UT
Utah House Bill HB0040

Utah 2025 Regular Session

Utah House Bill HB0040 Compare Versions

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1-Enrolled Copy H.B. 40
1+03-07 15:17 7th Sub. (Lime) H.B. 40
2+Ann Millner proposes the following substitute bill:
23 1
34 School Safety Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Ryan D. Wilcox
78 Senate Sponsor: Ann Millner
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill modifies school safety provisions.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
2021 8
2122 ▸ defines terms;
2223 9
2324 ▸ modifies communication device requirements for new construction to post-completion
2425 10
2526 determination;
2627 11
2728 ▸ revises screening and training requirements for school safety personnel;
2829 12
2930 ▸ adjusts school safety personnel provisions;
3031 13
3132 ▸ changes safety assessment deadlines and frequency;
3233 14
3334 ▸ establishes a school safety foundation for certain purposes;
3435 15
3536 ▸ creates compliance supports;
3637 16
3738 ▸ modifies certain administrative structures within the school safety program; and
3839 17
3940 ▸ makes technical changes.
4041 18
4142 Money Appropriated in this Bill:
4243 19
4344 This bill appropriates $25,000,000 in operating and capital budgets for fiscal year 2026, all
4445 20
4546 of which is from the various sources as detailed in this bill.
4647 21
4748 Other Special Clauses:
4849 22
4950 None
5051 23
5152 Utah Code Sections Affected:
5253 24
5354 AMENDS:
5455 25
5556 15A-5-203, as last amended by Laws of Utah 2024, Chapters 21, 381
5657 26
5758 53-22-102, as last amended by Laws of Utah 2024, Chapter 21
5859 27
59-53-22-103, as last amended by Laws of Utah 2024, Chapter 21 H.B. 40 Enrolled Copy
60+53-22-103, as last amended by Laws of Utah 2024, Chapter 21
6061 28
6162 53-22-104.1, as enacted by Laws of Utah 2024, Chapter 21
63+7th Sub. H.B. 40 7th Sub. (Lime) H.B. 40 03-07 15:17
6264 29
6365 53-22-104.2, as enacted by Laws of Utah 2024, Chapter 21
6466 30
6567 53-22-105, as enacted by Laws of Utah 2024, Chapter 21
6668 31
6769 53-22-106, as enacted by Laws of Utah 2024, Chapter 21
6870 32
6971 53B-28-401, as last amended by Laws of Utah 2024, Chapters 65, 378
7072 33
7173 53B-28-403, as enacted by Laws of Utah 2021, Chapter 332
7274 34
7375 53E-1-201, as last amended by Laws of Utah 2024, Chapters 3, 460 and 525
7476 35
7577 53G-5-202, as last amended by Laws of Utah 2024, Chapter 63
7678 36
7779 53G-5-205, as last amended by Laws of Utah 2024, Chapter 63
7880 37
7981 53G-8-102, as enacted by Laws of Utah 2018, Chapter 3
8082 38
8183 53G-8-701, as last amended by Laws of Utah 2024, Chapter 21
8284 39
8385 53G-8-701.5, as repealed and reenacted by Laws of Utah 2024, Chapter 21
8486 40
8587 53G-8-701.6, as enacted by Laws of Utah 2024, Chapter 21
8688 41
8789 53G-8-701.8, as enacted by Laws of Utah 2024, Chapter 21
8890 42
8991 53G-8-704, as enacted by Laws of Utah 2024, Chapter 21
9092 43
9193 53G-8-802, as last amended by Laws of Utah 2024, Chapter 23
9294 44
9395 53G-8-803, as last amended by Laws of Utah 2024, Chapter 21
9496 45
9597 53G-8-805, as enacted by Laws of Utah 2024, Chapter 21
9698 46
9799 53G-9-207, as last amended by Laws of Utah 2024, Chapter 520
98100 47
99101 53G-9-703, as last amended by Laws of Utah 2024, Chapter 20
100102 48
101103 63I-1-253, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
102104 49
103105 ENACTS:
104106 50
105107 53-22-108, Utah Code Annotated 1953
106108 51
107109 53-22-109, Utah Code Annotated 1953
108110 52
109111 53-25-601, Utah Code Annotated 1953
110112 53
111113 REPEALS:
112114 54
113115 53F-4-208, as enacted by Laws of Utah 2023, Chapter 383
114116 55
115117
116118 56
117119 Be it enacted by the Legislature of the state of Utah:
118120 57
119121 Section 1. Section 15A-5-203 is amended to read:
120122 58
121123 15A-5-203 . Amendments and additions to IFC related to fire safety, building,
122124 59
123125 and site requirements.
124126 60
125127 (1) For IFC, Chapter 5, Fire Service Features:
126128 61
127129 (a) In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as
128-- 2 - Enrolled Copy H.B. 40
129130 62
130131 follows: "An authority having jurisdiction over a structure built in accordance with
132+- 2 - 03-07 15:17 7th Sub. (Lime) H.B. 40
131133 63
132134 the requirements of the International Residential Code as adopted in the State
133135 64
134136 Construction Code, may require an automatic fire sprinkler system for the structure
135137 65
136138 only by ordinance and only if any of the following conditions exist:
137139 66
138140 (i) the structure:
139141 67
140142 (A) is located in an urban-wildland interface area as provided in the Utah
141143 68
142144 Wildland Urban Interface Code adopted as a construction code under the State
143145 69
144146 Construction Code; and
145147 70
146148 (B) does not meet the requirements described in Utah Code, Subsection 65A-8-203
147149 71
148150 (4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for
149151 72
150152 County Wildland Fire Ordinance;
151153 73
152154 (ii) the structure is in an area where a public water distribution system with fire
153155 74
154156 hydrants does not exist as required in Utah Administrative Code, R309-550-5,
155157 75
156158 Water Main Design;
157159 76
158160 (iii) the only fire apparatus access road has a grade greater than 10% for more than
159161 77
160162 500 continual feet;
161163 78
162164 (iv) the total floor area of all floor levels within the exterior walls of the dwelling unit
163165 79
164166 exceeds 10,000 square feet; or
165167 80
166168 (v) the total floor area of all floor levels within the exterior walls of the dwelling unit
167169 81
168170 is double the average of the total floor area of all floor levels of unsprinkled
169171 82
170172 homes in the subdivision that are no larger than 10,000 square feet.
171173 83
172174 (vi) Exception: A single family dwelling does not require a fire sprinkler system if
173175 84
174176 the dwelling:
175177 85
176178 (A) is located outside the wildland urban interface;
177179 86
178180 (B) is built in a one-lot subdivision; and
179181 87
180182 (C) has 50 feet of defensible space on all sides that limits the propensity of fire
181183 88
182184 spreading from the dwelling to another property."
183185 89
184186 (b) In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as
185187 90
186188 follows: "Where access to or within a structure or an area is restricted because of
187189 91
188190 secured openings or where immediate access is necessary for life-saving or
189191 92
190192 fire-fighting purposes, the fire code official, after consultation with the building
191193 93
192194 owner, may require a key box to be installed in an approved location. The key box
193195 94
194196 shall contain keys to gain necessary access as required by the fire code official. For
195197 95
196198 each fire jurisdiction that has at least one building with a required key box, the fire
197-- 3 - H.B. 40 Enrolled Copy
198199 96
199200 jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that
201+- 3 - 7th Sub. (Lime) H.B. 40 03-07 15:17
200202 97
201203 creates a process to ensure that each key to each key box is properly accounted for
202204 98
203205 and secure."
204206 99
205207 (c) In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is
206208 100
207209 added as follows: "Fire flow may be reduced for an isolated one- and two-family
208210 101
209211 dwelling when the authority having jurisdiction over the dwelling determines that the
210212 102
211213 development of a full fire-flow requirement is impractical."
212214 103 (d) In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
213215 104
214216 "507.1.2 Pre-existing subdivision lots.
215217 105
216218 The requirements for a pre-existing subdivision lot shall not exceed the requirements
217219 106
218220 described in Section 501.5."
219221 107
220222 (e) In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One
221223 108
222224 interior and one detached accessory dwelling unit on a single residential lot."
223225 109
224226 (f)(i) IFC, Chapter 5, Section 510.1, Emergency responder communication coverage
225227 110
226228 in new buildings, is amended by adding: "When required by the fire code official,
227229 111
228230 unless the new building is a public school as that term is defined in Section
229231 112
230232 53G-9-205.1 or a private school, [then] if determined by the fire code official to be
231233 113
232234 necessary after construction of the new building is completed, then the fire code
233235 114
234236 official shall require," at the beginning of the first paragraph.
235237 115
236238 (ii) For public and private schools, an initial radio coverage test must be conducted
237239 116
238240 by a qualified professional using appropriate testing equipment, and a report of the
239241 117
240242 results must be submitted to the fire code official. Subsequent routine testing may
241243 118
242244 be conducted by the fire code official using basic equipment. The fire code official
243245 119
244246 may require additional professional testing if routine testing indicates potential
245247 120
246248 issues with radio coverage.
247249 121
248250 (2) For IFC, Chapter 6, Building Services and Systems:
249251 122
250252 (a) IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as
251253 123
252254 follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key
253255 124
254256 box or similar box with corresponding key system that is adjacent to the elevator for
255257 125
256258 immediate use by the fire department. The key box shall contain one key for each
257259 126
258260 elevator, one key for lobby control, and any other keys necessary for emergency
259261 127
260262 service. The elevator key box shall be accessed using a 6049 numbered key."
261263 128
262264 (b) IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after
263265 129
264266 the word "Code", add the words "and NFPA 96".
265-- 4 - Enrolled Copy H.B. 40
266267 130
267268 (c) IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1
269+- 4 - 03-07 15:17 7th Sub. (Lime) H.B. 40
268270 131
269271 hood is not required for a cooking appliance in a microenterprise home kitchen, as
270272 132
271273 that term is defined in Utah Code, Section 26B-7-401, for which the operator obtains
272274 133
273275 a permit in accordance with Section 26B-7-416."
274276 134
275277 (3) IFC, Chapter 7, Fire and Smoke Protection Features, Section 702.5, is deleted.
276278 135
277279 Section 2. Section 53-22-102 is amended to read:
278280 136
279281 53-22-102 . State security chief -- Creation -- Appointment.
280282 137
281283 (1) There is created within the department a state security chief.
282284 138
283285 (2) The state security chief:
284286 139
285287 (a) is appointed by the commissioner with the approval of the governor;
286288 140
287289 (b) is subject to the supervision and control of the commissioner;
288290 141
289291 (c) may be removed at the will of the commissioner;
290292 142
291293 (d) shall be qualified by experience and education to:
292294 143
293295 (i) enforce the laws of this state relating to school safety;
294296 144
295297 (ii) perform duties prescribed by the commissioner; and
296298 145
297299 (iii) enforce rules made under this chapter.
