Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 223 (2025GS)

Sponsor

Sen. McKell, Michael K.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the definition of "bullying";
• defines the terms "staff bullying" and "student bullying"; and
• makes technical corrections.

Every vote on this bill

Bill text

10
53E-1-102
53E-3-516
53G-8-801
53G-9-601
53G-9-606
0
Public Education Bullying Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Karen M. Peterson
LONG TITLE
General Description:
This bill enacts definitions of bullying for the public education code.
Highlighted Provisions:
This bill:
amends the definition of "bullying";
defines the terms "staff bullying" and "student bullying"; and
makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-1-102
, as last amended by Laws of Utah 2022, Chapter 214
53E-3-516
, as last amended by Laws of Utah 2024, Chapters 20, 21 and 301
53G-8-801
, as last amended by Laws of Utah 2024, Chapter 21
53G-9-601
, as last amended by Laws of Utah 2024, Chapter 21
53G-9-606
, as last amended by Laws of Utah 2024, Chapter 21
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53E-1-102
 is amended to read:
53E-1-102
. Public education code definitions.
Unless otherwise indicated, as used in this title, 
Title 53F, Public Education System -- 
Funding
, and 
Title 53G, Public Education System -- Local Administration
:
(1)
"Bullying" means the same as that term is defined in Section 
53G-9-601
.
(1)
(2)
"Charter agreement" means an agreement made in accordance with Section 
53G-5-303
 that authorizes the operation of a charter school.
(2)
(3)
"Charter school governing board" means the board that governs a charter school.
(3)
(4)
"District school" means a public school under the control of a local school board.
(4)
(5)
"Individualized education program" or "IEP" means a written statement for a 
student with a disability that is developed, reviewed, and revised in accordance with the 
Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(5)
(6)
"LEA governing board" means:
(a)
for a school district, the local school board;
(b)
for a charter school, the charter school governing board; or
(c)
for the Utah Schools for the Deaf and the Blind, the state board.
(6)
(7)
"Local education agency" or "LEA" means:
(a)
a school district;
(b)
a charter school; or
(c)
the Utah Schools for the Deaf and the Blind.
(7)
(8)
"Local school board" means a board elected under 
Title 20A, Chapter 14, Part 2, 
Election of Members of Local Boards of Education
.
(8)
(9)
"Minimum School Program" means the same as that term is defined in Section 
53F-2-102
.
(9)
(10)
"Parent" means a parent or legal guardian.
(10)
(11)
"Public education code" means:
(a)
this title;
(b)
Title 53F, Public Education System -- Funding
; and
(c)
Title 53G, Public Education System -- Local Administration
.
(11)
(12)
"Section 504 accommodation plan" means a plan developed in accordance with 
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student 
with a disability, to meet the student's educational needs and ensure equitable access to a 
free appropriate public education.
(12)
(13)
"School nurse" means a registered nurse:
(a)
who holds:
(i)
a license under 
Title 58, Chapter 31b, Nurse Practice Act
; or
(ii)
a multistate license as that term is defined in Section 
58-31e-102
; and
(b)
whose primary role is the care of a defined group of students enrolled in the public 
school system.
(13)
(14)
"State board" means the State Board of Education.
(14)
(15)
"State superintendent" means the state superintendent of public instruction 
appointed under Section 
53E-3-301
.
Section 2, 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)
"Dangerous weapon" means a firearm or an object that in the manner of the object's 
use or intended use is capable of causing death or serious bodily injury to an 
individual.
(b)
(i)
"Law enforcement action" means a significant law enforcement interaction with 
a minor.
(ii)
"Law enforcement action" includes the following actions against a minor:
(A)
a search and seizure;
(B)
an arrest;
(C)
the issuance of a citation;
(D)
the filing of a delinquency petition, indictment, or criminal information;
(E)
a referral to the juvenile court; or
(F)
use of force by a law enforcement officer.
(c)
"Law enforcement agency" means the same as that term is defined in Section 
77-7a-103
.
(d)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(e)
"Minor" means the same as that term is defined in Section 
80-1-102
.
(f)
(i)
"School disciplinary action" means an action by a public school to formally 
discipline a student of that public school.
(ii)
"School disciplinary action" includes a suspension or an expulsion.
(g)
"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.
(h)
(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.
(i)
" School resource officer" means the same as that term is defined in Section 
53G-8-701
.
(2)
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)
school disciplinary actions;
(b)
minors found in possession of a dangerous weapon; and
(c)
law enforcement 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 school in an LEA:
(a)
the number of law enforcement actions, including the following information for each 
incident:
(i)
the reason for the law enforcement action; and
(ii)
the type of law enforcement action used;
(b)
the number of school disciplinary actions, including the following information for 
each incident:
(i)
the reason for the school disciplinary action; 
(ii)
the type of school disciplinary action;
(iii)
the number of suspensions imposed;
(iv)
the average length of suspensions;
(v)
the number of days of instruction lost due to suspensions; and
(vi)
the number of expulsions;
(c)
the number of school resource officers employed;
(d)
if applicable, the demographics of an individual
 student
 who is subject to, as the 
following are defined in Section 
53G-9-601
, 
student 
bullying, hazing, cyber-bullying, 
or retaliation; and
(e)
the number of minors found in possession of a dangerous weapon on school grounds 
while school is in session or during a school-sponsored activity.
(5)
The report described in Subsection (2) shall include the following information, in 
aggregate, for each element described in Subsections (4)(a) and (b):
(a)
age;
(b)
grade level;
(c)
race;
(d)
sex; 
(e)
disability status; and
(f)
