Utah 2023 Regular Session

Utah House Bill HB0061 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 61
	1	+	4th Sub. H.B. 61
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Rogers 6
	4	+	6 03-02-23 7:13 AM 6
	5	+	H.B. 61
	6	+	4th Sub. (Green)
	7	+	Senator Don L. Ipson proposes the following substitute bill:
2	8		1 SCHOOL SAFETY REQUI REMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ryan D. Wilcox
6	12		5 Senate Sponsor: Don L. Ipson
7	13		6Cosponsors:
8	14		7Cheryl K. Acton
9	15		Dan N. Johnson
10	16		Karianne Lisonbee
11	17		Karen M. Peterson
12	18		8
13	19		9LONG TITLE
14	20		10General Description:
15	21		11 This bill addresses school safety and security issues.
16	22		12Highlighted Provisions:
17	23		13 This bill:
18	24		14 <defines terms;
19	25		15 <creates a state security chief position within the Department of Public Safety;
20	26		16 <requires each county sheriff to identify an individual within the sheriff's office to
21	27		17coordinate between the county sheriff's office, the state security chief, and certain
22	28		18police chiefs within the county;
23	29		19 <creates the School Security Task Force;
24	30		20 <requires the task force to develop the qualifications, duties, and scope of authority
25	31		21of the state security chief;
26	32		22 <requires the board to issue a request for proposals for firearm detection software and
27	33		23allows an LEA to enter into a contract to use the software;
28	34		24 <provides for the board to administer a grant program for certain school safety and
	35	+	HB0061S04 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	36	+	- 2 -
29	37		25security services and materials;
30	38		26 <requires every public primary and secondary school to conduct a threat assessment
31		-	27and designate a school safety specialist; H.B. 61 Enrolled Copy
32		-	- 2 -
	39	+	27and designate a school safety specialist;
33	40		28 <modifies certain contracts concerning school resource officers, including the
34	41		29handling of certain student offenses;
35	42		30 <creates requirements for policies concerning school resource officers;
36	43		31 <adds components to the board's model critical response training program; and
37	44		32 <makes technical and conforming amendments.
38	45		33Money Appropriated in this Bill:
39	46		34 This bill appropriates in fiscal year 2024:
40	47		35 <to the State Board of Education - Contracted Initiatives and Grants, as a one-time
41	48		36appropriation:
42	49		37 Cfrom the Income Tax Fund, One-Time, $75,000,000;
43	50		38 <to the State Board of Education - Policy, Communication, & Oversight:
44	51		39 Cfrom the Income Tax Fund, $3,660,000; and
45	52		40 <to the Department of Public Safety - Programs and Operations:
46	53		41 Cfrom the General Fund, $283,000.
47	54		42Other Special Clauses:
48	55		43 None
49	56		44Utah Code Sections Affected:
50	57		45AMENDS:
51	58		46 53G-8-701, as last amended by Laws of Utah 2019, Chapter 293
52	59		47 53G-8-702, as last amended by Laws of Utah 2021, Chapter 279
53	60		48 53G-8-703, as last amended by Laws of Utah 2019, Chapter 293
54	61		49 53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
55	62		50 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
56	63		51and 409
57	64		52ENACTS:
58	65		53 53-22-101, Utah Code Annotated 1953
59	66		54 53-22-102, Utah Code Annotated 1953
60		-	55 53-22-103, Utah Code Annotated 1953 ~~Enrolled Copy~~ H.B. 61
	67	+	55 53-22-103, Utah Code Annotated 1953 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
61	68		- 3 -
62	69		56 53-22-104, Utah Code Annotated 1953
63	70		57 53F-4-208, Utah Code Annotated 1953
64	71		58 53F-5-220, Utah Code Annotated 1953
65	72		59 53G-8-701.5, Utah Code Annotated 1953
66	73		60 53G-8-703.2, Utah Code Annotated 1953
67	74		61
68	75		62Be it enacted by the Legislature of the state of Utah:
69	76		63 Section 1. Section 53-22-101 is enacted to read:
70	77		64 CHAPTER 22. SCHOOL SECURITY ACT
71	78		65 53-22-101. School Security Act -- Definitions.