298300 146
299301 (3) The state security chief shall:
300302 147
301303 (a) establish building and safety standards for all public and private schools, including:
302304 148
303305 (i) coordinating with the State Board of Education to establish the required minimum
304306 149
305307 safety and security standards for all public and private school facilities, including:
306308 150
307309 (A) limited entry points, including, if applicable, secured entry points for specific
308310 151
309311 student grades or groups;
310312 152
311313 (B) video surveillance of entrances when school is in session;
312314 153
313-(C) [ground level ] subject to Subsection (6), exterior windows surrounding only
315+(C) subject to Subsection (6), [ground level ] exterior windows surrounding only
314316 154
315317 the immediate entryways and only interior windows of a classroom entrance or
316318 155
317319 instructional area protected by security [film] glazing or ballistic windows;
318320 156
319321 (D) internal classroom door locks;
320322 157
321323 (E) bleed kits and first aid kits;
322324 158
323325 (F) exterior cameras on entrances, parking areas, and campus grounds; and
324326 159
325327 (G) fencing around playgrounds or supervised parameters using existing and
326328 160
327329 adequate staffing to monitor in consultation with the county security chief;
328330 161
329331 (ii) establishing a schedule or timeline for existing buildings to come into compliance
330332 162
331333 with this section;
332334 163
333335 (iii) creating a process to examine plans and specifications for construction or
334-- 5 - H.B. 40 Enrolled Copy
335336 164
336337 remodeling of a school building, in accordance with Section 53E-3-706;
338+- 5 - 7th Sub. (Lime) H.B. 40 03-07 15:17
337339 165
338340 (iv) recommending to the commissioner the denial or revocation a public or private
339341 166
340342 school's occupancy permit for a building if:
341343 167
342344 (A) the building does not meet the standards established in this section; and
343345 168
344346 (B) after consultation with the local governing board, the building remains
345347 169
346348 non-compliant with the standards established in this section;
347349 170
348350 (v) creating minimum standards for radio communication equipment in every school;
349351 171
350352 and
351353 172
352354 (vi) establishing a process to approve the safety and security criteria the state
353355 173
354356 superintendent of public instruction establishes for building inspectors described
355357 174
356358 in Section 53E-3-706;
357359 175
358360 (b) oversee the implementation of the school safety personnel requirements described in
359361 176
360362 Section 53G-8-701.5, including:
361363 177
362364 (i) in consultation with a county security chief, overseeing the school guardian
363365 178
364366 program described in Section 53-22-105, including approving and coordinating
365367 179
366368 the relevant training programs;
367369 180
368370 (ii) establishing an application process for approved alternatives to the school safety
369371 181
370372 personnel requirements described in Section 53G-8-701.5;
371373 182
372374 (iii) selecting training requirements for school safety and security specialists in
373375 183
374376 consultation with the State Board of Education as described in Section
375377 184
376378 53G-8-701.6;
377379 185
378380 (iv) as required by Section 53G-8-701.8, tracking each school safety and security
379381 186
380382 director for a local education agency and ensuring that the contact information for
381383 187
382384 the school safety and security directors is readily available to the local law
383385 188
384386 enforcement agency of relevant jurisdiction; and
385387 189
386388 (v) reviewing and approving the State Board of Education's school resource officer
387389 190
388390 training program as described in Section 53G-8-702;
389391 191
390392 (c) oversee the creation of school safety trainings, protocols, and incident responses,
391393 192
392394 including:
393395 193
394396 (i) in consultation with the State Board of Education, defining what constitutes an
395397 194
396398 "active threat" and "developmentally appropriate" for purposes of the emergency
397399 195
398400 response training described in Section 53G-8-803;
399401 196
400402 (ii) in consultation with the Office of Substance Abuse and Mental Health,
401403 197
402404 establishing or selecting an adolescent mental health and de-escalation training for
403-- 6 - Enrolled Copy H.B. 40
404405 198
405406 school safety personnel;
407+- 6 - 03-07 15:17 7th Sub. (Lime) H.B. 40
406408 199
407409 (iii) consulting with the School Safety Center to develop the model critical incident
408410 200
409411 response that all schools and law enforcement will use during a threat, including:
410412 201
411413 (A) standardized response protocol terminology for use throughout the state,
412414 202
413415 including what constitutes a threat;
414416 203
415417 (B) protocols for planning and safety drills, including drills required in a school
416418 204
417419 before the school year begins;
418420 205
419421 (C) integration and appropriate use of a panic alert device described in Subsection
420422 206
421423 53G-8-805;
422424 207
423425 (D) the establishment of incident command for a threat or safety incident,
424426 208
425427 including which entity and individual runs the incident command;
426428 209
427429 (E) the required components for a communication plan to be followed during an
428430 210
429431 incident or threat;
430432 211
431433 (F) reunification plan protocols, including the appropriate design and use of an
432434 212
433435 incident command by others responding to or involved in an incident; and
434436 213
435437 (G) recommendations for safety equipment for schools, including amounts and
436438 214
437439 types of first aid supplies;
438440 215
439441 (iv) reviewing and suggesting any changes to the response plans and training under
440442 216
441443 Section 53G-8-803;
442444 217
443445 (v) creating the official standard response protocol described in Section 53G-8-803
444446 218
445447 for use by schools and law enforcement for school safety incidents; and
446448 219
447449 (vi) establishing a manner for any security personnel described in Section
448450 220
449451 53G-8-701.5 to be quickly identified by law enforcement during an incident;
450452 221
451453 (d) in consultation with the School Safety Center established in Section 53G-8-802:
452454 222
453455 (i) create a process to receive and analyze the school safety needs assessments
454456 223
455457 described in Section 53G-8-701.5; and
456458 224
457459 (ii) establish a required data reporting system for public schools to report serious and
458460 225
459461 non-serious threats and other data related to threat assessment that the state
460462 226
461463 security chief determines to be necessary; and
462464 227
463465 (e) fulfill any other duties and responsibilities determined by the commissioner.
464466 228
465467 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
466468 229
467469 department, in consultation with the state security chief, shall make rules to fulfill the
468470 230
469471 duties described in this section.
470472 231
471473 (5) The state security chief may delegate duties under this section to a sworn department
472-- 7 - H.B. 40 Enrolled Copy
473474 232
474475 member with the approval of the commissioner.
476+- 7 - 7th Sub. (Lime) H.B. 40 03-07 15:17
475477 233
476478 (6)(a) A school building shall come into compliance with window protection
477479 234
478480 requirements in Subsection (3)(a) by:
479481 235
480482 (i) for schools located in a county of the first or second class, secure exterior
481483 236
482484 windows surrounding only the immediate entryways by July 1, 2035;
483485 237
484486 (ii) for schools located in a county of the third, fourth, fifth, or sixth class, secure
485487 238
486488 exterior windows surrounding only the immediate entryways by July 1, 2040; and
487489 239
488490 (iii) for all schools, secure only interior windows of a classroom entrance or
489491 240
490492 instructional area from the floor, by July 1, 2040.
491493 241
492494 (b) The state security chief may grant an extension to the timelines in this Subsection (6)
493495 242
494496 if requested by a local education agency.
495497 243
496498 Section 3. Section 53-22-103 is amended to read:
497499 244
498500 53-22-103 . County sheriff responsibilities -- Coordination.
499501 245
500502 (1) Each county sheriff shall identify an individual as a county security chief within the
501503 246
502504 sheriff's office to coordinate security responsibilities, protocols, and required trainings
503505 247
504506 between the state security chief, the county sheriff's office, and the corresponding police
505507 248
506508 chiefs whose jurisdiction includes a public school within the county.
507509 249
508510 (2) The county security chief shall:
509511 250
510512 (a) in collaboration with the school safety and security specialist described in Section
511513 251
512514 53G-8-701.6 and a member of the local law enforcement agency of relevant
513515 252
514516 jurisdiction as described in Section 53-25-601:
515517 253
516518 (i) [conduct, or coordinate ] administer or coordinate with a designee from the local
517519 254
518520 law enforcement agency of relevant jurisdiction to [conduct] participate in, by any
519521 255
520522 appropriate means the county security chief determines, the school safety needs
521523 256
522524 assessment described in Section 53G-8-701.5; and
523525 257
524526 (ii) [conduct a building safety evaluation at least annually using ] review the results of
525527 258
526528 the school safety needs assessment to recommend and implement improvements
527529 259
528530 to school facilities, policies, procedures, protocols, rules, and regulations relating
529531 260
530532 to school safety and security;
531533 261
532534 (b) collaborate and maintain effective communications regarding school safety with
533535 262
534536 each:
535537 263
536538 (i) school safety and security specialist in the county security chief's county, as
537539 264
538540 described in Section 53G-8-701.6;
539541 265
540542 (ii) school safety and security director in the county security chief's county, as
541-- 8 - Enrolled Copy H.B. 40
542543 266
543544 described in Section 53G-8-701.8; and
545+- 8 - 03-07 15:17 7th Sub. (Lime) H.B. 40
544546 267
545547 (iii) local law enforcement agency within the county;
546548 268
547549 (c) administer with the corresponding police chiefs whose jurisdiction includes a public
548550 269
549551 school, the trainings described in Sections 53-22-105 and 53G-8-704, including:
550552 270
551553 (i) assessing if an individual is capable of the duties and responsibilities that the
552554 271
553555 trainings cover; and
554556 272
555557 (ii) denying an individual the ability to be a school safety personnel described in
556558 273
557559 Section 53G-8-701.5 if the county security chief finds the individual is not
558560 274
559561 capable of the duties and responsibilities that the trainings cover; and
560562 275
561563 (d) in conjunction with the state security chief, administer the school guardian program
562564 276
563565 established in Section 53-22-105 at any school participating in the program in the
564566 277
565567 county security chief's county.
566568 278
567569 Section 4. Section 53-22-104.1 is amended to read:
568570 279
569571 53-22-104.1 . School Security Task Force -- Membership -- Duties -- Per diem --
570572 280
571573 Report -- Expiration.
572574 281
573575 (1) There is created a School Security Task Force composed of the following members:
574576 282
575577 (a) the House chair and vice chair of the House Law Enforcement and Criminal Justice
576578 283
577579 Standing Committee during the 2024 General Session, with the House chair serving
578580 284
579581 as the co-chair of the task force;
580582 285
581583 (b) two members from the Senate, whom the president of the Senate selects and one of
582584 286
583585 whom the president of the Senate appoints as co-chair of the task force;
584586 287
585587 (c) the state security chief;
586588 288
587589 (d) one member of the State Board of Education, whom the chair of State Board of
588590 289
589591 Education selects;
590592 290
591593 (e) a member of the School Safety Center or designee, whom the state security chief
592594 291
593595 selects;
594596 292
595597 (f) the director of the Utah Division of Juvenile Justice Youth Services or the director's
596598 293
597599 designee;
598600 294
599601 (g) a member of the Utah School Superintendents Association, whom the chairs select;
600602 295
601603 (h) the Commissioner of Higher Education or the commissioner's designee;
602604 296
603605 (i) a school security expert, whom the state security chief selects;
604606 297
605607 (j) the chief information security officer described in Section 63A-16-210 or the chief's
606608 298
607609 designee;
608610 299
609611 (k) the director of a school safety foundation established under Section 53-22-108 or the
610-- 9 - H.B. 40 Enrolled Copy
611612 300
612613 director's designee;
614+- 9 - 7th Sub. (Lime) H.B. 40 03-07 15:17
613615 301
614616 [(h)] (l) one member of the Chiefs of Police Association from a county of the first or
615617 302
616618 second class;
617619 303
618620 [(i)] (m) one member of the Sheriff's Association from a county of the third, fourth, fifth,
619621 304
620622 or sixth class, whom the president of the association selects;
621623 305
622624 [(j)] (n) one county security chief, whom the state security chief selects;
623625 306
624626 [(k)] (o) a school safety and security director, whom the chairs select;
625627 307
626628 [(l)] (p) a school resource officer, whom the state security chief selects; and
627629 308
628630 [(m)] (q) a member of the SafeUT and School Safety Commission, whom the chairs
629631 309
630632 select.
631633 310
632634 (2) The task force shall:
633635 311
634636 (a) review school safety updates;
635637 312
636638 (b) study possible recommendations for minimum cybersecurity standards for local
637639 313
638640 education agencies;
639641 314
640642 [(b)] (c) consult with the Education Advisory Board created in Section 53-22-104.2; and
641643 315
642644 [(c)] (d) develop legislation recommendations as necessary.
