H.B. 61
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 12-20-22 5:25 PM 6
H.B. 61
1 SCHOOL SAFETY REQUI REMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote:12 voting for0 voting against 5 absent
11General Description:
12 This bill creates the School Security Act and a task force to address school security
13issues.
14Highlighted Provisions:
15 This bill:
16 <defines terms;
17 <creates a state security chief position within the Department of Public Safety;
18 <creates the School Security Task Force;
19 <requires the task force to develop the qualifications, duties, and scope of authority
20of the state security chief;
21 <requires that all secondary schools have a school resource officer; and
22 <makes technical and conforming amendments.
23Money Appropriated in this Bill:
24 None
25Other Special Clauses:
26 None
27Utah Code Sections Affected:
*HB0061* H.B. 61 12-20-22 5:25 PM
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28AMENDS:
29 53G-8-701, as last amended by Laws of Utah 2019, Chapter 293
30 53G-8-702, as last amended by Laws of Utah 2021, Chapter 279
31 53G-8-703, as last amended by Laws of Utah 2019, Chapter 293
32 53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
33 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
34and 409
35ENACTS:
36 53-22-101, Utah Code Annotated 1953
37 53-22-102, Utah Code Annotated 1953
38 53-22-103, Utah Code Annotated 1953
39 53-22-104, Utah Code Annotated 1953
40 53G-8-701.5, Utah Code Annotated 1953
41
42Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53-22-101 is enacted to read:
44 53-22-101. School Security Act -- Definitions.
45 As used in this chapter:
46 (1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
47 (2) "School resource officer" or "SRO" means a law enforcement officer hired by a
48public school in accordance with Section 53G-8-703.
49 (3) "State security chief" means an individual appointed by the commissioner under
50Section 53-22-102.
51 Section 2. Section 53-22-102 is enacted to read:
52 53-22-102. State security chief -- Creation -- Appointment.
53 (1) There is created within the department a state security chief.
54 (2) The state security chief:
55 (a) is appointed by the commissioner with the approval of the governor;
56 (b) is subject to the supervision and control of the commissioner;
57 (c) may be removed at the will of the commissioner;
58 (d) shall be qualified by experience and education to: 12-20-22 5:25 PM H.B. 61
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59 (i) enforce the laws of this state relating to school safety;
60 (ii) perform duties prescribed by the commissioner; and
61 (iii) enforce rules made under this chapter.
62 (3) The duties and responsibilities of the state security chief shall be determined by the
63Commissioner of Public Safety in conjunction with the School Security Task Force created in
64Section 53-22-104.
65 Section 3. Section 53-22-103 is enacted to read:
66 53-22-103. County sheriff responsibilities.
67 Each county sheriff shall identify an individual within the sheriff's office to coordinate
68security responsibilities with the state security chief.
69 Section 4. Section 53-22-104 is enacted to read:
70 53-22-104. School Security Task Force -- Membership -- Duties -- Per diem --
71Report -- Expiration.
72 (1) There is created a School Security Task Force composed of the following 15
73members:
74 (a) the House chair of the Law Enforcement and Criminal Justice Interim Committee,
75who shall serve as chair;
76 (b) the House chair of the Criminal Code Evaluation Task Force;
77 (c) a member of the Senate, appointed by the president of the Senate;
78 (d) a member of the State Board of Education security team;
79 (e) the school safety specialist to the State Board of Education;
80 (f) the public safety liaison described in Section 53-1-106;
81 (g) the commissioner of the Department of Public Safety or the commissioner's
82designee;
83 (h) a member of the Utah School Superintendents Association, selected by the
84president of the association;
85 (i) a member of the Chiefs of Police Association selected by the president of the
86association;
87 (j) two members of the Sheriffs Association, one from a county of the first, second, or
88third class and one from a county of the fourth, fifth, or sixth class, selected by the president of
89the association; H.B. 61 12-20-22 5:25 PM
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90 (k) a representative from the Utah Association of Public Charter Schools selected by
91the president of the association;
92 (l) a representative from a school district, selected by the chair;
93 (m) a representative from a private school recommended by the commissioner of the
94Department of Public Safety; and
95 (n) a member of a local law enforcement agency recommended by the commissioner of
96the Department of Public Safety.