72	79		66 As used in this chapter:
73	80		67 (1) "Public school" means the same as that term is defined in Section 53G-9-205.1.
74	81		68 (2) "School resource officer" or "SRO" means a law enforcement officer hired by a
75	82		69public school in accordance with Section 53G-8-703.
76	83		70 (3) "State security chief" means an individual appointed by the commissioner under
77	84		71Section 53-22-102.
78	85		72 Section 2. Section 53-22-102 is enacted to read:
79	86		73 53-22-102. State security chief -- Creation -- Appointment.
80	87		74 (1) There is created within the department a state security chief.
81	88		75 (2) The state security chief:
82	89		76 (a) is appointed by the commissioner with the approval of the governor;
83	90		77 (b) is subject to the supervision and control of the commissioner;
84	91		78 (c) may be removed at the will of the commissioner;
85	92		79 (d) shall be qualified by experience and education to:
86	93		80 (i) enforce the laws of this state relating to school safety;
87	94		81 (ii) perform duties prescribed by the commissioner; and
88	95		82 (iii) enforce rules made under this chapter.
89		-	83 (3) The duties and responsibilities of the state security chief shall be determined by the H.B. 61 Enrolled Copy
90		-	- 4 -
	96	+	83 (3) The duties and responsibilities of the state security chief shall be determined by the
91	97		84Commissioner of Public Safety in conjunction with the School Security Task Force created in
92	98		85Section 53-22-104.
93		-	86 Section 3. Section 53-22-103 is enacted to read:
	99	+	86 Section 3. Section 53-22-103 is enacted to read: 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	100	+	- 4 -
94	101		87 53-22-103. County sheriff responsibilities -- Coordination.
95	102		88 Each county sheriff shall identify an individual within the sheriff's office to coordinate
96	103		89security responsibilities between the state security chief, the county sheriff's office, and the
97	104		90corresponding police chiefs whose jurisdiction includes a public school within the county.
98	105		91 Section 4. Section 53-22-104 is enacted to read:
99	106		92 53-22-104. School Security Task Force -- Membership -- Duties -- Per diem --
100	107		93Report -- Expiration.
101	108		94 (1) There is created a School Security Task Force composed of the following 18
102	109		95members:
103	110		96 (a) the House chair of the Law Enforcement and Criminal Justice Interim Committee,
104	111		97who shall serve as chair, and who shall ensure that at least three members of the task force are
105	112		98parents of children in Utah schools;
106	113		99 (b) the House chair of the Criminal Code Evaluation Task Force;
107	114		100 (c) a member of the Senate, appointed by the president of the Senate;
108	115		101 (d) the state superintendent of the State Board of Education or the state
109	116		102superintendent's designee;
110	117		103 (e) the school safety specialist to the State Board of Education;
111	118		104 (f) the public safety liaison described in Section 53-1-106;
112	119		105 (g) the commissioner of the Department of Public Safety or the commissioner's
113	120		106designee;
114	121		107 (h) the director of the Utah Division of Juvenile Justice Youth Services or the director's
115	122		108designee;
116	123		109 (i) a member of the Utah School Superintendents Association, selected by the president
117	124		110of the association;
118		-	111 (j) two members of the Chiefs of Police Association, one from a city of the first or Enrolled Copy H.B. 61
119		-	- 5 -
	125	+	111 (j) two members of the Chiefs of Police Association, one from a city of the first or
120	126		112second class and one from a city of the third, fourth, fifth, or sixth class, selected by the
121	127		113president of the association;
122	128		114 (k) two members of the Sheriffs Association, one from a county of the first, second, or
123	129		115third class and one from a county of the fourth, fifth, or sixth class, selected by the president of
124	130		116the association;
125		-	117 (l) a representative from the Utah Association of Public Charter Schools selected by
	131	+	117 (l) a representative from the Utah Association of Public Charter Schools selected by 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
	132	+	- 5 -
126	133		118the president of the association;
127	134		119 (m) a representative from a school district, selected by the chair;
128	135		120 (n) an expert in school security, selected by the chair;
129	136		121 (o) a member of a local law enforcement agency recommended by the commissioner of
130	137		122the Department of Public Safety; and
131	138		123 (p) a member of the SafeUT and School Safety Commission, selected by the chair.
