to the infliction of corporal punishment on a student;
• amends provisions related to the use of physical restraint in schools;
• amends provisions related to a student who willfully defaces or otherwise damages school property; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

PHYSICAL RESTRAINT IN SCHOOLS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to the use of physical restraint in schools.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends provisions related to the infliction of corporal punishment on a student;
▸ amends provisions related to the use of physical restraint in schools;
▸ amends provisions related to a student who willfully defaces or otherwise damages
school property; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-11-801
, as enacted by Laws of Utah 1992, Chapter 251
53A-11-802
, as enacted by Laws of Utah 1992, Chapter 251
53A-11-806
, as last amended by Laws of Utah 2008, Chapter 3
53A-11-902
, as last amended by Laws of Utah 2015, Chapter 442
62A-4a-1002
, as last amended by Laws of Utah 2008, Chapters 45 and 299
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-11-801
 is amended to read:
53A-11-801.
Definitions.
As used in this part:
[
(1) "Child" or "minor child" means a person:
]
[
(a) under the age of 18; or
]
[
(b) under the age of 23 who is receiving educational services as an individual with a
disability.
]
[
(2)
] 
(1)
 "Corporal punishment" means the intentional infliction of physical pain upon
the body of a [
minor child
] 
student
 as a disciplinary measure.
[
(3) "School" means any public or private elementary or secondary school, pre-school,
care center, nursery school, or business which receives compensation for supervising or
educating a child.
]
(2) "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.
(3) "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.
(4) "School" means a public or private elementary school, secondary school, or
preschool.
(5) "Student" means an individual who is:
(a) under the age of 19 and receiving educational services; or
(b) under the age of 23 and receiving educational services as an individual with a
disability.
Section 2. Section 
53A-11-802
 is amended to read:
53A-11-802.
Prohibition of corporal punishment -- Use of reasonable and
necessary physical restraint.
(1) A school employee may not inflict or cause the infliction of corporal punishment
upon a [
child who is receiving services from the school, unless written permission has been
given by the student's parent or guardian to do so.
] 
student.
(2) [
This section does not prohibit the use of
] 
A school employee may use
 reasonable
and necessary physical restraint [
or force
] in self defense or 
when
 otherwise appropriate to the
circumstances to:
(a) obtain possession of a weapon or other dangerous object in the possession or under
the control of a [
child
] 
student
;
(b) protect [
the child
] 
a student
 or another [
person
] 
individual
 from physical injury;
(c) remove from a situation a [
child
] 
student
 who is violent [
or disruptive
]; or
(d) protect property from being damaged
, when physical safety is at risk
.
(3) Nothing in this section prohibits a school employee from using less intrusive
means, including a physical escort, to address circumstances described in Subsection (2).
[
(3)
] 
(4)
 (a) Any rule, ordinance, policy, practice, or directive which purports to direct
or permit the commission of an act prohibited by this part is void and unenforceable.
(b) An employee may not be subjected to any sanction for failure or refusal to commit
an act prohibited under this part.
[
(4)
] 
(5)
 A parochial or private school 
that does not receive state funds to provide for
the education of a student
 may exempt itself from the provisions of this section by adopting a
policy to that effect and notifying the parents or guardians of [
children
] 
students
 in the school
of the exemption.
(6) This section does not apply to a law enforcement officer as defined in Section
53-13-103
.
Section 3. Section 
53A-11-806
 is amended to read:
53A-11-806.
Defacing or damaging school property -- Student's liability -- Work
program alternative.
(1) [
Any
] 
A
 student who willfully defaces or otherwise [
injures
] 
damages
 any school
property may be suspended or otherwise disciplined.
(2) (a) [
Any school district whose
] 
If a school's
 property has been lost or willfully cut,
defaced, or otherwise [
injured may
] 
damaged, the school may
 withhold the issuance of 
an
official written grade [
reports
] 
report
, diploma, [
and transcripts
] 
or transcript
 of the student
responsible for the damage or loss until the student or the student's parent or guardian has paid
for the damages.
