03-03 16:48 6th Sub. (Ivory) H.B. 40
Ann Millner proposes the following substitute bill:
1
School Safety Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Ann Millner
2
3
LONG TITLE
4
General Description:
5
This bill modifies school safety provisions.
6
Highlighted Provisions:
7
This bill:
8
▸ defines terms;
9
▸ modifies communication device requirements for new construction to post-completion
10
determination;
11
▸ revises screening and training requirements for school safety personnel;
12
▸ adjusts school safety personnel provisions;
13
▸ changes safety assessment deadlines and frequency;
14
▸ establishes a school safety foundation for certain purposes;
15
▸ creates compliance supports;
16
▸ modifies certain administrative structures within the school safety program; and
17
▸ makes technical changes.
18
Money Appropriated in this Bill:
19
This bill appropriates $25,000,000 in operating and capital budgets for fiscal year 2026, all
20
of which is from the various sources as detailed in this bill.
21
Other Special Clauses:
22
None
23
Utah Code Sections Affected:
24
AMENDS:
25
15A-5-203, as last amended by Laws of Utah 2024, Chapters 21, 381
26
53-22-102, as last amended by Laws of Utah 2024, Chapter 21
27
53-22-103, as last amended by Laws of Utah 2024, Chapter 21
28
53-22-104.1, as enacted by Laws of Utah 2024, Chapter 21
6th Sub. H.B. 40 6th Sub. (Ivory) H.B. 40 03-03 16:48
29
53-22-104.2, as enacted by Laws of Utah 2024, Chapter 21
30
53-22-105, as enacted by Laws of Utah 2024, Chapter 21
31
53-22-106, as enacted by Laws of Utah 2024, Chapter 21
32
53B-28-401, as last amended by Laws of Utah 2024, Chapters 65, 378
33
53B-28-403, as enacted by Laws of Utah 2021, Chapter 332
34
53E-1-201, as last amended by Laws of Utah 2024, Chapters 3, 460 and 525
35
53G-5-202, as last amended by Laws of Utah 2024, Chapter 63
36
53G-5-205, as last amended by Laws of Utah 2024, Chapter 63
37
53G-8-102, as enacted by Laws of Utah 2018, Chapter 3
38
53G-8-701, as last amended by Laws of Utah 2024, Chapter 21
39
53G-8-701.5, as repealed and reenacted by Laws of Utah 2024, Chapter 21
40
53G-8-701.6, as enacted by Laws of Utah 2024, Chapter 21
41
53G-8-701.8, as enacted by Laws of Utah 2024, Chapter 21
42
53G-8-704, as enacted by Laws of Utah 2024, Chapter 21
43
53G-8-802, as last amended by Laws of Utah 2024, Chapter 23
44
53G-8-803, as last amended by Laws of Utah 2024, Chapter 21
45
53G-8-805, as enacted by Laws of Utah 2024, Chapter 21
46
53G-9-207, as last amended by Laws of Utah 2024, Chapter 520
47
53G-9-703, as last amended by Laws of Utah 2024, Chapter 20
48
63I-1-253, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
49
ENACTS:
50
53-22-108, Utah Code Annotated 1953
51
53-22-109, Utah Code Annotated 1953
52
53-25-601, Utah Code Annotated 1953
53
REPEALS:
54
53F-4-208, as enacted by Laws of Utah 2023, Chapter 383
55
56
Be it enacted by the Legislature of the state of Utah:
57
Section 1. Section 15A-5-203 is amended to read:
58
15A-5-203 . Amendments and additions to IFC related to fire safety, building,
59
and site requirements.
60
(1) For IFC, Chapter 5, Fire Service Features:
61
(a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
62
follows: "An authority having jurisdiction over a structure built in accordance with
- 2 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
63
the requirements of the International Residential Code as adopted in the State
64
Construction Code, may require an automatic fire sprinkler system for the structure
65
only by ordinance and only if any of the following conditions exist:
66
(i) the structure:
67
(A) is located in an urban-wildland interface area as provided in the Utah
68
Wildland Urban Interface Code adopted as a construction code under the State
69
Construction Code; and
70
(B) does not meet the requirements described in Utah Code, Subsection 65A-8-203
71
(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
72
County Wildland Fire Ordinance;
73
(ii) the structure is in an area where a public water distribution system with fire
74
hydrants does not exist as required in Utah Administrative Code, R309-550-5,
75
Water Main Design;
76
(iii) the only fire apparatus access road has a grade greater than 10% for more than
77
500 continual feet;
78
(iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
79
exceeds 10,000 square feet; or
80
(v) the total floor area of all floor levels within the exterior walls of the dwelling unit
81
is double the average of the total floor area of all floor levels of unsprinkled
82
homes in the subdivision that are no larger than 10,000 square feet.
83
(vi) Exception: A single family dwelling does not require a fire sprinkler system if
84
the dwelling:
85
(A) is located outside the wildland urban interface;
86
(B) is built in a one-lot subdivision; and
87
(C) has 50 feet of defensible space on all sides that limits the propensity of fire
88
spreading from the dwelling to another property."
89
(b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
90
follows: "Where access to or within a structure or an area is restricted because of
91
secured openings or where immediate access is necessary for life-saving or
92
fire-fighting purposes, the fire code official, after consultation with the building
93
owner, may require a key box to be installed in an approved location. The key box
94
shall contain keys to gain necessary access as required by the fire code official. For
95
each fire jurisdiction that has at least one building with a required key box, the fire
96
jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that
- 3 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
97
creates a process to ensure that each key to each key box is properly accounted for
98
and secure."
99
(c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is
100
added as follows: "Fire flow may be reduced for an isolated one- and two-family
101
dwelling when the authority having jurisdiction over the dwelling determines that the
102
development of a full fire-flow requirement is impractical."
103 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
104
"507.1.2 Pre-existing subdivision lots.
105
The requirements for a pre-existing subdivision lot shall not exceed the requirements
106
described in Section 501.5."
107
(e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One
108
interior and one detached accessory dwelling unit on a single residential lot."
109
(f)(i) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage
110
in new buildings, is amended by adding: "When required by the fire code official,
111
unless the new building is a public school as that term is defined in Section
112
53G-9-205.1 or a private school, [then] if determined by the fire code official to be
113
necessary after construction of the new building is completed, then the fire code
114
official shall require," at the beginning of the first paragraph.
115
(ii) For public and private schools, an initial radio coverage test must be conducted
116
by a qualified professional using appropriate testing equipment, and a report of the
117
results must be submitted to the fire code official. Subsequent routine testing may
118
be conducted by the fire code official using basic equipment. The fire code official
119
may require additional professional testing if routine testing indicates potential
120
issues with radio coverage.
121
(2) For IFC, Chapter 6, Building Services and Systems:
122
(a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
123
follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key
124
box or similar box with corresponding key system that is adjacent to the elevator for
125
immediate use by the fire department. The key box shall contain one key for each
126
elevator, one key for lobby control, and any other keys necessary for emergency
127
service. The elevator key box shall be accessed using a 6049 numbered key."
128
(b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
129
the word "Code", add the words "and NFPA 96".
130
(c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
- 4 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
131
hood is not required for a cooking appliance in a microenterprise home kitchen, as
132
that term is defined in Utah Code, Section 26B-7-401, for which the operator obtains
133
a permit in accordance with Section 26B-7-416."
134
(3) IFC, Chapter 7, Fire and Smoke Protection Features, Section 702.5, is deleted.
135
Section 2. Section 53-22-102 is amended to read:
136
53-22-102 . State security chief -- Creation -- Appointment.
137
(1) There is created within the department a state security chief.
138
(2) The state security chief:
139
(a) is appointed by the commissioner with the approval of the governor;
140
(b) is subject to the supervision and control of the commissioner;
141
(c) may be removed at the will of the commissioner;
142
(d) shall be qualified by experience and education to:
143
(i) enforce the laws of this state relating to school safety;
144
(ii) perform duties prescribed by the commissioner; and
145
(iii) enforce rules made under this chapter.
146
(3) The state security chief shall:
147
(a) establish building and safety standards for all public and private schools, including:
148
(i) coordinating with the State Board of Education to establish the required minimum
149
safety and security standards for all public and private school facilities, including:
150
(A) limited entry points, including, if applicable, secured entry points for specific
151
student grades or groups;
152
(B) video surveillance of entrances when school is in session;
153
(C) [ground level ] exterior windows only surrounding immediate entryways
154
protected by security [film] glazing or ballistic windows;
155
(D) internal classroom door locks;
156
(E) bleed kits and first aid kits;
157
(F) exterior cameras on entrances, parking areas, and campus grounds; and
158
(G) fencing around playgrounds or supervised parameters using existing and
159
adequate staffing to monitor in consultation with the county security chief;
160
(ii) establishing a schedule or timeline for existing buildings to come into compliance
161
with this section;
162
(iii) creating a process to examine plans and specifications for construction or
163
remodeling of a school building, in accordance with Section 53E-3-706;
164
(iv) recommending to the commissioner the denial or revocation a public or private
- 5 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
165
school's occupancy permit for a building if:
166
(A) the building does not meet the standards established in this section; and
167
(B) after consultation with the local governing board, the building remains
168
non-compliant with the standards established in this section;
169
(v) creating minimum standards for radio communication equipment in every school;
170
and
171
(vi) establishing a process to approve the safety and security criteria the state
172
superintendent of public instruction establishes for building inspectors described
173
in Section 53E-3-706;
174
(b) oversee the implementation of the school safety personnel requirements described in
175
Section 53G-8-701.5, including:
176
(i) in consultation with a county security chief, overseeing the school guardian
177
program described in Section 53-22-105, including approving and coordinating
178
the relevant training programs;
179
(ii) establishing an application process for approved alternatives to the school safety
180
personnel requirements described in Section 53G-8-701.5;
181
(iii) selecting training requirements for school safety and security specialists in
182
consultation with the State Board of Education as described in Section
183
53G-8-701.6;
184
(iv) as required by Section 53G-8-701.8, tracking each school safety and security
185
director for a local education agency and ensuring that the contact information for
186
the school safety and security directors is readily available to the local law
187
enforcement agency of relevant jurisdiction; and
188
(v) reviewing and approving the State Board of Education's school resource officer
189
training program as described in Section 53G-8-702;
190
(c) oversee the creation of school safety trainings, protocols, and incident responses,
191
including:
192
(i) in consultation with the State Board of Education, defining what constitutes an
193
"active threat" and "developmentally appropriate" for purposes of the emergency
194
response training described in Section 53G-8-803;
195
(ii) in consultation with the Office of Substance Abuse and Mental Health,
196
establishing or selecting an adolescent mental health and de-escalation training for
197
school safety personnel;
198
(iii) consulting with the School Safety Center to develop the model critical incident
- 6 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
199
response that all schools and law enforcement will use during a threat, including:
200
(A) standardized response protocol terminology for use throughout the state,
201
including what constitutes a threat;
202
(B) protocols for planning and safety drills, including drills required in a school
203
before the school year begins;
204
(C) integration and appropriate use of a panic alert device described in Subsection
205
53G-8-805;
206
(D) the establishment of incident command for a threat or safety incident,
207
including which entity and individual runs the incident command;
208
(E) the required components for a communication plan to be followed during an
209
incident or threat;
210
(F) reunification plan protocols, including the appropriate design and use of an
211
incident command by others responding to or involved in an incident; and
212
(G) recommendations for safety equipment for schools, including amounts and
213
types of first aid supplies;
214
(iv) reviewing and suggesting any changes to the response plans and training under
215
Section 53G-8-803;
216
(v) creating the official standard response protocol described in Section 53G-8-803
217
for use by schools and law enforcement for school safety incidents; and
218
(vi) establishing a manner for any security personnel described in Section
219
53G-8-701.5 to be quickly identified by law enforcement during an incident;
220
(d) in consultation with the School Safety Center established in Section 53G-8-802:
221
(i) create a process to receive and analyze the school safety needs assessments
222
described in Section 53G-8-701.5; and
223
(ii) establish a required data reporting system for public schools to report serious and
224
non-serious threats and other data related to threat assessment that the state
225
security chief determines to be necessary; and
226
(e) fulfill any other duties and responsibilities determined by the commissioner.