132	139		124 (2) The task force shall:
133	140		125 (a) determine the specific qualifications, duties, and responsibilities of the state
134	141		126security chief created in Section 53-22-102;
135	142		127 (b) create statewide standardized training requirements and hiring policies for school
136	143		128resource officers;
137	144		129 (c) review and revise, if necessary, the model critical incident response training
138	145		130program developed under Section 53G-8-802;
139	146		131 (d) develop training standards for active threats and emergency response in schools;
140	147		132 (e) recommend standards for the use of school security specialists;
141	148		133 (f) recommend safety and security protocols for the design, construction, and
142	149		134reconstruction of new and existing schools;
143	150		135 (g) develop legislation to accomplish Subsections (a) through (e) for introduction in the
144	151		1362024 General Session; and
145	152		137 (h) prepare a report and present any legislation developed to the Law Enforcement and
146	153		138Criminal Justice Interim Committee by November 30, 2023.
147		-	139 (3) (a) A majority of the members of the task force constitutes a quorum. H.B. 61 Enrolled Copy
148		-	- 6 -
	154	+	139 (3) (a) A majority of the members of the task force constitutes a quorum.
149	155		140 (b) The action of a majority of a quorum constitutes an action of the task force.
150	156		141 (4) The Office of Legislative Research and General Counsel shall provide staff for the
151	157		142task force.
152	158		143 (5) (a) Salaries and expenses of the members of the task force who are legislators shall
153	159		144be paid in accordance with:
154	160		145 (i) Section 36-2-2;
155	161		146 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
156	162		147Expenses; and
157		-	148 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
	163	+	148 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation. 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	164	+	- 6 -
158	165		149 (b) A member of the task force who is not a legislator may not receive compensation
159	166		150for the member's work associated with the task force but may receive per diem and
160	167		151reimbursement for travel expenses incurred as a member of the task force at the rates
161	168		152established by the Division of Finance under:
162	169		153 (i) Sections 63A-3-106 and 63A-3-107; and
163	170		154 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
164	171		15563A-3-107.
165	172		156 (6) This task force expires December 31, 2023.
166	173		157 Section 5. Section 53F-4-208 is enacted to read:
167	174		158 53F-4-208. State board procurement for school security software.
168	175		159 (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
169	176		160shall issue a request for proposals, on or before June 15, 2023, and enter a contract with a
170	177		161private vendor for firearm detection software to detect and alert district personnel and first
171	178		162responders about the presence of visible, unholstered firearms on school property.
172	179		163 (2) The contract described in Subsection (1) shall require the firearm detection
173	180		164software to be:
174	181		165 (a) developed in the United States without the use of any third-party or open-source
175	182		166data;
176		-	167 (b) protected by an awarded patent that includes a training database populated with Enrolled Copy H.B. 61
177		-	- 7 -
	183	+	167 (b) protected by an awarded patent that includes a training database populated with
178	184		168frames of actual videos of firearms taken in relevant environments across diverse industries;
179	185		169 (c) designated as qualified anti-terrorism technology under the federal SAFETY Act, 6
180	186		170U.S.C. Sec. 441 et seq.;
181	187		171 (d) designed to integrate with existing security camera infrastructure at school districts;
182	188		172 (e) managed directly by the contracted vendor through a constantly monitored
183	189		173operations center that is staffed by highly trained analysts in order to rapidly communicate
184	190		174possible threats to end users; and
185	191		175 (f) successfully deployed in other states, school districts, and commercial users.
186	192		176 (3) An LEA may enter into the contract described in Subsection (1) for firearm
187	193		177detection software at the LEA's schools.
188	194		178 Section 6. Section 53F-5-220 is enacted to read:
189		-	179 53F-5-220. School Safety and Support Grant Program -- Rulemaking.
