02-18 16:04 4th Sub. (Green) H.B. 40
Ryan D. Wilcox proposes the following substitute bill:
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School Safety Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Ann Millner
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LONG TITLE
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General Description:
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This bill modifies school safety provisions.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ modifies communication device requirements for new construction to post-completion
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determination;
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▸ amends building standards;
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▸ revises screening and training requirements for school safety personnel;
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▸ adjusts school safety personnel provisions;
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▸ changes safety assessment deadlines and responsibilities;
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▸ establishes a school safety foundation for certain purposes;
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▸ creates compliance supports;
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▸ modifies certain administrative structures within the school safety program; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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This bill appropriates $100,000,000 in operating and capital budgets for fiscal year 2026,
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all of which is from the various sources as detailed in this bill.
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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15A-5-203, as last amended by Laws of Utah 2024, Chapters 21, 381
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53-22-102, as last amended by Laws of Utah 2024, Chapter 21
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53-22-103, as last amended by Laws of Utah 2024, Chapter 21
4th Sub. H.B. 40 4th Sub. (Green) H.B. 40 02-18 16:04
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53-22-104.1, as enacted by Laws of Utah 2024, Chapter 21
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53-22-104.2, as enacted by Laws of Utah 2024, Chapter 21
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53-22-105, as enacted by Laws of Utah 2024, Chapter 21
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53-22-106, as enacted by Laws of Utah 2024, Chapter 21
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53B-28-401, as last amended by Laws of Utah 2024, Chapters 65, 378
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53B-28-403, as enacted by Laws of Utah 2021, Chapter 332
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53E-1-201, as last amended by Laws of Utah 2024, Chapters 3, 460 and 525
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53F-2-208, as last amended by Laws of Utah 2024, Chapters 460, 484
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53G-8-102, as enacted by Laws of Utah 2018, Chapter 3
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53G-8-701, as last amended by Laws of Utah 2024, Chapter 21
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53G-8-701.5, as repealed and reenacted by Laws of Utah 2024, Chapter 21
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53G-8-701.6, as enacted by Laws of Utah 2024, Chapter 21
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53G-8-701.8, as enacted by Laws of Utah 2024, Chapter 21
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53G-8-704, as enacted by Laws of Utah 2024, Chapter 21
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53G-8-802, as last amended by Laws of Utah 2024, Chapter 23
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53G-8-803, as last amended by Laws of Utah 2024, Chapter 21
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53G-8-805, as enacted by Laws of Utah 2024, Chapter 21
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53G-9-207, as last amended by Laws of Utah 2024, Chapter 520
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53G-9-703, as last amended by Laws of Utah 2024, Chapter 20
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53G-10-408, as enacted by Laws of Utah 2022, Chapter 292
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63I-1-253, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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ENACTS:
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53-22-108, Utah Code Annotated 1953
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53-22-109, Utah Code Annotated 1953
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53-25-601, Utah Code Annotated 1953
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53B-28-404, Utah Code Annotated 1953
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53F-2-422, Utah Code Annotated 1953
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76-5-417, Utah Code Annotated 1953
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REPEALS:
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53F-4-208, as enacted by Laws of Utah 2023, Chapter 383
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 15A-5-203 is amended to read:
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15A-5-203 . Amendments and additions to IFC related to fire safety, building,
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and site requirements.
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(1) For IFC, Chapter 5, Fire Service Features:
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(a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
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follows: "An authority having jurisdiction over a structure built in accordance with
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the requirements of the International Residential Code as adopted in the State
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Construction Code, may require an automatic fire sprinkler system for the structure
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only by ordinance and only if any of the following conditions exist:
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(i) the structure:
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(A) is located in an urban-wildland interface area as provided in the Utah
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Wildland Urban Interface Code adopted as a construction code under the State
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Construction Code; and
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(B) does not meet the requirements described in Utah Code, Subsection 65A-8-203
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(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
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County Wildland Fire Ordinance;
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(ii) the structure is in an area where a public water distribution system with fire
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hydrants does not exist as required in Utah Administrative Code, R309-550-5,
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Water Main Design;
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(iii) the only fire apparatus access road has a grade greater than 10% for more than
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500 continual feet;
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(iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
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exceeds 10,000 square feet; or
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(v) the total floor area of all floor levels within the exterior walls of the dwelling unit
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is double the average of the total floor area of all floor levels of unsprinkled
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homes in the subdivision that are no larger than 10,000 square feet.
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(vi) Exception: A single family dwelling does not require a fire sprinkler system if
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the dwelling:
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(A) is located outside the wildland urban interface;
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(B) is built in a one-lot subdivision; and
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(C) has 50 feet of defensible space on all sides that limits the propensity of fire
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spreading from the dwelling to another property."
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(b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
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follows: "Where access to or within a structure or an area is restricted because of
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secured openings or where immediate access is necessary for life-saving or
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fire-fighting purposes, the fire code official, after consultation with the building
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owner, may require a key box to be installed in an approved location. The key box
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shall contain keys to gain necessary access as required by the fire code official. For
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each fire jurisdiction that has at least one building with a required key box, the fire
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jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that
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creates a process to ensure that each key to each key box is properly accounted for
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and secure."
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(c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is
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added as follows: "Fire flow may be reduced for an isolated one- and two-family
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dwelling when the authority having jurisdiction over the dwelling determines that the
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development of a full fire-flow requirement is impractical."
107 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
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"507.1.2 Pre-existing subdivision lots.
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The requirements for a pre-existing subdivision lot shall not exceed the requirements
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described in Section 501.5."
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(e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One
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interior and one detached accessory dwelling unit on a single residential lot."
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(f) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in
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new buildings, is amended by adding: "When required by the fire code official,
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unless the new building is a public school as that term is defined in Section
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53G-9-205.1 or a private school, [then] if determined by the fire code official to be
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necessary after construction of the new building is completed, then the fire code
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official shall require," at the beginning of the first paragraph.
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(2) For IFC, Chapter 6, Building Services and Systems:
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(a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
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follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key
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box or similar box with corresponding key system that is adjacent to the elevator for
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immediate use by the fire department. The key box shall contain one key for each
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elevator, one key for lobby control, and any other keys necessary for emergency
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service. The elevator key box shall be accessed using a 6049 numbered key."
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(b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
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the word "Code", add the words "and NFPA 96".
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(c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
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hood is not required for a cooking appliance in a microenterprise home kitchen, as
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that term is defined in Utah Code, Section 26B-7-401, for which the operator obtains
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a permit in accordance with Section 26B-7-416."
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(3) IFC, Chapter 7, Fire and Smoke Protection Features, Section 702.5, is deleted.
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Section 2. Section 53-22-102 is amended to read:
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53-22-102 . State security chief -- Creation -- Appointment.
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(1) There is created within the department a state security chief.
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(2) The state security chief:
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(a) is appointed by the commissioner with the approval of the governor;
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(b) is subject to the supervision and control of the commissioner;
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(c) may be removed at the will of the commissioner;
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(d) shall be qualified by experience and education to:
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(i) enforce the laws of this state relating to school safety;
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(ii) perform duties prescribed by the commissioner; and
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(iii) enforce rules made under this chapter.
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(3) The state security chief shall:
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(a) establish building and safety standards for all public and private schools, including:
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(i) establishing a reasonable schedule or timeline spanning several years for existing
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buildings to come into compliance with this section;
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(ii) coordinating with the State Board of Education to establish the required minimum
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safety and security standards for all public and private school facilities, including:
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(A) limited entry points, including, if applicable, secured entry points for specific
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student grades or groups;
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(B) internal video surveillance[ of entrances when school is in session];
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(C) [ground level] exterior windows, which are windows surrounding points of
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entry[ windows] , protected by security [film] glazing or ballistic windows;
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(D) internal classroom door locks;
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(E) bleed kits and first aid kits;
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(F) exterior cameras on entrances, parking areas, and campus grounds; [and]
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(G) fencing around playgrounds; and
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(H) compliance with universal access key box requirements under Section
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53G-8-305;
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[(ii) establishing a schedule or timeline for existing buildings to come into
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compliance with this section;]
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(iii) creating a process to examine plans and specifications for construction or
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remodeling of a school building, in accordance with Section 53E-3-706;
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(iv) recommending to the commissioner the denial or revocation a public or private
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school's occupancy permit for a building if:
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(A) the building does not meet the standards established in this section; and
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(B) after consultation with the local governing board, the building remains
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non-compliant with the standards established in this section;
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(v) creating minimum standards for radio communication equipment in every school;
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(vi) establishing an incident response method or system that a school shall use; and
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[(vi)] (vii) establishing a process to approve the safety and security criteria the state
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superintendent of public instruction establishes for building inspectors described
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in Section 53E-3-706;
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(b) oversee the implementation of the school safety personnel requirements described in
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Section 53G-8-701.5, including:
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(i) in consultation with a county security chief, overseeing the school guardian
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program described in Section 53-22-105, including approving and coordinating
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the relevant training programs;
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(ii) establishing an application process for approved alternatives to the school safety
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personnel requirements described in Section 53G-8-701.5;
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(iii) selecting training requirements for school safety and security specialists in
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consultation with the State Board of Education as described in Section
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53G-8-701.6;
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(iv) as required by Section 53G-8-701.8, tracking each school safety and security
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director for a local education agency and ensuring that the contact information for
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the school safety and security directors is readily available to the local law
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enforcement agency of relevant jurisdiction; and
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(v) reviewing and approving the State Board of Education's school resource officer
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training program as described in Section 53G-8-702;
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(c) oversee the creation of school safety trainings, protocols, and incident responses,
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including:
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(i) in consultation with the State Board of Education, defining what constitutes an
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"active threat" and "developmentally appropriate" for purposes of the emergency
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response training described in Section 53G-8-803;
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(ii) in consultation with the Office of Substance [Abuse] Use and Mental Health,
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establishing or selecting an adolescent mental health and de-escalation training for
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school safety personnel;
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(iii) consulting with the School Safety Center to develop the model critical incident
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response that all schools and law enforcement will use during a threat, including:
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(A) standardized response protocol terminology for use throughout the state,
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including what constitutes a threat;
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(B) protocols for planning and safety drills, including drills required in a school
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before the school year begins;
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(C) integration and appropriate use of a panic alert device described in Subsection
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53G-8-805;
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(D) the establishment of incident command for a threat or safety incident,
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including which entity and individual runs the incident command;
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(E) the required components for a communication plan to be followed during an
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incident or threat;
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(F) reunification plan protocols, including the appropriate design and use of an
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incident command by others responding to or involved in an incident; and
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(G) recommendations for safety equipment for schools, including amounts and
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types of first aid supplies;
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(iv) reviewing and suggesting any changes to the response plans and training under
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Section 53G-8-803;
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(v) creating the official standard response protocol described in Section 53G-8-803
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for use by schools and law enforcement for school safety incidents;
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(vi) ensuring a school physically marks doorways and hallways consistent with the
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incident response method required in Subsection (3)(a); and
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[(vi)] (vii) establishing a manner for any security personnel described in Section
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53G-8-701.5 to be quickly identified by law enforcement during an incident;
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(d) in collaboration with the School Safety Center, create a needs assessment that a local
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education agency shall use to ensure compliance with the needs assessment
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requirement described in Section 53G-8-701.5;
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(e) in consultation with the School Safety Center, select a system to track relevant data,
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including the tracking required in Sections 53-22-105, 53G-8-701.5, 53G-8-701.8,
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and 53G-8-704;
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(f) in consultation with the School Safety Center established in Section 53G-8-802:
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(i) create a process to receive and analyze the school safety needs assessments
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described in Section 53G-8-701.5; and
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(ii) establish a required data reporting system for public schools to report serious and
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non-serious threats and other data related to threat assessment that the state
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security chief determines to be necessary; and
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(g) in collaboration with the Utah Education and Telehealth Network created in Section
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53B-17-105 and the School Safety Center established in Section 53G-8-802, study
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possible recommendations for minimum cybersecurity standards for local education
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agencies; and
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[(e)] (h) fulfill any other duties and responsibilities determined by the commissioner.
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(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department, in consultation with the state security chief, shall make rules to fulfill the
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duties described in this section.
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(5) The state security chief may delegate duties under this section to a sworn department
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member with the approval of the commissioner.
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Section 3. Section 53-22-103 is amended to read:
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53-22-103 . County sheriff responsibilities -- Coordination.
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(1) Each county sheriff shall identify an individual as a county security chief within the
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sheriff's office to coordinate security responsibilities, protocols, and required trainings
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between the state security chief, the county sheriff's office, and the corresponding police
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chiefs whose jurisdiction includes a public school within the county.
