Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 161 First Substitute (2017GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/21/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions related to bullying and hazing;
• requires a school board to update the school board's policy regarding bullying, cyber-bullying, hazing, and retaliation by September 1, 2018;
• requires employees, students, and parents to sign a statement annually acknowledging understanding of the school board's policy;
• requires the State Board of Education to require a school board to report on compliance with a requirement for employees, students, and parents to sign a statement acknowledging understanding of a school board's policy;
• requires the State Board of Education to make rules describing standards for training regarding bullying, cyber-bullying, hazing, and retaliation;
• requires that the training of school employees related to bullying, cyber-bullying, hazing, and retaliation meets standards described in State Board of Education rule; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BULLYING AND HAZING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
 Steve Eliason
LONG TITLE
General Description:
This bill modifies provisions related to bullying and hazing of school employees and
students. 
Highlighted Provisions:
This bill:
▸ amends definitions related to bullying and hazing;
▸ requires a school board to update the school board's policy regarding bullying,
cyber-bullying, hazing, and retaliation by September 1, 2018;
▸ requires employees, students, and parents to sign a statement annually
acknowledging understanding of the school board's policy;
▸ requires the State Board of Education to require a school board to report on
compliance with a requirement for employees, students, and parents to sign a
statement acknowledging understanding of a school board's policy;
▸ requires the State Board of Education to make rules describing standards for
training regarding bullying, cyber-bullying, hazing, and retaliation;
▸ requires that the training of school employees related to bullying, cyber-bullying,
hazing, and retaliation meets standards described in State Board of Education rule;
and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-11a-102
, as last amended by Laws of Utah 2011, Chapter 235
53A-11a-201
, as last amended by Laws of Utah 2011, Chapter 235
53A-11a-202
, as last amended by Laws of Utah 2011, Chapter 235
53A-11a-203
, as last amended by Laws of Utah 2016, Chapter 221
53A-11a-301
, as last amended by Laws of Utah 2013, Chapter 335
53A-11a-302
, as last amended by Laws of Utah 2013, Chapter 335
53A-11a-401
, as last amended by Laws of Utah 2011, Chapter 235
53A-11a-402
, as last amended by Laws of Utah 2011, Chapter 235
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-11a-102
 is amended to read:
53A-11a-102.
Definitions.
As used in this chapter:
[
(1) (a) "Bullying" means intentionally or knowingly committing an act that:
]
[
(i) (A) endangers the physical health or safety of a school employee or student;
]
[
(B) involves any brutality of a physical nature such as whipping, beating, branding,
calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
exposure to the elements;
]
[
(C) involves consumption of any food, liquor, drug, or other substance;
]
[
(D) involves other physical activity that endangers the physical health and safety of a
school employee or student; or
]
[
(E) involves physically obstructing a school employee's or student's freedom to move;
and
]
[
(ii) is done for the purpose of placing a school employee or student in fear of:
]
[
(A) physical harm to the school employee or student; or
]
[
(B) harm to property of the school employee or student.
]
[
(b) The conduct described in Subsection (1)(a) constitutes bullying, regardless of
whether the person against whom the conduct is committed directed, consented to, or
acquiesced in, the conduct.
]
(1) "Bullying" means a school employee or student intentionally committing a written,
verbal, or physical act against a school employee or student that a reasonable person under the
circumstances should know or reasonably foresee will have the effect of:
(a) causing physical or emotional harm to the school employee or student;
(b) causing damage to the school employee's or student's property;
(c) placing the school employee or student in reasonable fear of:
(i) harm to the school employee's or student's physical or emotional well-being; or
(ii) damage to the school employee's or student's property;
(d) creating a hostile, threatening, humiliating, or abusive educational environment due
to:
(i) the pervasiveness, persistence, or severity of the actions; or
(ii) a power differential between the bully and the target; or
(e) substantially interfering with a student having a safe school environment that is
necessary to facilitate educational performance, opportunities, or benefits.
(2) "Communication" means the conveyance of a message, whether verbal, written, or
electronic.
(3) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
electronic communication.
[
(4) "Harassment" means repeatedly communicating to another individual, in an
objectively demeaning or disparaging manner, statements that contribute to a hostile learning
or work environment for the individual.