	195	+	179 53F-5-220. School Safety and Support Grant Program -- Rulemaking. 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
	196	+	- 7 -
190	197		180 (1) The state board may award a grant to an LEA in response to an LEA request for
191	198		181proposal to provide a school with:
192	199		182 (a) school resource officer services;
193	200		183 (b) school safety specialists and school safety specialist training;
194	201		184 (c) safety and security training by law enforcement agencies for school employees;
195	202		185 (d) interoperable communication hardware, software, equipment maintenance, and
196	203		186training for first responder communication systems;
197	204		187 (e) enhanced physical security at a school upon completion of the school's threat
198	205		188assessment;
199	206		189 (f) first-aid kits for classrooms; or
200	207		190 (g) bleeding control kits.
201	208		191 (2) An LEA may not apply for a grant under this section to fund services already in
202	209		192place, but an LEA may submit a request for proposal to fund an expansion of or enhancement
203	210		193to existing services.
204	211		194 (3) The state board shall prioritize grant funding for LEAs with low student counts that
205		-	195have designated a school safety specialist in each school. H.B. 61 Enrolled Copy
206		-	- 8 -
	212	+	195have designated a school safety specialist in each school.
207	213		196 (4) The state board may adopt rules in accordance with Title 63G, Chapter 3, Utah
208	214		197Administrative Rulemaking Act, to administer this section.
209	215		198 Section 7. Section 53G-8-701 is amended to read:
210	216		199 53G-8-701. Definitions.
211	217		200 As used in this part:
212	218		201 (1) "Law enforcement agency" means the same as that term is defined in Section
213	219		20253-1-102.
214	220		203 (2) "Public school" means the same as that term is defined in Section 53G-9-205.1.
215	221		204 [(2)] (3) "School resource officer" or "SRO" means a law enforcement officer, as
216	222		205defined in Section 53-13-103, who contracts with or whose law enforcement agency contracts
217	223		206with an LEA to provide law enforcement services for the LEA.
218	224		207 (4) "School safety specialist" means a school employee who is responsible for
219	225		208supporting school safety initiatives including the threat assessment described in Subsection
220	226		20953G-8-802(2)(g)(i).
221		-	210 Section 8. Section 53G-8-701.5 is enacted to read:
	227	+	210 Section 8. Section 53G-8-701.5 is enacted to read: 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	228	+	- 8 -
222	229		211 53G-8-701.5. Threat assessment and school safety specialist.
223	230		212 Every public primary and secondary school shall:
224	231		213 (1) conduct a threat assessment as described in Subsection 53G-8-802(2)(g)(i); and
225	232		214 (2) designate a school safety specialist.
226	233		215 Section 9. Section 53G-8-702 is amended to read:
227	234		216 53G-8-702. School resource officer training -- Curriculum.
228	235		217 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
229	236		218state board shall make rules that prepare and make available a training program for school
230	237		219principals, school personnel, and school resource officers to attend.
231	238		220 (2) To create the curriculum and materials for the training program described in
232	239		221Subsection (1), the state board shall:
233	240		222 (a) work in conjunction with the State Commission on Criminal and Juvenile Justice
234		-	223created in Section 63M-7-201; Enrolled Copy H.B. 61
235		-	- 9 -
	241	+	223created in Section 63M-7-201;
236	242		224 (b) solicit input from local school boards, charter school governing boards, and the
237	243		225Utah Schools for the Deaf and the Blind;
238	244		226 (c) consult with a nationally recognized organization that provides resources and
239	245		227training for school resource officers;
240	246		228 [(c)] (d) solicit input from local law enforcement and other interested community
241	247		229stakeholders; and
242	248		230 [(d)] (e) consider the current United States Department of Education recommendations
243	249		231on school discipline and the role of a school resource officer.
244	250		232 (3) The training program described in Subsection (1) may include training on the
245	251		233following:
246	252		234 (a) childhood and adolescent development;
247	253		235 (b) responding age-appropriately to students;
248	254		236 (c) working with disabled students;
249	255		237 (d) techniques to de-escalate and resolve conflict;
250	256		238 (e) cultural awareness;
251	257		239 (f) restorative justice practices;
252	258		240 (g) identifying a student exposed to violence or trauma and referring the student to
253		-	241appropriate resources;
	259	+	241appropriate resources; 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
	260	+	- 9 -
254	261		242 (h) student privacy rights;
255	262		243 (i) negative consequences associated with youth involvement in the juvenile and
256	263		244criminal justice systems;
257	264		245 (j) strategies to reduce juvenile justice involvement;
258	265		246 (k) roles of and distinctions between a school resource officer and other school staff
259	266		247who help keep a school secure;
260	267		248 (l) developing and supporting successful relationships with students; and
261	268		249 (m) legal parameters of searching and questioning students on school property.