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(2) The county security chief shall:
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(a) in collaboration with the school safety and security specialist described in Section
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53G-8-701.6 and a member of the local law enforcement agency of relevant
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jurisdiction as described in Section 53-25-601:
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(i) [conduct, or coordinate ] administer or coordinate with a designee from the local
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law enforcement agency of relevant jurisdiction to [conduct] participate in, by any
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appropriate means the county security chief determines, the school safety needs
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assessment described in Section 53G-8-701.5; and
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(ii) conduct a building safety evaluation at least annually using the results of the
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school safety needs assessment to recommend and implement improvements to
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school facilities, policies, procedures, protocols, rules, and regulations relating to
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school safety and security;
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(b) collaborate and maintain effective communications regarding school safety with
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each:
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(i) school safety and security specialist in the county security chief's county, as
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described in Section 53G-8-701.6;
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(ii) school safety and security director in the county security chief's county, as
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described in Section 53G-8-701.8; and
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(iii) local law enforcement agency within the county;
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(c) administer with the corresponding police chiefs whose jurisdiction includes a public
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school, the trainings described in Sections 53-22-105 and 53G-8-704, including:
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(i) assessing if an individual is capable of the duties and responsibilities that the
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trainings cover; and
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(ii) denying an individual the ability to be a school safety personnel described in
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Section 53G-8-701.5 if the county security chief finds the individual is not
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capable of the duties and responsibilities that the trainings cover; and
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(d) in conjunction with the state security chief, administer the school guardian program
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established in Section 53-22-105 at any school participating in the program in the
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county security chief's county.
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Section 4. Section 53-22-104.1 is amended to read:
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53-22-104.1 . School Security Task Force -- Membership -- Duties -- Per diem --
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Report -- Expiration.
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(1) There is created a School Security Task Force composed of the following members:
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(a) the House chair and vice chair of the House Law Enforcement and Criminal Justice
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Standing Committee during the 2024 General Session, with the House chair serving
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as the co-chair of the task force;
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(b) two members from the Senate, whom the president of the Senate selects and one of
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whom the president of the Senate appoints as co-chair of the task force;
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(c) the state security chief;
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(d) one member of the State Board of Education, whom the chair of State Board of
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Education selects;
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(e) a member of the School Safety Center or designee, whom the state security chief
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selects;
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(f) the director of the Utah Division of Juvenile Justice Youth Services or the director's
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designee;
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(g) a member of the Utah School Superintendents Association, whom the chairs select;
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(h) the Commissioner of Higher Education or the commissioner's designee;
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(i) a school security expert, whom the state security chief selects;
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(j) a cybersecurity expert, whom the state security chief selects in consultation with the
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director of the Utah Education Telehealth Network created in Section 53B-17-105;
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(k) the director of a school safety foundation established under Section 53-22-108 or the
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director's designee;
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[(h)] (l) one member of the Chiefs of Police Association from a county of the first or
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second class;
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[(i)] (m) one member of the Sheriff's Association from a county of the third, fourth, fifth,
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or sixth class, whom the president of the association selects;
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[(j)] (n) one county security chief, whom the state security chief selects;
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[(k)] (o) a school safety and security director, whom the chairs select;
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[(l)] (p) a school resource officer, whom the state security chief selects; and
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[(m)] (q) a member of the SafeUT and School Safety Commission, whom the chairs
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select.
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(2) The task force shall:
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(a) review school safety updates;
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(b) study possible recommendations for minimum cybersecurity standards for local
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education agencies;
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[(b)] (c) consult with the Education Advisory Board created in Section 53-22-104.2; and
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[(c)] (d) develop legislation recommendations as necessary.
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(3)(a) A majority of the members of the task force constitutes a quorum.
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(b) The action of a majority of a quorum constitutes an action of the task force.
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(4) The Office of Legislative Research and General Counsel shall provide staff for the task
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force.
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(5)(a) Salaries and expenses of the members of the task force who are legislators shall be
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paid in accordance with:
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(i) Section 36-2-2;
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(ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
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Expenses; and
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(iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
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(b) A member of the task force who is not a legislator may not receive compensation for
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the member's work associated with the task force but may receive per diem and
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reimbursement for travel expenses incurred as a member of the task force at the rates
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established by the Division of Finance under:
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(i) Sections 63A-3-106 and 63A-3-107; and
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(ii) rules made by the Division of Finance in accordance with Sections 63A-3-106
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and 63A-3-107.
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Section 5. Section 53-22-104.2 is amended to read:
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53-22-104.2 . The School Security Task Force -- Public Education Advisory
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Board.
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(1) There is created an advisory board to the task force called the Public Education
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Advisory Board.
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(2) The advisory board shall consist of the following members:
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(a) the state security chief, who acts as chair of the advisory board;
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(b) the construction and facility specialist at the State Board of Education;
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(c) the director of school safety and student services at the State Board of Education or
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the director's designee;
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(d) a school nurse, whom the state security chief selects;
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(e) a school district technology director, whom the director of school safety and student
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services selects;
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[(c)] (f) a superintendent from a county of the fourth, fifth, or sixth class, whom the state
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security chief selects;
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[(d)] (g) a superintendent from a county of the first, second, or third class, whom the state
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security chief selects;
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[(e)] (h) a charter school director who is employed in [from ]a county of the fourth, fifth,
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or sixth class, whom the state security chief selects;
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[(f)] (i) a charter school director from a county of the first, second, or third class, whom
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the state security chief selects;
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[(g)] (j) the president of the Utah School Boards Association or the president's designee;
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[(h)] (k) a parent representative from a school community council or parent teacher
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organization, whom the state security chief selects;
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[(i)] (l) a facilities manager from an LEA in a county of the fourth, fifth, or sixth class,
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whom the state security chief selects;
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[(j)] (m) a facilities manager from an LEA in county of the first, second, or third class,
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whom the state security chief selects;
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[(k)] (n) a representative of private schools, whom the state security chief selects; and
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[(l)] (o) a member of the Office of Substance Abuse and Mental Health, whom the state
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security chief selects.
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(3) The advisory board's purpose is to:
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(a) review and provide input on official business of the task force;
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(b) provide recommendations and suggestions for the task force's consideration; and
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(c) study and evaluate the policies, procedures, and programs implemented for school
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safety and provide proactive information regarding the implementation.
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(4)(a) A majority of the members of the advisory board constitutes a quorum.
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(b) The action of a majority of a quorum constitutes an action of the advisory board.
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(5)(a) The advisory board shall select two members to serve as co-chairs.
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(b) The co-chairs are responsible for the call and conduct of meetings.
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(6) The staff of the state security chief shall provide staff for the advisory board.
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(7) A member of the advisory board who is not a legislator may not receive compensation
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for the member's work associated with the task force but may receive per diem and
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reimbursement for travel expenses incurred as a member of the task force at the rates
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established by the Division of Finance under:
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(a) Sections 63A-3-106 and 63A-3-107; and
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(b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
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63A-3-107.
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Section 6. Section 53-22-105 is amended to read:
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53-22-105 . School guardian program.
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(1) As used in this section:
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(a) "Annual training" means an annual four-hour training that:
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(i) a county security chief or a designee administers in coordination with personnel
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from local law enforcement of relevant jurisdiction as described in Section
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53-25-601(2)(b);
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(ii) the state security chief approves;
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(iii) can be tailored to local needs;
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(iv) allows an individual to practice and demonstrate firearms proficiency at a
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firearms range using the firearm the individual carries for self defense and defense
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of others;
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(v) includes the following components:
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(A) firearm safety, including safe storage of a firearm;
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(B) de-escalation tactics;
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(C) the role of mental health in incidents; and
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(D) disability awareness and interactions; and
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(vi) contains other training needs as determined by the state security chief.
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(b) "Biannual training" means a twice-yearly training that:
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(i) is at least four hours, unless otherwise approved by the state security chief;
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(ii) a county security chief or a designee administers in coordination with personnel
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from local law enforcement of relevant jurisdiction as described in Section
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53-25-601(2)(b);
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(iii) the state security chief approves;
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(iv) can be tailored to local needs; and
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(v) through which a school guardian at a school or simulated school environment:
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(A) receives training on the specifics of the building or buildings of the school,
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including the location of emergency supplies and security infrastructure; and
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(B) participates in a live-action practice plan with school administrators in
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responding to active threats at the school; and
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(vi) shall be taken with at least three months in between the two trainings.
414
(c) "Firearm" means the same as that term is defined in Section 76-10-501.
415
(d) "Initial training" means an in-person training that:
416
(i) a county security chief or a designee administers in coordination with personnel
417
from local law enforcement of relevant jurisdiction as described in Section
418
53-25-601(2)(b);
419
(ii) the state security chief approves;
420
(iii) can be tailored to local needs; and
421
(iv) provides:
422
(A) training on general familiarity with the types of firearms that can be concealed
423
for self-defense and defense of others;
424
(B) training on the safe loading, unloading, storage, and carrying of firearms in a
425
school setting;
426
(C) training at a firearms range with instruction regarding firearms fundamentals,
427
marksmanship, the demonstration and explanation of the difference between
428
sight picture, sight alignment, and trigger control, and a recognized pistol
429
course;
430
(D) current laws dealing with the lawful use of a firearm by a private citizen,
431
including laws on self-defense, defense of others, transportation of firearms,
432
and concealment of firearms;
433
(E) coordination with law enforcement officers in the event of an active threat;
434
(F) basic trauma first aid;
435
(G) the appropriate use of force, emphasizing the de-escalation of force and
436
alternatives to using force;
- 13 - 4th Sub. (Green) H.B. 40 02-18 16:04
437
(H) situational response evaluations, including:
438
(I) protecting and securing a crime or accident scene;
439
(II) notifying law enforcement;
440
(III) controlling information; and
441
(IV) other training that the county sheriff, designee, or department deems
442
appropriate.
443
(e) "Program" means the school guardian program created in this section.
444
(f)(i) "School employee" means an employee of a school whose duties and
445
responsibilities require the employee to be physically present at a school's campus
446
while school is in session.
447
(ii) "School employee" does not include a principal, teacher, or individual whose
448
primary responsibilities require the employee to be primarily present in a
449
classroom to teach, care for, or interact with students, unless:
450
(A) the principal, teacher, or individual is employed at a school with [100] 350 or
451
fewer students;
452
(B) the principal, teacher, or individual is employed at a school with adjacent
453
campuses as determined by the state security chief; or
454
(C) as provided in Subsection 53G-8-701.5(3).
455
(g) "School guardian" means a school employee who meets the requirements of
456
Subsection (3).
457
(2)(a)(i) There is created within the department the school guardian program[;] .
458
(ii) [the] The state security chief shall oversee the school guardian program[;] .
459
(iii) [the] The applicable county security chief shall administer the school guardian
460
program in each county.
461
(b) The state security chief shall ensure that the school guardian program includes:
462
(i) initial training;
463
(ii) biannual training; and
464
(iii) annual training.
465
(c) A county sheriff may partner or contract with:
466
(i) another county sheriff to support the respective county security chiefs in jointly
467
administering the school guardian program in the relevant counties; and
468
(ii) a local law enforcement agency of relevant jurisdiction to provide the:
469
(A) initial training;
470
(B) biannual training; and
- 14 - 02-18 16:04 4th Sub. (Green) H.B. 40
471
(C) annual training.
472
(3)(a) A school employee that volunteers to participate is eligible to join the program as
473
a school guardian if:
474
(i) the school administrator approves the volunteer school employee to be designated
475
as a school guardian;
476
(ii) the school employee satisfactorily completes initial training within six months
477
before the day on which the school employee joins the program;
478
(iii) the school employee holds a valid concealed carry permit issued under [Title 53,]
479
Chapter 5, Part 7, Concealed Firearm Act;
480
(iv) the school employee certifies to the sheriff of the county where the school is
481
located that the school employee has undergone the training in accordance with
482
Subsection (3)(a)(ii) and intends to serve as a school guardian; and
483
(v) the school employee[ successfully completes a mental health screening selected
484
by the state security chief in collaboration with the Office of Substance Abuse and
485
Mental Health established in Section 26B-5-102.] :
486
(A) completes an initial "fit to carry" assessment the Department of Health and
487
Human Services approves and a provider administers; and
488
(B) maintains compliance with mental health screening requirements consistent
489
with law enforcement standards.
490
(b) After joining the program a school guardian shall complete annual training and
491
biannual training to retain the designation of a school guardian in the program.
492
(4) The state security chief shall:
493
(a) for each school that participates in the program, track each school guardian at the
494
school by collecting the photograph and the name and contact information for each
495
guardian;
496
(b) make the information described in Subsection (4)(a) readily available to each law
497
enforcement agency in the state categorized by school; and
498
(c) provide each school guardian with a one-time stipend of $500.
499
(5) A school guardian:
500
(a) may store the school guardian's firearm on the grounds of a school only if:
501
(i) the firearm is stored in a biometric gun safe;
502
(ii) the biometric gun safe is located in the school guardian's office; and
503
(iii) the school guardian is physically present on the grounds of the school while the
504
firearm is stored in the safe;
- 15 - 4th Sub. (Green) H.B. 40 02-18 16:04
505
(b) shall carry the school guardian's firearm in a concealed manner; and
506
(c) may not, unless during an active threat, display or open carry a firearm while on
507
school grounds.
508
(6) Except as provided in Subsection (5)(c), this section does not prohibit an individual who
509
has a valid concealed carry permit but is not participating in the program from carrying a
510
firearm on the grounds of a public school or charter school under Subsection 76-10-505.5
511
(4).