643645 316
644646 (3)(a) A majority of the members of the task force constitutes a quorum.
645647 317
646648 (b) The action of a majority of a quorum constitutes an action of the task force.
647649 318
648650 (4) The Office of Legislative Research and General Counsel shall provide staff for the task
649651 319
650652 force.
651653 320
652654 (5)(a) Salaries and expenses of the members of the task force who are legislators shall be
653655 321
654656 paid in accordance with:
655657 322
656658 (i) Section 36-2-2;
657659 323
658660 (ii) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
659661 324
660662 Expenses; and
661663 325
662664 (iii) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
663665 326
664666 (b) A member of the task force who is not a legislator may not receive compensation for
665667 327
666668 the member's work associated with the task force but may receive per diem and
667669 328
668670 reimbursement for travel expenses incurred as a member of the task force at the rates
669671 329
670672 established by the Division of Finance under:
671673 330
672674 (i) Sections 63A-3-106 and 63A-3-107; and
673675 331
674676 (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106
675677 332
676678 and 63A-3-107.
677679 333
678680 Section 5. Section 53-22-104.2 is amended to read:
679-- 10 - Enrolled Copy H.B. 40
680681 334
681682 53-22-104.2 . The School Security Task Force -- Public Education Advisory
683+- 10 - 03-07 15:17 7th Sub. (Lime) H.B. 40
682684 335
683685 Board.
684686 336
685687 (1) There is created an advisory board to the task force called the Public Education
686688 337
687689 Advisory Board.
688690 338
689691 (2) The advisory board shall consist of the following members:
690692 339
691693 (a) the state security chief, who acts as chair of the advisory board;
692694 340
693695 (b) the construction and facility specialist at the State Board of Education;
694696 341
695697 (c) the director of school safety and student services at the State Board of Education or
696698 342
697699 the director's designee;
698700 343
699701 (d) a school nurse, whom the state security chief selects;
700702 344
701703 (e) a school district technology director, whom the director of school safety and student
702704 345
703705 services selects;
704706 346
705707 [(c)] (f) a superintendent from a county of the fourth, fifth, or sixth class, whom the state
706708 347
707709 security chief selects;
708710 348
709711 [(d)] (g) a superintendent from a county of the first, second, or third class, whom the state
710712 349
711713 security chief selects;
712714 350
713715 [(e)] (h) a charter school director [from ] who is employed in a county of the fourth, fifth,
714716 351
715717 or sixth class, whom the state security chief selects;
716718 352
717719 [(f)] (i) a charter school director from a county of the first, second, or third class, whom
718720 353
719721 the state security chief selects;
720722 354
721723 [(g)] (j) the president of the Utah School Boards Association or the president's designee;
722724 355
723725 [(h)] (k) a parent representative from a school community council or parent teacher
724726 356
725727 organization, whom the state security chief selects;
726728 357
727729 [(i)] (l) a facilities manager from an LEA in a county of the fourth, fifth, or sixth class,
728730 358
729731 whom the state security chief selects;
730732 359
731733 [(j)] (m) a facilities manager from an LEA in county of the first, second, or third class,
732734 360
733735 whom the state security chief selects;
734736 361
735737 [(k)] (n) a representative of private schools, whom the state security chief selects; and
736738 362
737739 [(l)] (o) a member of the Office of Substance Abuse and Mental Health, whom the state
738740 363
739741 security chief selects.
740742 364
741743 (3) The advisory board's purpose is to:
742744 365
743745 (a) review and provide input on official business of the task force;
744746 366
745747 (b) provide recommendations and suggestions for the task force's consideration; and
746748 367
747749 (c) study and evaluate the policies, procedures, and programs implemented for school
748-- 11 - H.B. 40 Enrolled Copy
749750 368
750751 safety and provide proactive information regarding the implementation.
752+- 11 - 7th Sub. (Lime) H.B. 40 03-07 15:17
751753 369
752754 (4)(a) A majority of the members of the advisory board constitutes a quorum.
753755 370
754756 (b) The action of a majority of a quorum constitutes an action of the advisory board.
755757 371
756758 (5)(a) The advisory board shall select two members to serve as co-chairs.
757759 372
758760 (b) The co-chairs are responsible for the call and conduct of meetings.
759761 373
760762 (6) The staff of the state security chief shall provide staff for the advisory board.
761763 374
762764 (7) A member of the advisory board who is not a legislator may not receive compensation
763765 375
764766 for the member's work associated with the task force but may receive per diem and
765767 376
766768 reimbursement for travel expenses incurred as a member of the task force at the rates
767769 377
768770 established by the Division of Finance under:
769771 378
770772 (a) Sections 63A-3-106 and 63A-3-107; and
771773 379
772774 (b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
773775 380
774776 63A-3-107.
775777 381
776778 Section 6. Section 53-22-105 is amended to read:
777779 382
778780 53-22-105 . School guardian program.
779781 383
780782 (1) As used in this section:
781783 384
782784 (a) "Annual training" means an annual four-hour training that:
783785 385
784786 (i) a county security chief or a designee administers in coordination with personnel
785787 386
786788 from local law enforcement of relevant jurisdiction as described in Section
787789 387
788790 53-25-601(2)(b);
789791 388
790792 (ii) the state security chief approves;
791793 389
792794 (iii) can be tailored to local needs;
793795 390
794796 (iv) allows an individual to practice and demonstrate firearms proficiency at a
795797 391
796798 firearms range using the firearm the individual carries for self defense and defense
797799 392
798800 of others;
799801 393
800802 (v) includes the following components:
801803 394
802804 (A) firearm safety, including safe storage of a firearm;
803805 395
804806 (B) de-escalation tactics;
805807 396
806808 (C) the role of mental health in incidents; and
807809 397
808810 (D) disability awareness and interactions; and
809811 398
810812 (vi) contains other training needs as determined by the state security chief.
811813 399
812814 (b) "Biannual training" means a twice-yearly training that:
813815 400
814816 (i) is at least four hours, unless otherwise approved by the state security chief;
815817 401
816818 (ii) a county security chief or a designee administers in coordination with personnel
817-- 12 - Enrolled Copy H.B. 40
818819 402
819820 from local law enforcement of relevant jurisdiction as described in Section
821+- 12 - 03-07 15:17 7th Sub. (Lime) H.B. 40
820822 403
821823 53-25-601(2)(b);
822824 404
823825 (iii) the state security chief approves;
824826 405
825827 (iv) can be tailored to local needs; and
826828 406
827829 (v) through which a school guardian at a school or simulated school environment:
828830 407
829831 (A) receives training on the specifics of the building or buildings of the school,
830832 408
831833 including the location of emergency supplies and security infrastructure; and
832834 409
833835 (B) participates in a live-action practice plan with school administrators in
834836 410
835837 responding to active threats at the school; and
836838 411
837839 (vi) shall be taken with at least three months in between the two trainings.
838840 412
839841 (c) "Firearm" means the same as that term is defined in Section 76-10-501.
840842 413
841843 (d) "Initial training" means an in-person training that:
842844 414
843845 (i) a county security chief or a designee administers in coordination with personnel
844846 415
845847 from local law enforcement of relevant jurisdiction as described in Section
846848 416
847849 53-25-601(2)(b);
848850 417
849851 (ii) the state security chief approves;
850852 418
851853 (iii) can be tailored to local needs; and
852854 419
853855 (iv) provides:
854856 420
855857 (A) training on general familiarity with the types of firearms that can be concealed
856858 421
857859 for self-defense and defense of others;
858860 422
859861 (B) training on the safe loading, unloading, storage, and carrying of firearms in a
860862 423
861863 school setting;
862864 424
863865 (C) training at a firearms range with instruction regarding firearms fundamentals,
864866 425
865867 marksmanship, the demonstration and explanation of the difference between
866868 426
867869 sight picture, sight alignment, and trigger control, and a recognized pistol
868870 427
869871 course;
870872 428
871873 (D) current laws dealing with the lawful use of a firearm by a private citizen,
872874 429
873875 including laws on self-defense, defense of others, transportation of firearms,
874876 430
875877 and concealment of firearms;
876878 431
877879 (E) coordination with law enforcement officers in the event of an active threat;
878880 432
879881 (F) basic trauma first aid;
880882 433
881883 (G) the appropriate use of force, emphasizing the de-escalation of force and
882884 434
883885 alternatives to using force;
884886 435
885887 (H) situational response evaluations, including:
886-- 13 - H.B. 40 Enrolled Copy
887888 436
888889 (I) protecting and securing a crime or accident scene;
890+- 13 - 7th Sub. (Lime) H.B. 40 03-07 15:17
889891 437
890892 (II) notifying law enforcement;
891893 438
892894 (III) controlling information; and
893895 439
894896 (IV) other training that the county sheriff, designee, or department deems
895897 440
896898 appropriate.
897899 441
898900 (e) "Program" means the school guardian program created in this section.
899901 442
900902 (f)(i) "School employee" means an employee of a school whose duties and
901903 443
902904 responsibilities require the employee to be physically present at a school's campus
903905 444
904906 while school is in session.
905907 445
906908 (ii) "School employee" does not include a principal, teacher, or individual whose
907909 446
908910 primary responsibilities require the employee to be primarily present in a
909911 447
910912 classroom to teach, care for, or interact with students, unless:
911913 448
912914 (A) the principal, teacher, or individual is employed at a school with [100] 350 or
913915 449
914916 fewer students;
915917 450
916918 (B) the principal, teacher, or individual is employed at a school with adjacent
917919 451
918920 campuses as determined by the state security chief; or
919921 452
920922 (C) as provided in Subsection 53G-8-701.5(3).
921923 453
922924 (g) "School guardian" means a school employee who meets the requirements of
923925 454
924926 Subsection (3).
925927 455
926928 (2)(a)(i) There is created within the department the school guardian program[;] .
927929 456
928930 (ii) [the] The state security chief shall oversee the school guardian program[;] .
929931 457
930932 (iii) [the] The applicable county security chief shall administer the school guardian
931933 458
932934 program in each county.
933935 459
934936 (b) The state security chief shall ensure that the school guardian program includes:
935937 460
936938 (i) initial training;
937939 461
938940 (ii) biannual training; and
939941 462
940942 (iii) annual training.
941943 463
942944 (c) A county sheriff may partner or contract with:
943945 464
944946 (i) another county sheriff to support the respective county security chiefs in jointly
945947 465
946948 administering the school guardian program in the relevant counties; and
947949 466
948950 (ii) a local law enforcement agency of relevant jurisdiction to provide the:
949951 467
950952 (A) initial training;
951953 468
952954 (B) biannual training; and
953955 469
954956 (C) annual training.
955-- 14 - Enrolled Copy H.B. 40
956957 470
957958 (3)(a) A school employee that volunteers to participate is eligible to join the program as
959+- 14 - 03-07 15:17 7th Sub. (Lime) H.B. 40
958960 471
959961 a school guardian if:
960962 472
961963 (i) the school administrator approves the volunteer school employee to be designated
962964 473
963965 as a school guardian;
964966 474
965967 (ii) the school employee satisfactorily completes initial training within six months
966968 475
967969 before the day on which the school employee joins the program;
968970 476
969971 (iii) the school employee holds a valid concealed carry permit issued under [Title 53, ]
970972 477
971973 Chapter 5, Part 7, Concealed Firearm Act;
972974 478
973975 (iv) the school employee certifies to the sheriff of the county where the school is
974976 479
975977 located that the school employee has undergone the training in accordance with
976978 480
977979 Subsection (3)(a)(ii) and intends to serve as a school guardian; and
978980 481
979981 (v) the school employee[ successfully completes a mental health screening selected
980982 482
981983 by the state security chief in collaboration with the Office of Substance Abuse and
982984 483
983985 Mental Health established in Section 26B-5-102.] :
984986 484
985987 (A) completes an initial "fit to carry" assessment the Department of Health and
986988 485
987989 Human Services approves and a provider administers; and
988990 486
989991 (B) maintains compliance with mental health screening requirements consistent
990992 487
991993 with law enforcement standards.