262	269		250 (4) The state board shall work together with the Department of Public Safety, the State
263		-	251Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish H.B. 61 Enrolled Copy
264		-	- 10 -
	270	+	251Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish
265	271		252policies, [and] procedures, [that govern] and training requirements for school resource officers.
266	272		253 Section 10. Section 53G-8-703 is amended to read:
267	273		254 53G-8-703. Contracts between an LEA and law enforcement for school resource
268	274		255officer services -- Requirements.
269	275		256 (1) An LEA may contract with a local law enforcement agency [or an individual] to
270	276		257provide school resource officer services at the LEA [if the LEA governing board reviews and
271	277		258approves the contract].
272	278		259 (2) [If an LEA contracts] An LEA contract with a law enforcement agency [or an
273	279		260individual] to provide SRO services at the LEA[, the LEA governing board] shall require in the
274	280		261contract:
275	281		262 (a) an acknowledgment by the law enforcement agency [or the individual] that an SRO
276	282		263hired under the contract shall:
277	283		264 (i) provide for and maintain a safe, healthy, and productive learning environment in a
278	284		265school;
279	285		266 (ii) act as a positive role model to students;
280	286		267 (iii) work to create a cooperative, proactive, and problem-solving partnership between
281	287		268law enforcement and the LEA;
282	288		269 (iv) emphasize the use of restorative approaches to address negative behavior; and
283	289		270 (v) at the request of the LEA, teach a vocational law enforcement class;
284	290		271 (b) a description of the shared understanding of the LEA and the law enforcement
285		-	272agency [or individual] regarding the roles and responsibilities of law enforcement and the LEA
	291	+	272agency [or individual] regarding the roles and responsibilities of law enforcement and the LEA 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	292	+	- 10 -
286	293		273to:
287	294		274 (i) maintain safe schools;
288	295		275 (ii) improve school climate; and
289	296		276 (iii) support educational opportunities for students;
290	297		277 (c) a designation of student offenses that, in accordance with Section 53G-8-211, the
291	298		278SRO:
292		-	279 (i) may refer to the juvenile court; Enrolled Copy H.B. 61
293		-	- 11 -
	299	+	279 (i) may refer to the juvenile court;
294	300		280 (ii) [the SRO] shall confer with the LEA to resolve[, including an offense that:]; and
295	301		281 [(i) is a minor violation of the law; and]
296	302		282 [(ii) would not violate the law if the offense was committed by an adult;]
297	303		283 [(d)] (iii) [a designation of student offenses that are administrative issues that an SRO]
298	304		284shall refer to a school administrator for resolution [in accordance with Section 53G-8-211] as
299	305		285an administrative issue with the understanding that the SRO will be informed of the outcome of
300	306		286the administrative issue;
301	307		287 [(e)] (d) a detailed description of the rights of a student under state and federal law
302	308		288with regard to:
303	309		289 (i) searches;
304	310		290 (ii) questioning;
305	311		291 (iii) arrests; and
306	312		292 [(iii)] (iv) information privacy;
307	313		293 [(f)] (e) a detailed description of:
308	314		294 (i) job assignment and duties[;], including:
309	315		295 (A) the school to which the SRO will be assigned;
310	316		296 (B) the hours the SRO is expected to be present at the school;
311	317		297 (C) the point of contact at the school;
312	318		298 (D) specific responsibilities for providing and receiving information; and
313	319		299 (E) types of records to be kept, and by whom;
314	320		300 (ii) training requirements; and
315	321		301 (iii) other expectations of the SRO and school administration in relation to law
316	322		302enforcement at the LEA;
317		-	303 [(g)] (f) that an SRO who is hired under the contract and the principal at the school
	323	+	303 [(g)] (f) that an SRO who is hired under the contract and the principal at the school 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
	324	+	- 11 -
318	325		304where an SRO will be working, or the principal's designee, will jointly complete the SRO
319	326		305training described in Section 53G-8-702; [and]
320	327		306 [(h) if the contract is between an LEA and a law enforcement agency, that:]
321		-	307 [(i)] (g) that both parties agree to jointly discuss SRO applicants; and H.B. 61 Enrolled Copy
322		-	- 12 -
	328	+	307 [(i)] (g) that both parties agree to jointly discuss SRO applicants; and
323	329		308 [(ii)] (h) that the law enforcement agency will, at least annually, seek out and accept
324	330		309feedback from an LEA about an SRO's performance.
