Enrolled Copy H.B. 481
1 FIREARM SAFETY AND SUI CIDE PREVENTION EDUCATION
2 REQUIREMENTS
3 2023 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Sahara Hayes
6 Senate Sponsor: Stephanie Pitcher
7
8LONG TITLE
9General Description:
10 This bill modifies the suicide prevention information a school is required to provide a
11parent in certain circumstances.
12Highlighted Provisions:
13 This bill:
14 <requires a school to provide suicide prevention materials and information, including
15information on firearm safety, to a parent of a child who has threatened suicide or
16has been involved in an incident of bullying or other abusive conduct; and
17 <makes technical and conforming changes.
18Money Appropriated in this Bill:
19 None
20Other Special Clauses:
21 This bill provides a special effective date.
22Utah Code Sections Affected:
23AMENDS:
24 53G-9-601, as last amended by Laws of Utah 2019, Chapter 293
25 53G-9-604, as last amended by Laws of Utah 2019, Chapter 293
26
27Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 53G-9-601 is amended to read:
29 53G-9-601. Definitions. H.B. 481 Enrolled Copy
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30 As used in this part:
31 (1) (a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
32student directed toward a school employee that, based on its severity, nature, and frequency of
33occurrence, a reasonable person would determine is intended to cause intimidation,
34humiliation, or unwarranted distress.
35 (b) A single act does not constitute abusive conduct.
36 (2) "Bullying" means a school employee or student intentionally committing a written,
37verbal, or physical act against a school employee or student that a reasonable person under the
38circumstances should know or reasonably foresee will have the effect of:
39 (a) causing physical or emotional harm to the school employee or student;
40 (b) causing damage to the school employee's or student's property;
41 (c) placing the school employee or student in reasonable fear of:
42 (i) harm to the school employee's or student's physical or emotional well-being; or
43 (ii) damage to the school employee's or student's property;
44 (d) creating a hostile, threatening, humiliating, or abusive educational environment due
45to:
46 (i) the pervasiveness, persistence, or severity of the actions; or
47 (ii) a power differential between the bully and the target; or
48 (e) substantially interfering with a student having a safe school environment that is
49necessary to facilitate educational performance, opportunities, or benefits.
50 (3) "Communication" means the conveyance of a message, whether verbal, written, or
51electronic.
52 (4) "Cyber-bullying" means using the Internet, a cell phone, or another device to send
53or post text, video, or an image with the intent or knowledge, or with reckless disregard, that
54the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether
55the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the
56electronic communication.
57 (5) (a) "Hazing" means a school employee or student intentionally, knowingly, or Enrolled Copy H.B. 481
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58recklessly committing an act or causing another individual to commit an act toward a school
59employee or student that:
60 (i) (A) endangers the mental or physical health or safety of a school employee or
61student;
62 (B) involves any brutality of a physical nature, including whipping, beating, branding,
63calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or
64exposure to the elements;
65 (C) involves consumption of any food, alcoholic product, drug, or other substance or
66other physical activity that endangers the mental or physical health and safety of a school
67employee or student; or
68 (D) involves any activity that would subject a school employee or student to extreme
69mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that
70subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
71 (ii) (A) is committed for the purpose of initiation into, admission into, affiliation with,
72holding office in, or as a condition for membership in a school or school sponsored team,
73organization, program, club, or event; or
74 (B) is directed toward a school employee or student whom the individual who commits
75the act knows, at the time the act is committed, is a member of, or candidate for membership
76in, a school or school sponsored team, organization, program, club, or event in which the
77individual who commits the act also participates.
78 (b) The conduct described in Subsection (5)(a) constitutes hazing, regardless of
79whether the school employee or student against whom the conduct is committed directed,
80consented to, or acquiesced in, the conduct.
81 (6) "LEA governing board" means a local school board or charter school governing
82board.
83 (7) "Policy" means an LEA governing board policy described in Section 53G-9-605.
84 (8) "Public education suicide prevention coordinator" means the public education
85suicide prevention coordinator described in Section 53G-9-702. H.B. 481 Enrolled Copy
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86 [(8)] (9) "Retaliate" means an act or communication intended:
87 (a) as retribution against a person for reporting bullying or hazing; or
88 (b) to improperly influence the investigation of, or the response to, a report of bullying
89or hazing.
90 [(9)] (10) "School" means a public elementary or secondary school, including a charter
91school.
92 [(10)] (11) "School employee" means an individual working in the individual's official
93capacity as:
94 (a) a school teacher;
95 (b) a school staff member;
96 (c) a school administrator; or
97 (d) an individual:
98 (i) who is employed, directly or indirectly, by a school, an LEA governing board, or a
99school district; and
100 (ii) who works on a school campus.
101 (12) "State suicide prevention coordinator" means the state suicide prevention
102coordinator described in Section 62A-15-1101.
103 (13) "State superintendent" means the state superintendent of public instruction
104appointed under Section 53E-3-301.
105 Section 2. Section 53G-9-604 is amended to read:
106 53G-9-604. Parental notification of certain incidents and threats required.
107 (1) A school shall:
108 (a) notify a parent if the parent's student threatens [to commit] suicide; or
109 (b) notify the parents of each student involved in an incident of bullying,
110cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's
111student.
112 (2) (a) If a school notifies a parent of an incident or threat required to be reported under
113Subsection (1), the school shall: Enrolled Copy H.B. 481
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114 (i) produce and maintain a record that verifies that the parent was notified of the
115incident or threat[.];
116 [(b)] (ii) [A school shall ]maintain a record described in Subsection [(2)(a) ] (2)(a)(i) in
117accordance with the requirements of:
118 [(i)] (A) Title 53E, Chapter 9, Part 2, Student Privacy;
119 [(ii)] (B) Title 53E, Chapter 9, Part 3, Student Data Protection;
120 [(iii)] (C) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
121 [(iv)] (D) 34 C.F.R. Part 99; and
122 (iii) provide the parent with:
123 (A) suicide prevention materials and information; and
124 (B) information on ways to limit the student's access to fatal means, including a firearm
125or medication.
126 (b) The state superintendent shall select the materials and information described in
127Subsection (2)(a)(iii) in collaboration with the state suicide prevention coordinator and public
128education suicide prevention coordinator.
129 (3) A local school board or charter school governing board shall adopt a policy
130regarding the process for:
131 (a) notifying a parent as required in Subsection (1); and
132 (b) producing and retaining a record that verifies that a parent was notified of an
133incident or threat as required in Subsection (2).
134 (4) At the request of a parent, a school may provide information and make
135recommendations related to an incident or threat described in Subsection (1).
136 (5) A school shall:
137 (a) provide a student a copy of a record maintained in accordance with this section that
138relates to the student if the student requests a copy of the record; and
139 (b) expunge a record maintained in accordance with this section that relates to a
140student if the student:
141 (i) has graduated from high school; and H.B. 481 Enrolled Copy
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142 (ii) requests the record be expunged.
143 Section 3. Effective date.
144 This bill takes effect on August 1, 2023.