992994 488
993995 (b) After joining the program a school guardian shall complete annual training and
994996 489
995997 biannual training to retain the designation of a school guardian in the program.
996998 490
997999 (4) The state security chief shall:
9981000 491
9991001 (a) for each school that participates in the program, track each school guardian at the
10001002 492
10011003 school by collecting the photograph and the name and contact information for each
10021004 493
10031005 guardian;
10041006 494
10051007 (b) make the information described in Subsection (4)(a) readily available to each law
10061008 495
10071009 enforcement agency in the state categorized by school; and
10081010 496
10091011 (c) provide each school guardian with a one-time stipend of $500.
10101012 497
10111013 (5) A school guardian:
10121014 498
10131015 (a) may store the school guardian's firearm on the grounds of a school only if:
10141016 499
10151017 (i) the firearm is stored in a biometric gun safe;
10161018 500
10171019 (ii) the biometric gun safe is located in the school guardian's office; and
10181020 501
10191021 (iii) the school guardian is physically present on the grounds of the school while the
10201022 502
10211023 firearm is stored in the safe;
10221024 503
10231025 (b) shall carry the school guardian's firearm in a concealed manner; and
1024-- 15 - H.B. 40 Enrolled Copy
10251026 504
10261027 (c) may not, unless during an active threat, display or open carry a firearm while on
1028+- 15 - 7th Sub. (Lime) H.B. 40 03-07 15:17
10271029 505
10281030 school grounds.
10291031 506
10301032 (6) Except as provided in Subsection (5)(c), this section does not prohibit an individual who
10311033 507
10321034 has a valid concealed carry permit but is not participating in the program from carrying a
10331035 508
10341036 firearm on the grounds of a public school or charter school under Subsection 76-10-505.5
10351037 509
10361038 (4).
10371039 510
10381040 (7) A school guardian:
10391041 511
10401042 (a) does not have authority to act in a law enforcement capacity; and
10411043 512
10421044 (b) may, at the school where the school guardian is employed:
10431045 513
10441046 (i) take actions necessary to prevent or abate an active threat; and
10451047 514
10461048 (ii) temporarily detain an individual when the school guardian has reasonable cause
10471049 515
10481050 to believe the individual has committed or is about to commit a forcible felony, as
10491051 516
10501052 that term is defined in Section 76-2-402.
10511053 517
10521054 (8) A school may designate a single volunteer or multiple volunteers to participate in the
10531055 518
10541056 school guardian program to satisfy the school safety personnel requirements of Section
10551057 519
10561058 53G-8-701.5.
10571059 520
10581060 (9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative
10591061 521
10601062 Rulemaking Act, rules to administer this section.
10611063 522
10621064 (10) A school guardian who has active status in the guardian program is not liable for any
10631065 523
10641066 civil damages or penalties if the school guardian:
10651067 524
10661068 (a) when carrying or storing a firearm:
10671069 525
10681070 (i) is acting in good faith; and
10691071 526
10701072 (ii) is not grossly negligent; or
10711073 527 (b) threatens, draws, or otherwise uses a firearm reasonably believing the action to be
10721074 528
10731075 necessary in compliance with Section 76-2-402.
10741076 529
10751077 (11) A school guardian shall file a report described in Subsection (12) if, during the
10761078 530
10771079 performance of the school guardian's duties, the school guardian points a firearm at an
10781080 531
10791081 individual.
10801082 532
10811083 (12)(a) A report described in Subsection (11) shall include:
10821084 533
10831085 (i) a description of the incident;
10841086 534
10851087 (ii) the identification of the individuals involved in the incident; and
10861088 535
10871089 (iii) any other information required by the state security chief.
10881090 536
10891091 (b) A school guardian shall submit a report required under Subsection (11) to the school
10901092 537
10911093 administrator, school safety and security director, and the state security chief within
1092-- 16 - Enrolled Copy H.B. 40
10931094 538
10941095 48 hours after the incident.
1096+- 16 - 03-07 15:17 7th Sub. (Lime) H.B. 40
10951097 539
10961098 (c) The school administrator, school safety and security director, and the state security
10971099 540
10981100 chief shall consult and review the report submitted under Subsection (12)(b).
10991101 541
11001102 (13) The requirements of Subsections (11) and (12) do not apply to a training exercise.
11011103 542
11021104 (14) A school guardian may have the designation of school guardian revoked at any time by
11031105 543
11041106 the school principal, county sheriff, or state security chief.
11051107 544
11061108 (15)(a) Any information or record created detailing a school guardian's participation in
11071109 545
11081110 the program is:
11091111 546
11101112 (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
11111113 547
11121114 Records Access and Management Act; and
11131115 548
11141116 (ii) available only to:
11151117 549
11161118 (A) the state security chief;
11171119 550
11181120 (B) administrators at the school guardian's school;
11191121 551
11201122 (C) if applicable, other school safety personnel described in Section 53G-8-701.5;
11211123 552
11221124 (D) a local law enforcement agency that would respond to the school in case of an
11231125 553
11241126 emergency; and
11251127 554
11261128 (E) the individual designated by the county sheriff in accordance with Section
11271129 555
11281130 53-22-103 of the county of the school where the school guardian in the
11291131 556
11301132 program is located.
11311133 557
11321134 (b) The information or record described in Subsection (15)(a) includes information
11331135 558
11341136 related to the school guardian's identity and activity within the program as described
11351137 559
11361138 in this section and any personal identifying information of a school guardian
11371139 560
11381140 participating in the program collected or obtained during initial training, annual
11391141 561
11401142 training, and biannual training.
11411143 562
11421144 (c) An individual who intentionally or knowingly provides the information described in
11431145 563
11441146 Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is
11451147 564
11461148 guilty of a class B misdemeanor.
11471149 565
11481150 Section 7. Section 53-22-106 is amended to read:
11491151 566
11501152 53-22-106 . Substantial threats against a school reporting requirements --
11511153 567
11521154 Exceptions.
11531155 568
11541156 (1) As used in this section, "substantial threat" means a threat made with serious intent to
11551157 569
11561158 cause harm.
11571159 570
11581160 (2) Except as provided in Subsection (3), if a state employee or person in a position of
11591161 571
11601162 special trust as defined in Section 76-5-404.1, including an individual licensed under
1161-- 17 - H.B. 40 Enrolled Copy
11621163 572
11631164 Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical
1165+- 17 - 7th Sub. (Lime) H.B. 40 03-07 15:17
11641166 573
11651167 Practice Act, has reason to believe a substantial threat against a school, school
11661168 574
11671169 employee, or student attending a school or is aware of circumstances that would
11681170 575
11691171 reasonably result in a substantial threat against a school, school employee, or student
11701172 576
11711173 attending a school, the state employee or person in a position of special trust shall
11721174 577
11731175 immediately report the suspected substantial threat to:
11741176 578
11751177 [(a) the state security chief;]
11761178 579
11771179 [(b)] (a) the local education agency that the substantial threat would impact; [or]
11781180 580
11791181 [(c)] (b) [to ]the nearest peace officer or law enforcement agency[.] ; and
11801182 581
11811183 (c) the state security chief.
11821184 582
11831185 (3)(a)(i) If the state security chief, a peace officer, or law enforcement agency
11841186 583
11851187 receives a report under Subsection (2), the state security chief, peace officer, or
11861188 584
11871189 law enforcement agency shall immediately notify the local education agency that
11881190 585
11891191 the substantial threat would impact.
11901192 586
11911193 (ii) If the local education agency that the substantial threat would impact receives a
11921194 587
11931195 report under Subsection (2), the local education agency that the substantial threat
11941196 588
11951197 would impact shall immediately notify the appropriate local law enforcement
11961198 589
11971199 agency and the state security chief.
11981200 590
11991201 (b)(i) A local education agency that the substantial threat would impact shall
12001202 591
12011203 coordinate with the law enforcement agency on the law enforcement agency's
12021204 592
12031205 investigation of the report described in Subsection (1).
12041206 593
12051207 (ii) If a law enforcement agency undertakes an investigation of a report under
12061208 594
12071209 Subsection (2), the law enforcement agency shall provide a final investigatory
12081210 595
12091211 report to the local education agency that the substantial threat would impact upon
12101212 596
12111213 request.
12121214 597
12131215 (4) Subject to Subsection (5), the reporting requirement described in Subsection (2) does
12141216 598
12151217 not apply to:
12161218 599
12171219 (a) a member of the clergy with regard to any confession an individual makes to the
12181220 600
12191221 member of the clergy while functioning in the ministerial capacity of the member of
12201222 601
12211223 the clergy if:
12221224 602
12231225 (i) the individual made the confession directly to the member of the clergy;
12241226 603
12251227 (ii) the member of the clergy is, under canon law or church doctrine or practice,
12261228 604
12271229 bound to maintain the confidentiality of the confession; and
12281230 605
12291231 (iii) the member of the clergy does not have the consent of the individual making the
1230-- 18 - Enrolled Copy H.B. 40
12311232 606
12321233 confession to disclose the content of the confession; or
1234+- 18 - 03-07 15:17 7th Sub. (Lime) H.B. 40
12331235 607
12341236 (b) an attorney, or an individual whom the attorney employs, if:
12351237 608
12361238 (i) the knowledge or belief of the substantial threat arises from the representation of a
12371239 609
12381240 client; and
12391241 610
12401242 (ii) if disclosure of the substantial threat would not reveal the substantial threat to
12411243 611
12421244 prevent reasonably certain death or substantial bodily harm in accordance with
12431245 612
12441246 Utah Rules of Professional Conduct, Rule 1.6.
12451247 613
12461248 (5)(a) When a member of the clergy receives information about the substantial threat
12471249 614
12481250 from any source other than a confession, the member of the clergy shall report the
12491251 615
12501252 information even if the member of the clergy also received information about the
12511253 616
12521254 substantial threat from the confession of the perpetrator.
12531255 617
12541256 (b) Exemption of the reporting requirement for an individual described in Subsection (4)
12551257 618
12561258 does not exempt the individual from any other actions required by law to prevent
12571259 619
12581260 further substantial threats or actual harm related to the substantial threat.
12591261 620
12601262 (6) The physician-patient privilege does not:
12611263 621
12621264 (a) excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical
12631265 622
12641266 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from
12651267 623
12661268 reporting under this section; or
12671269 624
12681270 (b) constitute grounds for excluding evidence in a judicial or administrative proceeding
12691271 625
12701272 resulting from a report under this section.
12711273 626
12721274 Section 8. Section 53-22-108 is enacted to read:
12731275 627
12741276 53-22-108 . School safety foundation.
12751277 628
12761278 (1) As used in this section:
12771279 629
12781280 (a) "Authorized foundation" means a nonprofit foundation that:
12791281 630
12801282 (i) meets the requirements of this section; and
12811283 631
12821284 (ii) the state security chief authorizes in consultation with the School Safety Center
12831285 632
12841286 created in Section 53G-8-802.
12851287 633
12861288 (b) "School safety product" means equipment, technology, service, or material that
12871289 634
12881290 enhances school safety and security.