512
(7) A school guardian:
513
(a) does not have authority to act in a law enforcement capacity; and
514
(b) may, at the school where the school guardian is employed:
515
(i) take actions necessary to prevent or abate an active threat; and
516
(ii) temporarily detain an individual when the school guardian has reasonable cause
517
to believe the individual has committed or is about to commit a forcible felony, as
518
that term is defined in Section 76-2-402.
519
(8) A school may designate a single volunteer or multiple volunteers to participate in the
520
school guardian program to satisfy the school safety personnel requirements of Section
521
53G-8-701.5.
522
(9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative
523
Rulemaking Act, rules to administer this section.
524
(10) A school guardian who has active status in the guardian program is not liable for any
525
civil damages or penalties if the school guardian:
526
(a) when carrying or storing a firearm:
527
(i) is acting in good faith; and
528
(ii) is not grossly negligent; or
529 (b) threatens, draws, or otherwise uses a firearm reasonably believing the action to be
530
necessary in compliance with Section 76-2-402.
531
(11) A school guardian shall file a report described in Subsection (12) if, during the
532
performance of the school guardian's duties, the school guardian points a firearm at an
533
individual.
534
(12)(a) A report described in Subsection (11) shall include:
535
(i) a description of the incident;
536
(ii) the identification of the individuals involved in the incident; and
537
(iii) any other information required by the state security chief.
538
(b) A school guardian shall submit a report required under Subsection (11) to the school
- 16 - 02-18 16:04 4th Sub. (Green) H.B. 40
539
administrator, school safety and security director, and the state security chief within
540
48 hours after the incident.
541
(c) The school administrator, school safety and security director, and the state security
542
chief shall consult and review the report submitted under Subsection (12)(b).
543
(13) The requirements of Subsections (11) and (12) do not apply to a training exercise.
544
(14) A school guardian may have the designation of school guardian revoked at any time by
545
the school principal, county sheriff, or state security chief.
546
(15)(a) Any information or record created detailing a school guardian's participation in
547
the program is:
548
(i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
549
Records Access and Management Act; and
550
(ii) available only to:
551
(A) the state security chief;
552
(B) administrators at the school guardian's school;
553
(C) if applicable, other school safety personnel described in Section 53G-8-701.5;
554
(D) a local law enforcement agency that would respond to the school in case of an
555
emergency; and
556
(E) the individual designated by the county sheriff in accordance with Section
557
53-22-103 of the county of the school where the school guardian in the
558
program is located.
559
(b) The information or record described in Subsection (15)(a) includes information
560
related to the school guardian's identity and activity within the program as described
561
in this section and any personal identifying information of a school guardian
562
participating in the program collected or obtained during initial training, annual
563
training, and biannual training.
564
(c) An individual who intentionally or knowingly provides the information described in
565
Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is
566
guilty of a class B misdemeanor.
567
Section 7. Section 53-22-106 is amended to read:
568
53-22-106 . Substantial threats against a school reporting requirements --
569
Exceptions.
570
(1) As used in this section, "substantial threat" means a threat made with serious intent to
571
cause harm.
572
(2) Except as provided in Subsection (3), if a state employee or person in a position of
- 17 - 4th Sub. (Green) H.B. 40 02-18 16:04
573
special trust as defined in Section 76-5-404.1, including an individual licensed under
574
Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical
575
Practice Act, has reason to believe a substantial threat against a school, school
576
employee, or student attending a school or is aware of circumstances that would
577
reasonably result in a substantial threat against a school, school employee, or student
578
attending a school, the state employee or person in a position of special trust shall
579
immediately report the suspected substantial threat to:
580
[(a) the state security chief;]
581
[(b)] (a) the local education agency that the substantial threat would impact; [or]
582
[(c)] (b) to the nearest peace officer or law enforcement agency[.] ; and
583
(c) the state security chief.
584
(3)(a)(i) If the state security chief, a peace officer, or law enforcement agency
585
receives a report under Subsection (2), the state security chief, peace officer, or
586
law enforcement agency shall immediately notify the local education agency that
587
the substantial threat would impact.
588
(ii) If the local education agency that the substantial threat would impact receives a
589
report under Subsection (2), the local education agency that the substantial threat
590
would impact shall immediately notify the appropriate local law enforcement
591
agency and the state security chief.
592
(b)(i) A local education agency that the substantial threat would impact shall
593
coordinate with the law enforcement agency on the law enforcement agency's
594
investigation of the report described in Subsection (1).
595
(ii) If a law enforcement agency undertakes an investigation of a report under
596
Subsection (2), the law enforcement agency shall provide a final investigatory
597
report to the local education agency that the substantial threat would impact upon
598
request.
599
(4) Subject to Subsection (5), the reporting requirement described in Subsection (2) does
600
not apply to:
601
(a) a member of the clergy with regard to any confession an individual makes to the
602
member of the clergy while functioning in the ministerial capacity of the member of
603
the clergy if:
604
(i) the individual made the confession directly to the member of the clergy;
605
(ii) the member of the clergy is, under canon law or church doctrine or practice,
606
bound to maintain the confidentiality of the confession; and
- 18 - 02-18 16:04 4th Sub. (Green) H.B. 40
607
(iii) the member of the clergy does not have the consent of the individual making the
608
confession to disclose the content of the confession; or
609
(b) an attorney, or an individual whom the attorney employs, if:
610
(i) the knowledge or belief of the substantial threat arises from the representation of a
611
client; and
612
(ii) if disclosure of the substantial threat would not reveal the substantial threat to
613
prevent reasonably certain death or substantial bodily harm in accordance with
614
Utah Rules of Professional Conduct, Rule 1.6.
615
(5)(a) When a member of the clergy receives information about the substantial threat
616
from any source other than a confession, the member of the clergy shall report the
617
information even if the member of the clergy also received information about the
618
substantial threat from the confession of the perpetrator.
619
(b) Exemption of the reporting requirement for an individual described in Subsection (4)
620
does not exempt the individual from any other actions required by law to prevent
621
further substantial threats or actual harm related to the substantial threat.
622
(6) The physician-patient privilege does not:
623
(a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
624
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from
625
reporting under this section; or
626
(b) constitute grounds for excluding evidence in a judicial or administrative proceeding
627
resulting from a report under this section.
628
Section 8. Section 53-22-108 is enacted to read:
629
53-22-108 . School safety foundation.
630
(1) As used in this section:
631
(a) "Authorized foundation" means a nonprofit foundation that:
632
(i) meets the requirements of this section; and
633
(ii) the state security chief authorizes in consultation with the School Safety Center
634
created in Section 53G-8-802.
635
(b) "School safety product" means equipment, technology, service, or material that
636
enhances school safety and security.
637
(2) The state security chief may approve a nonprofit foundation to be an authorized
638
foundation if the foundation:
639
(a) maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);
640
(b) has operated continuously in the state for three or more years;
- 19 - 4th Sub. (Green) H.B. 40 02-18 16:04
641
(c) maintains a primary mission focused on school safety;
642
(d) operates under a board of directors that includes:
643
(i) a law enforcement representative;
644
(ii) an educator or school administrator; and
645
(iii) an emergency management professional;
646
(e) demonstrates financial stability through:
647
(i) an annual independent audit;
648
(ii) maintained reserves; and
649
(iii) a clean financial record; and
650
(f) provides evidence of:
651
(i) successful project management;
652
(ii) an existing relationship with an educational institution; and
653
(iii) knowledge of school safety requirements described in federal and state law.
654
(3) A foundation seeking authorization shall submit to the state security chief:
655
(a) a written application that demonstrates compliance with Subsection (2);
656
(b) a financial record for the previous three years;
657
(c) a current board member qualification;
658
(d) a proposed school safety initiative; and
659
(e) an internal procurement policy for purchases not made from a state cooperative
660
contract.
661
(4) The state security chief shall:
662
(a) review an application within 60 days;
663
(b) request additional information if needed;
664
(c) issue a written decision; and
665
(d) maintain a public record of an authorized foundation, including records related to the
666
approval process of an authorized foundation.
667
(5) An authorized foundation may:
668
(a) use a state cooperative contract in accordance with Section 63G-6a-2105;
669
(b) make a bulk purchase of a school safety product; and
670
(c) in coordination with the state security chief and the School Safety Center:
671
(i) facilitate a donation of a school safety product; and
672
(ii) distribute a product to a school.
673
(6) An authorized foundation shall:
674
(a) follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state
- 20 - 02-18 16:04 4th Sub. (Green) H.B. 40
675
cooperative contract;
676
(b) maintain separate accounting for a school safety purchase;
677
(c) by August 1 of each year, submit an annual report to the state security chief that
678
includes:
679
(i) any product procured through a state cooperative contract;
680
(ii) the annual independent audit required in Subsection (2)(e);
681
(iii) all schools served;
682
(iv) the total value of a donation facilitated; and
683
(v) a compliance certification; and
684
(d) renew authorization every three years.
685
(7) The state security chief:
686
(a) may revoke authorization if the authorized foundation:
687
(i) fails to maintain a requirement of this section;
688
(ii) engages in financial mismanagement; or
689
(iii) submits false information in a report required by this section; and
690
(b) shall, before revoking authorization:
691
(i) provide written notice to the foundation;
692
(ii) allow a 30-day period to remedy the violation;
693
(iii) provide an opportunity for a hearing; and
694
(iv) issue a final written decision.
695
(8) Authorization under this section does not:
696
(a) create state liability;
697
(b) imply state endorsement;
698
(c) override a local procurement requirement; and
699
(d) exempt the foundation from an applicable law.
700
Section 9. Section 53-22-109 is enacted to read:
701
53-22-109 . School safety -- Compliance.
702
(1) As used in this section:
703
(a) "Compliance issue" means a violation of a school safety requirement under:
704
(i) this chapter; or
705
(ii) rules established in accordance with this chapter.
706
(b) "Tiered system of support" means an escalating system of:
707
(i) technical assistance;
708
(ii) intervention; and
- 21 - 4th Sub. (Green) H.B. 40 02-18 16:04
709
(iii) corrective action.
710
(2) The state security chief shall, in collaboration with the School Safety Center:
711
(a) establish a tiered system of support for a compliance issue;
712
(b) develop implementation procedures for the system; and
713
(c) define criteria for:
714
(i) evaluating a compliance issue;
715
(ii) assigning an appropriate tier; and
716
(iii) monitoring progress.
717
(3) In establishing the system under Subsection (2), the state security chief and School
718
Safety Center shall consider:
719
(a) severity of the compliance issue;
720
(b) risk to student and staff safety;
721
(c) available technical assistance resources;
722
(d) local education agency capacity; and
723
(e) required corrective action timelines.
724
Section 10. Section 53-25-601 is enacted to read:
725
Part 6. Requirements for School Safety
726
53-25-601 . Requirements for school safety.
727
(1) As used in this section:
728
(a) "Local law enforcement agency" means the law enforcement agency with primary
729
jurisdiction over a school's physical location.
730
(b) "School safety needs assessment" means the assessment required under Section
731
53G-8-701.5.
732
(c) "Security camera system" means the system described in Section 53G-8-805.
733
(2) Each local law enforcement agency shall:
734
(a) as coordinated with the county security chief described in Section 53-22-103,
735
allocate adequate personnel to participate in the annual school safety needs
736
assessments with a school's school safety and security specialist as required by
737
Section 53G-8-701.5 for each school within the local law enforcement's jurisdiction;
738
(b) if a school within the local law enforcement agency's jurisdiction elects to satisfy the
739
requirements described in Subsection 53G-8-701.5(2)(a)(ii) by employing school
740
guardians, assign adequate personnel time as the the county security chief determines
741
to assist the county security chief in administering the trainings required under
742
Section 53-22-105;
- 22 - 02-18 16:04 4th Sub. (Green) H.B. 40
743
(c) ensure the school safety and security specialist for each school has all relevant
744
information collected by the county security chief or the local law enforcement
745
agency to submit the completed assessments to the School Safety Center created in
746
Section 53G-8-802 by October 15 of each year;
747
(d) coordinate with each school within the local law enforcement's jurisdiction to obtain
748
and maintain access to school security camera systems as described in Section
749
53G-8-805; and
750
(e) coordinate with the relevant county security chiefs as specified in Sections 53-22-103
751
and 53-22-105.
752
Section 11. Section 53B-28-401 is amended to read:
753
53B-28-401 . Campus safety plans and training -- Institution duties -- Governing
754
board duties.
755
(1) As used in this section:
756
(a) "Covered offense" means:
757
(i) sexual assault;
758
(ii) domestic violence;
759
(iii) dating violence; or
760
(iv) stalking.
761
(b) "Institution" means an institution of higher education described in Section 53B-1-102.
762
(c) "Student organization" means a club, group, sports team, fraternity or sorority, or
763
other organization:
764
(i) of which the majority of members is composed of students enrolled in an
765
institution; and
766
(ii)(A) that is officially recognized by the institution; or
767
(B) seeks to be officially recognized by the institution.