]
[
(5)
] 
(4)
 (a) "Hazing" means 
a school employee or student
 intentionally [
or
]
,
knowingly
, or recklessly
 committing an act 
or causing another individual to commit an act
toward a school employee or student
 that:
(i) (A) endangers the 
mental or
 physical health or safety of a school employee or
student;
(B) involves any brutality of a physical nature [
such as
]
, including
 whipping, beating,
branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body,
or exposure to the elements;
(C) involves consumption of any food, [
liquor
] 
alcoholic product
, drug, or other
substance[
; (D) involves
] 
or
 other physical activity that endangers the 
mental or
 physical health
and safety of a school employee or student; or
[
(E)
] 
(D)
 involves [
physically obstructing a school employee's or student's freedom to
move
] 
any activity that would subject a school employee or student to extreme mental stress,
including sleep deprivation, extended isolation from social contact, or conduct that subjects a
school employee or student to extreme embarrassment, shame, or humiliation
; and
(ii) (A) is [
done
] 
committed
 for the purpose of initiation [
or
] 
into,
 admission into,
affiliation with, holding office in, or as a condition for[
,
] membership [
or acceptance, or
continued membership or acceptance,
] in [
any
] 
a
 school or school sponsored team,
organization, program, 
club,
 or event; or
[
(B) if the person committing the act against a school employee or student knew that
the school employee or student is a member of, or candidate for, membership with a school, or
school sponsored team, organization, program, or event to which the person committing the act
belongs to or participates in.
]
(B) is directed toward a school employee or student who the individual who commits
the act knows, at the time the act is committed, is a member of, or candidate for membership
in, a school or school sponsored team, organization, program, club, or event in which the
individual who commits the act also participates.
(b) The conduct described in Subsection [
(5)
] 
(4)
(a) constitutes hazing, regardless of
whether the [
person
] 
school employee or student
 against whom the conduct is committed
directed, consented to, or acquiesced in, the conduct.
[
(6)
] 
(5)
 "Policy" means a bullying
, cyber-bullying, retaliation,
 and hazing policy
described in Section 
53A-11a-301
.
[
(7)
] 
(6)
 "Retaliate" means an act or communication intended:
(a) as retribution against a person for reporting bullying or hazing; or
(b) to improperly influence the investigation of, or the response to, a report of bullying
or hazing.
[
(8)
] 
(7)
 "School" means [
any
] 
a
 public elementary or secondary school [
or
]
, including
a
 charter school.
[
(9)
] 
(8)
 "School board" means:
(a) a local school board; or
(b) a [
local
] charter 
school governing
 board.
[
(10)
] 
(9)
 "School employee" means 
an individual working in the individual's official
capacity as
:
(a) 
a
 school [
teachers
] 
teacher
;
(b) 
a
 school staff 
member
;
(c) 
a
 school [
administrators; and
] 
administrator; or
(d) [
all others
] 
an individual:
(i) who is
 employed, directly or indirectly, by [
the
] 
a
 school, school board, or school
district
; and
(ii) who works on a school campus
.
Section 2. Section 
53A-11a-201
 is amended to read:
53A-11a-201.
Bullying, hazing, and cyber-bullying prohibited.
(1) [
No
] 
A
 school employee or student may 
not
 engage in bullying [
or harassing
] a
school employee or student:
(a) on school property;
(b) at a school related or sponsored event;
(c) on a school bus; 
or
[
(d) at a school bus stop; or
]
[
(e)
] 
(d)
 while the school employee or student is traveling to or from a location or event
described in [
Subsections
] 
Subsection
 (1)(a) [
through (d)
] 
or (1)(b)
.
(2) [
No
] 
A
 school employee or student may 
not
 engage in hazing or cyber-bullying a
school employee or student at any time or in any location.
Section 3. Section 
53A-11a-202
 is amended to read:
53A-11a-202.
Retaliation and making a false allegation prohibited.
(1) [
No
] 
A
 school employee or student may 
not
 engage in retaliation against:
(a) a school employee;
(b) a student; or
(c) an investigator for, or a witness of, an alleged incident of bullying, cyber-bullying,
[
harassment,
] hazing, or retaliation.
(2) [
No
] 
A
 school employee or student may 
not
 make a false allegation of bullying,
cyber-bullying, [
harassment,
] hazing, or retaliation against a school employee or student.
Section 4. Section 
53A-11a-203
 is amended to read:
53A-11a-203.
Parental notification of certain incidents and threats required.
(1) For purposes of this section, "parent" includes a student's guardian.
(2) A school shall:
(a) notify a parent if the parent's student threatens to commit suicide; or
(b) notify the parents of each student involved in an incident of bullying,
cyber-bullying, [
harassment,
] hazing, or retaliation[
,
] of the incident involving each parent's
student.
(3) (a) If a school notifies a parent of an incident or threat required to be reported under
Subsection (2), the school shall produce and maintain a record that verifies that the parent was
notified of the incident or threat.
(b) A school shall maintain a record described in Subsection (3)(a) in accordance with
the requirements of:
(i) Chapter 1, Part 14, Student Data Protection Act;
(ii) Sections 
53A-13-301
 and 
53A-13-302
;
(iii) [
Federal
] 
the
 Family Educational Rights and Privacy Act, 20 U.S.C. 
Sec.
 1232g;
and
(iv) 34 C.F.R. Part 99.