227
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
228
department, in consultation with the state security chief, shall make rules to fulfill the
229
duties described in this section.
230
(5) The state security chief may delegate duties under this section to a sworn department
231
member with the approval of the commissioner.
232
Section 3. Section 53-22-103 is amended to read:
- 7 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
233
53-22-103 . County sheriff responsibilities -- Coordination.
234
(1) Each county sheriff shall identify an individual as a county security chief within the
235
sheriff's office to coordinate security responsibilities, protocols, and required trainings
236
between the state security chief, the county sheriff's office, and the corresponding police
237
chiefs whose jurisdiction includes a public school within the county.
238
(2) The county security chief shall:
239
(a) in collaboration with the school safety and security specialist described in Section
240
53G-8-701.6 and a member of the local law enforcement agency of relevant
241
jurisdiction as described in Section 53-25-601:
242
(i) [conduct, or coordinate ] administer or coordinate with a designee from the local
243
law enforcement agency of relevant jurisdiction to [conduct] participate in, by any
244
appropriate means the county security chief determines, the school safety needs
245
assessment described in Section 53G-8-701.5; and
246
(ii) [conduct a building safety evaluation at least annually using ] review the results of
247
the school safety needs assessment to recommend and implement improvements
248
to school facilities, policies, procedures, protocols, rules, and regulations relating
249
to school safety and security;
250
(b) collaborate and maintain effective communications regarding school safety with
251
each:
252
(i) school safety and security specialist in the county security chief's county, as
253
described in Section 53G-8-701.6;
254
(ii) school safety and security director in the county security chief's county, as
255
described in Section 53G-8-701.8; and
256
(iii) local law enforcement agency within the county;
257
(c) administer with the corresponding police chiefs whose jurisdiction includes a public
258
school, the trainings described in Sections 53-22-105 and 53G-8-704, including:
259
(i) assessing if an individual is capable of the duties and responsibilities that the
260
trainings cover; and
261
(ii) denying an individual the ability to be a school safety personnel described in
262
Section 53G-8-701.5 if the county security chief finds the individual is not
263
capable of the duties and responsibilities that the trainings cover; and
264
(d) in conjunction with the state security chief, administer the school guardian program
265
established in Section 53-22-105 at any school participating in the program in the
266
county security chief's county.
- 8 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
267
Section 4. Section 53-22-104.1 is amended to read:
268
53-22-104.1 . School Security Task Force -- Membership -- Duties -- Per diem --
269
Report -- Expiration.
270
(1) There is created a School Security Task Force composed of the following members:
271
(a) the House chair and vice chair of the House Law Enforcement and Criminal Justice
272
Standing Committee during the 2024 General Session, with the House chair serving
273
as the co-chair of the task force;
274
(b) two members from the Senate, whom the president of the Senate selects and one of
275
whom the president of the Senate appoints as co-chair of the task force;
276
(c) the state security chief;
277
(d) one member of the State Board of Education, whom the chair of State Board of
278
Education selects;
279
(e) a member of the School Safety Center or designee, whom the state security chief
280
selects;
281
(f) the director of the Utah Division of Juvenile Justice Youth Services or the director's
282
designee;
283
(g) a member of the Utah School Superintendents Association, whom the chairs select;
284
(h) the Commissioner of Higher Education or the commissioner's designee;
285
(i) a school security expert, whom the state security chief selects;
286
(j) the chief information security officer described in Section 63A-16-210 or the chief's
287
designee;
288
(k) the director of a school safety foundation established under Section 53-22-108 or the
289
director's designee;
290
[(h)] (l) one member of the Chiefs of Police Association from a county of the first or
291
second class;
292
[(i)] (m) one member of the Sheriff's Association from a county of the third, fourth, fifth,
293
or sixth class, whom the president of the association selects;
294
[(j)] (n) one county security chief, whom the state security chief selects;
295
[(k)] (o) a school safety and security director, whom the chairs select;
296
[(l)] (p) a school resource officer, whom the state security chief selects; and
297
[(m)] (q) a member of the SafeUT and School Safety Commission, whom the chairs
298
select.
299
(2) The task force shall:
300
(a) review school safety updates;
- 9 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
301
(b) study possible recommendations for minimum cybersecurity standards for local
302
education agencies;
303
[(b)] (c) consult with the Education Advisory Board created in Section 53-22-104.2; and
304
[(c)] (d) develop legislation recommendations as necessary.
305
(3)(a) A majority of the members of the task force constitutes a quorum.
306
(b) The action of a majority of a quorum constitutes an action of the task force.
307
(4) The Office of Legislative Research and General Counsel shall provide staff for the task
308
force.
309
(5)(a) Salaries and expenses of the members of the task force who are legislators shall be
310
paid in accordance with:
311
(i) Section 36-2-2;
312
(ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
313
Expenses; and
314
(iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
315
(b) A member of the task force who is not a legislator may not receive compensation for
316
the member's work associated with the task force but may receive per diem and
317
reimbursement for travel expenses incurred as a member of the task force at the rates
318
established by the Division of Finance under:
319
(i) Sections 63A-3-106 and 63A-3-107; and
320
(ii) rules made by the Division of Finance in accordance with Sections 63A-3-106
321
and 63A-3-107.
322
Section 5. Section 53-22-104.2 is amended to read:
323
53-22-104.2 . The School Security Task Force -- Public Education Advisory
324
Board.
325
(1) There is created an advisory board to the task force called the Public Education
326
Advisory Board.
327
(2) The advisory board shall consist of the following members:
328
(a) the state security chief, who acts as chair of the advisory board;
329
(b) the construction and facility specialist at the State Board of Education;
330
(c) the director of school safety and student services at the State Board of Education or
331
the director's designee;
332
(d) a school nurse, whom the state security chief selects;
333
(e) a school district technology director, whom the director of school safety and student
334
services selects;
- 10 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
335
[(c)] (f) a superintendent from a county of the fourth, fifth, or sixth class, whom the state
336
security chief selects;
337
[(d)] (g) a superintendent from a county of the first, second, or third class, whom the state
338
security chief selects;
339
[(e)] (h) a charter school director [from ] who is employed in a county of the fourth, fifth,
340
or sixth class, whom the state security chief selects;
341
[(f)] (i) a charter school director from a county of the first, second, or third class, whom
342
the state security chief selects;
343
[(g)] (j) the president of the Utah School Boards Association or the president's designee;
344
[(h)] (k) a parent representative from a school community council or parent teacher
345
organization, whom the state security chief selects;
346
[(i)] (l) a facilities manager from an LEA in a county of the fourth, fifth, or sixth class,
347
whom the state security chief selects;
348
[(j)] (m) a facilities manager from an LEA in county of the first, second, or third class,
349
whom the state security chief selects;
350
[(k)] (n) a representative of private schools, whom the state security chief selects; and
351
[(l)] (o) a member of the Office of Substance Abuse and Mental Health, whom the state
352
security chief selects.
353
(3) The advisory board's purpose is to:
354
(a) review and provide input on official business of the task force;
355
(b) provide recommendations and suggestions for the task force's consideration; and
356
(c) study and evaluate the policies, procedures, and programs implemented for school
357
safety and provide proactive information regarding the implementation.
358
(4)(a) A majority of the members of the advisory board constitutes a quorum.
359
(b) The action of a majority of a quorum constitutes an action of the advisory board.
360
(5)(a) The advisory board shall select two members to serve as co-chairs.
361
(b) The co-chairs are responsible for the call and conduct of meetings.
362
(6) The staff of the state security chief shall provide staff for the advisory board.
363
(7) A member of the advisory board who is not a legislator may not receive compensation
364
for the member's work associated with the task force but may receive per diem and
365
reimbursement for travel expenses incurred as a member of the task force at the rates
366
established by the Division of Finance under:
367
(a) Sections 63A-3-106 and 63A-3-107; and
368
(b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
- 11 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
369
63A-3-107.
370
Section 6. Section 53-22-105 is amended to read:
371
53-22-105 . School guardian program.
372
(1) As used in this section:
373
(a) "Annual training" means an annual four-hour training that:
374
(i) a county security chief or a designee administers in coordination with personnel
375
from local law enforcement of relevant jurisdiction as described in Section
376
53-25-601(2)(b);
377
(ii) the state security chief approves;
378
(iii) can be tailored to local needs;
379
(iv) allows an individual to practice and demonstrate firearms proficiency at a
380
firearms range using the firearm the individual carries for self defense and defense
381
of others;
382
(v) includes the following components:
383
(A) firearm safety, including safe storage of a firearm;
384
(B) de-escalation tactics;
385
(C) the role of mental health in incidents; and
386
(D) disability awareness and interactions; and
387
(vi) contains other training needs as determined by the state security chief.
388
(b) "Biannual training" means a twice-yearly training that:
389
(i) is at least four hours, unless otherwise approved by the state security chief;
390
(ii) a county security chief or a designee administers in coordination with personnel
391
from local law enforcement of relevant jurisdiction as described in Section
392
53-25-601(2)(b);
393
(iii) the state security chief approves;
394
(iv) can be tailored to local needs; and
395
(v) through which a school guardian at a school or simulated school environment:
396
(A) receives training on the specifics of the building or buildings of the school,
397
including the location of emergency supplies and security infrastructure; and
398
(B) participates in a live-action practice plan with school administrators in
399
responding to active threats at the school; and
400
(vi) shall be taken with at least three months in between the two trainings.
401
(c) "Firearm" means the same as that term is defined in Section 76-10-501.
402
(d) "Initial training" means an in-person training that:
- 12 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
403
(i) a county security chief or a designee administers in coordination with personnel
404
from local law enforcement of relevant jurisdiction as described in Section
405
53-25-601(2)(b);
406
(ii) the state security chief approves;
407
(iii) can be tailored to local needs; and
408
(iv) provides:
409
(A) training on general familiarity with the types of firearms that can be concealed
410
for self-defense and defense of others;
411
(B) training on the safe loading, unloading, storage, and carrying of firearms in a
412
school setting;
413
(C) training at a firearms range with instruction regarding firearms fundamentals,
414
marksmanship, the demonstration and explanation of the difference between
415
sight picture, sight alignment, and trigger control, and a recognized pistol
416
course;
417
(D) current laws dealing with the lawful use of a firearm by a private citizen,
418
including laws on self-defense, defense of others, transportation of firearms,
419
and concealment of firearms;
420
(E) coordination with law enforcement officers in the event of an active threat;
421
(F) basic trauma first aid;
422
(G) the appropriate use of force, emphasizing the de-escalation of force and
423
alternatives to using force;
424
(H) situational response evaluations, including:
425
(I) protecting and securing a crime or accident scene;
426
(II) notifying law enforcement;
427
(III) controlling information; and
428
(IV) other training that the county sheriff, designee, or department deems
429
appropriate.
430
(e) "Program" means the school guardian program created in this section.
431
(f)(i) "School employee" means an employee of a school whose duties and
432
responsibilities require the employee to be physically present at a school's campus
433
while school is in session.
434
(ii) "School employee" does not include a principal, teacher, or individual whose
435
primary responsibilities require the employee to be primarily present in a
436
classroom to teach, care for, or interact with students, unless:
- 13 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
437
(A) the principal, teacher, or individual is employed at a school with [100] 350 or
438
fewer students;
439
(B) the principal, teacher, or individual is employed at a school with adjacent
440
campuses as determined by the state security chief; or
441
(C) as provided in Subsection 53G-8-701.5(3).
442
(g) "School guardian" means a school employee who meets the requirements of
443
Subsection (3).