12891291 635
12901292 (2) The state security chief may approve a nonprofit foundation to be an authorized
12911293 636
12921294 foundation if the foundation:
12931295 637
12941296 (a) maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);
12951297 638
12961298 (b) has operated continuously in the state for three or more years;
12971299 639
12981300 (c) maintains a primary mission focused on school safety;
1299-- 19 - H.B. 40 Enrolled Copy
13001301 640
13011302 (d) operates under a board of directors that includes:
1303+- 19 - 7th Sub. (Lime) H.B. 40 03-07 15:17
13021304 641
13031305 (i) a law enforcement representative;
13041306 642
13051307 (ii) an educator or school administrator; and
13061308 643
13071309 (iii) an emergency management professional;
13081310 644
13091311 (e) demonstrates financial stability through:
13101312 645
13111313 (i) an annual independent audit;
13121314 646
13131315 (ii) maintained reserves; and
13141316 647
13151317 (iii) a clean financial record; and
13161318 648
13171319 (f) provides evidence of:
13181320 649
13191321 (i) successful project management;
13201322 650
13211323 (ii) an existing relationship with an educational institution; and
13221324 651
13231325 (iii) knowledge of school safety requirements described in federal and state law.
13241326 652
13251327 (3) A foundation seeking authorization shall submit to the state security chief:
13261328 653
13271329 (a) a written application that demonstrates compliance with Subsection (2);
13281330 654
13291331 (b) a financial record for the previous three years;
13301332 655
13311333 (c) a current board member qualification;
13321334 656
13331335 (d) a proposed school safety initiative; and
13341336 657
13351337 (e) an internal procurement policy for purchases not made from a state cooperative
13361338 658
13371339 contract.
13381340 659
13391341 (4) The state security chief shall:
13401342 660
13411343 (a) review an application within 60 days;
13421344 661
13431345 (b) request additional information if needed;
13441346 662
13451347 (c) issue a written decision; and
13461348 663
13471349 (d) maintain a public record of an authorized foundation, including records related to the
13481350 664
13491351 approval process of an authorized foundation.
13501352 665
13511353 (5) An authorized foundation may:
13521354 666
13531355 (a) use a state cooperative contract in accordance with Section 63G-6a-2105;
13541356 667
13551357 (b) make a bulk purchase of a school safety product; and
13561358 668
13571359 (c) in coordination with the state security chief and the School Safety Center:
13581360 669
13591361 (i) facilitate a donation of a school safety product; and
13601362 670
13611363 (ii) distribute a product to a school.
13621364 671
13631365 (6) An authorized foundation shall:
13641366 672
13651367 (a) follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state
13661368 673
13671369 cooperative contract;
1368-- 20 - Enrolled Copy H.B. 40
13691370 674
13701371 (b) maintain separate accounting for a school safety purchase;
1372+- 20 - 03-07 15:17 7th Sub. (Lime) H.B. 40
13711373 675
13721374 (c) by August 1 of each year, submit an annual report to the state security chief that
13731375 676
13741376 includes:
13751377 677
13761378 (i) any product procured through a state cooperative contract;
13771379 678
13781380 (ii) the annual independent audit required in Subsection (2)(e);
13791381 679
13801382 (iii) all schools served;
13811383 680
13821384 (iv) the total value of a donation facilitated; and
13831385 681
13841386 (v) a compliance certification; and
13851387 682
13861388 (d) renew authorization every three years.
13871389 683
13881390 (7) The state security chief:
13891391 684
13901392 (a) may revoke authorization if the authorized foundation:
13911393 685
13921394 (i) fails to maintain a requirement of this section;
13931395 686
13941396 (ii) engages in financial mismanagement; or
13951397 687
13961398 (iii) submits false information in a report required by this section; and
13971399 688
13981400 (b) shall, before revoking authorization:
13991401 689
14001402 (i) provide written notice to the foundation;
14011403 690
14021404 (ii) allow a 30-day period to remedy the violation;
14031405 691
14041406 (iii) provide an opportunity for a hearing; and
14051407 692
14061408 (iv) issue a final written decision.
14071409 693
14081410 (8) Authorization under this section does not:
14091411 694
14101412 (a) create state liability;
14111413 695
14121414 (b) imply state endorsement;
14131415 696
14141416 (c) override a local procurement requirement; and
14151417 697
14161418 (d) exempt the foundation from an applicable law.
14171419 698
14181420 Section 9. Section 53-22-109 is enacted to read:
14191421 699
14201422 53-22-109 . School safety -- Compliance.
14211423 700
14221424 (1) As used in this section:
14231425 701
14241426 (a) "Compliance issue" means a violation of a school safety requirement under:
14251427 702
14261428 (i) this chapter; or
14271429 703
14281430 (ii) rules established in accordance with this chapter.
14291431 704
14301432 (b) "Tiered system of support" means an escalating system of:
14311433 705
14321434 (i) technical assistance;
14331435 706
14341436 (ii) intervention; and
14351437 707
14361438 (iii) corrective action.
1437-- 21 - H.B. 40 Enrolled Copy
14381439 708
14391440 (2) The state security chief shall, in collaboration with the School Safety Center:
1441+- 21 - 7th Sub. (Lime) H.B. 40 03-07 15:17
14401442 709
14411443 (a) establish a tiered system of support for a compliance issue;
14421444 710
14431445 (b) develop implementation procedures for the system; and
14441446 711
14451447 (c) define criteria for:
14461448 712
14471449 (i) evaluating a compliance issue;
14481450 713
14491451 (ii) assigning an appropriate tier; and
14501452 714
14511453 (iii) monitoring progress.
14521454 715
14531455 (3) In establishing the system under Subsection (2), the state security chief and School
14541456 716
14551457 Safety Center shall consider:
14561458 717
14571459 (a) severity of the compliance issue;
14581460 718
14591461 (b) risk to student and staff safety;
14601462 719
14611463 (c) available technical assistance resources;
14621464 720
14631465 (d) local education agency capacity; and
14641466 721
14651467 (e) required corrective action timelines.
14661468 722
14671469 Section 10. Section 53-25-601 is enacted to read:
14681470 723
14691471
14701472 Part 6. Requirements for School Safety
14711473 724
14721474 53-25-601 . Requirements for school safety.
14731475 725
14741476 (1) As used in this section:
14751477 726
14761478 (a) "Local law enforcement agency" means the law enforcement agency with primary
14771479 727
14781480 jurisdiction over a school's physical location.
14791481 728
14801482 (b) "School safety needs assessment" means the assessment required under Section
14811483 729
14821484 53G-8-701.5.
14831485 730
14841486 (c) "Security camera system" means the system described in Section 53G-8-805.
14851487 731
14861488 (2) Each local law enforcement agency shall:
14871489 732
14881490 (a) as coordinated with the county security chief described in Section 53-22-103,
14891491 733
14901492 allocate adequate personnel to participate in the school safety needs assessments with
14911493 734
14921494 a school's school safety and security specialist as required by Section 53G-8-701.5
14931495 735
14941496 for each school within the local law enforcement's jurisdiction;
14951497 736
14961498 (b) if a school within the local law enforcement agency's jurisdiction elects to satisfy the
14971499 737
14981500 requirements described in Subsection 53G-8-701.5(2)(a)(ii) by employing school
14991501 738
15001502 guardians, assign adequate personnel time as the county security chief determines to
15011503 739
15021504 assist the county security chief in administering the trainings required under Section
15031505 740
15041506 53-22-105;
15051507 741
15061508 (c) ensure the school safety and security specialist for each school has all relevant
1507-- 22 - Enrolled Copy H.B. 40
15081509 742
15091510 information collected by the county security chief or the local law enforcement
1511+- 22 - 03-07 15:17 7th Sub. (Lime) H.B. 40
15101512 743
15111513 agency to submit the completed assessments to the School Safety Center created in
15121514 744
15131515 Section 53G-8-802 by October 15 of each year;
15141516 745
15151517 (d) coordinate with each school within the local law enforcement's jurisdiction to obtain
15161518 746
15171519 and maintain access to school security camera systems as described in Section
15181520 747
15191521 53G-8-805; and
15201522 748
15211523 (e) coordinate with the relevant county security chiefs as specified in Sections 53-22-103
15221524 749
15231525 and 53-22-105.
15241526 750
15251527 Section 11. Section 53B-28-401 is amended to read:
15261528 751
15271529 53B-28-401 . Campus safety plans and training -- Institution duties -- Governing
15281530 752
15291531 board duties.
15301532 753
15311533 (1) As used in this section:
15321534 754
15331535 (a) "Covered offense" means:
15341536 755
15351537 (i) sexual assault;
15361538 756
15371539 (ii) domestic violence;
15381540 757
15391541 (iii) dating violence; or
15401542 758
15411543 (iv) stalking.
15421544 759
15431545 (b) "Institution" means an institution of higher education described in Section 53B-1-102.
15441546 760
15451547 (c) "Student organization" means a club, group, sports team, fraternity or sorority, or
15461548 761
15471549 other organization:
15481550 762
15491551 (i) of which the majority of members is composed of students enrolled in an
15501552 763
15511553 institution; and
15521554 764
15531555 (ii)(A) that is officially recognized by the institution; or
15541556 765
15551557 (B) seeks to be officially recognized by the institution.
15561558 766
15571559 (2) An institution shall develop a campus safety plan that addresses:
15581560 767
15591561 (a) where an individual can locate the institution's policies and publications related to a
15601562 768
15611563 covered offense;
15621564 769
15631565 (b) institution and community resources for a victim of a covered offense;
15641566 770
15651567 (c) the rights of a victim of a covered offense, including the measures the institution
15661568 771
15671569 takes to ensure, unless otherwise provided by law, victim confidentiality throughout
15681570 772
15691571 all steps in the reporting and response to a covered offense;
15701572 773
15711573 (d) how the institution informs the campus community of a crime that presents a threat
15721574 774
15731575 to the campus community;
15741576 775
15751577 (e) availability, locations, and methods for requesting assistance of security personnel on
1576-- 23 - H.B. 40 Enrolled Copy
15771578 776
15781579 the institution's campus;
1580+- 23 - 7th Sub. (Lime) H.B. 40 03-07 15:17
15791581 777
15801582 (f) guidance on how a student may contact law enforcement for incidents that occur off
15811583 778
15821584 campus;
15831585 779
15841586 (g) institution efforts related to increasing campus safety, including efforts related to the
15851587 780
15861588 institution's increased response in providing services to victims of a covered offense,
15871589 781
15881590 that:
15891591 782
15901592 (i) the institution made in the preceding 18 months; and
15911593 783
15921594 (ii) the institution expects to make in the upcoming 24 months;
15931595 784
15941596 (h) coordination and communication between institution resources and organizations,
15951597 785
15961598 including campus law enforcement;
15971599 786
15981600 (i) institution coordination with local law enforcement or community resources,
15991601 787
16001602 including coordination related to a student's safety at an off-campus location; and
16011603 788
16021604 (j) how the institution requires a student organization to provide the campus safety
16031605 789
16041606 training as described in Subsection (5).
16051607 790
16061608 (3) An institution shall:
16071609 791
16081610 (a) prominently post the institution's campus safety plan on the institution's website and
16091611 792
16101612 each of the institution's campuses; and
16111613 793
16121614 (b) annually update the institution's campus safety plan.
16131615 794
16141616 (4) An institution shall develop a campus safety training curriculum that addresses:
16151617 795
16161618 (a) awareness and prevention of covered offenses, including information on institution
16171619 796
16181620 and community resources for a victim of a covered offense;
16191621 797
16201622 (b) bystander intervention; and
16211623 798
16221624 (c) sexual consent.
