Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 198 (2018GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the State Board of Education to work with school districts, charter schools, and law enforcement agencies to compile an annual report regarding:
• certain law enforcement actions related to minors;
• certain disciplinary actions related to students; and
• statewide information regarding the race, gender, age, and disability status of a minor or student involved in certain law enforcement and disciplinary actions.

Every vote on this bill

Bill text

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 27, 2018 at 6:29 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Mon, Mar 5, 2018 at 2:43 PM by bbryner.
This document includes House Committee Amendments incorporated into the bill on Mon, Mar 5, 2018 at 2:58 PM by bbryner.
PUBLIC SCHOOL DISCIPLINARY ACTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
 Brian M. Greene
LONG TITLE
General Description:
This bill requires the State Board of Education to compile an annual report regarding
law enforcement and disciplinary action.
Highlighted Provisions:
This bill:
▸ requires the State Board of Education to work with school districts, charter schools,
and law enforcement agencies to compile an annual report regarding: 
• certain law enforcement actions related to minors; 
• certain disciplinary actions related to students; and
• statewide information regarding the race, gender, age, and disability status of a
minor or student involved in certain law enforcement and disciplinary actions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53E-3-516
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-3-516
 is enacted to read:
 53E-3-516.
School disciplinary and law enforcement action -- Data collection --
Reports -- Rulemaking authority.
(1) As used in this section:
(a) "Disciplinary action" means an action by a public school meant to formally
discipline a student of that public school
Ĥ→ [
, including
] 
 that includes
 ←Ĥ
a suspension or
33a 
expulsion.
(b) "Law enforcement agency" means the same as that term is defined in Section
77-7a-103
.
(c) "Minor" means the same as that term is defined in Section 
53G-6-201
.
(d) "Other law enforcement activity" means a significant law enforcement interaction
with a minor that does not result in an arrest, including:
(i) a search and seizure by an SRO;
Ŝ→ [
(ii) questioning by an SRO;
(iii)
] 
(ii)
 ←Ŝ
issuance of a criminal citation;
Ŝ→ [
(iv)
] 
(iii)
 ←Ŝ
issuance of a ticket or summons;
Ŝ→ [
(v)
] 
(iv)
 ←Ŝ
filing a delinquency petition; or
Ŝ→ [
(vi)
] 
(v)
 ←Ŝ
referral to a probation officer.
(e) "School is in session" means the hours of a day during which a public school
conducts instruction for which student attendance is counted toward calculating average daily
membership.
(f) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
clinic, or other event or activity that is authorized by a specific public school, according to local
board policy, and satisfies at least one of the following conditions:
(A) the activity is managed or supervised by a school district, public school, or public
school employee;
(B) the activity uses the school district or public school facilities, equipment, or other
school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or minimum school program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
(g) "Student resource officer" or "SRO" means the same as that term is defined in
Section 
53G-8-701
.
(2) Beginning on
Ŝ→ [
January 1, 2019
] 
July 1, 2020
 ←Ŝ
, the State Board of Education, in
61a 
collaboration with
school districts, charter schools, and law enforcement agencies, shall develop an annual report
regarding the following incidents that occur on school grounds while school is in session or
during a school-sponsored activity:
(a) arrests of a minor;
(b) other law enforcement activities; and
(c) disciplinary actions.
(3) The report described in Subsection (2) shall include the following information by
school district and charter school:
(a) the number of arrests of a minor, including the reason why the minor was arrested;
(b) the number of other law enforcement activities, including the following information
for each incident:
(i) the reason for the other law enforcement activity; and
(ii) the type of other law enforcement activity used;
(c) the number of disciplinary actions imposed, including:
(i) the reason for the disciplinary action; and
(ii) the type of disciplinary action;
Ŝ→ 
and
 ←Ŝ
(d) the number of SROs employed
Ŝ→ [
; and
(e) the number and type of complaints filed against SROs
] ←Ŝ
.
(4) The report described in Subsection (2) shall include the following information, in
aggregate, for each element described in Subsections (3)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
(5) Information included in the annual report described in Subsection (2) shall comply
with:
(a) Chapter 9, Part 3, Student Data Protection Act;
(b) Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules to compile the report described in Subsection (2).
(7) The State Board of Education shall provide the report described in Subsection (2)
to the Education Interim Committee before November 1 of each year for incidents that
occurred during the previous school year.
Legislative Review Note
Office of Legislative Research and General Counsel