(4) A local school board or charter school governing board shall adopt a policy
regarding the process for:
(a) notifying a parent as required in Subsection (2); and
(b) producing and retaining a record that verifies that a parent was notified of an
incident or threat as required in Subsection (3).
(5) At the request of a parent, a school may provide information and make
recommendations related to an incident or threat described in Subsection (2).
(6) A school shall:
(a) provide a student a copy of a record maintained in accordance with this section that
relates to the student if the student requests a copy of the record; and
(b) expunge a record maintained in accordance with this section that relates to a
student if the student:
(i) has graduated from high school; and
(ii) requests the record be expunged.
Section 5. Section 
53A-11a-301
 is amended to read:
53A-11a-301.
Bullying, cyber-bullying, hazing, and retaliation policy -- Signed
statement requirement.
(1) On or before September 1, [
2013, each
] 
2018, a
 school board shall update the
school board's bullying, cyber-bullying, [
harassment,
] hazing, and retaliation policy consistent
with this chapter.
(2) [
The
] 
A
 policy shall:
(a) be developed only with input from:
(i) students;
(ii) parents;
(iii) teachers;
(iv) school administrators;
(v) school staff; or
(vi) local law enforcement agencies; and
(b) provide protection to a student, regardless of the student's legal status.
(3) [
The
] 
A
 policy shall include the following components:
(a) definitions of bullying, cyber-bullying, [
harassment,
] and hazing that are consistent
with this chapter;
(b) language prohibiting bullying, cyber-bullying, [
harassment,
] and hazing;
(c) language prohibiting retaliation against an individual who reports conduct that is
prohibited under this chapter;
(d) language prohibiting making a false report of bullying, cyber-bullying,
[
harassment,
] hazing, or retaliation; [
and
]
(e) as required in Section 
53A-11a-203
, parental notification of:
(i) a student's threat to commit suicide; and
(ii) an incident of bullying, cyber-bullying, [
harassment,
] hazing, or retaliation
involving the parent's student[
.
]
; and
(f) an action plan to address a reported incident of bullying, cyber-bullying, hazing, or
retaliation.
(4) 
(a)
 A copy of [
the
] 
a
 policy shall be included in student conduct handbooks and
employee handbooks.
(b) A school board shall require a signed statement annually, indicating that the
individual signing the statement understands the school board's policy, from each:
(i) school employee;
(ii) student who is at least eight years old; and
(iii) parent or guardian of a student enrolled in the charter school or school district.
(5) A policy may not permit formal disciplinary action that is based solely on an
anonymous report of bullying, cyber-bullying, [
harassment,
] hazing, or retaliation.
(6) Nothing in this chapter is intended to infringe upon the right of a school employee
or student to exercise their right of free speech.
Section 6. Section 
53A-11a-302
 is amended to read:
53A-11a-302.
Model policy and State Board of Education duties.
(1)
 On or before September 1, [
] 
, the State Board of Education shall:
[
(1)
] 
(a)
 update the State Board of Education's model policy on bullying,
cyber-bullying, [
harassment,
] hazing, and retaliation; and
[
(2)
] 
(b)
 post the model policy described in Subsection (1)
(a)
 on the State Board of
Education's website.
(2) The State Board of Education shall require a school board to report annually to the
State Board of Education on:
(a) the school board's policy;
(b) the school board's training of school employees relating to bullying, cyber-bullying,
hazing, and retaliation described in Section 
53A-11a-401
;
(c) the school district's compliance with the signed statement requirement described in
Section 
53A-11a-301
; and
(d) other information related to this chapter, as determined by the State Board of
Education.
Section 7. Section 
53A-11a-401
 is amended to read:
53A-11a-401.
Training, education, and prevention-- Standards.
(1) A school board shall include in the training of a school employee[
,
] training
regarding bullying, cyber-bullying, [
harassment,
] hazing, and retaliation 
that meets the
standards described in Subsection (4)
.
(2) To the extent that state or federal funding is available for this purpose, school
boards are encouraged to implement programs or initiatives, in addition to the training
described in Subsection (1), to provide for training and education regarding, and the prevention
of, bullying, hazing, and retaliation.
(3) The programs or initiatives described in Subsection (2) may involve:
(a) the establishment of a bullying task force; or
(b) the involvement of school employees, students, or law enforcement.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall makes rules that establish standards for high quality training
related to bullying, cyber-bullying, hazing, and retaliation.
Section 8. Section 
53A-11a-402
 is amended to read:
53A-11a-402.
Other forms of legal redress.
(1) Nothing in this chapter prohibits a victim of bullying, cyber-bullying, [
harassment,
]
hazing, or retaliation from seeking legal redress under any other provisions of civil or criminal
law.
(2) This section does not create or alter tort liability.
Legislative Review Note
Office of Legislative Research and General Counsel