(b) The student's parent or guardian is liable for damages as otherwise provided in
Section 
78A-6-1113
.
(3) (a) If the student and the student's parent or guardian are unable to pay for the
damages or if it is determined by the school in consultation with the student's [
parents
] 
parent
or guardian
 that the student's interests would not be served if the [
parents
] 
parent or guardian
were to pay for the damages, [
then,
] the school [
district
] shall provide for a program of
[
voluntary
] work [
for
] the student 
may complete
 in lieu of the payment.
(b) The [
district
] 
school
 shall release the official grades, diploma, and transcripts of the
student upon completion of the [
voluntary
] work.
(4) Before any penalties are assessed under this section, the [
local school board
] 
school
shall adopt procedures to [
insure
] 
ensure
 that the student's right to due process is protected.
(5) No penalty may be assessed for damages which may be reasonably attributed to
normal wear and tear.
(6) If the Department of Human Services or a licensed child-placing agency has been
granted custody of the student, [
that
] 
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.
Section 4. Section 
53A-11-902
 is amended to read:
53A-11-902.
Conduct and discipline policies and procedures.
The conduct and discipline policies required under Section 
53A-11-901
 shall include:
(1) provisions governing student conduct, safety, and welfare;
(2) 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;
(3) procedures for the development of remedial discipline plans for students who cause
a disruption at any of the places referred to in Subsection (2);
(4) procedures for the use of reasonable and necessary physical restraint [
or force
] in
dealing with [
disruptive
] students 
posing a danger to themselves or others
, consistent with
Section 
53A-11-802
;
(5) standards and procedures for dealing with student conduct in locations other than
those referred to in Subsection (2), if the conduct threatens harm or does harm to:
(a) the school;
(b) school property;
(c) a person associated with the school; or
(d) property associated with a person described in Subsection (5)(c);
(6) procedures for the imposition of disciplinary sanctions, including suspension and
expulsion;
(7) specific provisions, consistent with Section 
53A-15-603
, 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;
(8) standards and procedures for dealing with habitual disruptive 
or unsafe
 student
behavior in accordance with the provisions of this part; and
(9) procedures for responding to reports received through the School Safety and Crisis
Line under Subsection 
53A-11-1503
(3).
Section 5. Section 
62A-4a-1002
 is amended to read:
62A-4a-1002.
Definitions.
As used in this part:
(1) (a) Except as provided in Subsection (1)(b), "severe type of child abuse or neglect"
means:
(i) if committed by a person 18 years of age or older:
(A) chronic abuse;
(B) severe abuse;
(C) sexual abuse;
(D) sexual exploitation;
(E) abandonment;
(F) chronic neglect; or
(G) severe neglect; or
(ii) if committed by a person under the age of 18:
(A) serious physical injury, as defined in Subsection 
76-5-109
(1), to another child
which indicates a significant risk to other children; or
(B) sexual behavior with or upon another child which indicates a significant risk to
other children.
(b) "Severe type of child abuse or neglect" does not include:
(i) the use of reasonable and necessary physical restraint [
or force
] by an educator in
accordance with Subsection 
53A-11-802
(2) or Section 
76-2-401
;
(ii) a person's conduct that:
(A) is justified under Section 
76-2-401
; or
(B) constitutes the use of reasonable and necessary physical restraint or force in
self-defense or otherwise appropriate to the circumstances to obtain possession of a weapon or
other dangerous object in the possession or under the control of a child or to protect the child or
another person from physical injury; or
(iii) a health care decision made for a child by the child's parent or guardian, unless,
subject to Subsection 
62A-4a-1004
(2), the state or other party to the proceeding shows, by
clear and convincing evidence, that the health care decision is not reasonable and informed.
(2) "Significant risk" means a risk of harm that is determined to be significant in
accordance with risk assessment tools and rules established by the division that focus on:
(a) age;
(b) social factors;
(c) emotional factors;
(d) sexual factors;
(e) intellectual factors;
(f) family risk factors; and
(g) other related considerations.