444
(2)(a)(i) There is created within the department the school guardian program[;] .
445
(ii) [the] The state security chief shall oversee the school guardian program[;] .
446
(iii) [the] The applicable county security chief shall administer the school guardian
447
program in each county.
448
(b) The state security chief shall ensure that the school guardian program includes:
449
(i) initial training;
450
(ii) biannual training; and
451
(iii) annual training.
452
(c) A county sheriff may partner or contract with:
453
(i) another county sheriff to support the respective county security chiefs in jointly
454
administering the school guardian program in the relevant counties; and
455
(ii) a local law enforcement agency of relevant jurisdiction to provide the:
456
(A) initial training;
457
(B) biannual training; and
458
(C) annual training.
459
(3)(a) A school employee that volunteers to participate is eligible to join the program as
460
a school guardian if:
461
(i) the school administrator approves the volunteer school employee to be designated
462
as a school guardian;
463
(ii) the school employee satisfactorily completes initial training within six months
464
before the day on which the school employee joins the program;
465
(iii) the school employee holds a valid concealed carry permit issued under [Title 53, ]
466
Chapter 5, Part 7, Concealed Firearm Act;
467
(iv) the school employee certifies to the sheriff of the county where the school is
468
located that the school employee has undergone the training in accordance with
469
Subsection (3)(a)(ii) and intends to serve as a school guardian; and
470
(v) the school employee[ successfully completes a mental health screening selected
- 14 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
471
by the state security chief in collaboration with the Office of Substance Abuse and
472
Mental Health established in Section 26B-5-102.] :
473
(A) completes an initial "fit to carry" assessment the Department of Health and
474
Human Services approves and a provider administers; and
475
(B) maintains compliance with mental health screening requirements consistent
476
with law enforcement standards.
477
(b) After joining the program a school guardian shall complete annual training and
478
biannual training to retain the designation of a school guardian in the program.
479
(4) The state security chief shall:
480
(a) for each school that participates in the program, track each school guardian at the
481
school by collecting the photograph and the name and contact information for each
482
guardian;
483
(b) make the information described in Subsection (4)(a) readily available to each law
484
enforcement agency in the state categorized by school; and
485
(c) provide each school guardian with a one-time stipend of $500.
486
(5) A school guardian:
487
(a) may store the school guardian's firearm on the grounds of a school only if:
488
(i) the firearm is stored in a biometric gun safe;
489
(ii) the biometric gun safe is located in the school guardian's office; and
490
(iii) the school guardian is physically present on the grounds of the school while the
491
firearm is stored in the safe;
492
(b) shall carry the school guardian's firearm in a concealed manner; and
493
(c) may not, unless during an active threat, display or open carry a firearm while on
494
school grounds.
495
(6) Except as provided in Subsection (5)(c), this section does not prohibit an individual who
496
has a valid concealed carry permit but is not participating in the program from carrying a
497
firearm on the grounds of a public school or charter school under Subsection 76-10-505.5
498
(4).
499
(7) A school guardian:
500
(a) does not have authority to act in a law enforcement capacity; and
501
(b) may, at the school where the school guardian is employed:
502
(i) take actions necessary to prevent or abate an active threat; and
503
(ii) temporarily detain an individual when the school guardian has reasonable cause
504
to believe the individual has committed or is about to commit a forcible felony, as
- 15 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
505
that term is defined in Section 76-2-402.
506
(8) A school may designate a single volunteer or multiple volunteers to participate in the
507
school guardian program to satisfy the school safety personnel requirements of Section
508
53G-8-701.5.
509
(9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative
510
Rulemaking Act, rules to administer this section.
511
(10) A school guardian who has active status in the guardian program is not liable for any
512
civil damages or penalties if the school guardian:
513
(a) when carrying or storing a firearm:
514
(i) is acting in good faith; and
515
(ii) is not grossly negligent; or
516 (b) threatens, draws, or otherwise uses a firearm reasonably believing the action to be
517
necessary in compliance with Section 76-2-402.
518
(11) A school guardian shall file a report described in Subsection (12) if, during the
519
performance of the school guardian's duties, the school guardian points a firearm at an
520
individual.
521
(12)(a) A report described in Subsection (11) shall include:
522
(i) a description of the incident;
523
(ii) the identification of the individuals involved in the incident; and
524
(iii) any other information required by the state security chief.
525
(b) A school guardian shall submit a report required under Subsection (11) to the school
526
administrator, school safety and security director, and the state security chief within
527
48 hours after the incident.
528
(c) The school administrator, school safety and security director, and the state security
529
chief shall consult and review the report submitted under Subsection (12)(b).
530
(13) The requirements of Subsections (11) and (12) do not apply to a training exercise.
531
(14) A school guardian may have the designation of school guardian revoked at any time by
532
the school principal, county sheriff, or state security chief.
533
(15)(a) Any information or record created detailing a school guardian's participation in
534
the program is:
535
(i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
536
Records Access and Management Act; and
537
(ii) available only to:
538
(A) the state security chief;
- 16 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
539
(B) administrators at the school guardian's school;
540
(C) if applicable, other school safety personnel described in Section 53G-8-701.5;
541
(D) a local law enforcement agency that would respond to the school in case of an
542
emergency; and
543
(E) the individual designated by the county sheriff in accordance with Section
544
53-22-103 of the county of the school where the school guardian in the
545
program is located.
546
(b) The information or record described in Subsection (15)(a) includes information
547
related to the school guardian's identity and activity within the program as described
548
in this section and any personal identifying information of a school guardian
549
participating in the program collected or obtained during initial training, annual
550
training, and biannual training.
551
(c) An individual who intentionally or knowingly provides the information described in
552
Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is
553
guilty of a class B misdemeanor.
554
Section 7. Section 53-22-106 is amended to read:
555
53-22-106 . Substantial threats against a school reporting requirements --
556
Exceptions.
557
(1) As used in this section, "substantial threat" means a threat made with serious intent to
558
cause harm.
559
(2) Except as provided in Subsection (3), if a state employee or person in a position of
560
special trust as defined in Section 76-5-404.1, including an individual licensed under
561
Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical
562
Practice Act, has reason to believe a substantial threat against a school, school
563
employee, or student attending a school or is aware of circumstances that would
564
reasonably result in a substantial threat against a school, school employee, or student
565
attending a school, the state employee or person in a position of special trust shall
566
immediately report the suspected substantial threat to:
567
[(a) the state security chief;]
568
[(b)] (a) the local education agency that the substantial threat would impact; [or]
569
[(c)] (b) [to ]the nearest peace officer or law enforcement agency[.] ; and
570
(c) the state security chief.
571
(3)(a)(i) If the state security chief, a peace officer, or law enforcement agency
572
receives a report under Subsection (2), the state security chief, peace officer, or
- 17 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
573
law enforcement agency shall immediately notify the local education agency that
574
the substantial threat would impact.
575
(ii) If the local education agency that the substantial threat would impact receives a
576
report under Subsection (2), the local education agency that the substantial threat
577
would impact shall immediately notify the appropriate local law enforcement
578
agency and the state security chief.
579
(b)(i) A local education agency that the substantial threat would impact shall
580
coordinate with the law enforcement agency on the law enforcement agency's
581
investigation of the report described in Subsection (1).
582
(ii) If a law enforcement agency undertakes an investigation of a report under
583
Subsection (2), the law enforcement agency shall provide a final investigatory
584
report to the local education agency that the substantial threat would impact upon
585
request.
586
(4) Subject to Subsection (5), the reporting requirement described in Subsection (2) does
587
not apply to:
588
(a) a member of the clergy with regard to any confession an individual makes to the
589
member of the clergy while functioning in the ministerial capacity of the member of
590
the clergy if:
591
(i) the individual made the confession directly to the member of the clergy;
592
(ii) the member of the clergy is, under canon law or church doctrine or practice,
593
bound to maintain the confidentiality of the confession; and
594
(iii) the member of the clergy does not have the consent of the individual making the
595
confession to disclose the content of the confession; or
596
(b) an attorney, or an individual whom the attorney employs, if:
597
(i) the knowledge or belief of the substantial threat arises from the representation of a
598
client; and
599
(ii) if disclosure of the substantial threat would not reveal the substantial threat to
600
prevent reasonably certain death or substantial bodily harm in accordance with
601
Utah Rules of Professional Conduct, Rule 1.6.
602
(5)(a) When a member of the clergy receives information about the substantial threat
603
from any source other than a confession, the member of the clergy shall report the
604
information even if the member of the clergy also received information about the
605
substantial threat from the confession of the perpetrator.
606
(b) Exemption of the reporting requirement for an individual described in Subsection (4)
- 18 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
607
does not exempt the individual from any other actions required by law to prevent
608
further substantial threats or actual harm related to the substantial threat.
609
(6) The physician-patient privilege does not:
610
(a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
611
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from
612
reporting under this section; or
613
(b) constitute grounds for excluding evidence in a judicial or administrative proceeding
614
resulting from a report under this section.
615
Section 8. Section 53-22-108 is enacted to read:
616
53-22-108 . School safety foundation.
617
(1) As used in this section:
618
(a) "Authorized foundation" means a nonprofit foundation that:
619
(i) meets the requirements of this section; and
620
(ii) the state security chief authorizes in consultation with the School Safety Center
621
created in Section 53G-8-802.
622
(b) "School safety product" means equipment, technology, service, or material that
623
enhances school safety and security.
624
(2) The state security chief may approve a nonprofit foundation to be an authorized
625
foundation if the foundation:
626
(a) maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);
627
(b) has operated continuously in the state for three or more years;
628
(c) maintains a primary mission focused on school safety;
629
(d) operates under a board of directors that includes:
630
(i) a law enforcement representative;
631
(ii) an educator or school administrator; and
632
(iii) an emergency management professional;
633
(e) demonstrates financial stability through:
634
(i) an annual independent audit;
635
(ii) maintained reserves; and
636
(iii) a clean financial record; and
637
(f) provides evidence of:
638
(i) successful project management;
639
(ii) an existing relationship with an educational institution; and
640
(iii) knowledge of school safety requirements described in federal and state law.
- 19 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
641
(3) A foundation seeking authorization shall submit to the state security chief:
642
(a) a written application that demonstrates compliance with Subsection (2);
643
(b) a financial record for the previous three years;
644
(c) a current board member qualification;
645
(d) a proposed school safety initiative; and
646
(e) an internal procurement policy for purchases not made from a state cooperative
647
contract.
648
(4) The state security chief shall:
649
(a) review an application within 60 days;
650
(b) request additional information if needed;
651
(c) issue a written decision; and
652
(d) maintain a public record of an authorized foundation, including records related to the
653
approval process of an authorized foundation.
654
(5) An authorized foundation may:
655
(a) use a state cooperative contract in accordance with Section 63G-6a-2105;
656
(b) make a bulk purchase of a school safety product; and
657
(c) in coordination with the state security chief and the School Safety Center:
658
(i) facilitate a donation of a school safety product; and
659
(ii) distribute a product to a school.
660
(6) An authorized foundation shall:
661
(a) follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state
662
cooperative contract;
663
(b) maintain separate accounting for a school safety purchase;
664
(c) by August 1 of each year, submit an annual report to the state security chief that
665
includes:
666
(i) any product procured through a state cooperative contract;
667
(ii) the annual independent audit required in Subsection (2)(e);
668
(iii) all schools served;
669
(iv) the total value of a donation facilitated; and
670
(v) a compliance certification; and
671
(d) renew authorization every three years.
672
(7) The state security chief:
673
(a) may revoke authorization if the authorized foundation:
674
(i) fails to maintain a requirement of this section;
- 20 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
675
(ii) engages in financial mismanagement; or
676
(iii) submits false information in a report required by this section; and
677
(b) shall, before revoking authorization:
678
(i) provide written notice to the foundation;
679
(ii) allow a 30-day period to remedy the violation;
680
(iii) provide an opportunity for a hearing; and
681
(iv) issue a final written decision.