325	331		310 Section 11. Section 53G-8-703.2 is enacted to read:
326	332		311 53G-8-703.2. LEA establishment of SRO policy -- Public comment.
327	333		312 (1) An LEA shall establish an SRO policy.
328	334		313 (2) The SRO policy described in Subsection (1) shall include:
329	335		314 (a) the contract described in Section 53G-8-703; and
330	336		315 (b) all other procedures and requirements governing the relationship between the LEA
331	337		316and an SRO.
332	338		317 (3) Before implementing the SRO policy described in Subsection (1), the LEA shall
333	339		318present the SRO policy at a public meeting and receive public comment on the SRO policy.
334	340		319 Section 12. Section 53G-8-802 is amended to read:
335	341		320 53G-8-802. State Safety and Support Program -- State board duties -- LEA
336	342		321duties.
337	343		322 (1) There is created the State Safety and Support Program.
338	344		323 (2) The state board shall:
339	345		324 (a) develop in conjunction with the Division of Substance Abuse and Mental Health
340	346		325model student safety and support policies for an LEA, including:
341	347		326 (i) evidence-based procedures for the assessment of and intervention with an individual
342	348		327whose behavior poses a threat to school safety;
343	349		328 (ii) procedures for referrals to law enforcement; and
344	350		329 (iii) procedures for referrals to a community services entity, a family support
345	351		330organization, or a health care provider for evaluation or treatment;
346	352		331 (b) provide training:
347	353		332 (i) in school safety;
348	354		333 (ii) in evidence-based approaches to improve school climate and address and correct
349		-	334bullying behavior;
350		-	~~335 (iii) in evidence-based approaches in identifying an individual who may pose a threat Enrolled Copy H.B. 61~~
351		-	~~- 13 -~~
	355	+	334bullying behavior; 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	356	+	- 12 -
	357	+	335 (iii) in evidence-based approaches in identifying an individual who may pose a threat
352	358		336to the school community;
353	359		337 (iv) in evidence-based approaches in identifying an individual who may be showing
354	360		338signs or symptoms of mental illness;
355	361		339 (v) on permitted disclosures of student data to law enforcement and other support
356	362		340services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
357	363		341 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
358	364		34253E-9-203 and 53E-9-305; and
359	365		343 (vii) for administrators on rights and prohibited acts under:
360	366		344 (A) Chapter 9, Part 6, Bullying and Hazing;
361	367		345 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
362	368		346 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
363	369		347 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
364	370		348 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
365	371		349 (c) conduct and disseminate evidence-based research on school safety concerns;
366	372		350 (d) disseminate information on effective school safety initiatives;
367	373		351 (e) encourage partnerships between public and private sectors to promote school safety;
368	374		352 (f) provide technical assistance to an LEA in the development and implementation of
369	375		353school safety initiatives;
370	376		354 (g) in conjunction with the Department of Public Safety, develop and make available to
371	377		355an LEA a model critical incident response training program that includes:
372	378		356 (i) protocols for conducting a threat assessment, and ensuring building security during
373	379		357an incident, as required in Section 53G-8-701.5;
374	380		358 (ii) standardized response protocol terminology for use throughout the state;
375	381		359 (iii) protocols for planning and safety drills; and
376	382		360 (iv) recommendations for safety equipment for schools including amounts and types of
377	383		361first aid supplies;
378	384		362 (h) provide space for the public safety liaison described in Section 53-1-106 and the
379		-	363school-based mental health specialist described in Section 62A-15-103; H.B. 61 Enrolled Copy
380		-	- 14 -
	385	+	363school-based mental health specialist described in Section 62A-15-103;
381	386		364 (i) create a model school climate survey that may be used by an LEA to assess
382		-	365stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
	387	+	365stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3, 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
	388	+	- 13 -
383	389		366Utah Administrative Rulemaking Act, adopt rules:
384	390		367 (i) requiring an LEA to:
385	391		368 (A) create or adopt and disseminate a school climate survey; and
386	392		369 (B) disseminate the school climate survey;
387	393		370 (ii) recommending the distribution method, survey frequency, and sample size of the
388	394		371survey; and
389	395		372 (iii) specifying the areas of content for the school climate survey; and
390	396		373 (j) collect aggregate data and school climate survey results from each LEA.