16231625 799
16241626 (5) An institution shall require a student organization, in order for the student organization
16251627 800
16261628 to receive or maintain official recognition by the institution, to annually provide campus
16271629 801
16281630 safety training, using the curriculum described in Subsection (4), to the student
16291631 802
16301632 organization's members.
16311633 803
16321634 [(6) An institution shall report annually to the Education Interim Committee and the Law
16331635 804
16341636 Enforcement and Criminal Justice Interim Committee, at or before the committees'
16351637 805
16361638 November meetings, on crime statistics aggregated by housing facility as described in
16371639 806
16381640 Subsection 53B-28-403(2).]
16391641 807
16401642 Section 12. Section 53B-28-403 is amended to read:
16411643 808
16421644 53B-28-403 . Student housing crime reporting.
16431645 809
16441646 (1) As used in this section:
1645-- 24 - Enrolled Copy H.B. 40
16461647 810
16471648 (a) "Campus law enforcement" means an institution's police department.
1649+- 24 - 03-07 15:17 7th Sub. (Lime) H.B. 40
16481650 811
16491651 (b) "Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec.
16501652 812
16511653 668.46(c)(1) that are reported to a local police agency or campus law enforcement,
16521654 813
16531655 listed by type of crime.
16541656 814
16551657 (c) "Institution" means an institution of higher education described in Section 53B-2-101.
16561658 815
16571659 (d)(i) "Institution noncampus housing facility" means a building or property that:
16581660 816
16591661 (A) is used for housing students;
16601662 817
16611663 (B) is not part of the institution's campus; and
16621664 818
16631665 (C) the institution owns, manages, controls, or leases;
16641666 819
16651667 (ii) "Institution noncampus housing facility" includes real property that is adjacent to,
16661668 820
16671669 and is used in direct support of, the building or property described in Subsection
16681670 821
16691671 (1)(d)(i).
16701672 822
16711673 (e) "Local law enforcement agency" means a state or local law enforcement agency
16721674 823
16731675 other than campus law enforcement.
16741676 824
16751677 (f)(i) "On-campus housing facility" means a building or property that is:
16761678 825
16771679 (A) used for housing students; and
16781680 826
16791681 (B) part of the institution's campus.
16801682 827
16811683 (ii) "On-campus housing facility" includes real property that is:
16821684 828
16831685 (A) adjacent to the on-campus housing facility; and
16841686 829
16851687 (B) used in direct support of the on-campus housing facility.
16861688 830
16871689 (g) "Student housing" means:
16881690 831
16891691 (i) an institution noncampus housing facility;
16901692 832
16911693 (ii) an on-campus housing facility; or
16921694 833
16931695 (iii) a student organization noncampus housing facility.
16941696 834
16951697 (h) "Student organization" means the same as that term is defined in Section 53B-28-401.
16961698 835
16971699 (i) "Student organization noncampus housing facility" means a building or property that:
16981700 836
16991701 (i) is used for housing students;
17001702 837
17011703 (ii) is not part of the institution's campus; and
17021704 838
17031705 (iii)(A) a student organization owns, manages, controls, or leases; or
17041706 839
17051707 (B) is real property that is adjacent to the student organization noncampus housing
17061708 840
17071709 facility and is used in direct support of the noncampus housing facility.
17081710 841
17091711 (2) An institution with the types of housing facilities described in this Subsection (2) shall:
17101712 842
17111713 (a) create a report of crime statistics aggregated by:
17121714 843
17131715 (i) on-campus housing facility, identified and listed individually using the institution's
1714-- 25 - H.B. 40 Enrolled Copy
17151716 844
17161717 system for inventorying institution facilities;
1718+- 25 - 7th Sub. (Lime) H.B. 40 03-07 15:17
17171719 845
17181720 (ii) institution noncampus housing facility, identified and listed individually using the
17191721 846
17201722 institution's system for inventorying institution facilities; and
17211723 847
17221724 (iii) student organization noncampus housing facilities, identified and listed
17231725 848
17241726 individually using the institution's system for identifying student organization
17251727 849
17261728 noncampus housing facilities; and
17271729 850
17281730 (b) [include the report described in Subsection (2)(a) in the report described in
17291731 851
17301732 Subsection 53B-28-401(6).] report annually to the Education Interim Committee and
17311733 852
17321734 the Law Enforcement and Criminal Justice Interim Committee, at or before the
17331735 853
17341736 committee's November meetings, on crime statistics aggregated by housing facility
17351737 854
17361738 as described in Subsection(2)(a).
17371739 855
17381740 (3) An institution that does not have the types of housing described in Subsection (2) shall
17391741 856
17401742 report the crime statistics as required by 20 U.S.C. Section 1092(f), the Jeanne Clery
17411743 857
17421744 Disclosure of Campus Security Policy and Campus Crime Statistics Act, to the entities
17431745 858
17441746 specified in Subsection (2).
17451747 859
17461748 (4) Upon request from an institution, a local law enforcement agency shall provide to the
17471749 860
17481750 institution crime statistics for each student housing facility over which the local law
17491751 861
17501752 enforcement agency has jurisdiction.
17511753 862
17521754 [(4)] (5) Except as provided in Section 53B-28-303, when campus law enforcement receives
17531755 863
17541756 a complaint or report of a crime that campus law enforcement reasonably determines
17551757 864
17561758 occurred outside of campus law enforcement's jurisdiction, campus law enforcement
17571759 865
17581760 shall share any record of the complaint or report with the local law enforcement agency
17591761 866
17601762 with jurisdiction.
17611763 867
17621764 Section 13. Section 53E-1-201 is amended to read:
17631765 868
17641766 53E-1-201 . Reports to and action required of the Education Interim Committee.
17651767 869
17661768 (1) In accordance with applicable provisions and Section 68-3-14, the following recurring
17671769 870
17681770 reports are due to the Education Interim Committee:
17691771 871
17701772 (a) the report described in Section 9-22-109 by the STEM Action Center Board,
17711773 872
17721774 including the information described in Section 9-22-113 on the status of the computer
17731775 873
17741776 science initiative and Section 9-22-114 on the Computing Partnerships Grants
17751777 874
17761778 Program;
17771779 875
17781780 (b) the prioritized list of data research described in Section 53B-33-302 and the report on
17791781 876
17801782 research and activities described in Section 53B-33-304 by the Utah Data Research
17811783 877
17821784 Center;
1783-- 26 - Enrolled Copy H.B. 40
17841785 878
17851786 (c) the report described in Section 53B-1-402 by the Utah Board of Higher Education on
1787+- 26 - 03-07 15:17 7th Sub. (Lime) H.B. 40
17861788 879
17871789 career and technical education issues and addressing workforce needs;
17881790 880
17891791 (d) the annual report of the Utah Board of Higher Education described in Section
17901792 881
17911793 53B-1-402;
17921794 882
17931795 (e) the reports described in Section [53B-28-401] 53B-28-403 by the Utah Board of
17941796 883
17951797 Higher Education regarding activities related to campus safety;
17961798 884
17971799 (f) the State Superintendent's Annual Report by the state board described in Section
17981800 885
17991801 53E-1-203;
18001802 886
18011803 (g) the annual report described in Section 53E-2-202 by the state board on the strategic
18021804 887
18031805 plan to improve student outcomes;
18041806 888
18051807 (h) the report described in Section 53E-8-204 by the state board on the Utah Schools for
18061808 889
18071809 the Deaf and the Blind;
18081810 890
18091811 (i) the report described in Section 53E-10-703 by the Utah Leading through Effective,
18101812 891
18111813 Actionable, and Dynamic Education director on research and other activities;
18121814 892
18131815 (j) the report described in Section 53F-2-522 regarding mental health screening
18141816 893
18151817 programs;
18161818 894
18171819 (k) the report described in Section 53F-4-203 by the state board and the independent
18181820 895
18191821 evaluator on an evaluation of early interactive reading software;
18201822 896
18211823 (l) the report described in Section 63N-20-107 by the Governor's Office of Economic
18221824 897
18231825 Opportunity on UPSTART;
18241826 898
18251827 (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
18261828 899
18271829 related to grants for professional learning and grants for an elementary teacher
18281830 900
18291831 preparation assessment;
18301832 901
18311833 (n) upon request, the report described in Section 53F-5-219 by the state board on the
18321834 902
18331835 Local Innovations Civics Education Pilot Program;
18341836 903
18351837 (o) the report described in Section 53F-5-405 by the state board regarding an evaluation
18361838 904
18371839 of a partnership that receives a grant to improve educational outcomes for students
18381840 905
18391841 who are low income;
18401842 906
18411843 (p) the report described in Section 53B-35-202 regarding the Higher Education and
18421844 907
18431845 Corrections Council;
18441846 908
18451847 (q) the report described in Section 53G-7-221 by the state board regarding innovation
18461848 909
18471849 plans;
18481850 910
18491851 (r) the reports described in Section 53F-6-412 regarding the Utah Fits All Scholarship
18501852 911
18511853 Program.
1852-- 27 - H.B. 40 Enrolled Copy
18531854 912
18541855 (2) In accordance with applicable provisions and Section 68-3-14, the following occasional
1856+- 27 - 7th Sub. (Lime) H.B. 40 03-07 15:17
18551857 913
18561858 reports are due to the Education Interim Committee:
18571859 914
18581860 (a) in 2027, 2030, 2033, and 2035, the reports described in Sections 53B-1-116,
18591861 915
18601862 53B-1-117, and 53B-1-118;
18611863 916
18621864 (b) if required, the report described in Section 53E-4-309 by the state board explaining
18631865 917
18641866 the reasons for changing the grade level specification for the administration of
18651867 918
18661868 specific assessments;
18671869 919
18681870 (c) if required, the report described in Section 53E-5-210 by the state board of an
18691871 920
18701872 adjustment to the minimum level that demonstrates proficiency for each statewide
18711873 921
18721874 assessment;
18731875 922
18741876 (d) the report described in Section 53E-10-702 by Utah Leading through Effective,
18751877 923
18761878 Actionable, and Dynamic Education;
18771879 924
18781880 (e) if required, the report described in Section 53F-2-513 by the state board evaluating
18791881 925
18801882 the effects of salary bonuses on the recruitment and retention of effective teachers in
18811883 926
18821884 high poverty schools;
18831885 927
18841886 (f) upon request, a report described in Section 53G-7-222 by an LEA regarding
18851887 928
18861888 expenditure of a percentage of state restricted funds to support an innovative
18871889 929
18881890 education program;
18891891 930
18901892 (g) the reports described in Section 53G-11-304 by the state board regarding proposed
18911893 931
18921894 rules and results related to educator exit surveys; and
18931895 932
18941896 (h) the report described in Section 26B-5-113 by the Office of Substance Use and
18951897 933
18961898 Mental Health, the state board, and the Department of Health and Human Services
18971899 934
18981900 regarding recommendations related to Medicaid reimbursement for school-based
18991901 935
19001902 health services.
19011903 936
19021904 Section 14. Section 53G-5-202 is amended to read:
19031905 937
19041906 53G-5-202 . Status and powers of State Charter School Board.
19051907 938
19061908 (1) The State Charter School Board may:
19071909 939
19081910 (a) enter into contracts;
19091911 940
19101912 (b) sue and be sued; and
19111913 941
19121914 (c)(i) at the discretion of the charter school, provide administrative services to, or
19131915 942
19141916 perform other school functions for, charter schools authorized by the State Charter
19151917 943
19161918 School Board; and
19171919 944
19181920 (ii) charge fees for the provision of services or functions.