97 (2) The task force shall:
98 (a) determine the specific qualifications, duties, and responsibilities of the state
99security chief created in Section 53-22-102;
100 (b) create statewide standardized training requirements and hiring policies for school
101resource officers;
102 (c) review and revise, if necessary, the model critical incident response training
103program developed under Section 53G-8-802;
104 (d) develop training standards for active shooter and emergency response in schools;
105 (e) recommend safety and security protocols for the design, construction, and
106reconstruction of new and existing schools;
107 (f) develop legislation to accomplish Subsections (a) through (e) for introduction in the
1082024 General Session; and
109 (g) prepare a report and present any legislation developed to the Law Enforcement and
110Criminal Justice Interim Committee by November 30, 2023.
111 (3) (a) A majority of the members of the task force constitutes a quorum.
112 (b) The action of a majority of a quorum constitutes an action of the task force.
113 (4) The Office of Legislative Research and General Counsel shall provide staff for the
114task force.
115 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
116be paid in accordance with:
117 (i) Section 36-2-2;
118 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
119Expenses; and
120 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. 12-20-22 5:25 PM H.B. 61
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121 (b) A member of the task force who is not a legislator may not receive compensation
122for the member's work associated with the task force but may receive per diem and
123reimbursement for travel expenses incurred as a member of the task force at the rates
124established by the Division of Finance under:
125 (i) Sections 63A-3-106 and 63A-3-107; and
126 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
12763A-3-107.
128 (6) This task force expires December 31, 2023.
129 Section 5. Section 53G-8-701 is amended to read:
130 53G-8-701. Definitions.
131 As used in this part:
132 (1) "Law enforcement agency" means the same as that term is defined in Section
13353-1-102.
134 (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
135 [(2)] (3) "School resource officer" or "SRO" means a law enforcement officer, as
136defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
137with an LEA to provide law enforcement services for the LEA.
138 Section 6. Section 53G-8-701.5 is enacted to read:
139 53G-8-701.5. School resource officers -- Required in all secondary schools.
140 Each public secondary school shall have at least one school resource officer.
141 Section 7. Section 53G-8-702 is amended to read:
142 53G-8-702. School resource officer training -- Curriculum.
143 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
144state board shall make rules that prepare and make available a training program for school
145principals, school personnel, and school resource officers to attend.
146 (2) To create the curriculum and materials for the training program described in
147Subsection (1), the state board shall:
148 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
149created in Section 63M-7-201;
150 (b) solicit input from local school boards, charter school governing boards, and the
151Utah Schools for the Deaf and the Blind; H.B. 61 12-20-22 5:25 PM
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152 (c) consult with a nationally recognized organization that provides resources and
153training for school resource officers;
154 [(c)] (d) solicit input from local law enforcement and other interested community
155stakeholders; and
156 [(d)] (e) consider the current United States Department of Education recommendations
157on school discipline and the role of a school resource officer.
158 (3) The training program described in Subsection (1) may include training on the
159following:
160 (a) childhood and adolescent development;
161 (b) responding age-appropriately to students;
162 (c) working with disabled students;
163 (d) techniques to de-escalate and resolve conflict;
164 (e) cultural awareness;
165 (f) restorative justice practices;
166 (g) identifying a student exposed to violence or trauma and referring the student to
167appropriate resources;
168 (h) student privacy rights;
169 (i) negative consequences associated with youth involvement in the juvenile and
170criminal justice systems;
171 (j) strategies to reduce juvenile justice involvement;
172 (k) roles of and distinctions between a school resource officer and other school staff
173who help keep a school secure;
174 (l) developing and supporting successful relationships with students; and
175 (m) legal parameters of searching and questioning students on school property.
176 (4) The state board shall work together with the Department of Public Safety, the State
177Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
178policies, [and] procedures, [that govern] and training requirements for school resource officers.
179 Section 8. Section 53G-8-703 is amended to read:
180 53G-8-703. Contracts between an LEA and law enforcement for school resource
181officer services -- Requirements.
182 (1) An LEA [may] shall contract with a local law enforcement agency [or an 12-20-22 5:25 PM H.B. 61
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183individual] to provide school resource officer services at the LEA [if the LEA governing board
184reviews and approves the contract].
185 (2) The LEA governing board and the local law enforcement agency shall develop a
186mutually agreed upon contract for an SRO.