682
(8) Authorization under this section does not:
683
(a) create state liability;
684
(b) imply state endorsement;
685
(c) override a local procurement requirement; and
686
(d) exempt the foundation from an applicable law.
687
Section 9. Section 53-22-109 is enacted to read:
688
53-22-109 . School safety -- Compliance.
689
(1) As used in this section:
690
(a) "Compliance issue" means a violation of a school safety requirement under:
691
(i) this chapter; or
692
(ii) rules established in accordance with this chapter.
693
(b) "Tiered system of support" means an escalating system of:
694
(i) technical assistance;
695
(ii) intervention; and
696
(iii) corrective action.
697
(2) The state security chief shall, in collaboration with the School Safety Center:
698
(a) establish a tiered system of support for a compliance issue;
699
(b) develop implementation procedures for the system; and
700
(c) define criteria for:
701
(i) evaluating a compliance issue;
702
(ii) assigning an appropriate tier; and
703
(iii) monitoring progress.
704
(3) In establishing the system under Subsection (2), the state security chief and School
705
Safety Center shall consider:
706
(a) severity of the compliance issue;
707
(b) risk to student and staff safety;
708
(c) available technical assistance resources;
- 21 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
709
(d) local education agency capacity; and
710
(e) required corrective action timelines.
711
Section 10. Section 53-25-601 is enacted to read:
712
Part 6. Requirements for School Safety
713
53-25-601 . Requirements for school safety.
714
(1) As used in this section:
715
(a) "Local law enforcement agency" means the law enforcement agency with primary
716
jurisdiction over a school's physical location.
717
(b) "School safety needs assessment" means the assessment required under Section
718
53G-8-701.5.
719
(c) "Security camera system" means the system described in Section 53G-8-805.
720
(2) Each local law enforcement agency shall:
721
(a) as coordinated with the county security chief described in Section 53-22-103,
722
allocate adequate personnel to participate in the school safety needs assessments with
723
a school's school safety and security specialist as required by Section 53G-8-701.5
724
for each school within the local law enforcement's jurisdiction;
725
(b) if a school within the local law enforcement agency's jurisdiction elects to satisfy the
726
requirements described in Subsection 53G-8-701.5(2)(a)(ii) by employing school
727
guardians, assign adequate personnel time as the county security chief determines to
728
assist the county security chief in administering the trainings required under Section
729
53-22-105;
730
(c) ensure the school safety and security specialist for each school has all relevant
731
information collected by the county security chief or the local law enforcement
732
agency to submit the completed assessments to the School Safety Center created in
733
Section 53G-8-802 by October 15 of each year;
734
(d) coordinate with each school within the local law enforcement's jurisdiction to obtain
735
and maintain access to school security camera systems as described in Section
736
53G-8-805; and
737
(e) coordinate with the relevant county security chiefs as specified in Sections 53-22-103
738
and 53-22-105.
739
Section 11. Section 53B-28-401 is amended to read:
740
53B-28-401 . Campus safety plans and training -- Institution duties -- Governing
741
board duties.
742
(1) As used in this section:
- 22 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
743
(a) "Covered offense" means:
744
(i) sexual assault;
745
(ii) domestic violence;
746
(iii) dating violence; or
747
(iv) stalking.
748
(b) "Institution" means an institution of higher education described in Section 53B-1-102.
749
(c) "Student organization" means a club, group, sports team, fraternity or sorority, or
750
other organization:
751
(i) of which the majority of members is composed of students enrolled in an
752
institution; and
753
(ii)(A) that is officially recognized by the institution; or
754
(B) seeks to be officially recognized by the institution.
755
(2) An institution shall develop a campus safety plan that addresses:
756
(a) where an individual can locate the institution's policies and publications related to a
757
covered offense;
758
(b) institution and community resources for a victim of a covered offense;
759
(c) the rights of a victim of a covered offense, including the measures the institution
760
takes to ensure, unless otherwise provided by law, victim confidentiality throughout
761
all steps in the reporting and response to a covered offense;
762
(d) how the institution informs the campus community of a crime that presents a threat
763
to the campus community;
764
(e) availability, locations, and methods for requesting assistance of security personnel on
765
the institution's campus;
766
(f) guidance on how a student may contact law enforcement for incidents that occur off
767
campus;
768
(g) institution efforts related to increasing campus safety, including efforts related to the
769
institution's increased response in providing services to victims of a covered offense,
770
that:
771
(i) the institution made in the preceding 18 months; and
772
(ii) the institution expects to make in the upcoming 24 months;
773
(h) coordination and communication between institution resources and organizations,
774
including campus law enforcement;
775
(i) institution coordination with local law enforcement or community resources,
776
including coordination related to a student's safety at an off-campus location; and
- 23 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
777
(j) how the institution requires a student organization to provide the campus safety
778
training as described in Subsection (5).
779
(3) An institution shall:
780
(a) prominently post the institution's campus safety plan on the institution's website and
781
each of the institution's campuses; and
782
(b) annually update the institution's campus safety plan.
783
(4) An institution shall develop a campus safety training curriculum that addresses:
784
(a) awareness and prevention of covered offenses, including information on institution
785
and community resources for a victim of a covered offense;
786
(b) bystander intervention; and
787
(c) sexual consent.
788
(5) An institution shall require a student organization, in order for the student organization
789
to receive or maintain official recognition by the institution, to annually provide campus
790
safety training, using the curriculum described in Subsection (4), to the student
791
organization's members.
792
[(6) An institution shall report annually to the Education Interim Committee and the Law
793
Enforcement and Criminal Justice Interim Committee, at or before the committees'
794
November meetings, on crime statistics aggregated by housing facility as described in
795
Subsection 53B-28-403(2).]
796
Section 12. Section 53B-28-403 is amended to read:
797
53B-28-403 . Student housing crime reporting.
798
(1) As used in this section:
799
(a) "Campus law enforcement" means an institution's police department.
800
(b) "Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec.
801
668.46(c)(1) that are reported to a local police agency or campus law enforcement,
802
listed by type of crime.
803
(c) "Institution" means an institution of higher education described in Section 53B-2-101.
804
(d)(i) "Institution noncampus housing facility" means a building or property that:
805
(A) is used for housing students;
806
(B) is not part of the institution's campus; and
807
(C) the institution owns, manages, controls, or leases;
808
(ii) "Institution noncampus housing facility" includes real property that is adjacent to,
809
and is used in direct support of, the building or property described in Subsection
810
(1)(d)(i).
- 24 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
811
(e) "Local law enforcement agency" means a state or local law enforcement agency
812
other than campus law enforcement.
813
(f)(i) "On-campus housing facility" means a building or property that is:
814
(A) used for housing students; and
815
(B) part of the institution's campus.
816
(ii) "On-campus housing facility" includes real property that is:
817
(A) adjacent to the on-campus housing facility; and
818
(B) used in direct support of the on-campus housing facility.
819
(g) "Student housing" means:
820
(i) an institution noncampus housing facility;
821
(ii) an on-campus housing facility; or
822
(iii) a student organization noncampus housing facility.
823
(h) "Student organization" means the same as that term is defined in Section 53B-28-401.
824
(i) "Student organization noncampus housing facility" means a building or property that:
825
(i) is used for housing students;
826
(ii) is not part of the institution's campus; and
827
(iii)(A) a student organization owns, manages, controls, or leases; or
828
(B) is real property that is adjacent to the student organization noncampus housing
829
facility and is used in direct support of the noncampus housing facility.
830
(2) An institution with the types of housing facilities described in this Subsection (2) shall:
831
(a) create a report of crime statistics aggregated by:
832
(i) on-campus housing facility, identified and listed individually using the institution's
833
system for inventorying institution facilities;
834
(ii) institution noncampus housing facility, identified and listed individually using the
835
institution's system for inventorying institution facilities; and
836
(iii) student organization noncampus housing facilities, identified and listed
837
individually using the institution's system for identifying student organization
838
noncampus housing facilities; and
839
(b) [include the report described in Subsection (2)(a) in the report described in
840
Subsection 53B-28-401(6).] report annually to the Education Interim Committee and
841
the Law Enforcement and Criminal Justice Interim Committee, at or before the
842
committee's November meetings, on crime statistics aggregated by housing facility
843
as described in Subsection(2)(a).
844
(3) An institution that does not have the types of housing described in Subsection (2) shall
- 25 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
845
report the crime statistics as required by 20 U.S.C. Section 1092(f), the Jeanne Clery
846
Disclosure of Campus Security Policy and Campus Crime Statistics Act, to the entities
847
specified in Subsection (2).
848
(4) Upon request from an institution, a local law enforcement agency shall provide to the
849
institution crime statistics for each student housing facility over which the local law
850
enforcement agency has jurisdiction.
851
[(4)] (5) Except as provided in Section 53B-28-303, when campus law enforcement receives
852
a complaint or report of a crime that campus law enforcement reasonably determines
853
occurred outside of campus law enforcement's jurisdiction, campus law enforcement
854
shall share any record of the complaint or report with the local law enforcement agency
855
with jurisdiction.
856
Section 13. Section 53E-1-201 is amended to read:
857
53E-1-201 . Reports to and action required of the Education Interim Committee.
858
(1) In accordance with applicable provisions and Section 68-3-14, the following recurring
859
reports are due to the Education Interim Committee:
860
(a) the report described in Section 9-22-109 by the STEM Action Center Board,
861
including the information described in Section 9-22-113 on the status of the computer
862
science initiative and Section 9-22-114 on the Computing Partnerships Grants
863
Program;
864
(b) the prioritized list of data research described in Section 53B-33-302 and the report on
865
research and activities described in Section 53B-33-304 by the Utah Data Research
866
Center;
867
(c) the report described in Section 53B-1-402 by the Utah Board of Higher Education on
868
career and technical education issues and addressing workforce needs;
869
(d) the annual report of the Utah Board of Higher Education described in Section
870
53B-1-402;
871
(e) the reports described in Section [53B-28-401] 53B-28-403 by the Utah Board of
872
Higher Education regarding activities related to campus safety;
873
(f) the State Superintendent's Annual Report by the state board described in Section
874
53E-1-203;
875
(g) the annual report described in Section 53E-2-202 by the state board on the strategic
876
plan to improve student outcomes;
877
(h) the report described in Section 53E-8-204 by the state board on the Utah Schools for
878
the Deaf and the Blind;
- 26 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
879
(i) the report described in Section 53E-10-703 by the Utah Leading through Effective,
880
Actionable, and Dynamic Education director on research and other activities;
881
(j) the report described in Section 53F-2-522 regarding mental health screening
882
programs;
883
(k) the report described in Section 53F-4-203 by the state board and the independent
884
evaluator on an evaluation of early interactive reading software;
885
(l) the report described in Section 63N-20-107 by the Governor's Office of Economic
886
Opportunity on UPSTART;
887
(m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
888
related to grants for professional learning and grants for an elementary teacher
889
preparation assessment;
890
(n) upon request, the report described in Section 53F-5-219 by the state board on the
891
Local Innovations Civics Education Pilot Program;
892
(o) the report described in Section 53F-5-405 by the state board regarding an evaluation
893
of a partnership that receives a grant to improve educational outcomes for students
894
who are low income;
895
(p) the report described in Section 53B-35-202 regarding the Higher Education and
896
Corrections Council;
897
(q) the report described in Section 53G-7-221 by the state board regarding innovation
898
plans;
899
(r) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
900
Program.