19191921 945
19201922 (2) The state board shall:
1921-- 28 - Enrolled Copy H.B. 40
19221923 946
19231924 (a) approve the State Charter School Board's annual budget; and
1925+- 28 - 03-07 15:17 7th Sub. (Lime) H.B. 40
19241926 947
19251927 (b) otherwise grant autonomy to the State Charter School Board to manage the State
19261928 948
19271929 Charter School Board's budget.
19281930 949
19291931 (3) The State Charter School Board shall assign an existing employee to be the charter
19301932 950
19311933 liaison described in Section 53G-8-802.
19321934 951
19331935 (4) The charter school liaison described in Section 53G-8-802 shall coordinate with a safety
19341936 952
19351937 liaison from each authorizer to provide required trainings, information, and other
19361938 953
19371939 relevant school safety needs as the School Safety Center determines.
19381940 954
19391941 Section 15. Section 53G-5-205 is amended to read:
19401942 955
19411943 53G-5-205 . Charter school authorizers -- Power and duties -- Charter
19421944 956
19431945 application minimum standard.
19441946 957
19451947 (1) The following entities are eligible to authorize charter schools:
19461948 958
19471949 (a) the State Charter School Board;
19481950 959
19491951 (b) a local school board; or
19501952 960
19511953 (c) an institution of higher education board of trustees, as that term is defined in Section
19521954 961
19531955 53G-5-102.
19541956 962
19551957 (2) A charter school authorizer shall:
19561958 963
19571959 (a) authorize and promote the establishment of charter schools;
19581960 964
19591961 (b) before an application for charter school authorization is submitted to a charter school
19601962 965
19611963 authorizer, review and evaluate the proposal to support and strengthen the charter
19621964 966
19631965 school authorization proposal;
19641966 967
19651967 (c) review and evaluate the performance of charter schools authorized by the authorizer
19661968 968
19671969 and hold a charter school accountable for the performance measures established in
19681970 969
19691971 the charter school's charter agreement;
19701972 970
19711973 (d) assist charter schools in understanding and carrying out the charter school's charter
19721974 971
19731975 obligations; [and]
19741976 972
19751977 (e) provide technical support to charter schools and persons seeking to establish charter
19761978 973
19771979 schools by:
19781980 974
19791981 (i) identifying and promoting successful charter school models;
19801982 975
19811983 (ii) facilitating the application and approval process for charter school authorization;
19821984 976
19831985 or
19841986 977
19851987 (iii) directing charter schools and persons seeking to establish charter schools to
19861988 978
19871989 sources of funding and support[.] ; and
19881990 979
19891991 (f) designate an existing employee to coordinate with the charter school liaison
1990-- 29 - H.B. 40 Enrolled Copy
19911992 980
19921993 described in Section 53G-5-202.
1994+- 29 - 7th Sub. (Lime) H.B. 40 03-07 15:17
19931995 981
19941996 (3) A charter school authorizer may:
19951997 982
19961998 (a) make recommendations to the Legislature on legislation pertaining to charter schools;
19971999 983
19982000 (b) make recommendations to the state board on charter school rules and charter school
19992001 984
20002002 funding; or
20012003 985
20022004 (c) provide technical support, as requested, to another charter school authorizer relating
20032005 986
20042006 to charter schools.
20052007 987
20062008 (4) Within 60 days after the day on which an authorizer approves an application for a new
20072009 988
20082010 charter school, the state board may direct an authorizer to do the following if the
20092011 989
20102012 authorizer or charter school applicant failed to follow statutory or state board rule
20112013 990
20122014 requirements made in accordance with Title 63G, Chapter 3, Utah Administrative
20132015 991
20142016 Rulemaking Act:
20152017 992
20162018 (a) reconsider the authorizer's approval of an application for a new charter school; and
20172019 993
20182020 (b) correct deficiencies in the charter school application or authorizer's application
20192021 994
20202022 process as described in statute or state board rule, made in accordance with Title
20212023 995
20222024 63G, Chapter 3, Utah Administrative Rulemaking Act, before approving the new
20232025 996
20242026 application.
20252027 997
20262028 (5) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
20272029 998
20282030 Rulemaking Act, make rules establishing minimum standards that a charter school
20292031 999
20302032 authorizer is required to apply whenevaluating a charter school application.
20312033 1000
20322034 (6) The minimum standards described in Subsection (5) shall include:
20332035 1001
20342036 (a) reasonable consequences for an authorizer that fails to comply with statute or state
20352037 1002
20362038 board rule;
20372039 1003
20382040 (b) a process for an authorizer to review:
20392041 1004
20402042 (i) the skill and expertise of a proposed charter school's governing board; and
20412043 1005
20422044 (ii) the functioning operation of the charter school governing board of an authorized
20432045 1006
20442046 charter school;
20452047 1007
20462048 (c) a process for an authorizer to review the financial viability of a proposed charter
20472049 1008
20482050 school and of an authorized charter school;
20492051 1009
20502052 (d) a process to evaluate:
20512053 1010
20522054 (i) how well an authorizer's authorized charter school complies with the charter
20532055 1011
20542056 school's charter agreement;
20552057 1012
20562058 (ii) whether an authorizer's authorized charter school maintains reasonable academic
20572059 1013
20582060 and education standards; and
2059-- 30 - Enrolled Copy H.B. 40
20602061 1014
20612062 (iii) standards that an authorizer is required to meet to demonstrate the authorizer's
2063+- 30 - 03-07 15:17 7th Sub. (Lime) H.B. 40
20622064 1015
20632065 capacity to oversee and evaluate the charter schools the authorizer authorizes.
20642066 1016
20652067 Section 16. Section 53G-8-102 is amended to read:
20662068 1017
20672069 53G-8-102 . Definitions.
20682070 1018
20692071 [Reserved] As used in this chapter:
20702072 1019
20712073 (1) "Climate" means the perceptions and experiences of students, staff, parents, and the
20722074 1020
20732075 community regarding the school's environment and the resources that support the
20742076 1021
20752077 experiences.
20762078 1022
20772079 (2) "Culture" means the beliefs, values, and practices that shape how a school functions and
20782080 1023
20792081 influences student learning and well-being through policies, procedures, and safety
20802082 1024
20812083 protocols.
20822084 1025
20832085 (3) "K-12 School Campus" means an LEA governed property or building where K-12
20842086 1026
20852087 students gather daily for instructional purposes and has an assigned administrator.
20862088 1027
20872089 (4) "Physical Space" means the way in which a building is designed and structured to
20882090 1028
20892091 promote safety including the minimum safety and security standards as described in
20902092 1029
20912093 Section 53-22-102.
20922094 1030
2093-(5) "School safety" means the physical space, culture, and climate of a school.
2095+(5) "School safety means" the physical space, culture, and climate of a school.
20942096 1031
20952097 Section 17. Section 53G-8-701 is amended to read:
20962098 1032
20972099 53G-8-701 . Definitions.
20982100 1033
20992101 As used in this part:
21002102 1034
21012103 (1) "Armed school security guard" means the same as that term is defined in Section [
21022104 1035
21032105 53G-8-804] 53G-8-704.
21042106 1036
21052107 (2) "County security chief" means the same as that term is defined in Section 53-22-101.
21062108 1037
21072109 (3) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.
21082110 1038
21092111 (4) "Public school" means the same as that term is defined in Section 53G-9-205.1.
21102112 1039
21112113 (5) "School guardian" means the same as that term is defined in Section 53-22-106.
21122114 1040
21132115 (6) "School is in session" means the same as that term is defined in Section 53E-3-516.
21142116 1041
21152117 (7) "School resource officer" means a law enforcement officer, as defined in Section
21162118 1042
21172119 53-13-103, who contracts with or whose law enforcement agency contracts with an LEA
21182120 1043
21192121 to provide law enforcement services for the LEA.
21202122 1044
21212123 (8) "School safety and security director" means an individual whom an LEA designates in
21222124 1045
21232125 accordance with Section 53G-8-701.8.
21242126 1046
21252127 (9) "School safety and security specialist" means a school employee designated under
21262128 1047
21272129 Section 53G-8-701.6 who is responsible for supporting school safety initiatives.
2128-- 31 - H.B. 40 Enrolled Copy
21292130 1048
21302131 (10) "School [safety center"] Safety Center" means the same as that term is defined in
2132+- 31 - 7th Sub. (Lime) H.B. 40 03-07 15:17
21312133 1049
21322134 Section 53G-8-801.
21332135 1050
21342136 (11) "State security chief" means the same as that term is defined in Section 53-22-101.
21352137 1051
21362138 Section 18. Section 53G-8-701.5 is amended to read:
21372139 1052
21382140 53G-8-701.5 . School safety needs assessment -- School safety personnel --
21392141 1053
21402142 Alternative requirements.
21412143 1054
2142-(1)(a) [No] In accordance with Subsections (1)(c) through (e), no later than [December
2144+(1)(a) In accordance with Subsections (1)(c) through (e), [No] no later than [December
21432145 1055
21442146 31, 2024] October 15 of an applicable year, an LEA shall:
21452147 1056
21462148 (i) ensure a school safety needs assessment the state security chief selects in
21472149 1057
21482150 collaboration with the school safety center is conducted in accordance with
21492151 1058
21502152 Subsection (1)(b) for each school or K-12 campus within the LEA to determine
21512153 1059
21522154 the needs and deficiencies regarding:
21532155 1060
21542156 (A) appropriate school safety personnel, including necessary supports, training,
21552157 1061
21562158 and policy creation for the personnel;
21572159 1062
21582160 (B) physical building security and safety, including required upgrades to facilities
21592161 1063
21602162 and safety technology[; and] ;
21612163 1064
21622164 (C) a school's current threat and emergency response protocols, including any
21632165 1065
21642166 emergency response agreements with local law enforcement;
21652167 1066
21662168 (D) cardiac emergency preparedness, including an inventory of whether
21672169 1067
21682170 automated external defibrillators are present and accessible, maintenance
21692171 1068
21702172 status, and current staff training offerings; and
21712173 1069
21722174 (E) compliance with universal access key box requirements under Section
21732175 1070
21742176 53G-8-805; and
21752177 1071
21762178 (ii) report the results of the school safety needs assessment for each school within the
21772179 1072
21782180 LEA to the state security chief and the School Safety Center.
21792181 1073
21802182 (b)(i) The school safety specialist described in Section 53G-8-701.6, in collaboration
21812183 1074
21822184 with the county security chief[ or designee described in Section 53-22-103] , and
21832185 1075
21842186 with the local law enforcement of relevant jurisdiction over the school as
21852187 1076
21862188 described in Section 53-25-601, shall conduct the school safety needs assessment
21872189 1077
21882190 for each school.
21892191 1078
21902192 (ii) A school safety and security director may fulfill the role of a school safety and
21912193 1079
21922194 security specialist in conducting the school safety needs assessment.
21932195 1080
21942196 [(c) In collaboration with the School Safety Center described in Section 53G-8-802, the
21952197 1081
21962198 state security chief described in Section 53-22-102 shall create a school safety needs
2197-- 32 - Enrolled Copy H.B. 40
21982199 1082
21992200 assessment that an LEA shall use to ensure compliance with this Subsection (1).]
2201+- 32 - 03-07 15:17 7th Sub. (Lime) H.B. 40
22002202 1083
22012203 (c) The school safety needs assessment required under Subsection (1)(a)(i) shall be
22022204 1084
22032205 conducted at least once every three years for each school or K-12 campus.