768
(2) An institution shall develop a campus safety plan that addresses:
769
(a) where an individual can locate the institution's policies and publications related to a
770
covered offense;
771
(b) institution and community resources for a victim of a covered offense;
772
(c) the rights of a victim of a covered offense, including the measures the institution
773
takes to ensure, unless otherwise provided by law, victim confidentiality throughout
774
all steps in the reporting and response to a covered offense;
775
(d) how the institution informs the campus community of a crime that presents a threat
776
to the campus community;
- 23 - 4th Sub. (Green) H.B. 40 02-18 16:04
777
(e) availability, locations, and methods for requesting assistance of security personnel on
778
the institution's campus;
779
(f) guidance on how a student may contact law enforcement for incidents that occur off
780
campus;
781
(g) institution efforts related to increasing campus safety, including efforts related to the
782
institution's increased response in providing services to victims of a covered offense,
783
that:
784
(i) the institution made in the preceding 18 months; and
785
(ii) the institution expects to make in the upcoming 24 months;
786
(h) coordination and communication between institution resources and organizations,
787
including campus law enforcement;
788
(i) institution coordination with local law enforcement or community resources,
789
including coordination related to a student's safety at an off-campus location; and
790
(j) how the institution requires a student organization to provide the campus safety
791
training as described in Subsection (5).
792
(3) An institution shall:
793
(a) prominently post the institution's campus safety plan on the institution's website and
794
each of the institution's campuses; and
795
(b) annually update the institution's campus safety plan.
796
(4) An institution shall develop a campus safety training curriculum that addresses:
797
(a) awareness and prevention of covered offenses, including information on institution
798
and community resources for a victim of a covered offense;
799
(b) bystander intervention; and
800
(c) sexual consent.
801
(5) An institution shall require a student organization, in order for the student organization
802
to receive or maintain official recognition by the institution, to annually provide campus
803
safety training, using the curriculum described in Subsection (4), to the student
804
organization's members.
805
[(6) An institution shall report annually to the Education Interim Committee and the Law
806
Enforcement and Criminal Justice Interim Committee, at or before the committees'
807
November meetings, on crime statistics aggregated by housing facility as described in
808
Subsection 53B-28-403(2).]
809
Section 12. Section 53B-28-403 is amended to read:
810
53B-28-403 . Student housing crime reporting.
- 24 - 02-18 16:04 4th Sub. (Green) H.B. 40
811
(1) As used in this section:
812
(a) "Campus law enforcement" means an institution's police department.
813
(b) "Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec.
814
668.46(c)(1) that are reported to a local police agency or campus law enforcement,
815
listed by type of crime.
816
(c) "Institution" means an institution of higher education described in Section 53B-2-101.
817
(d)(i) "Institution noncampus housing facility" means a building or property that:
818
(A) is used for housing students;
819
(B) is not part of the institution's campus; and
820
(C) the institution owns, manages, controls, or leases;
821
(ii) "Institution noncampus housing facility" includes real property that is adjacent to,
822
and is used in direct support of, the building or property described in Subsection
823
(1)(d)(i).
824
(e) "Local law enforcement agency" means a state or local law enforcement agency
825
other than campus law enforcement.
826
(f)(i) "On-campus housing facility" means a building or property that is:
827
(A) used for housing students; and
828
(B) part of the institution's campus.
829
(ii) "On-campus housing facility" includes real property that is:
830
(A) adjacent to the on-campus housing facility; and
831
(B) used in direct support of the on-campus housing facility.
832
(g) "Student housing" means:
833
(i) an institution noncampus housing facility;
834
(ii) an on-campus housing facility; or
835
(iii) a student organization noncampus housing facility.
836
(h) "Student organization" means the same as that term is defined in Section 53B-28-401.
837
(i) "Student organization noncampus housing facility" means a building or property that:
838
(i) is used for housing students;
839
(ii) is not part of the institution's campus; and
840
(iii)(A) a student organization owns, manages, controls, or leases; or
841
(B) is real property that is adjacent to the student organization noncampus housing
842
facility and is used in direct support of the noncampus housing facility.
843
(2) An institution with the types of housing facilities described in this Subsection (2) shall:
844
(a) create a report of crime statistics aggregated by:
- 25 - 4th Sub. (Green) H.B. 40 02-18 16:04
845
(i) on-campus housing facility, identified and listed individually using the institution's
846
system for inventorying institution facilities;
847
(ii) institution noncampus housing facility, identified and listed individually using the
848
institution's system for inventorying institution facilities; and
849
(iii) student organization noncampus housing facilities, identified and listed
850
individually using the institution's system for identifying student organization
851
noncampus housing facilities; and
852
(b) [include the report described in Subsection (2)(a) in the report described in
853
Subsection 53B-28-401(6).] report annually to the Education Interim Committee and
854
the Law Enforcement and Criminal Justice Interim Committee, at or before the
855
committee's November meetings, on crime statistics aggregated by housing facility
856
as described in Subsection(2)(a).
857
(3) An institution that does not have the types of housing described in Subsection (2) shall
858
report the crime statistics as required by 20 U.S.C. Section 1092(f), the Jeanne Clery
859
Disclosure of Campus Security Policy and Campus Crime Statistics Act, to the entities
860
specified in Subsection (2).
861
(4) Upon request from an institution, a local law enforcement agency shall provide to the
862
institution crime statistics for each student housing facility over which the local law
863
enforcement agency has jurisdiction.
864
[(4)] (5) Except as provided in Section 53B-28-303, when campus law enforcement receives
865
a complaint or report of a crime that campus law enforcement reasonably determines
866
occurred outside of campus law enforcement's jurisdiction, campus law enforcement
867
shall share any record of the complaint or report with the local law enforcement agency
868
with jurisdiction.
869
Section 13. Section 53B-28-404 is enacted to read:
870
53B-28-404 . Higher education school safety coordination.
871
(1) The commissioner shall:
872
(a) designate an employee within the Office of the Commissioner of Higher Education
873
to:
874
(i) serve as the primary contact for higher education safety and security matters; and
875
(ii) coordinate with the state security chief described in Section 53-22-102 on:
876
(A) higher education safety needs assessment;
877
(B) implementation of safety standards at degree-granting institutions and
878
technical colleges; and
- 26 - 02-18 16:04 4th Sub. (Green) H.B. 40
879
(C) response protocols during safety incidents at higher education facilities; and
880
(b) ensure the designated employee has sufficient time and resources to perform the
881
duties described in this section.
882
(2) The employee designated under Subsection (1) shall:
883
(a) facilitate communication between degree-granting institutions, technical colleges,
884
and the state security chief;
885
(b) assist in developing institution-specific safety policies that align with statewide
886
standards;
887
(c) develop higher education safety training resources and protocols; and
888
(d) report to the commissioner and state security chief regarding:
889
(i) the status of safety and security measures at higher education institutions;
890
(ii) emerging safety concerns or needs; and
891
(iii) recommendations for improving campus safety coordination.
892
Section 14. Section 53E-1-201 is amended to read:
893
53E-1-201 . Reports to and action required of the Education Interim Committee.
894
(1) In accordance with applicable provisions and Section 68-3-14, the following recurring
895
reports are due to the Education Interim Committee:
896
(a) the report described in Section 9-22-109 by the STEM Action Center Board,
897
including the information described in Section 9-22-113 on the status of the computer
898
science initiative and Section 9-22-114 on the Computing Partnerships Grants
899
Program;
900
(b) the prioritized list of data research described in Section 53B-33-302 and the report on
901
research and activities described in Section 53B-33-304 by the Utah Data Research
902
Center;
903
(c) the report described in Section 53B-1-402 by the Utah Board of Higher Education on
904
career and technical education issues and addressing workforce needs;
905
(d) the annual report of the Utah Board of Higher Education described in Section
906
53B-1-402;
907
(e) the reports described in Section [53B-28-401] 53B-28-403 by the Utah Board of
908
Higher Education regarding activities related to campus safety;
909
(f) the State Superintendent's Annual Report by the state board described in Section
910
53E-1-203;
911
(g) the annual report described in Section 53E-2-202 by the state board on the strategic
912
plan to improve student outcomes;
- 27 - 4th Sub. (Green) H.B. 40 02-18 16:04
913
(h) the report described in Section 53E-8-204 by the state board on the Utah Schools for
914
the Deaf and the Blind;
915
(i) the report described in Section 53E-10-703 by the Utah Leading through Effective,
916
Actionable, and Dynamic Education director on research and other activities;
917
(j) the report described in Section 53F-2-522 regarding mental health screening
918
programs;
919
(k) the report described in Section 53F-4-203 by the state board and the independent
920
evaluator on an evaluation of early interactive reading software;
921
(l) the report described in Section 63N-20-107 by the Governor's Office of Economic
922
Opportunity on UPSTART;
923
(m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
924
related to grants for professional learning and grants for an elementary teacher
925
preparation assessment;
926
(n) upon request, the report described in Section 53F-5-219 by the state board on the
927
Local Innovations Civics Education Pilot Program;
928
(o) the report described in Section 53F-5-405 by the state board regarding an evaluation
929
of a partnership that receives a grant to improve educational outcomes for students
930
who are low income;
931
(p) the report described in Section 53B-35-202 regarding the Higher Education and
932
Corrections Council;
933
(q) the report described in Section 53G-7-221 by the state board regarding innovation
934
plans;
935
(r) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
936
Program.
937
(2) In accordance with applicable provisions and Section 68-3-14, the following occasional
938
reports are due to the Education Interim Committee:
939
(a) in 2027, 2030, 2033, and 2035, the reports described in Sections 53B-1-116,
940
53B-1-117, and 53B-1-118;
941
(b) if required, the report described in Section 53E-4-309 by the state board explaining
942
the reasons for changing the grade level specification for the administration of
943
specific assessments;
944
(c) if required, the report described in Section 53E-5-210 by the state board of an
945
adjustment to the minimum level that demonstrates proficiency for each statewide
946
assessment;
- 28 - 02-18 16:04 4th Sub. (Green) H.B. 40
947
(d) the report described in Section 53E-10-702 by Utah Leading through Effective,
948
Actionable, and Dynamic Education;
949
(e) if required, the report described in Section 53F-2-513 by the state board evaluating
950
the effects of salary bonuses on the recruitment and retention of effective teachers in
951
high poverty schools;
952
(f) upon request, a report described in Section 53G-7-222 by an LEA regarding
953
expenditure of a percentage of state restricted funds to support an innovative
954
education program;
955
(g) the reports described in Section 53G-11-304 by the state board regarding proposed
956
rules and results related to educator exit surveys; and
957
(h) the report described in Section 26B-5-113 by the Office of Substance Use and
958
Mental Health, the state board, and the Department of Health and Human Services
959
regarding recommendations related to Medicaid reimbursement for school-based
960
health services.
961
Section 15. Section 53F-2-208 is amended to read:
962
53F-2-208 . Cost of adjustments for growth and inflation.
963
(1) In accordance with Subsection (2), the Legislature shall annually determine:
964
(a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
965
rolling five-year average ending in the current fiscal year, ongoing state tax fund
966
appropriations to the following programs:
967
(i) education for youth in care, described in Section 53E-3-503;
968
(ii) concurrent enrollment courses for accelerated foreign language students described
969
in Section 53E-10-307;
970
(iii) the Basic Program, described in Part 3, Basic Program (Weighted Pupil Units);
971
(iv) the Adult Education Program, described in Section 53F-2-401;
972
(v) state support of pupil transportation, described in Section 53F-2-402;
973
(vi) the Enhancement for Accelerated Students Program, described in Section
974
53F-2-408;
975
(vii) the Concurrent Enrollment Program, described in Section 53F-2-409;
976
(viii) the juvenile gang and other violent crime prevention and intervention program,
977
described in Section 53F-2-410;
978
(ix) the School Safety Support Program, described in Section 53F-2-422; and
979
[(ix)] (x) dual language immersion, described in Section 53F-2-502; and
980
(b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year, the
- 29 - 4th Sub. (Green) H.B. 40 02-18 16:04
981
current fiscal year's ongoing state tax fund appropriations to the following programs:
982
(i) a program described in Subsection (1)(a);
983
(ii) educator salary adjustments, described in Section 53F-2-405;
984
(iii) the Salary Supplement for Highly Needed Educators Program, described in
985
Section 53F-2-504;
986
(iv) the Voted and Board Local Levy Guarantee programs, described in Section
987
53F-2-601; and
988
(v) charter school local replacement funding, described in Section 53F-2-702.
989
(2)(a) In or before December each year, the Executive Appropriations Committee shall
990
determine:
991
(i) the cost of the inflation adjustment described in Subsection (1)(a); and
992
(ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
993
(b) The Executive Appropriations Committee shall make the determinations described in
994
Subsection (2)(a) based on recommendations developed by the Office of the
995
Legislative Fiscal Analyst, in consultation with the state board and the Governor's
996
Office of Planning and Budget.
997
(3) Beginning in the 2026 fiscal year, if the Executive Appropriations Committee includes
998
in the public education base budget or the final public education budget an increase in
999
the value of the WPU in excess of the amounts described in Subsection (1)(a), the
1000
Executive Appropriations Committee shall also include an appropriation to the Local
1001
Levy Growth Account established in Section 53F-9-305 in an amount equivalent to at
1002
least 0.5% of the total amount appropriated for WPUs in the relevant budget.
1003
(4) (4) Notwithstanding Subsection (1)(b), the School Safety Support Program, described in
1004
Section 53F-2-422, may not receive funding reductions based on negative enrollment
1005
growth.
