Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 246 First Substitute (2024GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires a local education agency (LEA) to transfer a notification from a juvenile court regarding a student to another LEA for one year; and
• makes technical corrections.

Every vote on this bill

Bill text

JUVENILE JUSTICE MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
 Tyler Clancy
LONG TITLE
General Description:
This bill addresses a notification to a school from a juvenile court..
Highlighted Provisions:
This bill:
▸ requires a local education agency (LEA) to transfer a notification from a juvenile
court regarding a student to another LEA for one year; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-8-403
, as last amended by Laws of Utah 2023, Chapter 161
80-6-103
, as last amended by Laws of Utah 2023, Chapter 161
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-8-403
 is amended to read:
53G-8-403.
Superintendent required to notify school.
(1) 
"LEA head" means the superintendent of a school district or the director of a
charter school.
(2)
 Within three days of receiving a notification from the juvenile court or a law
enforcement agency under Section 
80-6-103
, the [
district superintendent
] 
LEA head
 shall
notify the principal of the school the juvenile attends or last attended.
[
(2)
] 
(3)
 Upon receipt of the information, the principal shall:
(a) make a notation in a secure file other than the student's permanent file; and
(b) if the student is still enrolled in the school, notify staff members who, in his
opinion, should know of the adjudication.
[
(3)
] 
(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.
[
(4)
] 
(5)
 Access to secure files shall be limited to persons authorized to receive
information under this part.
(6) An LEA shall maintain the secure file described in Subsection (3) 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.
Section 2. Section 
80-6-103
 is amended to read:
80-6-103.
Notification to a school -- Civil and criminal liability.
(1) As used in this section:
(a) "School" means a school in a local education agency.
(b) "Local education agency" means a school district, a charter school, or the Utah
Schools for the Deaf and the Blind.
(c) "School official" means the superintendent of a school district or the director of a
charter school or designee in which the minor resides or attends school.
(d) "Transferee school official" means the superintendent of a school district or the
director of a charter school or designee in which the minor resides or attends school if the
minor is admitted to home detention.
[
(c) "School official" means:
]
[
(i) the school superintendent of the district in which the minor resides or attends
school; or
]
[
(ii) if there is no school superintendent for the school, the principal of the school
where the minor attends.
]
[
(d) "Transferee school official" means:
]
[
(i) the school superintendent of the district in which the minor resides or attends
school if the minor is admitted to home detention; or
]
[
(ii) if there is no school superintendent for the school, the principal of the school
where the minor attends if the minor is admitted to home detention.
]
(2) A notification under this section is provided for a minor's supervision and student
safety.
(3) (a) If a minor is taken into temporary custody under Section 
80-6-201
 for a violent
felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the peace officer, or
other person who has taken the minor into temporary custody, shall notify a school official
within five days after the day on which the minor is taken into temporary custody.
(b) A notification under this Subsection (3) shall only disclose:
(i) the name of the minor;
(ii) the offense for which the minor was taken into temporary custody or admitted to
detention; and
(iii) if available, the name of the victim if the victim resides in the same school district
as the minor or attends the same school as the minor.
(4) After a detention hearing for a minor who is alleged to have committed a violent
felony, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court
shall order a juvenile probation officer to notify a school official, or a transferee school official,
and the appropriate local law enforcement agency of the juvenile court's decision, including
any disposition, order, or no-contact order.
(5) If a designated staff member of a detention facility admits a minor to home
detention under Section 
80-6-205
 and notifies the juvenile court of that admission, the juvenile
court shall order a juvenile probation officer to notify a school official, or a transferee school
official, and the appropriate local law enforcement agency that the minor has been admitted to
home detention.
(6) (a) If the juvenile court adjudicates a minor for an offense of violence or an offense
in violation of Title 76, Chapter 10, Part 5, Weapons, the juvenile court shall order a juvenile
probation officer to notify a school official, or a transferee school official, of the adjudication.
(b) A notification under this Subsection (6) shall be given to a school official, or a
transferee school official, within three days after the day on which the minor is adjudicated.
(c) A notification under this section shall include:
(i) the name of the minor;
(ii) the offense for which the minor was adjudicated; and
(iii) if available, the name of the victim if the victim:
(A) resides in the same school district as the minor; or
(B) attends the same school as the minor.
(7) If the juvenile court orders probation under Section 
80-6-702
, the juvenile court
shall order a juvenile probation officer to notify the appropriate local law enforcement agency
and the school official of the juvenile court's order for probation.
(8) (a) An employee of the local law enforcement agency, or the school the minor
attends, who discloses a notification under this section is not:
(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
provided in Section 
63G-7-202
; and
(ii) civilly or criminally liable except when the disclosure constitutes a knowing
violation of Section 
63G-2-801
.
(b) An employee of a governmental agency is immune from any criminal liability for
failing to provide the information required by this section, unless the employee fails to act due
to malice, gross negligence, or deliberate indifference to the consequences.
(9) (a) A notification under this section shall be classified as a protected record under
Section 
63G-2-305
.
(b) 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.
Section 3. 
Effective date.
This bill takes effect on July 1, 2024.