187 [(2)] (3) [If an LEA contracts] An LEA contract with a law enforcement agency [or an
188individual] to provide SRO services at the LEA[, the LEA governing board] shall require in the
189contract:
190 (a) an acknowledgment by the law enforcement agency [or the individual] that an SRO
191hired under the contract shall:
192 (i) provide for and maintain a safe, healthy, and productive learning environment in a
193school;
194 (ii) act as a positive role model to students;
195 (iii) work to create a cooperative, proactive, and problem-solving partnership between
196law enforcement and the LEA;
197 (iv) emphasize the use of restorative approaches to address negative behavior; and
198 (v) at the request of the LEA, teach a vocational law enforcement class;
199 (b) a description of the shared understanding of the LEA and the law enforcement
200agency [or individual] regarding the roles and responsibilities of law enforcement and the LEA
201to:
202 (i) maintain safe schools;
203 (ii) improve school climate; and
204 (iii) support educational opportunities for students;
205 (c) a designation of student offenses that the SRO shall confer with the LEA to resolve,
206including [an offense] offenses that:
207 (i) [is] are a minor violation of the law; and
208 (ii) would not violate the law if the [offense was] offenses were committed by an adult;
209 (d) a designation of student offenses that are administrative issues that an SRO shall
210refer to a school administrator for resolution in accordance with Section 53G-8-211, with the
211understanding that the SRO will be informed of the outcome of the administrative issue;
212 (e) a detailed description of the rights of a student under state and federal law with
213regard to: H.B. 61 12-20-22 5:25 PM
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214 (i) searches;
215 (ii) questioning;
216 (iii) arrests; and
217 [(iii)] (iv) information privacy;
218 (f) a detailed description of:
219 (i) job assignment and duties[;], including:
220 (A) the LEA the SRO will be assigned to;
221 (B) hours the SRO is expected to be present at the LEA;
222 (C) the point of contact at the LEA;
223 (D) specific responsibilities for providing and receiving information; and
224 (E) types of records to be kept, and by whom;
225 (ii) training requirements; and
226 (iii) other expectations of the SRO and school administration in relation to law
227enforcement at the LEA;
228 (g) that an SRO who is hired under the contract and the principal at the school where
229an SRO will be working, or the principal's designee, will jointly complete the SRO training
230described in Section 53G-8-702; [and]
231 [(h) if the contract is between an LEA and a law enforcement agency, that:]
232 [(i)] (h) that both parties agree to jointly discuss SRO applicants; and
233 [(ii)] (i) the law enforcement agency will, at least annually, seek out and accept
234feedback from an LEA about an SRO's performance.
235 Section 9. Section 53G-8-802 is amended to read:
236 53G-8-802. State Safety and Support Program -- State board duties -- LEA
237duties.
238 (1) There is created the State Safety and Support Program.
239 (2) The state board shall:
240 (a) develop in conjunction with the Division of Substance Abuse and Mental Health
241model student safety and support policies for an LEA, including:
242 (i) evidence-based procedures for the assessment of and intervention with an individual
243whose behavior poses a threat to school safety;
244 (ii) procedures for referrals to law enforcement; and 12-20-22 5:25 PM H.B. 61
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245 (iii) procedures for referrals to a community services entity, a family support
246organization, or a health care provider for evaluation or treatment;
247 (b) provide training:
248 (i) in school safety;
249 (ii) in evidence-based approaches to improve school climate and address and correct
250bullying behavior;
251 (iii) in evidence-based approaches in identifying an individual who may pose a threat
252to the school community;
253 (iv) in evidence-based approaches in identifying an individual who may be showing
254signs or symptoms of mental illness;
255 (v) on permitted disclosures of student data to law enforcement and other support
256services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
257 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
25853E-9-203 and 53E-9-305; and
259 (vii) for administrators on rights and prohibited acts under:
260 (A) Chapter 9, Part 6, Bullying and Hazing;
261 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
262 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
263 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
264 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
265 (c) conduct and disseminate evidence-based research on school safety concerns;
266 (d) disseminate information on effective school safety initiatives;
267 (e) encourage partnerships between public and private sectors to promote school safety;
268 (f) provide technical assistance to an LEA in the development and implementation of
269school safety initiatives;
270 (g) in conjunction with the Department of Public Safety, develop and make available to
271an LEA a model critical incident response training program that includes:
272 (i) protocols for conducting a threat assessment, and ensuring building security during
273an incident; and
274 (ii) standardized response protocol terminology for use throughout the state;
275 (h) provide space for the public safety liaison described in Section 53-1-106 and the H.B. 61 12-20-22 5:25 PM
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276school-based mental health specialist described in Section 62A-15-103;
277 (i) create a model school climate survey that may be used by an LEA to assess
278stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
279Utah Administrative Rulemaking Act, adopt rules:
280 (i) requiring an LEA to:
281 (A) create or adopt and disseminate a school climate survey; and
282 (B) disseminate the school climate survey;
283 (ii) recommending the distribution method, survey frequency, and sample size of the
284survey; and
285 (iii) specifying the areas of content for the school climate survey; and
286 (j) collect aggregate data and school climate survey results from each LEA.