1006
Section 16. Section 53F-2-422 is enacted to read:
1007
53F-2-422 . The School Safety Support Program -- Distribution formula -- State
1008
board duties.
1009
(1) As used in this section:
1010
(a) "Participating LEA" means an LEA that receives money appropriated under this
1011
section;
1012
(b) "Program" means the School Safety Support Program created in this section;
1013
(c) "School Safety Center" means the same as that term is defined in Section 53G-8-801;
1014
and
- 30 - 02-18 16:04 4th Sub. (Green) H.B. 40
1015
(d) "State security chief" means the same as that term is defined in Section 53-22-101.
1016
(2)(a) There is created the School Safety Support Program to provide funding to LEAs
1017
to implement and maintain:
1018
(i) school safety personnel requirements described in:
1019
(A) Subsection 53-22-102(3)(b); and
1020
(B) Section 53G-8-701.5;
1021
(ii) building and safety standards described in:
1022
(A) Subsection 53-22-102(3)(a); and
1023
(B) Section 53E-3-706.
1024
(iii) emergency response protocols described in:
1025
(A) Subsection 53-22-102(3)(c); and
1026
(B) Section 53G-8-803;
1027
(iv) safety and security devices and infrastructure described in:
1028
(A) Subsection 53-22-102(3)(a); and
1029
(B) Section 53G-8-805;
1030
(v) safety needs identified from the LEA's school safety needs assessment described
1031
in Section 53G-8-701.5; and
1032
(vi) other school safety requirements or needs established in:
1033
(A) Title 53, Chapter 22, School Security Act;
1034
(B) Title 53G, Chapter 8, Part 7, School Safety Personnel; and
1035
(C) Title 53G, Chapter 8, Part 8, State Safety and Support Program.
1036
(3) In accordance with Subsection (4) and subject to legislative appropriations, the state
1037
board shall:
1038
(a) distribute money appropriated under this section to LEAs to implement school safety
1039
requirements and needs as described in Subsection (2); and
1040
(b) distribute the money as follows:
1041
(i) to charter schools, an amount equal to:
1042
(A) the total charter school enrollment on October 1 in the prior year, or projected
1043
enrollment for a charter school in the charter school's first year of operations,
1044
divided by enrollment on October 1 in public schools statewide in the prior
1045
year multiplied by the total amount available for distribution; and
1046
(B) allocated to each charter school with 20% divided equally among all charter
1047
schools, and 80% distributed on a per-student basis; and
1048
(ii) to school districts, the remainder of funds available after the distribution to
- 31 - 4th Sub. (Green) H.B. 40 02-18 16:04
1049
charter schools under Subsection (3)(b)(i), allocated as follows:
1050
(A) $250,000 for a school district with enrollment less than 1% of total state
1051
enrollment;
1052
(B) $175,000 for a school district with enrollment of between 1% and 5% of total
1053
state enrollment;
1054
(C) $100,000 for a school district with enrollment greater than 5% of total state
1055
enrollment; and
1056
(D) the remainder distributed on a per-student basis.
1057
(4) To receive money under this section, an LEA shall submit to the School Safety Center:
1058
(a) a plan that includes:
1059
(i) the LEA's proposed use of program money as the uses align with school safety
1060
requirements and needs described in Subsection (2);
1061
(ii) measurable goals for improving school safety;
1062
(iii) proposed safety compliance timelines; and
1063
(iv) coordination efforts with local law enforcement described in Section 53-25-601;
1064
and
1065
(b) an annual report that includes:
1066
(i) progress toward achieving the goals submitted under Subsection (4)(a) ;
1067
(ii) expenditure of program money; and
1068
(iii) compliance with school safety requirements.
1069
(5) The state board in collaboration with the School Safety Center and the state security
1070
chief, shall:
1071
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
1072
Rulemaking Act, to establish:
1073
(i) procedures for submitting a plan and distributing money under this section;
1074
(ii) permitted uses of program money; and
1075
(iii) reporting requirements; and
1076
(b) monitor the program's implementation.
1077
(6) To reduce administrative burden to LEAs, the state board shall use methods to automate
1078
reporting requirements established under this section wherever possible.
1079
Section 17. Section 53G-8-102 is amended to read:
1080
53G-8-102 . Definitions.
1081
[Reserved] As used in this chapter:
1082
(1) "Climate" means the perceptions and experiences of students, staff, parents, and the
- 32 - 02-18 16:04 4th Sub. (Green) H.B. 40
1083
community regarding the school's environment and the resources that support the
1084
experiences.
1085
(2) "Culture" means the beliefs, values, and practices that shape how a school functions and
1086
influences student learning and well-being through policies, procedures, and safety
1087
protocols.
1088
(3) "K-12 School Campus" means an LEA governed property or building where K-12
1089
students gather daily for instructional purposes and has an assigned administrator.
1090
(4) "Physical Space" means the way in which a building is designed and structured to
1091
promote safety including the minimum safety and security standards as described in
1092
Section 53-22-102.
1093
(5) "School safety means" the physical space, culture, and climate of a school.
1094
Section 18. Section 53G-8-701 is amended to read:
1095
53G-8-701 . Definitions.
1096
As used in this part:
1097
(1) "Armed school security guard" means the same as that term is defined in Section [
1098
53G-8-804] 53G-8-704.
1099
(2) "County security chief" means the same as that term is defined in Section 53-22-101.
1100
(3) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.
1101
(4) "Public school" means the same as that term is defined in Section 53G-9-205.1.
1102
(5) "School guardian" means the same as that term is defined in Section 53-22-106.
1103
(6) "School is in session" means the same as that term is defined in Section 53E-3-516.
1104
(7) "School resource officer" means a law enforcement officer, as defined in Section
1105
53-13-103, who contracts with or whose law enforcement agency contracts with an LEA
1106
to provide law enforcement services for the LEA.
1107
(8) "School safety and security director" means an individual whom an LEA designates in
1108
accordance with Section 53G-8-701.8.
1109
(9) "School safety and security specialist" means a school employee designated under
1110
Section 53G-8-701.6 who is responsible for supporting school safety initiatives.
1111
(10) "School [safety center"] Safety Center" means the same as that term is defined in
1112
Section 53G-8-801.
1113
(11) "State security chief" means the same as that term is defined in Section 53-22-101.
1114
Section 19. Section 53G-8-701.5 is amended to read:
1115
53G-8-701.5 . School safety needs assessment -- School safety personnel --
1116
Alternative requirements.
- 33 - 4th Sub. (Green) H.B. 40 02-18 16:04
1117
(1)(a) No later than [December 31, 2024] October 15 of each year, an LEA shall:
1118
(i) ensure a school safety needs assessment the state security chief selects is
1119
conducted in accordance with Subsection (1)(b) for each school or K-12 campus
1120
within the LEA to determine the needs and deficiencies regarding:
1121
(A) appropriate school safety personnel, including necessary supports, training,
1122
and policy creation for the personnel;
1123
(B) physical building security and safety, including required upgrades to facilities
1124
and safety technology, and a list of current deferred maintenance; [and]
1125
(C) a school's current threat and emergency response protocols, including any
1126
emergency response agreements with local law enforcement;
1127
(D) cardiac emergency preparedness, including presence and accessibility of
1128
automated external defibrillators, automated external defibrillator maintenance
1129
status and replacement needs, staff training levels for using an automated
1130
external defibrillator, and integration with local emergency services; and
1131
(E) compliance with universal access key box requirements under Section
1132
53G-7-220; and
1133
(ii) report the results of the school safety needs assessment for each school within the
1134
LEA to the state security chief and the School Safety Center.
1135
(b)(i) The school safety specialist described in Section 53G-8-701.6, in collaboration
1136
with the county security chief, [or designee described in Section 53-22-103] and
1137
with the local law enforcement of relevant jurisdiction over the school as
1138
described in Section 53-25-601, shall conduct the school safety needs assessment
1139
for each school.
1140
(ii) A school safety and security director may fulfill the role of a school safety and
1141
security specialist in conducting the school safety needs assessment.
1142
[(c) In collaboration with the School Safety Center described in Section 53G-8-802, the
1143
state security chief described in Section 53-22-102 shall create a school safety needs
1144
assessment that an LEA shall use to ensure compliance with this Subsection (1).]
1145
[(d)] (c) The state board shall use the results of the school safety needs assessment for
1146
each school within an LEA to award a grant to an LEA in accordance with Section
1147
53F-5-220.
1148
[(e)] (d) Any information or record detailing a school's needs assessment results is:
1149
(i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
1150
Records Access and Management Act; and
- 34 - 02-18 16:04 4th Sub. (Green) H.B. 40
1151
(ii) available only to:
1152
(A) the state security chief;
1153
(B) the School Safety Center;
1154
(C) members of an LEA governing board;
1155
(D) administrators of the LEA and school the needs assessment concerns;
1156
(E) only to the extent necessary to award a grant under Section 53F-5-220, the
1157
state board;
1158
(F) the applicable school safety personnel described in Subsection (2);
1159
(G) a local law enforcement agency that would respond to the school in case of an
1160
emergency; and
1161
(H) the county security chief.
1162
[(f)] (e) An individual who intentionally or knowingly provides the information
1163
described in Subsection (1)(e) to an individual or entity not listed in Subsection
1164
(1)(e)(ii) is guilty of a class B misdemeanor.
1165
(2)(a) An LEA shall ensure each school within the LEA has the following school safety
1166
personnel:
1167
(i) a school safety and security specialist described in Section 53G-8-701.6; and
1168
(ii) based on the results of the needs assessment described in Subsection (1), at least
1169
one of the following:
1170
(A) a school resource officer;
1171
(B) a school guardian; or
1172
(C) an armed school security guard.
1173
(b) In addition to the school safety personnel described in Subsection (2)(a), an LEA
1174
shall designate a school safety and security director described in Section 53G-8-701.8.
1175
(c) [If a school has more than 350 students enrolled at the school, the] The same
1176
individual may [not ]serve in more than one of the roles listed in Subsections (2)(a)
1177
and (b) if the school notifies the School Safety Center and the state security chief of
1178
the decision to have the same individual serve in multiple roles as described in this
1179
Subsection (2).
1180
(d) An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA
1181
has completed the school safety needs assessment described in Subsection (1).
1182
(e) The state security chief in consultation with the School Safety Center shall establish
1183
a timeline for an LEA to comply with the school safety personnel requirements of
1184
this Subsection (2).
- 35 - 4th Sub. (Green) H.B. 40 02-18 16:04
1185
(3)(a) An LEA, school administrator, or private school may apply to the state security
1186
chief for an approved alternative to the requirements described in:
1187
(i) Section 53-22-105;
1188
(ii) this section;
1189
(iii) Section 53G-8-701.6;
1190
(iv) Section 53G-8-701.8; and
1191
(v) Section 53G-8-704.
1192
(b) In approving or denying an application described in Subsection (3)(a), the state
1193
security chief may consider factors that impact a school or LEA's ability to adhere to
1194
the requirements of this section, including the school or LEA's:
1195
(i) population size;
1196
(ii) staffing needs or capacity;
1197
(iii) geographic location;
1198
(iv) available funding; or
1199
(v) general demonstration of need for an alternative to the requirements of this
1200
section.
1201
(4) A private school shall identify an individual at the private school to serve as the safety
1202
liaison with the local law enforcement of relevant jurisdiction and the state security chief.
1203
Section 20. Section 53G-8-701.6 is amended to read:
1204
53G-8-701.6 . School safety and security specialist.
1205
(1) As used in this section, "principal" means the chief administrator at a public school,
1206
including:
1207
(a) a school principal;
1208
(b) a charter school director; or
1209
(c) the superintendent of the Utah Schools for the Deaf and the Blind.
1210
(2)(a) Subject to Subsection (2)(b) and except as provided in Subsection 53G-8-701.5
1211
(3), every campus within an LEA shall designate a school safety and security
1212
specialist from the employees of the relevant campus.
1213
(b) The school safety and security specialist:
1214
(i) may not be a principal; and
1215
(ii) may be the school safety and security director at one campus within the LEA.