youth in care designation.
(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)
(a)
The state board shall provide the report described in Subsection (2):
(i)
in accordance with Section 
53E-1-203
 for incidents that occurred during the 
previous school year; and
(ii)
to the State Commission on Criminal and Juvenile Justice before January 15 of 
each year for incidents that occurred during the previous school year.
(b)
After submitting the report in accordance with this section, the state board shall 
supplement the report to the State Commission on Criminal and Juvenile Justice with 
updated data and information within 30 days after the day on which the state board 
receives the updated data and information.
Section 3, Section 
53G-8-801
 is amended to read:
53G-8-801
. Definitions.
As used in this section:
(1)
"Bullying" means the same as that term is defined in Section 
53G-9-601
.
(2)
(1)
"Law enforcement officer" means the same as that term is defined in Section 
53-13-103
.
(3)
(2)
"School Safety Center" means the entity established in Section 
53G-8-802
.
(4)
(3)
"State security chief" means the same as that term is defined in Section 
53-22-101
.
Section 4, Section 
53G-9-601
 is amended to read:
53G-9-601
. Definitions.
As used in this part:
(1)
(a)
"Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or 
student directed toward a school employee that, based on its severity, nature, and 
frequency of occurrence, a reasonable person would determine is intended to cause 
intimidation, humiliation, or unwarranted distress.
(b)
A single act does not constitute abusive conduct.
(2)
"Action plan" means a process to address an incident as described in Section 
53G-9-605.5
.
(3)
"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:
student bullying and staff bullying.
(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.
(4)
"Communication" means the conveyance of a message, whether verbal, written, or 
electronic.
(5)
"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.
(6)
(a)
"Hazing" means a school employee or student intentionally, 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, 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, alcoholic product, drug, or other substance 
or other physical activity that endangers the mental or physical health and 
safety of a school employee or student; or
(D)
involves any activity that would subject a school employee or student to 
extreme mental stress, such as 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 committed for the purpose of initiation into, admission into, affiliation 
with, holding office in, or as a condition for membership in a school or school 
sponsored team, organization, program, club, or event; or
(B)
is directed toward a school employee or student whom 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 (6)(a) constitutes hazing, regardless of whether 
the school employee or student against whom the conduct is committed directed, 
consented to, or acquiesced in, the conduct.
(7)
"Incident" means an incident of bullying, cyber-bullying, hazing, or retaliation that is 
prohibited under this part.
(8)
"LEA governing board" means a local school board or charter school governing board.
(9)
"Policy" means an LEA governing board policy described in Section 
53G-9-605
.
(10)
"Public education suicide prevention coordinator" means the public education suicide 
prevention coordinator described in Section 
53G-9-702
.
(11)
"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.
(12)
"School" means a public elementary or secondary school, including a charter school.
(13)
"School employee" means an individual working in the individual's official capacity as:
(a)
a school teacher;
(b)
a school staff member;
(c)
a school administrator; or
(d)
an individual:
(i)
who is employed, directly or indirectly, by a school, an LEA governing board, or a 
school district; 
and
or
(ii)
who works on a school campus.
(14)
(a)
"Staff bullying" means a school employee, with the intent to cause harm, 
repeatedly committing a written, verbal, or physical act against a student or another 
school employee, or engaging in a single egregious act toward another employee 
involving an imbalance of power, that:
(i)
creates an environment that a reasonable person would find hostile, threatening, or 
humiliating; and
(ii)
substantially interferes with a student's or employee's educational or professional 
performance, opportunities, or benefits.
(b)
"Staff bullying" does not mean instances of:
(i)
ordinary teasing, horseplay, argument, or peer conflict;
(ii)
reasonable correction of behavior by a school employee; or
(iii)
reasonable coaching strategies and techniques by a school employee who is a 
coach.
(15)
(a)
"Student bullying" means one or more students, with the intent to cause harm, 
repeatedly committing a written, verbal, or physical act against another student, or 
engaging in a single egregious act toward another student involving an imbalance of 
power, that:
(i)
creates an environment that a reasonable person would find hostile; and
(ii)
interferes with a student's educational performance, opportunities, or benefits.
(b)
"Student bullying" does not mean instances of:
(i)
ordinary teasing, horseplay, argument, or peer conflict;
(ii)
reasonable correction of behavior by a school employee; or
(iii)
reasonable coaching strategies and techniques by a school employee who is a 
coach.
(14)
(16)
"State suicide prevention coordinator" means the state suicide prevention 
coordinator described in Section 
26B-5-611
.
(15)
(17)
"State superintendent" means the state superintendent of public instruction 
appointed under Section 
53E-3-301
.
Section 5, Section 
53G-9-606
 is amended to read:
53G-9-606
. Model policy and state board duties.
(1)
The state board shall:
(a)
create a model policy on bullying, cyber-bullying, hazing, abusive conduct, and 
retaliation; and
(b)
post the model policy described in Subsection (1)(a) on the state board's website.
(2)
The state board shall require 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
;
(c)
the demographics of an individual 
student 
who is subject to 
student 
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
(d)
other information related to this part, as determined by the state board.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-20-25 9:24 AM