391	397		374 (3) Nothing in this section requires an individual to respond to a school climate survey.
392	398		375 (4) The state board shall require an LEA to:
393	399		376 (a) (i) review data from the state board-facilitated surveys containing school climate
394	400		377data for each school within the LEA; and
395	401		378 (ii) based on the review described in Subsection (4)(a)(i):
396	402		379 (A) revise practices, policies, and training to eliminate harassment and discrimination
397	403		380in each school within the LEA;
398	404		381 (B) adopt a plan for harassment- and discrimination-free learning; and
399	405		382 (C) host outreach events or assemblies to inform students and parents of the plan
400	406		383adopted under Subsection (4)(a)(ii)(B);
401	407		384 (b) no later than September 1 of each school year, send a notice to each student, parent,
402	408		385and LEA staff member stating the LEA's commitment to maintaining a school climate that is
403	409		386free of harassment and discrimination; and
404	410		387 (c) report to the state board:
405	411		388 (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
406	412		389(4)(a)(ii)(B); and
407	413		390 (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
408		-	391progress. Enrolled Copy H.B. 61
409		-	- 15 -
	414	+	391progress.
410	415		392 Section 13. Section 63I-2-253 is amended to read:
411	416		393 63I-2-253. Repeal dates: Titles 53 through 53G.
412	417		394 (1) Section 53-22-104 is repealed December 31, 2023.
413	418		395 (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
414		-	396technical college board of trustees, is repealed July 1, 2022.
	419	+	396technical college board of trustees, is repealed July 1, 2022. 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	420	+	- 14 -
415	421		397 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
416	422		398General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
417	423		399necessary changes to subsection numbering and cross references.
418	424		400 [(2)] (3) Section 53B-6-105.7 is repealed July 1, 2024.
419	425		401 [(3)] (4) Section 53B-7-707 regarding performance metrics for technical colleges is
420	426		402repealed July 1, 2023.
421	427		403 [(4)] (5) Section 53B-8-114 is repealed July 1, 2024.
422	428		404 [(5)] (6) The following provisions, regarding the Regents' scholarship program, are
423	429		405repealed on July 1, 2023:
424	430		406 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
425	431		407established under Sections 53B-8-202 through 53B-8-205";
426	432		408 (b) Section 53B-8-202;
427	433		409 (c) Section 53B-8-203;
428	434		410 (d) Section 53B-8-204; and
429	435		411 (e) Section 53B-8-205.
430	436		412 [(6)] (7) Section 53B-10-101 is repealed on July 1, 2027.
431	437		413 [(7)] (8) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
432	438		414repealed July 1, 2023.
433	439		415 [(8)] (9) Subsection 53E-1-201(1)(s) regarding the report by the Educational
434	440		416Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
435	441		417 [(9)] (10) Section 53E-1-202.2, regarding a Public Education Appropriations
436	442		418Subcommittee evaluation and recommendations, is repealed January 1, 2024.
437		-	419 [(10)] (11) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed H.B. 61 Enrolled Copy
438		-	- 16 -
	443	+	419 [(10)] (11) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
439	444		420July 1, 2024.