1216
(3) The school safety and security specialist shall:
1217
(a) report directly to the principal;
1218
(b) oversee school safety and security practices to ensure a safe and secure school
- 36 - 02-18 16:04 4th Sub. (Green) H.B. 40
1219
environment for students and staff;
1220
(c) ensure adherence with all policies, procedures, protocols, rules, and regulations
1221
relating to school safety and security through collaborating and maintaining effective
1222
communications with the following as applicable:
1223
(i) the principal;
1224
(ii) school staff;
1225
(iii) the school resource officer;
1226
(iv) the armed school security guard;
1227
(v) the school guardian;
1228
(vi) local law enforcement;
1229
(vii) the county security chief;
1230
(viii) the school safety and security director;
1231
(ix) the LEA; and
1232
(x) school-based behavioral and mental health professionals;
1233
(d) in collaboration with the county security chief [or designee described in Section
1234
53-22-103] and with the local law enforcement of relevant jurisdiction over the school
1235
as described in Section 53-25-601:
1236
(i) conduct the school safety needs assessment described in Section 53G-8-701.5;
1237
(ii) in accordance with Sections 53-25-601 and 53G-8-701.5, submit the completed
1238
assessments to the School Safety Center created in Section 53G-8-802 by October
1239
15 of each year; and
1240
[(ii)] (iii) conduct a building safety evaluation at least annually using the results of the
1241
school safety needs assessment to recommend and implement improvements to
1242
school facilities, policies, procedures, protocols, rules, and regulations relating to
1243
school safety and security;
1244
(e) [if the specialist is also an employee of an LEA, ]participate on the multidisciplinary
1245
team that the [LEA] school establishes;
1246
(f) conduct a behavioral threat assessment when the school safety and security specialist
1247
deems necessary using an evidence-based tool the state security chief recommends in
1248
consultation with the school safety center and the Office of Substance [Abuse] Use
1249
and Mental Health;
1250
(g) regularly monitor and report to the principal, local law enforcement, and, if
1251
applicable, the LEA superintendent or designee, security risks for the school resulting
1252
from:
- 37 - 4th Sub. (Green) H.B. 40 02-18 16:04
1253
(i) issues with school facilities; or
1254
(ii) the implementation of practices, policies, procedures, and protocols relating to
1255
school safety and security;
1256
(h) coordinate with local first responder agencies to implement and monitor safety and
1257
security drills in accordance with policy and applicable procedures and protocols;
1258
(i) ensure that school staff, and, when appropriate, students, receive training on and
1259
remain current on the school's safety and security procedures and protocols;
1260
(j) following an event where security of the school has been significantly compromised,
1261
organize a debriefing with the individuals listed in Subsection (3)(c) following the
1262
recommendations from the state security chief, in collaboration with the School
1263
Safety Center, regarding strengthening school safety and security practices, policies,
1264
procedures, and protocols;
1265
(k) abide by any LEA, school, or law enforcement agency policy outlining the chain of
1266
command;
1267
(l) during an emergency, coordinate with the following individuals as applicable, the:
1268
(i) school resource officer;
1269
(ii) school guardians;
1270
(iii) armed school security guards;
1271
(iv) school administrators; and
1272
(v) responding law enforcement officers;
1273
(m) follow any LEA, school, or law enforcement agency student privacy policies,
1274
including state and federal privacy laws;
1275
(n) participate in an annual training the state security chief selects in consultation with
1276
the School Safety Center; and
1277
(o) remain current on:
1278
(i) a comprehensive school guideline the state security chief selects;
1279
(ii) the duties of a school safety and security specialist described in this Subsection
1280
(3); and
1281
(iii) the school's emergency response plan.
1282
(4) During an active emergency at the school, the school safety and security specialist is
1283
subordinate to any responding law enforcement officers.
1284
Section 21. Section 53G-8-701.8 is amended to read:
1285
53G-8-701.8 . School safety and security director.
1286
(1) Except as provided in Subsection 53G-8-701.5(3), an LEA shall designate a school
- 38 - 02-18 16:04 4th Sub. (Green) H.B. 40
1287
safety and security director as the LEA point of contact for the county security chief,
1288
local law enforcement, and the state security chief.
1289
(2) A school safety and security director shall:
1290
(a) participate in and satisfy the training requirements[, including the annual and
1291
biannual requirements, described in] as follows:
1292
(i) only once, the training requirements described in Section 53-22-105 for school
1293
guardians;
1294
(ii) [Section 53G-8-702 for] the school resource [officers] officer and administrator
1295
training the state security chief approves in consultation with the School Safety
1296
Center; and
1297
[(iii) Section 53G-8-704 for armed school security guards;]
1298
[(b) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1299
Concealed Firearm Act;]
1300
[(c)] (b) if serving as a backup school guardian, satisfy all requirements described in
1301
53-22-105;
1302
(c) if the designee is an employee of an LEA, participate on the multidisciplinary team
1303
the LEA establishes;
1304
(d) coordinate security responses among, if applicable, the following individuals in the
1305
LEA that employs the school safety and security director:
1306
(i) school safety and security specialists;
1307
(ii) school resource officers;
1308
(iii) armed school security guards; and
1309
(iv) school guardians; and
1310
(e) collaborate and maintain effective communications with local law enforcement, a
1311
county security chief, the LEA, and school-based behavioral and mental health
1312
professionals to ensure adherence with all policies, procedures, protocols, rules, and
1313
regulations relating to school safety and security.
1314
(3) A school safety and security director:
1315
(a) does not have authority to act in a law enforcement capacity; and
1316
(b) may, at the LEA that employs the director:
1317
(i) take actions necessary to prevent or abate an active threat; and
1318
(ii) temporarily detain an individual when the school safety and security director has
1319
reasonable cause to believe the individual has committed or is about to commit a
1320
forcible felony, as that term is defined in Section 76-2-402[;] .
- 39 - 4th Sub. (Green) H.B. 40 02-18 16:04
1321
(4) Notwithstanding Subsection 76-10-505.5(4), if a school safety and security director is
1322
carrying a firearm, the school safety and security director shall carry the school safety
1323
and security director's firearm in a concealed manner and may not, unless during an
1324
active threat, display or open carry a firearm while on school grounds.
1325
(5) A school may use the services of the school safety and security director on a temporary
1326
basis to satisfy the school safety personnel requirement of Subsection 53G-8-701.5(2).
1327
(6) The state security chief shall:
1328
(a) for each school safety and security director, track each school safety and security
1329
director by collecting the photograph and the name and contact information for each
1330
school safety and security director; and
1331
(b) make the information described in Subsection (6)(a) readily available to each law
1332
enforcement agency in the state categorized by LEA.
1333
Section 22. Section 53G-8-704 is amended to read:
1334
53G-8-704 . Contracts between an LEA and a contract security company for
1335
armed school security guards.
1336
(1) As used in this section:;
1337
(a) "Armed private security officer" means the same as that term is defined in Section
1338
58-63-102.
1339
(b) "Armed school security guard" means an armed private security officer who[ is]:
1340
(i) is licensed as an armed private security officer under Title 58, Chapter 63,
1341
Security Personnel Licensing Act; and
1342
(ii) has met the requirements described in Subsection (4)(a).
1343
(c) "Contract security company" means the same as that term is defined in Section
1344
58-63-102.
1345
(d) "State security chief" means the same as that term is defined in Section 53-22-102.
1346
(2)(a) An LEA may use an armed school security guard to satisfy the school safety
1347
personnel requirements of Section 53G-8-701.5.
1348
(b) An LEA that uses an armed school security guard under Subsection (2)(a) shall
1349
contract with a contract security company to provide armed school security guards at
1350
each school within the LEA.
1351
(3) The contract described in Subsection (2)(b) shall include a detailed description of:
1352
(a) the rights of a student under state and federal law with regard to:
1353
(i) searches;
1354
(ii) questioning;
- 40 - 02-18 16:04 4th Sub. (Green) H.B. 40
1355
(iii) arrests; and
1356
(iv) information privacy;
1357
(b) job assignment and duties of an armed school security guard, including:
1358
(i) the school to which an armed school security guard will be assigned;
1359
(ii) the hours an armed school security guard is present at the school;
1360
(iii) the point of contact at the school that an armed school security guard will contact
1361
in case of an emergency;
1362
(iv) specific responsibilities for providing and receiving information;
1363
(v) types of records to be kept, and by whom; and
1364
(vi) training requirements; and
1365
(c) other expectations of the contract security company in relation to school security at
1366
the LEA.
1367
(4)(a) In addition to the requirements for licensure under Title 58, Chapter 63, Security
1368
Personnel Licensing Act, an armed private security officer may only serve as an
1369
armed school security guard under a contract described in Subsection (2)(b) if the
1370
armed private security officer:
1371
(i) has a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1372
Concealed Firearm Act;[ and]
1373
(ii) has undergone training from a county security chief or local law enforcement
1374
agency regarding:
1375
(A) the safe loading, unloading, storage, and carrying of firearms in a school
1376
setting;
1377
(B) the role of armed security guards in a school setting; and
1378
(C) coordination with law enforcement and school officials during an active threat[.] ;
1379
(iii) completes an initial "fit to carry" assessment the Department of Health and
1380
Human Services approves and a provider administers; and
1381
(iv) maintains compliance with mental health screening requirements consistent with
1382
law enforcement standards.
1383
(b) An armed school security guard that meets the requirements of Subsection (4)(a)
1384
shall, in order to remain eligible to be assigned as an armed school security guard at
1385
any school under a contract described in Subsection (2)(b), participate in and satisfy
1386
the training requirements of the initial, annual, and biannual trainings as defined in
1387
Section 53-22-105.
1388
(5) An armed school security guard may conceal or openly carry a firearm at the school at
- 41 - 4th Sub. (Green) H.B. 40 02-18 16:04
1389
which the armed school security guard is employed under the contract described in
1390
Subsection (2)(b).
1391
(6) An LEA that enters a contract under this section shall inform the state security chief and
1392
the relevant county security chief of the contract and provide the contact information of
1393
the contract security company employing the armed security guard for use during an
1394
emergency.
1395
(7) The state security chief shall:
1396
(a) for each LEA that contracts with a contract security company under this section,
1397
track each contract security company providing armed school security guards by
1398
name and the contact information for use in case of an emergency; and
1399
(b) make the information described in Subsection (7)(a) readily available to each law
1400
enforcement agency in the state by school.
1401
(8) An armed school security guard shall file a report described in Subsection (9) if, during
1402
the performance of the armed school security guard's duties, the armed school security
1403
guard:
1404
(a) points a firearm at an individual; or
1405
(b) aims a conductive energy device at an individual and displays the electrical current.
1406
(9)(a) A report described in Subsection (8) shall include:
1407
(i) a description of the incident;
1408
(ii) the identification of the individuals involved in the incident; and
1409
(iii) any other information required by the state security chief.
1410
(b) An armed school security guard shall submit a report required under Subsection (8)
1411
to the school administrator, school safety and security director, and the state security
1412
chief within 48 hours after the incident.
1413
(c) The school administrator, school safety and security director, and the state security
1414
chief shall consult and review the report submitted under Subsection (9)(b).
1415
Section 23. Section 53G-8-802 is amended to read:
1416
53G-8-802 . State Safety and Support Program -- State board duties -- LEA
1417
duties.
1418
(1) There is created the School Safety Center.
1419
(2) The School Safety Center shall:
1420
(a) develop in conjunction with the Office of Substance Use and Mental Health and the
1421
state security chief model student safety and support policies for an LEA, including:
1422
(i) requiring an evidence-based behavior threat assessment that includes[:]
- 42 - 02-18 16:04 4th Sub. (Green) H.B. 40
1423
[(A)] recommended interventions with an individual whose behavior poses a
1424
threat to school safety; [and]
1425
[(B) establishes defined roles for a multidisciplinary team and school safety
1426
personnel described in Title 53G, Chapter 8, Part 7, School Safety Personnel,
1427
including:]
1428
(ii) procedures for referrals to law enforcement; and
1429
(iii) procedures for referrals to a community services entity, a family support
1430
organization, or a health care provider for evaluation or treatment;
1431
(b) provide training in consultation with the state security chief:
1432
(i) in school safety;
1433
(ii) in evidence-based approaches to improve school climate and address and correct
1434
bullying behavior;
1435
(iii) in evidence-based approaches in identifying an individual who may pose a threat
1436
to the school community;
1437
(iv) in evidence-based approaches in identifying an individual who may be showing
1438
signs or symptoms of mental illness;
1439
(v) on permitted disclosures of student data to law enforcement and other support
1440
services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1441
1232g;
1442
(vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
1443
53E-9-203 and 53E-9-305; and
1444
(vii) for administrators on rights and prohibited acts under:
1445
(A) Chapter 9, Part 6, Bullying and Hazing;
1446
(B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
1447
(C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
1448
(D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
1449
(E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
1450
(c) conduct and disseminate evidence-based research on school safety concerns;
1451
(d) disseminate information on effective school safety initiatives;
1452
(e) encourage partnerships between public and private sectors to promote school safety;
1453
(f) provide technical assistance to an LEA in the development and implementation of
1454
school safety initiatives;
1455
(g) in conjunction with the state security chief, make available to an LEA the model
1456
critical incident response training program a school and law enforcement agency
- 43 - 4th Sub. (Green) H.B. 40 02-18 16:04
1457
shall use during a threat;
1458
(h) provide space for the public safety liaison described in Section 53-1-106 and the
1459
school-based mental health specialist described in Section 26B-5-102;
1460
(i) collaborate with the state security chief to determine appropriate application of school
1461
safety requirements in Utah Code to an online school;
1462
(j) create a model school climate survey that may be used by an LEA to assess
1463
stakeholder perception of a school environment;
1464
(k) establish a charter school liaison including defined responsibilities for charter school
1465
communication and coordination with the School Safety Center; and
1466
(l) assist a foundation described in Section 53-22-108 in distributing school safety
1467
products if a foundation seeks assistance;
1468
(m) submit findings from the gap analysis described in Subsection (2)(m) to:
1469
(i) the state security chief established in Section 53-22-102;
1470
(ii) the School Safety Task Force created in Section 53-22-104.1; and
1471
(iii) the state board;
1472
(n) establishes defined roles for a multidisciplinary team and school safety personnel
1473
described in Title 53G, Chapter 8, Part 7, School Safety Personnel, including
1474
providing training and standards for cardiac emergency response that includes:
1475
(i) CPR and automated external defibrillator operation certification from a nationally
1476
recognized organization;
1477
(ii) automated external defibrillator placement, maintenance, and operation protocols;
1478
(iii) emergency response procedures, including designation of a cardiac emergency
1479
response coordinator and response team; and
1480
(iv) coordination with local emergency medical services for emergency response
1481
integration; and
1482
[(k)] (o) assist LEAs in implementing and maintaining universal access key box
1483
requirements under Section 53G-8-805;
1484
(p) collect aggregate data and school climate survey results from an LEA that
1485
administers the model school climate survey described in Subsection [(2)(i)] (2)(j).