901
(2) In accordance with applicable provisions and Section 68-3-14, the following occasional
902
reports are due to the Education Interim Committee:
903
(a) in 2027, 2030, 2033, and 2035, the reports described in Sections 53B-1-116,
904
53B-1-117, and 53B-1-118;
905
(b) if required, the report described in Section 53E-4-309 by the state board explaining
906
the reasons for changing the grade level specification for the administration of
907
specific assessments;
908
(c) if required, the report described in Section 53E-5-210 by the state board of an
909
adjustment to the minimum level that demonstrates proficiency for each statewide
910
assessment;
911
(d) the report described in Section 53E-10-702 by Utah Leading through Effective,
912
Actionable, and Dynamic Education;
- 27 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
913
(e) if required, the report described in Section 53F-2-513 by the state board evaluating
914
the effects of salary bonuses on the recruitment and retention of effective teachers in
915
high poverty schools;
916
(f) upon request, a report described in Section 53G-7-222 by an LEA regarding
917
expenditure of a percentage of state restricted funds to support an innovative
918
education program;
919
(g) the reports described in Section 53G-11-304 by the state board regarding proposed
920
rules and results related to educator exit surveys; and
921
(h) the report described in Section 26B-5-113 by the Office of Substance Use and
922
Mental Health, the state board, and the Department of Health and Human Services
923
regarding recommendations related to Medicaid reimbursement for school-based
924
health services.
925
Section 14. Section 53G-5-202 is amended to read:
926
53G-5-202 . Status and powers of State Charter School Board.
927
(1) The State Charter School Board may:
928
(a) enter into contracts;
929
(b) sue and be sued; and
930
(c)(i) at the discretion of the charter school, provide administrative services to, or
931
perform other school functions for, charter schools authorized by the State Charter
932
School Board; and
933
(ii) charge fees for the provision of services or functions.
934
(2) The state board shall:
935
(a) approve the State Charter School Board's annual budget; and
936
(b) otherwise grant autonomy to the State Charter School Board to manage the State
937
Charter School Board's budget.
938
(3) The State Charter School Board shall assign an existing employee to be the charter
939
liaison described in Section 53G-8-802.
940
(4) The charter school liaison described in Section 53G-8-802 shall coordinate with a safety
941
liaison from each authorizer to provide required trainings, information, and other
942
relevant school safety needs as the School Safety Center determines.
943
Section 15. Section 53G-5-205 is amended to read:
944
53G-5-205 . Charter school authorizers -- Power and duties -- Charter
945
application minimum standard.
946
(1) The following entities are eligible to authorize charter schools:
- 28 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
947
(a) the State Charter School Board;
948
(b) a local school board; or
949
(c) an institution of higher education board of trustees, as that term is defined in Section
950
53G-5-102.
951
(2) A charter school authorizer shall:
952
(a) authorize and promote the establishment of charter schools;
953
(b) before an application for charter school authorization is submitted to a charter school
954
authorizer, review and evaluate the proposal to support and strengthen the charter
955
school authorization proposal;
956
(c) review and evaluate the performance of charter schools authorized by the authorizer
957
and hold a charter school accountable for the performance measures established in
958
the charter school's charter agreement;
959
(d) assist charter schools in understanding and carrying out the charter school's charter
960
obligations; [and]
961
(e) provide technical support to charter schools and persons seeking to establish charter
962
schools by:
963
(i) identifying and promoting successful charter school models;
964
(ii) facilitating the application and approval process for charter school authorization;
965
or
966
(iii) directing charter schools and persons seeking to establish charter schools to
967
sources of funding and support[.] ; and
968
(f) designate an existing employee to coordinate with the charter school liaison
969
described in Section 53G-5-202.
970
(3) A charter school authorizer may:
971
(a) make recommendations to the Legislature on legislation pertaining to charter schools;
972
(b) make recommendations to the state board on charter school rules and charter school
973
funding; or
974
(c) provide technical support, as requested, to another charter school authorizer relating
975
to charter schools.
976
(4) Within 60 days after the day on which an authorizer approves an application for a new
977
charter school, the state board may direct an authorizer to do the following if the
978
authorizer or charter school applicant failed to follow statutory or state board rule
979
requirements made in accordance with Title 63G, Chapter 3, Utah Administrative
980
Rulemaking Act:
- 29 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
981
(a) reconsider the authorizer's approval of an application for a new charter school; and
982
(b) correct deficiencies in the charter school application or authorizer's application
983
process as described in statute or state board rule, made in accordance with Title
984
63G, Chapter 3, Utah Administrative Rulemaking Act, before approving the new
985
application.
986
(5) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
987
Rulemaking Act, make rules establishing minimum standards that a charter school
988
authorizer is required to apply whenevaluating a charter school application.
989
(6) The minimum standards described in Subsection (5) shall include:
990
(a) reasonable consequences for an authorizer that fails to comply with statute or state
991
board rule;
992
(b) a process for an authorizer to review:
993
(i) the skill and expertise of a proposed charter school's governing board; and
994
(ii) the functioning operation of the charter school governing board of an authorized
995
charter school;
996
(c) a process for an authorizer to review the financial viability of a proposed charter
997
school and of an authorized charter school;
998
(d) a process to evaluate:
999
(i) how well an authorizer's authorized charter school complies with the charter
1000
school's charter agreement;
1001
(ii) whether an authorizer's authorized charter school maintains reasonable academic
1002
and education standards; and
1003
(iii) standards that an authorizer is required to meet to demonstrate the authorizer's
1004
capacity to oversee and evaluate the charter schools the authorizer authorizes.
1005
Section 16. Section 53G-8-102 is amended to read:
1006
53G-8-102 . Definitions.
1007
[Reserved] As used in this chapter:
1008
(1) "Climate" means the perceptions and experiences of students, staff, parents, and the
1009
community regarding the school's environment and the resources that support the
1010
experiences.
1011
(2) "Culture" means the beliefs, values, and practices that shape how a school functions and
1012
influences student learning and well-being through policies, procedures, and safety
1013
protocols.
1014
(3) "K-12 School Campus" means an LEA governed property or building where K-12
- 30 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1015
students gather daily for instructional purposes and has an assigned administrator.
1016
(4) "Physical Space" means the way in which a building is designed and structured to
1017
promote safety including the minimum safety and security standards as described in
1018
Section 53-22-102.
1019
(5) "School safety means" the physical space, culture, and climate of a school.
1020
Section 17. Section 53G-8-701 is amended to read:
1021
53G-8-701 . Definitions.
1022
As used in this part:
1023
(1) "Armed school security guard" means the same as that term is defined in Section [
1024
53G-8-804] 53G-8-704.
1025
(2) "County security chief" means the same as that term is defined in Section 53-22-101.
1026
(3) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.
1027
(4) "Public school" means the same as that term is defined in Section 53G-9-205.1.
1028
(5) "School guardian" means the same as that term is defined in Section 53-22-106.
1029
(6) "School is in session" means the same as that term is defined in Section 53E-3-516.
1030
(7) "School resource officer" means a law enforcement officer, as defined in Section
1031
53-13-103, who contracts with or whose law enforcement agency contracts with an LEA
1032
to provide law enforcement services for the LEA.
1033
(8) "School safety and security director" means an individual whom an LEA designates in
1034
accordance with Section 53G-8-701.8.
1035
(9) "School safety and security specialist" means a school employee designated under
1036
Section 53G-8-701.6 who is responsible for supporting school safety initiatives.
1037
(10) "School [safety center"] Safety Center" means the same as that term is defined in
1038
Section 53G-8-801.
1039
(11) "State security chief" means the same as that term is defined in Section 53-22-101.
1040
Section 18. Section 53G-8-701.5 is amended to read:
1041
53G-8-701.5 . School safety needs assessment -- School safety personnel --
1042
Alternative requirements.
1043
(1)(a) In accordance with Subsections (1)(c) through (e), [No] no later than [December
1044
31, 2024] October 15 of an applicable year, an LEA shall:
1045
(i) ensure a school safety needs assessment the state security chief selects in
1046
collaboration with the school safety center is conducted in accordance with
1047
Subsection (1)(b) for each school or K-12 campus within the LEA to determine
1048
the needs and deficiencies regarding:
- 31 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1049
(A) appropriate school safety personnel, including necessary supports, training,
1050
and policy creation for the personnel;
1051
(B) physical building security and safety, including required upgrades to facilities
1052
and safety technology[; and] ;
1053
(C) a school's current threat and emergency response protocols, including any
1054
emergency response agreements with local law enforcement;
1055
(D) cardiac emergency preparedness, including an inventory of whether
1056
automated external defibrillators are present and accessible, maintenance
1057
status, and current staff training offerings; and
1058
(E) compliance with universal access key box requirements under Section
1059
53G-8-805; and
1060
(ii) report the results of the school safety needs assessment for each school within the
1061
LEA to the state security chief and the School Safety Center.
1062
(b)(i) The school safety specialist described in Section 53G-8-701.6, in collaboration
1063
with the county security chief[ or designee described in Section 53-22-103] , and
1064
with the local law enforcement of relevant jurisdiction over the school as
1065
described in Section 53-25-601, shall conduct the school safety needs assessment
1066
for each school.
1067
(ii) A school safety and security director may fulfill the role of a school safety and
1068
security specialist in conducting the school safety needs assessment.
1069
[(c) In collaboration with the School Safety Center described in Section 53G-8-802, the
1070
state security chief described in Section 53-22-102 shall create a school safety needs
1071
assessment that an LEA shall use to ensure compliance with this Subsection (1).]
1072
(c) The school safety needs assessment required under Subsection (1)(a)(i) shall be
1073
conducted at least once every three years for each school or K-12 campus.
1074
(d) An LEA may implement a rotating or staggered schedule for conducting school
1075
safety needs assessments among the buildings within the LEA, provided that:
1076
(i) each school within a K-12 campus is assessed at least once every three years; and
1077
(ii) the LEA documents the rotating or staggered assessment schedule and shares this
1078
schedule with the state security chief, the School Safety Center, the county
1079
security chief, and the local law enforcement of relevant jurisdiction as described
1080
in Section 53-25-601.
1081
(e) The LEA shall update the assessment schedule as necessary to ensure compliance
1082
with the three-year assessment requirement under Subsection (1)(c).
- 32 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1083
[(d)] (f) The state board shall use the results of the school safety needs assessment for
1084
each school within an LEA to award a grant to an LEA in accordance with Section
1085
53F-5-220.
1086
[(e)] (g) Any information or record detailing a school's needs assessment results is:
1087
(i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
1088
Records Access and Management Act; and
1089
(ii) available only to:
1090
(A) the state security chief;
1091
(B) the School Safety Center;
1092
(C) members of an LEA governing board;
1093
(D) administrators of the LEA and school the needs assessment concerns;
1094
(E) only to the extent necessary to award a grant under Section 53F-5-220, the
1095
state board;
1096
(F) the applicable school safety personnel described in Subsection (2);
1097
(G) a local law enforcement agency that would respond to the school in case of an
1098
emergency; and
1099
(H) the county security chief.
1100
[(f)] (h) An individual who intentionally or knowingly provides the information
1101
described in Subsection [(1)(e)] (1)(g) to an individual or entity not listed in
1102
Subsection [(1)(e)(ii)] (1)(g)(ii) is guilty of a class B misdemeanor.
1103
(2)(a) An LEA shall ensure each school within the LEA has the following school safety
1104
personnel:
1105
(i) a school safety and security specialist described in Section 53G-8-701.6; and
1106
(ii) based on the results of the needs assessment described in Subsection (1), at least
1107
one of the following:
1108
(A) a school resource officer;
1109
(B) a school guardian; or
1110
(C) an armed school security guard.
1111
(b) In addition to the school safety personnel described in Subsection (2)(a), an LEA
1112
shall designate a school safety and security director described in Section 53G-8-701.8.
1113
(c) [If a school has more than 350 students enrolled at the school, the] The same
1114
individual may [not ]serve in more than one of the roles listed in Subsections (2)(a)
1115
and (b) if the school notifies the School Safety Center and the state security chief of
1116
the decision to have the same individual serve in multiple roles as described in this
- 33 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1117
Subsection (2).