440	445		421 [(11)] (12) In Subsections 53F-2-205(4) and (5), regarding the State Board of
441	446		422Education's duties if contributions from the minimum basic tax rate are overestimated or
442	447		423underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
443	448		4242023.
444	449		425 [(12)] (13) Section 53F-2-209, regarding local education agency budgetary flexibility,
445	450		426is repealed July 1, 2024.
446		-	427 [(13)] (14) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
	451	+	427 [(13)] (14) Subsection 53F-2-301(1), relating to the years the section is not in effect, is 03-02-23 7:13 AM 4th Sub. (Green) H.B. 61
	452	+	- 15 -
447	453		428repealed July 1, 2023.
448	454		429 [(14)] (15) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
449	455		430Program, is repealed July 1, 2023.
450	456		431 [(15)] (16) Subsection 53F-2-314(4), relating to a one-time expenditure between the
451	457		432at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
452	458		433 [(16)] (17) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
453	459		434is repealed July 1, 2024.
454	460		435 [(17)] (18) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
455	461		436applicable" is repealed July 1, 2023.
456	462		437 [(18)] (19) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for
457	463		438enrollment in kindergarten, is repealed July 1, 2022.
458	464		439 [(19)] (20) In Subsection 53F-4-404(4)(c), the language that states "Except as provided
459	465		440in Subsection (4)(d)" is repealed July 1, 2022.
460	466		441 [(20)] (21) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.
461	467		442 [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
462	468		443applicable" is repealed July 1, 2023.
463	469		444 [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
464	470		445applicable" is repealed July 1, 2023.
465	471		446 [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
466		-	447applicable" is repealed July 1, 2023. Enrolled Copy H.B. 61
467		-	- 17 -
	472	+	447applicable" is repealed July 1, 2023.
468	473		448 [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
469	474		449as applicable" is repealed July 1, 2023.
470	475		450 [(25)] (26) On July 1, 2023, when making changes in this section, the Office of
471	476		451Legislative Research and General Counsel shall, in addition to the office's authority under
472	477		452Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
473	478		453identified in this section are complete sentences and accurately reflect the office's perception of
474	479		454the Legislature's intent.
475	480		455 Section 14. Appropriation.
476	481		456 The following sums of money are appropriated for the fiscal year beginning July 1,
477	482		4572023, and ending June 30, 2024. These are additions to amounts previously appropriated for
478		-	458fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
	483	+	458fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures 4th Sub. (Green) H.B. 61 03-02-23 7:13 AM
	484	+	- 16 -
479	485		459Act, the Legislature appropriates the following sums of money from the funds or accounts
480	486		460indicated for the use and support of the government of the state of Utah.
481	487		461ITEM 1
482	488		462To State Board of Education -- Contracted Initiatives and Grants
483	489		463 From Public Education Economic Stabilization Restricted
484	490		464 Account, One-Time 75,000,000
485	491		465 Schedule of Programs:
486	492		466 School Safety and Support Grant Program 75,000,000
487	493		467 The Legislature intends that:
488	494		468 (1) $72,000,000 of the appropriation under this item be used for the grant program
489	495		469described in Section 53F-5-220;
490	496		470 (2) $3,000,000 of the appropriation under this item be used for the procurement
491	497		471described in Section 53F-4-208 of this bill; and
492	498		472 (3) under Section 63J-1-603, the one-time appropriation provided under this item not
493	499		473lapse at the close of fiscal year 2024 and the use of any nonlapsing funds is limited to the
494	500		474purposes described in Subsections (1) and (2) of this item.
495		-	475ITEM 2 H.B. 61 Enrolled Copy
496		-	- 18 -
	501	+	475ITEM 2
497	502		476To State Board of Education -- Policy, Communication, & Oversight
498	503		477 From Income Tax Fund 3,660,000
499	504		478 Schedule of Programs:
500	505		479 Student Support Services 3,660,000
501	506		480 The Legislature intends that the appropriation under this item be used to fulfill
502	507		481requirements under this bill for school safety specialists and training.
503	508		482ITEM 3
504	509		483To Department of Public Safety -- Programs and Operations
505	510		484 From General Fund 283,000
506	511		485 Schedule of Programs:
507	512		486 Department Commissioner's Office 283,000