1486
(3) Nothing in this section requires:
1487
(a) an individual to respond to a school climate survey; or
1488
(b) an LEA to use the model school climate survey or any specified questions in the
1489
model school climate survey described in Subsection [(2)(i)] (2)(j).
1490
(4) The state board shall require an LEA to:
- 44 - 02-18 16:04 4th Sub. (Green) H.B. 40
1491
(a)(i) if an LEA administers a school climate survey, review school climate data for
1492
each school within the LEA; and
1493
(ii) based on the review described in Subsection (4)(a)(i):
1494
(A) revise practices, policies, and training to eliminate harassment and
1495
discrimination in each school within the LEA;
1496
(B) adopt a plan for harassment- and discrimination-free learning; and
1497
(C) host outreach events or assemblies to inform students and parents of the plan
1498
adopted under Subsection (4)(a)(ii)(B);
1499
(b) no later than September 1 of each school year, send a notice to each student, parent,
1500
and LEA staff member stating the LEA's commitment to maintaining a school
1501
climate that is free of harassment and discrimination; and
1502
(c) report to the state board annually on the LEA's implementation of the plan under
1503
Subsection (4)(a)(ii)(B) and progress.
1504
(5) A charter school authorizer as that term is defined in Section 53G-5-102, shall pay a
1505
portion of the salary of the charter liaison described in Subsection (2)(k) in an amount
1506
proportionate to the number of charter schools the authorizer has authorized.
1507
Section 24. Section 53G-8-803 is amended to read:
1508
53G-8-803 . Standard response protocol to active threats in schools.
1509
The state security chief described in Section 53-22-102, in consultation with the School
1510
Safety Center, shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1511
Rulemaking Act, to:
1512
(1) in accordance with the standard response protocol established by the state security chief,
1513
require an LEA or school to develop emergency preparedness plans and emergency
1514
response plans for use during an emergency that include developmentally appropriate
1515
training for students and adults regarding:
1516
(a) active threats;
1517
(b) emergency preparedness;
1518
(c) cardiac emergency preparedness;
1519
[(c)] (d) drills as required under Subsection 15A-5-202.5 and by the state security chief;
1520
and
1521
[(d)] (e) standard response protocols coordinated with community stakeholders; and
1522
(2) identify the necessary components of emergency preparedness and response plans,
1523
including underlying standard response protocols and emerging best practices for an
1524
emergency.
- 45 - 4th Sub. (Green) H.B. 40 02-18 16:04
1525
Section 25. Section 53G-8-805 is amended to read:
1526
53G-8-805 . Panic alert device -- Security cameras -- Key box.
1527
(1) As used in this section:
1528
(a) "Universal access key box" means a UL Standard 1037 compliant secure container
1529
designed to store and protect emergency access keys and devices.
1530
(b) "Emergency responder" means law enforcement, fire service, or emergency medical
1531
personnel authorized by local authorities to respond to school emergencies.
1532
[(1)] (2) In accordance with the results of the school safety needs assessment described in
1533
Section 53G-8-701.5, an LEA shall provide [a staff person] the lead teacher in each
1534
classroom with a wearable panic alert device that [allows for immediate contact with
1535
emergency services or emergency services agencies, law enforcement agencies, health
1536
departments, and fire departments] shall communicate directly with public safety
1537
answering points.
1538
[(2)] (3) An LEA shall ensure, before the school year begins, all school building personnel
1539
receive training on the protocol and appropriate use of the panic alert device described in
1540
Subsection [(1)] (2).
1541
[(3)] (4) An LEA shall:
1542
(a) ensure all security cameras within a school building are accessible by:
1543
(i) a local law enforcement agency; and
1544
(ii) public safety answering points;
1545
(b) coordinate with a local law enforcement agency to establish appropriate access
1546
protocols[.] ; and
1547
(c) physically mark all hallways and doorways consistent with the incident response
1548
method or system the state security chief creates pursuant to Section 53-22-102(3).
1549
[(4)]
1550
(5) A school building shall include universal access key boxes that:
1551
(a) are installed at main entry points;
1552
(b) contain master keys and access devices providing complete access to all areas of the
1553
school;
1554
(c) are accessible only to authorized emergency responders;
1555
(d) are electronically monitored for tampering; and
1556
(e) are weather-resistant and vandal-resistant.
1557
(6) An LEA shall:
1558
(a) maintain universal access key boxes by:
- 46 - 02-18 16:04 4th Sub. (Green) H.B. 40
1559
(i) conducting quarterly inspections;
1560
(ii) updating contents within 24 hours of any lock or access control changes;
1561
(iii) maintaining current key and access device inventories;
1562
(iv) documenting all inspections and updates; and
1563
(v) immediately replacing any damaged or malfunctioning boxes;
1564
(b) coordinate with local emergency responders to:
1565
(i) determine optimal box placement;
1566
(ii) establish access protocols;
1567
(iii) maintain current emergency contact information; and
1568
(iv) conduct annual reviews of box usage and effectiveness;
1569
(c) include universal access key box locations and protocols in:
1570
(i) school emergency response plans;
1571
(ii) building schematic diagrams provided to emergency responders; and
1572
(iii) school safety and security training materials.
1573
(7) The state board shall:
1574
(a) establish standards for:
1575
(i) box installation and placement;
1576
(ii) access control and monitoring;
1577
(iii) maintenance schedules; and
1578
(iv) compliance verification;
1579
(b) provide technical assistance to LEAs implementing this section.
1580
(8) Nothing in this section:
1581
(a) affects requirements for fire department key boxes under applicable building or fire
1582
codes; or
1583
(b) restricts additional security measures implemented by LEAs that exceed these
1584
requirements.
1585
(9) This section is not subject to the restrictions in Section 41-6a-2003.
1586
Section 26. Section 53G-9-207 is amended to read:
1587
53G-9-207 . Child sexual abuse prevention.
1588
(1) As used in this section:
1589
(a)(i) "Age-appropriate instructional material" means materials that provide
1590
instruction on:
1591
(A) the responsibility of adults for the safety of children;
1592
(B) how to recognize uncomfortable inner feelings;
- 47 - 4th Sub. (Green) H.B. 40 02-18 16:04
1593
(C) how to say no and leave an uncomfortable situation;
1594
(D) how to set clear boundaries;
1595
(E) the risks of sharing intimate images or personal information through electronic
1596
means; and
1597
[(E)] (F) the importance of discussing uncomfortable situations with parents and
1598
other trusted adults.
1599
(ii) "Age-appropriate instructional material" does not include materials that:
1600
(A) invites a student to share personal experiences about abuse during instruction;
1601
(B) gives instruction regarding consent as described in Section 76-5-406; or
1602
(C) includes sexually explicit language or depictions.
1603
(b) "Alternative provider" means a provider other than the provider selected by the state
1604
board under Subsection (8) that provides the training and instruction described in
1605
Subsection (4) with instructional materials approved under Subsection (2).
1606
(c) "School personnel" means the same as that term is defined in Section 53G-9-203.
1607
(d) "Sexual extortion" means the criminal offense described in Section 76-5b-204.
1608
(2) The state board shall approve, in partnership with the Department of Health and Human
1609
Services, age-appropriate instructional materials for the training and instruction
1610
described in Subsections (3)(a) and (4).
1611
(3)(a) An LEA shall provide, once every three years, training and instruction on child
1612
sexual abuse and human trafficking prevention and awareness to:
1613
(i) school personnel in elementary and secondary schools on:
1614
(A) responding to a disclosure of child sexual abuse in a supportive, appropriate
1615
manner;
1616
(B) identifying children who are victims or may be at risk of becoming victims of
1617
human trafficking or commercial sexual exploitation; and
1618
(C) the mandatory reporting requirements described in Sections 53E-6-701 and
1619
80-2-602;
1620
(D) appropriate responses to incidents of sexual extortion, including connecting
1621
victims with support services; and
1622
(ii) parents of elementary school students on:
1623
(A) recognizing warning signs of a child who is being sexually abused or who is a
1624
victim or may be at risk of becoming a victim of human trafficking or
1625
commercial sexual exploitation; [and]
1626
(B) effective, age-appropriate methods for discussing the topic of child sexual
- 48 - 02-18 16:04 4th Sub. (Green) H.B. 40
1627
abuse with a child[.] ; and
1628
(C) resources available for victims of sexual extortion.
1629
(b) An LEA:
1630
(i) shall use the instructional materials approved by the state board under Subsection
1631
(2) to provide the training and instruction under Subsections (3)(a) and (4); or
1632
(ii) may use instructional materials the LEA creates to provide the instruction and
1633
training described in Subsections (3)(a) and (4), if the LEA's instructional
1634
materials are approved by the state board under Subsection (2).
1635
(4)(a) In accordance with Subsections (4)(b) and (5), an LEA may provide instruction on
1636
child sexual abuse and human trafficking prevention and awareness to elementary
1637
school students using age-appropriate curriculum.
1638
(b) An LEA that provides the instruction described in Subsection (4)(a) shall use the
1639
instructional materials approved by the state board under Subsection (2) to provide
1640
the instruction.
1641
(5)(a) An elementary school student may not be given the instruction described in
1642
Subsection (4) unless the parent of the student is:
1643
(i) notified in advance of the:
1644
(A) instruction and the content of the instruction; and
1645
(B) parent's right to have the student excused from the instruction;
1646
(ii) given an opportunity to review the instructional materials before the instruction
1647
occurs; and
1648
(iii) allowed to be present when the instruction is delivered.
1649
(b) Upon the written request of the parent of an elementary school student, the student
1650
shall be excused from the instruction described in Subsection (4).
1651
(c) Participation of a student requires compliance with Sections 53E-9-202 and
1652
53E-9-203.
1653
(6) An LEA may determine the mode of delivery for the training and instruction described
1654
in Subsections (3) and (4).
1655
(7) Upon request of the state board, an LEA shall provide evidence of compliance with this
1656
section.
1657
(8) The state board shall select a provider to provide the training and instruction described
1658
in Subsection (4), including requiring the provider selected to:
1659
(a) engage in outreach efforts to support more schools to participate in the training and
1660
instruction;
- 49 - 4th Sub. (Green) H.B. 40 02-18 16:04
1661
(b) provide materials for the instruction involving students in accordance with
1662
Subsection (4);
1663
(c) provide an outline of how many LEAs, schools, and students the provider could
1664
service; and
1665
(d) submit a report to the state board that includes:
1666
(i) information on the LEAs the provider engaged with in the outreach efforts,
1667
including:
1668
(A) how many schools within an LEA increased instructional offerings for
1669
training and instruction; and
1670
(B) the reasons why an LEA chose to participate or not in the offered training or
1671
instruction;
1672
(ii) the number of schools and students that received the training and instruction;
1673
(iii) budgetary information regarding how the provider utilized any funds the state
1674
board allocated; and
1675
(iv) additional information the state board requests.
1676
(9) Subject to legislative appropriation, there is created a grant program to support an LEA
1677
that chooses to use an alternative provider other than the provider selected by the state
1678
board under Subsection (8) to provide the training and instruction described in
1679
Subsection (4).
1680
(10) The state board shall:
1681
(a) establish a process to select alternative providers for an LEA to use, including:
1682
(i) an application process for a provider to become an alternative provider;
1683
(ii) required criteria for a provider to become an alternative provider; and
1684
(iii) relevant timelines;
1685
(b) create a process for an LEA to receive a grant award described in Subsection (9),
1686
including:
1687
(i) an application process;
1688
(ii) relevant timelines; and
1689
(iii) a scoring rubric and corresponding formula for determining a grant amount; and
1690
(c) make grant awards on a first come first served basis until the state board distributes
1691
all appropriated funds.
1692
(11) An LEA that receives a grant award described in Subsection (10)(b) shall:
1693
(a) use the grant award to cover the costs needed for implementation of the training or
1694
instruction described in Subsection (4); and
- 50 - 02-18 16:04 4th Sub. (Green) H.B. 40
1695
(b) upon request of the state board, provide an itemized list of the uses of the grant
1696
award.
1697
Section 27. Section 53G-9-703 is amended to read:
1698
53G-9-703 . Parent education -- Mental health -- Bullying -- Safety.