1118
(d) An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA
1119
has completed the school safety needs assessment described in Subsection (1).
1120
(e) The state security chief in consultation with the School Safety Center shall establish
1121
a timeline for an LEA to comply with the school safety personnel requirements of
1122
this Subsection (2).
1123
(3)(a) An LEA, school administrator, or private school may apply to the state security
1124
chief for an approved alternative to the requirements described in:
1125
(i) Section 53-22-105;
1126
(ii) this section;
1127
(iii) Section 53G-8-701.6;
1128
(iv) Section 53G-8-701.8; and
1129
(v) Section 53G-8-704.
1130
(b) In approving or denying an application described in Subsection (3)(a), the state
1131
security chief may consider factors that impact a school or LEA's ability to adhere to
1132
the requirements of this section, including the school or LEA's:
1133
(i) population size;
1134
(ii) staffing needs or capacity;
1135
(iii) geographic location;
1136
(iv) available funding; or
1137
(v) general demonstration of need for an alternative to the requirements of this
1138
section.
1139
(4) A private school shall identify an individual at the private school to serve as the safety
1140
liaison with the local law enforcement of relevant jurisdiction and the state security chief.
1141
Section 19. Section 53G-8-701.6 is amended to read:
1142
53G-8-701.6 . School safety and security specialist.
1143
(1) As used in this section, "principal" means the chief administrator at a public school,
1144
including:
1145
(a) a school principal;
1146
(b) a charter school director; or
1147
(c) the superintendent of the Utah Schools for the Deaf and the Blind.
1148
(2)(a) Subject to Subsection (2)(b) and except as provided in Subsection 53G-8-701.5
1149
(3), every campus within an LEA shall designate a school safety and security
1150
specialist from the employees of the relevant campus.
- 34 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1151
(b) The school safety and security specialist:
1152
(i) may not be a principal; and
1153
(ii) may be the school safety and security director at one campus within the LEA.
1154
(3) The school safety and security specialist shall:
1155
(a) report directly to the principal;
1156
(b) oversee school safety and security practices to ensure a safe and secure school
1157
environment for students and staff;
1158
(c) ensure adherence with all policies, procedures, protocols, rules, and regulations
1159
relating to school safety and security through collaborating and maintaining effective
1160
communications with the following as applicable:
1161
(i) the principal;
1162
(ii) school staff;
1163
(iii) the school resource officer;
1164
(iv) the armed school security guard;
1165
(v) the school guardian;
1166
(vi) local law enforcement;
1167
(vii) the county security chief;
1168
(viii) the school safety and security director;
1169
(ix) the LEA; and
1170
(x) school-based behavioral and mental health professionals;
1171
(d) in collaboration with the county security chief [or designee described in Section
1172
53-22-103] and with the local law enforcement of relevant jurisdiction over the school
1173
as described in Section 53-25-601:
1174
(i) conduct the school safety needs assessment described in Section 53G-8-701.5;
1175
(ii) in accordance with Sections 53-25-601 and 53G-8-701.5, submit the completed
1176
assessments to the School Safety Center created in Section 53G-8-802 by October
1177
15 of each year; and
1178
[(ii)] (iii) [conduct a building safety evaluation at least annually using ] review the
1179
results of the school safety needs assessment to recommend and implement
1180
improvements to school facilities, policies, procedures, protocols, rules, and
1181
regulations relating to school safety and security;
1182
(e) [if the specialist is also an employee of an LEA, ]participate on the multidisciplinary
1183
team that the [LEA] school establishes;
1184
(f) conduct a behavioral threat assessment when the school safety and security specialist
- 35 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1185
deems necessary using an evidence-based tool the state security chief recommends in
1186
consultation with the school safety center and the Office of Substance [Abuse] Use
1187
and Mental Health;
1188
(g) regularly monitor and report to the principal, local law enforcement, and, if
1189
applicable, the LEA superintendent or designee, security risks for the school resulting
1190
from:
1191
(i) issues with school facilities; or
1192
(ii) the implementation of practices, policies, procedures, and protocols relating to
1193
school safety and security;
1194
(h) coordinate with local first responder agencies to implement and monitor safety and
1195
security drills in accordance with policy and applicable procedures and protocols;
1196
(i) ensure that school staff, and, when appropriate, students, receive training on and
1197
remain current on the school's safety and security procedures and protocols;
1198
(j) following an event where security of the school has been significantly compromised,
1199
organize a debriefing with the individuals listed in Subsection (3)(c) following the
1200
recommendations from the state security chief, in collaboration with the School
1201
Safety Center, regarding strengthening school safety and security practices, policies,
1202
procedures, and protocols;
1203
(k) abide by any LEA, school, or law enforcement agency policy outlining the chain of
1204
command;
1205
(l) during an emergency, coordinate with the following individuals as applicable, the:
1206
(i) school resource officer;
1207
(ii) school guardians;
1208
(iii) armed school security guards;
1209
(iv) school administrators; and
1210
(v) responding law enforcement officers;
1211
(m) follow any LEA, school, or law enforcement agency student privacy policies,
1212
including state and federal privacy laws;
1213
(n) participate in an annual training the state security chief selects in consultation with
1214
the School Safety Center; and
1215
(o) remain current on:
1216
(i) a comprehensive school guideline the state security chief selects;
1217
(ii) the duties of a school safety and security specialist described in this Subsection
1218
(3); and
- 36 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1219
(iii) the school's emergency response plan.
1220
(4) During an active emergency at the school, the school safety and security specialist is
1221
subordinate to any responding law enforcement officers.
1222
Section 20. Section 53G-8-701.8 is amended to read:
1223
53G-8-701.8 . School safety and security director.
1224
(1) Except as provided in Subsection 53G-8-701.5(3), an LEA shall designate a school
1225
safety and security director as the LEA point of contact for the county security chief,
1226
local law enforcement, and the state security chief.
1227
(2) A school safety and security director shall:
1228
(a) participate in and satisfy the training requirements[, including the annual and
1229
biannual requirements, described in] as follows:
1230
(i) only once, the training requirements described in Section 53-22-105 for school
1231
guardians;
1232
(ii) [Section 53G-8-702 for] the school resource [officers] officer and administrator
1233
training the state security chief approves in consultation with the School Safety
1234
Center; and
1235
[(iii) Section 53G-8-704 for armed school security guards;]
1236
[(b) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1237
Concealed Firearm Act;]
1238
[(c)] (b) if serving as a backup school guardian, satisfy all requirements described in
1239
53-22-105;
1240
(c) if the designee is an employee of an LEA, participate on the multidisciplinary team
1241
the LEA establishes;
1242
(d) coordinate security responses among, if applicable, the following individuals in the
1243
LEA that employs the school safety and security director:
1244
(i) school safety and security specialists;
1245
(ii) school resource officers;
1246
(iii) armed school security guards; and
1247
(iv) school guardians; and
1248
(e) collaborate and maintain effective communications with local law enforcement, a
1249
county security chief, the LEA, and school-based behavioral and mental health
1250
professionals to ensure adherence with all policies, procedures, protocols, rules, and
1251
regulations relating to school safety and security.
1252
(3) A school safety and security director:
- 37 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1253
(a) does not have authority to act in a law enforcement capacity; and
1254
(b) may, at the LEA that employs the director:
1255
(i) take actions necessary to prevent or abate an active threat; and
1256
(ii) temporarily detain an individual when the school safety and security director has
1257
reasonable cause to believe the individual has committed or is about to commit a
1258
forcible felony, as that term is defined in Section 76-2-402[;] .
1259
(4) Notwithstanding Subsection 76-10-505.5(4), if a school safety and security director is
1260
carrying a firearm, the school safety and security director shall carry the school safety
1261
and security director's firearm in a concealed manner and may not, unless during an
1262
active threat, display or open carry a firearm while on school grounds.
1263
(5) A school may use the services of the school safety and security director on a temporary
1264
basis to satisfy the school safety personnel requirement of Subsection 53G-8-701.5(2).
1265
(6) The state security chief shall:
1266
(a) for each school safety and security director, track each school safety and security
1267
director by collecting the photograph and the name and contact information for each
1268
school safety and security director; and
1269
(b) make the information described in Subsection (6)(a) readily available to each law
1270
enforcement agency in the state categorized by LEA.
1271
Section 21. Section 53G-8-704 is amended to read:
1272
53G-8-704 . Contracts between an LEA and a contract security company for
1273
armed school security guards.
1274
(1) As used in this section:;
1275
(a) "Armed private security officer" means the same as that term is defined in Section
1276
58-63-102.
1277
(b) "Armed school security guard" means an armed private security officer who[ is]:
1278
(i) is licensed as an armed private security officer under Title 58, Chapter 63,
1279
Security Personnel Licensing Act; and
1280
(ii) has met the requirements described in Subsection (4)(a).
1281
(c) "Contract security company" means the same as that term is defined in Section
1282
58-63-102.
1283
(d) "State security chief" means the same as that term is defined in Section 53-22-102.
1284
(2)(a) An LEA may use an armed school security guard to satisfy the school safety
1285
personnel requirements of Section 53G-8-701.5.
1286
(b) An LEA that uses an armed school security guard under Subsection (2)(a) shall
- 38 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1287
contract with a contract security company to provide armed school security guards at
1288
each school within the LEA.
1289
(3) The contract described in Subsection (2)(b) shall include a detailed description of:
1290
(a) the rights of a student under state and federal law with regard to:
1291
(i) searches;
1292
(ii) questioning;
1293
(iii) arrests; and
1294
(iv) information privacy;
1295
(b) job assignment and duties of an armed school security guard, including:
1296
(i) the school to which an armed school security guard will be assigned;
1297
(ii) the hours an armed school security guard is present at the school;
1298
(iii) the point of contact at the school that an armed school security guard will contact
1299
in case of an emergency;
1300
(iv) specific responsibilities for providing and receiving information;
1301
(v) types of records to be kept, and by whom; and
1302
(vi) training requirements; and
1303
(c) other expectations of the contract security company in relation to school security at
1304
the LEA.
1305
(4)(a) In addition to the requirements for licensure under Title 58, Chapter 63, Security
1306
Personnel Licensing Act, an armed private security officer may only serve as an
1307
armed school security guard under a contract described in Subsection (2)(b) if the
1308
armed private security officer:
1309
(i) has a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
1310
Concealed Firearm Act;[ and]
1311
(ii) has undergone training from a county security chief or local law enforcement
1312
agency regarding:
1313
(A) the safe loading, unloading, storage, and carrying of firearms in a school
1314
setting;
1315
(B) the role of armed security guards in a school setting; and
1316
(C) coordination with law enforcement and school officials during an active threat[.] ;
1317
(iii) completes an initial "fit to carry" assessment the Department of Health and
1318
Human Services approves and a provider administers; and
1319
(iv) maintains compliance with mental health screening requirements consistent with
1320
law enforcement standards.
- 39 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1321
(b) An armed school security guard that meets the requirements of Subsection (4)(a)
1322
shall, in order to remain eligible to be assigned as an armed school security guard at
1323
any school under a contract described in Subsection (2)(b), participate in and satisfy
1324
the training requirements of the initial, annual, and biannual trainings as defined in
1325
Section 53-22-105.
1326
(5) An armed school security guard may conceal or openly carry a firearm at the school at
1327
which the armed school security guard is employed under the contract described in
1328
Subsection (2)(b).
1329
(6) An LEA that enters a contract under this section shall inform the state security chief and
1330
the relevant county security chief of the contract and provide the contact information of
1331
the contract security company employing the armed security guard for use during an
1332
emergency.
1333
(7) The state security chief shall:
1334
(a) for each LEA that contracts with a contract security company under this section,
1335
track each contract security company providing armed school security guards by
1336
name and the contact information for use in case of an emergency; and
1337
(b) make the information described in Subsection (7)(a) readily available to each law
1338
enforcement agency in the state by school.
