Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 428 Second Substitute (2022GS)

Sponsor

Rep. Hollins, S.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the State Board of Education to provide training on certain state and federal law;
• requires a local education agency (LEA) to:
• review information on harassment and discrimination within the LEA;
• adopt a plan for harassment- and discrimination-free learning; and
• report on the plan;
• requires the state board and an LEA to report data on the demographics of a victim of bullying, hazing, cyber-bullying, or retaliation; and
• makes conforming changes.

Every vote on this bill

Bill text

SCHOOL SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Sandra Hollins
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill amends student safety and support provisions.
Highlighted Provisions:
This bill:
▸ requires the State Board of Education to provide training on certain state and federal
law;
▸ requires a local education agency (LEA) to:
• review information on harassment and discrimination within the LEA;
• adopt a plan for harassment- and discrimination-free learning; and
• report on the plan;
▸ requires the state board and an LEA to report data on the demographics of a victim
of bullying, hazing, cyber-bullying, or retaliation; and
▸ makes conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to State Board of Education - State Board and Administrative Operations, as a
one-time appropriation:
• from Education Fund, One-time, $10,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-3-516
, as last amended by Laws of Utah 2020, Chapters 388 and 408
53G-8-802
, as last amended by Laws of Utah 2020, Chapter 408
53G-9-606
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-3-516
 is amended to read:
53E-3-516.
School disciplinary and law enforcement action report -- 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 that includes a suspension or 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;
(ii) issuance of a criminal citation;
(iii) issuance of a ticket or summons;
(iv) filing a delinquency petition; or
(v) 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 LEA
governing 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 July 1, 2023, the state board 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) Pursuant to state and federal law, law enforcement agencies shall collaborate with
the state board and LEAs to provide and validate data and information necessary to complete
the report described in Subsection (2), as requested by an LEA or the state board.
(4) The report described in Subsection (2) shall include the following information
listed separately for each LEA:
(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; [
and
]
(d) the number of SROs employed[
.
]
; and
(e) if applicable, the demographics of an individual who is subject to, as the following
are defined in Section 
53G-9-601
, bullying, hazing, cyber-bullying, or retaliation.
(5) The report described in Subsection (2) shall include the following information, in
aggregate, for each element described in Subsections (4)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
(6) Information included in the annual report described in Subsection (2) shall comply
with:
(a) Chapter 9, Part 3, Student Data Protection;
(b) Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to compile the report described in Subsection (2).
(8) The state board shall provide the report described in Subsection (2) in accordance
with Section 
53E-1-203
 for incidents that occurred during the previous school year.
Section 2. Section 
53G-8-802
 is amended to read:
53G-8-802.
 State Safety and Support Program -- State board duties -- LEA
duties.
(1) There is created the State Safety and Support Program.
(2) The state board shall:
(a) develop in conjunction with the Division of Substance Abuse and Mental Health
model student safety and support policies for an LEA, including:
(i) evidence-based procedures for the assessment of and intervention with an individual
whose behavior poses a threat to school safety;
(ii) procedures for referrals to law enforcement; and
(iii) procedures for referrals to a community services entity, a family support
organization, or a health care provider for evaluation or treatment;
(b) provide training:
(i) in school safety;
(ii) in evidence-based approaches to improve school climate and address and correct
bullying behavior;
(iii) in evidence-based approaches in identifying an individual who may pose a threat
to the school community;
(iv) in evidence-based approaches in identifying an individual who may be showing
signs or symptoms of mental illness;
(v) 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; [
and
]
(vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
53E-9-203
 and 
53E-9-305
; 
and
(vii) for administrators on rights and prohibited acts under:
(A) Chapter 9, Part 6, Bullying and Hazing;
(B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
(C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
(D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
(E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
(c) conduct and disseminate evidence-based research on school safety concerns;
(d) disseminate information on effective school safety initiatives;
(e) encourage partnerships between public and private sectors to promote school safety;
(f) provide technical assistance to an LEA in the development and implementation of
school safety initiatives;
(g) in conjunction with the Department of Public Safety, develop and make available to
an LEA a model critical incident response training program that includes protocols for
conducting a threat assessment, and ensuring building security during an incident;
(h) provide space for the public safety liaison described in Section 
53-1-106
 and the
school-based mental health specialist described in Section 
62A-15-103
;
(i) create a model school climate survey that may be used by an LEA to assess
stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, adopt rules:
(i) requiring an LEA to:
(A) create or adopt and disseminate a school climate survey; and
(B) disseminate the school climate survey;
(ii) recommending the distribution method, survey frequency, and sample size of the
survey; and
(iii) specifying the areas of content for the school climate survey; and
(j) collect aggregate data and school climate survey results from each LEA.
(3) Nothing in this section requires an individual to respond to a school climate survey.
(4) The state board shall require an LEA to:
(a) (i) review data from the state board-facilitated surveys containing school climate
data for each school within the LEA; and
(ii) based on the review described in Subsection (4)(a)(i):
(A) revise practices, policies, and training to eliminate harassment and discrimination
in each school within the LEA;
(B) adopt a plan for harassment- and discrimination-free learning; and
(C) host outreach events or assemblies to inform students and parents of the plan
adopted under Subsection (4)(a)(ii)(B);
(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; and
(c) report to the state board:
(i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
(4)(a)(ii)(B); and
(ii) after August 1, 2023, annually on the LEA's implementation of the plan and
progress.
Section 3. Section 
53G-9-606
 is amended to read:
53G-9-606.
Model policy and state board duties.
(1) On or before September 1, 2018, the state board shall:
(a) update the state board's model policy on bullying, cyber-bullying, hazing, and
retaliation to include abusive conduct; and
(b) post the model policy described in Subsection (1)(a) on the state board's website.
(2) The state board shall require [
a
] an LEA governing board to report annually to the
state board on:
(a) the LEA governing board's policy, including implementation of the signed
statement requirement described in Subsection 
53G-9-605
(3);
(b) the LEA governing board's training of school employees relating to bullying,
cyber-bullying, hazing, and retaliation described in Section 
53G-9-607
; [
and
]
(c) the demographics of an individual who is subject to bullying, hazing,
cyber-bullying, or retaliation subject to:
(i) Title 53E, Chapter 9, Part 2, Student Privacy;
(ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
(iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
(iv) 34 C.F.R. Part 99; and
[
(c)
] 
(d)
 other information related to this part, as determined by the state board.
Section 4. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To State Board of Education - State Board and Administrative Operations
From Education Fund, One-time
$10,000
Schedule of Programs:
Board and Administration $10,000
The Legislature intends that the State Board of Education use funds appropriated under
this section to implement the training for administrators on federal law outlined in Section
53G-8-802
 in fiscal year 2023.