1699
(1)(a) Except as provided in Subsection (3), a school district shall offer a seminar for
1700
parents of students who attend school in the school district that:
1701
(i) is offered at no cost to parents;
1702
(ii)(A) if in person, begins at or after 6 p.m.;[ or]
1703
(B) if in person, takes place on a Saturday; or
1704
(C) may be conducted at anytime online and recorded if the recording is made
1705
available on the school district's website, including the parent portal created in
1706
Section 53G-6-806.
1707
(iii)(A) is held in at least one school located in the school district; or
1708
(B) is provided through a virtual platform; and
1709
(iv) covers the topics described in Subsection (2).
1710
(b)(i) A school district shall annually offer one parent seminar for each 11,000
1711
students enrolled in the school district.
1712
(ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to
1713
offer more than three seminars.
1714
(c) A school district may:
1715
(i) develop the district school's own curriculum for the seminar described in
1716
Subsection (1)(a); or
1717
(ii) use the curriculum developed by the state board under Subsection (2).
1718
(d) A school district shall notify each charter school located in the attendance boundaries
1719
of the school district of the date and time of a parent seminar, so the charter school
1720
may inform parents of the seminar.
1721
(2) The state board shall:
1722
(a) develop a curriculum for the parent seminar described in Subsection (1) that includes
1723
information on:
1724
(i) substance abuse, including illegal drugs and prescription drugs and prevention;
1725
(ii) bullying;
1726
(iii) mental health, depression, suicide awareness, and suicide prevention, including
1727
education on limiting access to fatal means;
1728
(iv) Internet safety, including pornography addiction;[ and]
- 51 - 4th Sub. (Green) H.B. 40 02-18 16:04
1729
(v) the SafeUT Crisis Line established in Section 53B-17-1202; and
1730
(vi) resources related to the topics described in this Subsection (2); and
1731
(b) provide the curriculum, including resources and training, to school districts upon
1732
request.
1733
(3)(a) A school district is not required to offer the parent seminar if the local school
1734
board determines that the topics described in Subsection (2) are not of significant
1735
interest or value to families in the school district.
1736
(b) If a local school board chooses not to offer the parent seminar, the local school board
1737
shall notify the state board and provide the reasons why the local school board chose
1738
not to offer the parent seminar.
1739
Section 28. Section 53G-10-408 is amended to read:
1740
53G-10-408 . Cardiopulmonary resuscitation instruction -- Grant program.
1741
(1) As used in this section:
1742
(a) "Board" means the State Board of Education.
1743
(b) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
1744
chest compression applied to a person who is unresponsive and not breathing.
1745
(c) "Individualized education program" or "IEP" means the same as that term is defined
1746
in Section 53E-1-102.
1747
(d) "Local education agency" or "LEA" means a school district or charter school that
1748
serves students in grade 9, 10, 11, or 12.
1749
(e) "Psychomotor skills" means sequences of physical actions that are practiced in a
1750
manner that supports cognitive learning.
1751
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the
1752
requirements of this section, the board shall make rules to develop and implement CPR
1753
training as part of the core curriculum standards for instruction in health.
1754
(3) The state board may consult with the American Heart Association, the American Red
1755
Cross, or other similar organizations to make the rules described in Subsection (2).
1756
(4) Rules made under Subsection (2) shall include:
1757
(a) a requirement that CPR training be based on current national evidence-based
1758
emergency cardiovascular care guidelines for cardiopulmonary resuscitation;
1759
(b) except for a participant who is enrolled in an online-only school, a requirement that
1760
CPR training include the use of psychomotor skills with appropriate CPR training
1761
equipment; [and]
1762
(c) a requirement that a student complete CPR training at least once during the period
- 52 - 02-18 16:04 4th Sub. (Green) H.B. 40
1763
that begins with the beginning of grade 9 and ends at the end of grade 12, except as
1764
provided in Subsection (7)[.] ; and
1765
(d) a requirement that CPR training described in this section include instruction on
1766
automated external defibrillator use and operation.
1767
(5) Beginning with the 2022-23 school year, and in accordance with the rules made under
1768
Subsection (2), an LEA shall offer CPR training for students.
1769
(6) Rules made under Subsection (2) may not allow an LEA to issue a CPR certification to
1770
a student, but may allow a student to receive CPR certification from an individual who
1771
provides the CPR training if the individual is authorized to issue a CPR certification by
1772
the American Heart Association, American Red Cross, or other similar organization.
1773
(7) A student is exempt from completing CPR training if:
1774
(a) the student's parent or legal guardian requests that the student be exempt from CPR
1775
training;
1776
(b) the student provides documentation to the LEA showing that the student has
1777
previously received CPR training or has a current CPR certification; or
1778
(c) the student has an IEP and the CPR training is inconsistent with the IEP.
1779
(8) An LEA may accept a donation of materials, equipment, or services related to CPR
1780
training if the materials, equipment, or services are in compliance with rules made
1781
pursuant to Subsection (2).
1782
(9)(a) There is created the CPR Training Grant Program.
1783
(b) Subject to legislative appropriations, the board shall award grants to LEAs to provide
1784
the CPR training described in this section, which may include engaging a qualified
1785
CPR instructor or replacing materials and equipment used in CPR training.
1786
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1787
state board may make rules to establish:
1788
(i) application and eligibility requirements for an LEA that seeks a grant under this
1789
section; or
1790
(ii) specific materials or equipment that may be purchased using a grant awarded
1791
under this section.
1792
Section 29. Section 63I-1-253 is amended to read:
1793
63I-1-253 . Repeal dates: Titles 53 through 53G.
1794
(1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is
1795
repealed July 1, 2028.
1796
(2) Section 53-2a-105, Emergency Management Administration Council created --
- 53 - 4th Sub. (Green) H.B. 40 02-18 16:04
1797
Function -- Composition -- Expenses, is repealed July 1, 2029.
1798
(3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation,
1799
is repealed July 1, 2027.
1800
(4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is
1801
repealed July 1, 2027.
1802
(5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
1803
(6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership --
1804
Expenses, is repealed July 1, 2029.
1805
(7) Section 53-2d-703, Volunteer Emergency Medical Service Personnel Health Insurance
1806
Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking --
1807
Advisory board, is repealed July 1, 2027.
1808
(8) Section 53-5-703, Board -- Membership -- Compensation -- Terms -- Duties, is repealed
1809
July 1, 2029.
1810
(9) Section 53-11-104, Board, is repealed July 1, 2029.
1811
(10) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem
1812
-- Report -- Expiration, is repealed December 31, [2025] 2027.
1813
(11) Section 53-22-104.2, The School Security Task Force -- Public Education Advisory
1814
Board, is repealed December 31, [2025] 2027.
1815
(12) Section 53-22-104.3, The School Security Task Force -- Higher Education Advisory
1816
Board, is repealed December 31, 2027.
1817
[(12)] (13) Subsection 53B-1-301(1)(j), regarding the Higher Education and Corrections
1818
Council, is repealed July 1, 2027.
1819
[(13)] (14) Section 53B-7-709, Five-year performance goals, is repealed July 1, 2027.
1820
[(14)] (15) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
1821
July 1, 2028.
1822
[(15)] (16) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
1823
[(16)] (17) Section 53B-17-1203, SafeUT and School Safety Commission established --
1824
Members, is repealed January 1, 2030.
1825
[(17)] (18) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
1826
[(18)] (19) Title 53B, Chapter 18, Part 17, Food Security Council, is repealed July 1, 2027.
1827
[(19)] (20) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
1828
Research Center, is repealed July 1, 2028.
1829
[(20)] (21) Title 53B, Chapter 35, Higher Education and Corrections Council, is repealed
1830
July 1, 2027.
- 54 - 02-18 16:04 4th Sub. (Green) H.B. 40
1831
[(21)] (22) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the
1832
Land Exchange Distribution Account to the Geological Survey for test wells and other
1833
hydrologic studies in the West Desert, is repealed July 1, 2030.
1834
[(22)] (23) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections
1835
Council, is repealed July 1, 2027.
1836
[(23)] (24) Subsection 53E-2-304(6), regarding foreclosing a private right of action or
1837
waiver of governmental immunity, is repealed July 1, 2027.
1838
[(24)] (25) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is
1839
repealed July 1, 2027.
1840
[(25)] (26) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is
1841
repealed July 1, 2027.
1842
[(26)] (27) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed
1843
January 1, 2028.
1844
[(27)] (28) Section 53E-4-203, Standards review committee, is repealed January 1, 2028.
1845
[(28)] (29) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission,
1846
is repealed July 1, 2033.
1847
[(29)] (30) Subsection 53E-7-207(7), regarding a private right of action or waiver of
1848
governmental immunity, is repealed July 1, 2027.
1849
[(30)] (31) Section 53F-2-420, Intensive Services Special Education Pilot Program, is
1850
repealed July 1, 2024.
1851
[(31)] (32) Section 53F-5-214, Grant for professional learning, is repealed July 1, 2025.
1852
[(32)] (33) Section 53F-5-215, Elementary teacher preparation grant, is repealed July 1,
1853
2025.
1854
[(33)] (34) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is
1855
repealed July 1, 2025.
1856
[(34)] (35) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July
1857
1, 2027.
1858
[(35)] (36) Subsection 53G-4-608(2)(b), regarding the Utah Seismic Safety Commission, is
1859
repealed January 1, 2025.
1860
[(36)] (37) Subsection 53G-4-608(4)(b), regarding the Utah Seismic Safety Commission, is
1861
repealed January 1, 2025.
1862
[(37)] (38) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
1863
Section 30. Section 76-5-417 is enacted to read:
1864
76-5-417 . Sexual relations with an adult high school student.
- 55 - 4th Sub. (Green) H.B. 40 02-18 16:04
1865
(1) As used in this section:
1866
(a) "Actor" means an individual who is 21 years old or older.
1867
(b) "Adult high school student" means an individual who is 18 to 21 years old and
1868
enrolled at a high school.
1869
(c) "High school" means a district, charter, or private school that is comprised of grade
1870
9, 10, 11, or 12.
1871
(d) "Position of special trust" means the following positions in a high school:
1872
(i) a teacher;
1873
(ii) an administrator;
1874
(iii) a coach;
1875
(iv) a counselor; or
1876
(v) an individual other than an individual listed in this Subsections (1)(d) who
1877
occupies a position of authority that enables the individual to exercise undue
1878
influence over an adult high school student.
1879
(e) "Sexual intercourse" means any penetration, however slight, of:
1880
(i) the genitals or anus of an individual by another individual using any body part,
1881
object, or substance; or
1882
(ii) the mouth of an individual by another individual's genitals.
1883
(f) Terms defined in Section 76-1-101.5 apply to this section.
1884
(2) An actor commits sexual relations with an adult high school student if the actor:
1885
(a)(i) has sexual intercourse with an adult high school student; or
1886
(ii) with the intent to cause substantial emotional or bodily pain to any individual or
1887
with the intent to arouse or gratify the sexual desire of any individual:
1888
(A) touches the anus, buttocks, pubic area, or any part of the genitals of an adult
1889
high school student;
1890
(B) touches the breast of a female adult high school student; or
1891
(C) otherwise takes indecent liberties with an adult high school student;
1892
(b) occupies a position of special trust in relation to the adult high school student
1893
described in Subsection (2)(a); and
1894
(c) knows or should have known that the individual with which the actor committed the
1895
acts described in Subsection (2)(a) was an adult high school student.
1896
(3) A violation of Subsection (2) is a third degree felony.
1897
(4) Any touching, even if accomplished through clothing, is sufficient to constitute the
1898
relevant element of a violation of Subsection (2)(a)(ii).
- 56 - 02-18 16:04 4th Sub. (Green) H.B. 40
1899
(5) Consent of an adult high school student to an act described in Subsection (2) is not a
1900
defense to prosecution under this section.
1901
Section 31. Repealer.
1902
This bill repeals:
1903
Section 53F-4-208, State board procurement for school security software.
1904
Section 32. FY 2026 Appropriations.
1905
The following sums of money are appropriated for the fiscal year beginning July 1,
1906
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
1907
fiscal year 2026.
1908
Subsection 32(a). Operating and Capital Budgets
1909
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1910
Legislature appropriates the following sums of money from the funds or accounts indicated for
1911
the use and support of the government of the state of Utah.
1912
ITEM 1 To State Board of Education - Contracted Initiatives and Grants
1913
From Public Education Economic Stabilization
1914
Restricted Account, One-time 100,000,000
1915
Schedule of Programs:
1916
Contracts and Grants 100,000,000
1917
The Legislature intends:
1918
(1) $100,000,000 for the School Safety and
1919
Support Grant Program in this item be used as follows:
1920
(a) $50,000,000is used for:
1921
(i) supporting general grants to local educaiton agencies prioritized
1922
by need as the school security task force described in
1923
Section 53-22-104.1 determines in coordination with the
1924
state security chief and the school safety center; and
1925
(ii) researh expenses supporting the work of the school security
1926
task force as the co-chairs of the task force authorize; and
1927
(b) $50,000,000 for targeted grants to local
1928
education agencies for needs reported in the local
1929
education agencies' school safety needs assessments
1930
described in 53G-8-701.5.
1931
Section 33. Effective Date.
1932
This bill takes effect on May 7, 2025.
- 57 -