1339
(8) An armed school security guard shall file a report described in Subsection (9) if, during
1340
the performance of the armed school security guard's duties, the armed school security
1341
guard:
1342
(a) points a firearm at an individual; or
1343
(b) aims a conductive energy device at an individual and displays the electrical current.
1344
(9)(a) A report described in Subsection (8) shall include:
1345
(i) a description of the incident;
1346
(ii) the identification of the individuals involved in the incident; and
1347
(iii) any other information required by the state security chief.
1348
(b) An armed school security guard shall submit a report required under Subsection (8)
1349
to the school administrator, school safety and security director, and the state security
1350
chief within 48 hours after the incident.
1351
(c) The school administrator, school safety and security director, and the state security
1352
chief shall consult and review the report submitted under Subsection (9)(b).
1353
Section 22. Section 53G-8-802 is amended to read:
1354
53G-8-802 . State Safety and Support Program -- State board duties -- LEA
- 40 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1355
duties.
1356
(1) There is created the School Safety Center.
1357
(2) The School Safety Center shall:
1358
(a) develop in conjunction with the Office of Substance Use and Mental Health and the
1359
state security chief model student safety and support policies for an LEA, including:
1360
(i) requiring an evidence-based behavior threat assessment that includes[:]
1361
[(A)] recommended interventions with an individual whose behavior poses a
1362
threat to school safety; [and]
1363
[(B) establishes defined roles for a multidisciplinary team and school safety
1364
personnel described in Title 53G, Chapter 8, Part 7, School Safety Personnel,
1365
including:]
1366
(ii) procedures for referrals to law enforcement; and
1367
(iii) procedures for referrals to a community services entity, a family support
1368
organization, or a health care provider for evaluation or treatment;
1369
(b) provide training in consultation with the state security chief:
1370
(i) in school safety;
1371
(ii) in evidence-based approaches to improve school climate and address and correct
1372
bullying behavior;
1373
(iii) in evidence-based approaches in identifying an individual who may pose a threat
1374
to the school community;
1375
(iv) in evidence-based approaches in identifying an individual who may be showing
1376
signs or symptoms of mental illness;
1377
(v) on permitted disclosures of student data to law enforcement and other support
1378
services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1379
1232g;
1380
(vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
1381
53E-9-203 and 53E-9-305; and
1382
(vii) for administrators on rights and prohibited acts under:
1383
(A) Chapter 9, Part 6, Bullying and Hazing;
1384
(B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
1385
(C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
1386
(D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
1387
(E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
1388
(c) conduct and disseminate evidence-based research on school safety concerns;
- 41 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1389
(d) disseminate information on effective school safety initiatives;
1390
(e) encourage partnerships between public and private sectors to promote school safety;
1391
(f) provide technical assistance to an LEA in the development and implementation of
1392
school safety initiatives;
1393
(g) in conjunction with the state security chief, make available to an LEA the model
1394
critical incident response training program a school and law enforcement agency
1395
shall use during a threat;
1396
(h) provide space for the public safety liaison described in Section 53-1-106 and the
1397
school-based mental health specialist described in Section 26B-5-102;
1398
(i) collaborate with the state security chief to determine appropriate application of school
1399
safety requirements in Utah Code to an online school;
1400
(j) create a model school climate survey that may be used by an LEA to assess
1401
stakeholder perception of a school environment;
1402
(k) in accordance with Section 53G-5-202, establish a charter school liaison including
1403
defined responsibilities for charter school communication and coordination with the
1404
School Safety Center; and
1405
(l) assist a foundation described in Section 53-22-108 in distributing school safety
1406
products if a foundation seeks assistance;
1407
(m) establishes defined roles for a multidisciplinary team and school safety personnel
1408
described in Title 53G, Chapter 8, Part 7, School Safety Personnel; [and]
1409
[(k)] (n) assist LEAs in implementing and maintaining universal access key box
1410
requirements under Section 53G-8-805;
1411
(o) in consultation with the state security chief, select a system to track relevant data,
1412
including the tracking required in Sections 53-22-105, 53G-8-701.5, 53G-8-701.8,
1413
and 53G-8-704; and
1414
(p) collect aggregate data and school climate survey results from an LEA that
1415
administers the model school climate survey described in Subsection [(2)(i)] (2)(j).
1416
(3) Nothing in this section requires:
1417
(a) an individual to respond to a school climate survey; or
1418
(b) an LEA to use the model school climate survey or any specified questions in the
1419
model school climate survey described in Subsection [(2)(i)] (2)(j).
1420
(4) The state board shall require an LEA to:
1421
(a)(i) if an LEA administers a school climate survey, review school climate data for
1422
each school within the LEA; and
- 42 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1423
(ii) based on the review described in Subsection (4)(a)(i):
1424
(A) revise practices, policies, and training to eliminate harassment and
1425
discrimination in each school within the LEA;
1426
(B) adopt a plan for harassment- and discrimination-free learning; and
1427
(C) host outreach events or assemblies to inform students and parents of the plan
1428
adopted under Subsection (4)(a)(ii)(B);
1429
(b) no later than September 1 of each school year, send a notice to each student, parent,
1430
and LEA staff member stating the LEA's commitment to maintaining a school
1431
climate that is free of harassment and discrimination; and
1432
(c) report to the state board annually on the LEA's implementation of the plan under
1433
Subsection (4)(a)(ii)(B) and progress.
1434
Section 23. Section 53G-8-803 is amended to read:
1435
53G-8-803 . Standard response protocol to active threats in schools.
1436
The state security chief described in Section 53-22-102, in consultation with the School
1437
Safety Center, shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1438
Rulemaking Act, to:
1439
(1) in accordance with the standard response protocol established by the state security chief,
1440
require an LEA or school to develop emergency preparedness plans and emergency
1441
response plans for use during an emergency that include developmentally appropriate
1442
training for students and adults regarding:
1443
(a) active threats;
1444
(b) emergency preparedness;
1445
(c) cardiac emergency preparedness;
1446
[(c)] (d) drills as required under Subsection 15A-5-202.5 and by the state security chief;
1447
and
1448
[(d)] (e) standard response protocols coordinated with community stakeholders; and
1449
(2) identify the necessary components of emergency preparedness and response plans,
1450
including underlying standard response protocols and emerging best practices for an
1451
emergency.
1452
Section 24. Section 53G-8-805 is amended to read:
1453
53G-8-805 . Panic alert device -- Security cameras -- Key box.
1454
(1) As used in this section:
1455
(a) "Universal access key box" means a UL Standard 1037 compliant secure container
1456
designed to store and protect emergency access keys and devices.
- 43 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1457
(b) "Emergency responder" means law enforcement, fire service, or emergency medical
1458
personnel authorized by local authorities to respond to school emergencies.
1459
[(1)] (2) In accordance with the results of the school safety needs assessment described in
1460
Section 53G-8-701.5, an LEA shall provide [a staff person] the lead teacher in each
1461
classroom with a wearable panic alert device that [allows for immediate contact with
1462
emergency services or emergency services agencies, law enforcement agencies, health
1463
departments, and fire departments] shall communicate directly with public safety
1464
answering points.
1465
[(2)] (3) An LEA shall ensure, before the school year begins, all school building personnel
1466
receive training on the protocol and appropriate use of the panic alert device described in
1467
Subsection [(1)] (2).
1468
[(3)] (4) An LEA shall:
1469
(a) ensure all security cameras within a school building are accessible by:
1470
(i) a local law enforcement agency; and
1471
(ii) public safety answering points;
1472
(b) coordinate with a local law enforcement agency to establish appropriate access
1473
protocols[.] ; and
1474
(c) physically mark all hallways and doorways consistent with the incident response
1475
method or system the state security chief creates.
1476
[(4)]
1477
(5) A school building shall include universal access key boxes that:
1478
(a) are installed at main entry points;
1479
(b) contain master keys and access devices providing complete access to all areas of the
1480
school;
1481
(c) are accessible only to authorized emergency responders;
1482
(d) are electronically monitored for tampering; and
1483
(e) are weather-resistant and vandal-resistant.
1484
(6) An LEA shall:
1485
(a) maintain universal access key boxes by:
1486
(i) conducting quarterly inspections;
1487
(ii) updating contents within 24 hours of any lock or access control changes;
1488
(iii) maintaining current key and access device inventories;
1489
(iv) documenting all inspections and updates; and
1490
(v) immediately replacing any damaged or malfunctioning boxes;
- 44 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1491
(b) coordinate with local emergency responders to:
1492
(i) determine optimal box placement;
1493
(ii) establish access protocols;
1494
(iii) maintain current emergency contact information; and
1495
(iv) conduct annual reviews of box usage and effectiveness;
1496
(c) include universal access key box locations and protocols in:
1497
(i) school emergency response plans;
1498
(ii) building schematic diagrams provided to emergency responders; and
1499
(iii) school safety and security training materials.
1500
(7) The state board shall:
1501
(a) establish standards for:
1502
(i) box installation and placement;
1503
(ii) access control and monitoring;
1504
(iii) maintenance schedules; and
1505
(iv) compliance verification;
1506
(b) in direct coordination with the state security chief, ensure new construction or major
1507
remodeling of a school building shall include the installation of automated external
1508
defibrillators in appropriate locations as the state board determines; and
1509
(c) provide technical assistance to LEAs implementing this section.
1510
(8) Nothing in this section:
1511
(a) affects requirements for fire department key boxes under applicable building or fire
1512
codes; or
1513
(b) restricts additional security measures implemented by LEAs that exceed these
1514
requirements.
1515
(9) This section is not subject to the restrictions in Section 41-6a-2003.
1516
Section 25. Section 53G-9-207 is amended to read:
1517
53G-9-207 . Child sexual abuse prevention.
1518
(1) As used in this section:
1519
(a)(i) "Age-appropriate instructional material" means materials that provide
1520
instruction on:
1521
(A) the responsibility of adults for the safety of children;
1522
(B) how to recognize uncomfortable inner feelings;
1523
(C) how to say no and leave an uncomfortable situation;
1524
(D) how to set clear boundaries;
- 45 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1525
(E) the risks of sharing intimate images or personal information through electronic
1526
means; and
1527
[(E)] (F) the importance of discussing uncomfortable situations with parents and
1528
other trusted adults.
1529
(ii) "Age-appropriate instructional material" does not include materials that:
1530
(A) invites a student to share personal experiences about abuse during instruction;
1531
(B) gives instruction regarding consent as described in Section 76-5-406; or
1532
(C) includes sexually explicit language or depictions.
1533
(b) "Alternative provider" means a provider other than the provider selected by the state
1534
board under Subsection (8) that provides the training and instruction described in
1535
Subsection (4) with instructional materials approved under Subsection (2).
1536
(c) "School personnel" means the same as that term is defined in Section 53G-9-203.
1537
(d) "Sexual extortion" means the criminal offense described in Section 76-5b-204.
1538
(2) The state board shall approve, in partnership with the Department of Health and Human
1539
Services, age-appropriate instructional materials for the training and instruction
1540
described in Subsections (3)(a) and (4).
1541
(3)(a) An LEA shall provide, once every three years, training and instruction on child
1542
sexual abuse and human trafficking prevention and awareness to:
1543
(i) school personnel in elementary and secondary schools on:
1544
(A) responding to a disclosure of child sexual abuse in a supportive, appropriate
1545
manner;
1546
(B) identifying children who are victims or may be at risk of becoming victims of
1547
human trafficking or commercial sexual exploitation; and
1548
(C) the mandatory reporting requirements described in Sections 53E-6-701 and
1549
80-2-602;
1550
(D) appropriate responses to incidents of sexual extortion, including connecting
1551
victims with support services; and
1552
(ii) parents of elementary school students on:
1553
(A) recognizing warning signs of a child who is being sexually abused or who is a
1554
victim or may be at risk of becoming a victim of human trafficking or
1555
commercial sexual exploitation; [and]
1556
(B) effective, age-appropriate methods for discussing the topic of child sexual
1557
abuse with a child[.] ; and
1558
(C) resources available for victims of sexual extortion.