287 (3) Nothing in this section requires an individual to respond to a school climate survey.
288 (4) The state board shall require an LEA to:
289 (a) (i) review data from the state board-facilitated surveys containing school climate
290data for each school within the LEA; and
291 (ii) based on the review described in Subsection (4)(a)(i):
292 (A) revise practices, policies, and training to eliminate harassment and discrimination
293in each school within the LEA;
294 (B) adopt a plan for harassment- and discrimination-free learning; and
295 (C) host outreach events or assemblies to inform students and parents of the plan
296adopted under Subsection (4)(a)(ii)(B);
297 (b) no later than September 1 of each school year, send a notice to each student, parent,
298and LEA staff member stating the LEA's commitment to maintaining a school climate that is
299free of harassment and discrimination; and
300 (c) report to the state board:
301 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
302(4)(a)(ii)(B); and
303 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
304progress.
305 Section 10. Section 63I-2-253 is amended to read:
306 63I-2-253. Repeal dates: Titles 53 through 53G. 12-20-22 5:25 PM H.B. 61
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307 (1) Section 53-22-104 is repealed December 31, 2023.
308 (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
309technical college board of trustees, is repealed July 1, 2022.
310 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
311General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
312necessary changes to subsection numbering and cross references.
313 [(2)] (3) Section 53B-6-105.7 is repealed July 1, 2024.
314 [(3)] (4) Section 53B-7-707 regarding performance metrics for technical colleges is
315repealed July 1, 2023.
316 [(4)] (5) Section 53B-8-114 is repealed July 1, 2024.
317 [(5)] (6) The following provisions, regarding the Regents' scholarship program, are
318repealed on July 1, 2023:
319 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
320established under Sections 53B-8-202 through 53B-8-205";
321 (b) Section 53B-8-202;
322 (c) Section 53B-8-203;
323 (d) Section 53B-8-204; and
324 (e) Section 53B-8-205.
325 [(6)] (7) Section 53B-10-101 is repealed on July 1, 2027.
326 [(7)] (8) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
327repealed July 1, 2023.
328 [(8)] (9) Subsection 53E-1-201(1)(s) regarding the report by the Educational
329Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
330 [(9)] (10) Section 53E-1-202.2, regarding a Public Education Appropriations
331Subcommittee evaluation and recommendations, is repealed January 1, 2024.
332 [(10)] (11) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
333July 1, 2024.
334 [(11)] (12) In Subsections 53F-2-205(4) and (5), regarding the State Board of
335Education's duties if contributions from the minimum basic tax rate are overestimated or
336underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
3372023. H.B. 61 12-20-22 5:25 PM
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338 [(12)] (13) Section 53F-2-209, regarding local education agency budgetary flexibility,
339is repealed July 1, 2024.
340 [(13)] (14) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
341repealed July 1, 2023.
342 [(14)] (15) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
343Program, is repealed July 1, 2023.
344 [(15)] (16) Subsection 53F-2-314(4), relating to a one-time expenditure between the
345at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
346 [(16)] (17) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
347is repealed July 1, 2024.
348 [(17)] (18) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
349applicable" is repealed July 1, 2023.
350 [(18)] (19) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
351enrollment in kindergarten, is repealed July 1, 2022.
352 [(19)] (20) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
353in Subsection (4)(d)" is repealed July 1, 2022.
354 [(20)] (21) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
355 [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
356applicable" is repealed July 1, 2023.
357 [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
358applicable" is repealed July 1, 2023.
359 [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
360applicable" is repealed July 1, 2023.
361 [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
362as applicable" is repealed July 1, 2023.
363 [(25)] (26) On July 1, 2023, when making changes in this section, the Office of
364Legislative Research and General Counsel shall, in addition to the office's authority under
365Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
366identified in this section are complete sentences and accurately reflect the office's perception of
367the Legislature's intent.