- 46 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1559
(b) An LEA:
1560
(i) shall use the instructional materials approved by the state board under Subsection
1561
(2) to provide the training and instruction under Subsections (3)(a) and (4); or
1562
(ii) may use instructional materials the LEA creates to provide the instruction and
1563
training described in Subsections (3)(a) and (4), if the LEA's instructional
1564
materials are approved by the state board under Subsection (2).
1565
(4)(a) In accordance with Subsections (4)(b) and (5), an LEA may provide instruction on
1566
child sexual abuse and human trafficking prevention and awareness to elementary
1567
school students using age-appropriate curriculum.
1568
(b) An LEA that provides the instruction described in Subsection (4)(a) shall use the
1569
instructional materials approved by the state board under Subsection (2) to provide
1570
the instruction.
1571
(5)(a) An elementary school student may not be given the instruction described in
1572
Subsection (4) unless the parent of the student is:
1573
(i) notified in advance of the:
1574
(A) instruction and the content of the instruction; and
1575
(B) parent's right to have the student excused from the instruction;
1576
(ii) given an opportunity to review the instructional materials before the instruction
1577
occurs; and
1578
(iii) allowed to be present when the instruction is delivered.
1579
(b) Upon the written request of the parent of an elementary school student, the student
1580
shall be excused from the instruction described in Subsection (4).
1581
(c) Participation of a student requires compliance with Sections 53E-9-202 and
1582
53E-9-203.
1583
(6) An LEA may determine the mode of delivery for the training and instruction described
1584
in Subsections (3) and (4).
1585
(7) Upon request of the state board, an LEA shall provide evidence of compliance with this
1586
section.
1587
(8) The state board shall select a provider to provide the training and instruction described
1588
in Subsection (4), including requiring the provider selected to:
1589
(a) engage in outreach efforts to support more schools to participate in the training and
1590
instruction;
1591
(b) provide materials for the instruction involving students in accordance with
1592
Subsection (4);
- 47 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1593
(c) provide an outline of how many LEAs, schools, and students the provider could
1594
service; and
1595
(d) submit a report to the state board that includes:
1596
(i) information on the LEAs the provider engaged with in the outreach efforts,
1597
including:
1598
(A) how many schools within an LEA increased instructional offerings for
1599
training and instruction; and
1600
(B) the reasons why an LEA chose to participate or not in the offered training or
1601
instruction;
1602
(ii) the number of schools and students that received the training and instruction;
1603
(iii) budgetary information regarding how the provider utilized any funds the state
1604
board allocated; and
1605
(iv) additional information the state board requests.
1606
(9) Subject to legislative appropriation, there is created a grant program to support an LEA
1607
that chooses to use an alternative provider other than the provider selected by the state
1608
board under Subsection (8) to provide the training and instruction described in
1609
Subsection (4).
1610
(10) The state board shall:
1611
(a) establish a process to select alternative providers for an LEA to use, including:
1612
(i) an application process for a provider to become an alternative provider;
1613
(ii) required criteria for a provider to become an alternative provider; and
1614
(iii) relevant timelines;
1615
(b) create a process for an LEA to receive a grant award described in Subsection (9),
1616
including:
1617
(i) an application process;
1618
(ii) relevant timelines; and
1619
(iii) a scoring rubric and corresponding formula for determining a grant amount; and
1620
(c) make grant awards on a first come first served basis until the state board distributes
1621
all appropriated funds.
1622
(11) An LEA that receives a grant award described in Subsection (10)(b) shall:
1623
(a) use the grant award to cover the costs needed for implementation of the training or
1624
instruction described in Subsection (4); and
1625
(b) upon request of the state board, provide an itemized list of the uses of the grant
1626
award.
- 48 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1627
Section 26. Section 53G-9-703 is amended to read:
1628
53G-9-703 . Parent education -- Mental health -- Bullying -- Safety.
1629
(1)(a) Except as provided in Subsection (3), a school district shall offer a seminar for
1630
parents of students who attend school in the school district that:
1631
(i) is offered at no cost to parents;
1632
(ii)(A) if in person, begins at or after 6 p.m.;[ or]
1633
(B) if in person, takes place on a Saturday; or
1634
(C) may be conducted at anytime online and recorded if the recording is made
1635
available on the school district's website, including the parent portal created in
1636
Section 53G-6-806.
1637
(iii)(A) is held in at least one school located in the school district; or
1638
(B) is provided through a virtual platform; and
1639
(iv) covers the topics described in Subsection (2).
1640
(b)(i) A school district shall annually offer one parent seminar for each 11,000
1641
students enrolled in the school district.
1642
(ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to
1643
offer more than three seminars.
1644
(c) A school district may:
1645
(i) develop the district school's own curriculum for the seminar described in
1646
Subsection (1)(a); or
1647
(ii) use the curriculum developed by the state board under Subsection (2).
1648
(d) A school district shall notify each charter school located in the attendance boundaries
1649
of the school district of the date and time of a parent seminar, so the charter school
1650
may inform parents of the seminar.
1651
(2) The state board shall:
1652
(a) develop a curriculum for the parent seminar described in Subsection (1) that includes
1653
information on:
1654
(i) substance abuse, including illegal drugs and prescription drugs and prevention;
1655
(ii) bullying;
1656
(iii) mental health, depression, suicide awareness, and suicide prevention, including
1657
education on limiting access to fatal means;
1658
(iv) Internet safety, including pornography addiction;[ and]
1659
(v) the SafeUT Crisis Line established in Section 53B-17-1202; and
1660
(vi) resources related to the topics described in this Subsection (2); and
- 49 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1661
(b) provide the curriculum, including resources and training, to school districts upon
1662
request.
1663
(3)(a) A school district is not required to offer the parent seminar if the local school
1664
board determines that the topics described in Subsection (2) are not of significant
1665
interest or value to families in the school district.
1666
(b) If a local school board chooses not to offer the parent seminar, the local school board
1667
shall notify the state board and provide the reasons why the local school board chose
1668
not to offer the parent seminar.
1669
Section 27. Section 63I-1-253 is amended to read:
1670
63I-1-253 . Repeal dates: Titles 53 through 53G.
1671
(1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is
1672
repealed July 1, 2028.
1673
(2) Section 53-2a-105, Emergency Management Administration Council created --
1674
Function -- Composition -- Expenses, is repealed July 1, 2029.
1675
(3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation,
1676
is repealed July 1, 2027.
1677
(4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is
1678
repealed July 1, 2027.
1679
(5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
1680
(6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership --
1681
Expenses, is repealed July 1, 2029.
1682
(7) Section 53-2d-703, Volunteer Emergency Medical Service Personnel Health Insurance
1683
Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking --
1684
Advisory board, is repealed July 1, 2027.
1685
(8) Section 53-5-703, Board -- Membership -- Compensation -- Terms -- Duties, is repealed
1686
July 1, 2029.
1687
(9) Section 53-11-104, Board, is repealed July 1, 2029.
1688
[(10) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem
1689
-- Report -- Expiration, is repealed December 31, 2025.]
1690
[(11) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is
1691
repealed December 31, 2025.]
1692
[(12)] (10) Subsection 53B-1-301(1)(j), regarding the Higher Education and Corrections
1693
Council, is repealed July 1, 2027.
1694
[(13)] (11) Section 53B-7-709, Five-year performance goals, is repealed July 1, 2027.
- 50 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1695
[(14)] (12) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
1696
July 1, 2028.
1697
[(15)] (13) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
1698
[(16)] (14) Section 53B-17-1203, SafeUT and School Safety Commission established --
1699
Members, is repealed January 1, 2030.
1700
[(17)] (15) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
1701
[(18)] (16) Title 53B, Chapter 18, Part 17, Food Security Council, is repealed July 1, 2027.
1702
[(19)] (17) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
1703
Research Center, is repealed July 1, 2028.
1704
[(20)] (18) Title 53B, Chapter 35, Higher Education and Corrections Council, is repealed
1705
July 1, 2027.
1706
[(21)] (19) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the
1707
Land Exchange Distribution Account to the Geological Survey for test wells and other
1708
hydrologic studies in the West Desert, is repealed July 1, 2030.
1709
[(22)] (20) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections
1710
Council, is repealed July 1, 2027.
1711
[(23)] (21) Subsection 53E-2-304(6), regarding foreclosing a private right of action or
1712
waiver of governmental immunity, is repealed July 1, 2027.
1713
[(24)] (22) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is
1714
repealed July 1, 2027.
1715
[(25)] (23) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is
1716
repealed July 1, 2027.
1717
[(26)] (24) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed
1718
January 1, 2028.
1719
[(27)] (25) Section 53E-4-203, Standards review committee, is repealed January 1, 2028.
1720
[(28)] (26) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission,
1721
is repealed July 1, 2033.
1722
[(29)] (27) Subsection 53E-7-207(7), regarding a private right of action or waiver of
1723
governmental immunity, is repealed July 1, 2027.
1724
[(30)] (28) Section 53F-2-420, Intensive Services Special Education Pilot Program, is
1725
repealed July 1, 2024.
1726
[(31)] (29) Section 53F-5-214, Grant for professional learning, is repealed July 1, 2025.
1727
[(32)] (30) Section 53F-5-215, Elementary teacher preparation grant, is repealed July 1,
1728
2025.
- 51 - 6th Sub. (Ivory) H.B. 40 03-03 16:48
1729
[(33)] (31) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is
1730
repealed July 1, 2025.
1731
[(34)] (32) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July
1732
1, 2027.
1733
[(35)] (33) Subsection 53G-4-608(2)(b), regarding the Utah Seismic Safety Commission, is
1734
repealed January 1, 2025.
1735
[(36)] (34) Subsection 53G-4-608(4)(b), regarding the Utah Seismic Safety Commission, is
1736
repealed January 1, 2025.
1737
[(37)] (35) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
1738
Section 28. Repealer.
1739
This bill repeals:
1740
Section 53F-4-208, State board procurement for school security software.
1741
Section 29. FY 2026 Appropriations.
1742
The following sums of money are appropriated for the fiscal year beginning July 1,
1743
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
1744
fiscal year 2026.
1745
Subsection 29(a). Operating and Capital Budgets
1746
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
1747
Legislature appropriates the following sums of money from the funds or accounts indicated for
1748
the use and support of the government of the state of Utah.
1749
ITEM 1 To State Board of Education - Contracted Initiatives and Grants
1750
From Public Education Economic Stabilization
1751
Restricted Account, One-time 25,000,000
1752
Schedule of Programs:
1753
Contracts and Grants 25,000,000
1754
The Legislature intends $25,000,000 for the
1755
School Safety and Support Grant Program in this item be
1756
used as follows, for:
1757
(1) supporting general grants to local education
1758
agencies prioritized by need as the school security task
1759
force described in Section 53-22-104.1 determines in
1760
coordination with the state security chief and the school
1761
safety center;
1762
(2) research expenses supporting the work of the
- 52 - 03-03 16:48 6th Sub. (Ivory) H.B. 40
1763
school security task force as the co-chairs of the task
1764
force authorize;
1765
(3) targeted grants to local education agencies
1766
for needs reported in the local education agencies' school
1767
safety needs assessments described in Section
1768
53G-8-701.5; and
1769
(4) the state board to use up to $500,000 for the
1770
administration of the multi-tiered system of support for
1771
compliance issues as described in Section 53-22-109, if:
1772
(a) the state board determines the ongoing costs associated with
1773
the administration of the multi-tiered system of support
1774
for compliance issues; and
1775
(b) the state board reports the ongoing costs to the Education
1776
Interim Committee no later than September 1, 2026.
1777
Section 30. Effective Date.
1778
This bill takes effect on May 7, 2025.
- 53 -