22042206 1085
22052207 (d) An LEA may implement a rotating or staggered schedule for conducting school
22062208 1086
22072209 safety needs assessments among the buildings within the LEA, provided that:
22082210 1087
22092211 (i) each school within a K-12 campus is assessed at least once every three years; and
22102212 1088
22112213 (ii) the LEA documents the rotating or staggered assessment schedule and shares this
22122214 1089
22132215 schedule with the state security chief, the School Safety Center, the county
22142216 1090
22152217 security chief, and the local law enforcement of relevant jurisdiction as described
22162218 1091
22172219 in Section 53-25-601.
22182220 1092
22192221 (e) The LEA shall update the assessment schedule as necessary to ensure compliance
22202222 1093
22212223 with the three-year assessment requirement under Subsection (1)(c).
22222224 1094
22232225 [(d)] (f) The state board shall use the results of the school safety needs assessment for
22242226 1095
22252227 each school within an LEA to award a grant to an LEA in accordance with Section
22262228 1096
22272229 53F-5-220.
22282230 1097
22292231 [(e)] (g) Any information or record detailing a school's needs assessment results is:
22302232 1098
22312233 (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government
22322234 1099
22332235 Records Access and Management Act; and
22342236 1100
22352237 (ii) available only to:
22362238 1101
22372239 (A) the state security chief;
22382240 1102
22392241 (B) the School Safety Center;
22402242 1103
22412243 (C) members of an LEA governing board;
22422244 1104
22432245 (D) administrators of the LEA and school the needs assessment concerns;
22442246 1105
22452247 (E) only to the extent necessary to award a grant under Section 53F-5-220, the
22462248 1106
22472249 state board;
22482250 1107
22492251 (F) the applicable school safety personnel described in Subsection (2);
22502252 1108
22512253 (G) a local law enforcement agency that would respond to the school in case of an
22522254 1109
22532255 emergency; and
22542256 1110
22552257 (H) the county security chief.
22562258 1111
22572259 [(f)] (h) An individual who intentionally or knowingly provides the information
22582260 1112
22592261 described in Subsection [(1)(e)] (1)(g) to an individual or entity not listed in
22602262 1113
22612263 Subsection [(1)(e)(ii)] (1)(g)(ii) is guilty of a class B misdemeanor.
22622264 1114
22632265 (2)(a) An LEA shall ensure each school within the LEA has the following school safety
22642266 1115
22652267 personnel:
2266-- 33 - H.B. 40 Enrolled Copy
22672268 1116
22682269 (i) a school safety and security specialist described in Section 53G-8-701.6; and
2270+- 33 - 7th Sub. (Lime) H.B. 40 03-07 15:17
22692271 1117
22702272 (ii) based on the results of the needs assessment described in Subsection (1), at least
22712273 1118
22722274 one of the following:
22732275 1119
22742276 (A) a school resource officer;
22752277 1120
22762278 (B) a school guardian; or
22772279 1121
22782280 (C) an armed school security guard.
22792281 1122
22802282 (b) In addition to the school safety personnel described in Subsection (2)(a), an LEA
22812283 1123
22822284 shall designate a school safety and security director described in Section 53G-8-701.8.
22832285 1124
22842286 (c) [If a school has more than 350 students enrolled at the school, the] The same
22852287 1125
22862288 individual may [not ]serve in more than one of the roles listed in Subsections (2)(a)
22872289 1126
22882290 and (b) if the school notifies the School Safety Center and the state security chief of
22892291 1127
22902292 the decision to have the same individual serve in multiple roles as described in this
22912293 1128
22922294 Subsection (2).
22932295 1129
22942296 (d) An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA
22952297 1130
22962298 has completed the school safety needs assessment described in Subsection (1).
22972299 1131
22982300 (e) The state security chief in consultation with the School Safety Center shall establish
22992301 1132
23002302 a timeline for an LEA to comply with the school safety personnel requirements of
23012303 1133
23022304 this Subsection (2).
23032305 1134
23042306 (3)(a) An LEA, school administrator, or private school may apply to the state security
23052307 1135
23062308 chief for an approved alternative to the requirements described in:
23072309 1136
23082310 (i) Section 53-22-105;
23092311 1137
23102312 (ii) this section;
23112313 1138
23122314 (iii) Section 53G-8-701.6;
23132315 1139
23142316 (iv) Section 53G-8-701.8; and
23152317 1140
23162318 (v) Section 53G-8-704.
23172319 1141
23182320 (b) In approving or denying an application described in Subsection (3)(a), the state
23192321 1142
23202322 security chief may consider factors that impact a school or LEA's ability to adhere to
23212323 1143
23222324 the requirements of this section, including the school or LEA's:
23232325 1144
23242326 (i) population size;
23252327 1145
23262328 (ii) staffing needs or capacity;
23272329 1146
23282330 (iii) geographic location;
23292331 1147
23302332 (iv) available funding; or
23312333 1148
23322334 (v) general demonstration of need for an alternative to the requirements of this
23332335 1149
23342336 section.
2335-- 34 - Enrolled Copy H.B. 40
23362337 1150
23372338 (4) A private school shall identify an individual at the private school to serve as the safety
2339+- 34 - 03-07 15:17 7th Sub. (Lime) H.B. 40
23382340 1151
23392341 liaison with the local law enforcement of relevant jurisdiction and the state security chief.
23402342 1152
23412343 Section 19. Section 53G-8-701.6 is amended to read:
23422344 1153
23432345 53G-8-701.6 . School safety and security specialist.
23442346 1154
23452347 (1) As used in this section, "principal" means the chief administrator at a public school,
23462348 1155
23472349 including:
23482350 1156
23492351 (a) a school principal;
23502352 1157
23512353 (b) a charter school director; or
23522354 1158
23532355 (c) the superintendent of the Utah Schools for the Deaf and the Blind.
23542356 1159
2355-(2)(a) Subject to Subsection (2)(b) and except as provided in Subsection 53G-8-701.5(3),
2357+(2)(a) Subject to Subsection (2)(b) and except as provided in Subsection 53G-8-701.5
23562358 1160
2357-every campus within an LEA shall designate a school safety and security specialist
2359+(3), every campus within an LEA shall designate a school safety and security
23582360 1161
2359-from the employees of the relevant campus.
2361+specialist from the employees of the relevant campus.
23602362 1162
23612363 (b) The school safety and security specialist:
23622364 1163
23632365 (i) may not be a principal; and
23642366 1164
23652367 (ii) may be the school safety and security director at one campus within the LEA.
23662368 1165
23672369 (3) The school safety and security specialist shall:
23682370 1166
23692371 (a) report directly to the principal;
23702372 1167
23712373 (b) oversee school safety and security practices to ensure a safe and secure school
23722374 1168
23732375 environment for students and staff;
23742376 1169
23752377 (c) ensure adherence with all policies, procedures, protocols, rules, and regulations
23762378 1170
23772379 relating to school safety and security through collaborating and maintaining effective
23782380 1171
23792381 communications with the following as applicable:
23802382 1172
23812383 (i) the principal;
23822384 1173
23832385 (ii) school staff;
23842386 1174
23852387 (iii) the school resource officer;
23862388 1175
23872389 (iv) the armed school security guard;
23882390 1176
23892391 (v) the school guardian;
23902392 1177
23912393 (vi) local law enforcement;
23922394 1178
23932395 (vii) the county security chief;
23942396 1179
23952397 (viii) the school safety and security director;
23962398 1180
23972399 (ix) the LEA; and
23982400 1181
23992401 (x) school-based behavioral and mental health professionals;
24002402 1182
24012403 (d) in collaboration with the county security chief [or designee described in Section
24022404 1183
24032405 53-22-103] and with the local law enforcement of relevant jurisdiction over the school
2404-- 35 - H.B. 40 Enrolled Copy
24052406 1184
24062407 as described in Section 53-25-601:
2408+- 35 - 7th Sub. (Lime) H.B. 40 03-07 15:17
24072409 1185
24082410 (i) conduct the school safety needs assessment described in Section 53G-8-701.5;
24092411 1186
24102412 (ii) in accordance with Sections 53-25-601 and 53G-8-701.5, submit the completed
24112413 1187
24122414 assessments to the School Safety Center created in Section 53G-8-802 by October
24132415 1188
24142416 15 of each year; and
24152417 1189
24162418 [(ii)] (iii) [conduct a building safety evaluation at least annually using ] review the
24172419 1190
24182420 results of the school safety needs assessment to recommend and implement
24192421 1191
24202422 improvements to school facilities, policies, procedures, protocols, rules, and
24212423 1192
24222424 regulations relating to school safety and security;
24232425 1193
24242426 (e) [if the specialist is also an employee of an LEA, ]participate on the multidisciplinary
24252427 1194
24262428 team that the [LEA] school establishes;
24272429 1195
24282430 (f) conduct a behavioral threat assessment when the school safety and security specialist
24292431 1196
24302432 deems necessary using an evidence-based tool the state security chief recommends in
24312433 1197
24322434 consultation with the school safety center and the Office of Substance [Abuse] Use
24332435 1198
24342436 and Mental Health;
24352437 1199
24362438 (g) regularly monitor and report to the principal, local law enforcement, and, if
24372439 1200
24382440 applicable, the LEA superintendent or designee, security risks for the school resulting
24392441 1201
24402442 from:
24412443 1202
24422444 (i) issues with school facilities; or
24432445 1203
24442446 (ii) the implementation of practices, policies, procedures, and protocols relating to
24452447 1204
24462448 school safety and security;
24472449 1205
24482450 (h) coordinate with local first responder agencies to implement and monitor safety and
24492451 1206
24502452 security drills in accordance with policy and applicable procedures and protocols;
24512453 1207
24522454 (i) ensure that school staff, and, when appropriate, students, receive training on and
24532455 1208
24542456 remain current on the school's safety and security procedures and protocols;
24552457 1209
24562458 (j) following an event where security of the school has been significantly compromised,
24572459 1210
24582460 organize a debriefing with the individuals listed in Subsection (3)(c) following the
24592461 1211
24602462 recommendations from the state security chief, in collaboration with the School
24612463 1212
24622464 Safety Center, regarding strengthening school safety and security practices, policies,
24632465 1213
24642466 procedures, and protocols;
24652467 1214
24662468 (k) abide by any LEA, school, or law enforcement agency policy outlining the chain of
24672469 1215
24682470 command;
24692471 1216
24702472 (l) during an emergency, coordinate with the following individuals as applicable, the:
24712473 1217
24722474 (i) school resource officer;
2473-- 36 - Enrolled Copy H.B. 40
24742475 1218
24752476 (ii) school guardians;
2477+- 36 - 03-07 15:17 7th Sub. (Lime) H.B. 40
24762478 1219
24772479 (iii) armed school security guards;
24782480 1220
24792481 (iv) school administrators; and
24802482 1221
24812483 (v) responding law enforcement officers;
24822484 1222
24832485 (m) follow any LEA, school, or law enforcement agency student privacy policies,
24842486 1223
24852487 including state and federal privacy laws;
24862488 1224
24872489 (n) participate in an annual training the state security chief selects in consultation with
24882490 1225
24892491 the School Safety Center; and
24902492 1226
24912493 (o) remain current on:
24922494 1227
24932495 (i) a comprehensive school guideline the state security chief selects;
24942496 1228
2495-(ii) the duties of a school safety and security specialist described in this Subsection (3);
2497+(ii) the duties of a school safety and security specialist described in this Subsection
24962498 1229
2497-and
2499+(3); and
24982500 1230
24992501 (iii) the school's emergency response plan.
25002502 1231
25012503 (4) During an active emergency at the school, the school safety and security specialist is
25022504 1232
25032505 subordinate to any responding law enforcement officers.
25042506 1233
25052507 Section 20. Section 53G-8-701.8 is amended to read:
25062508 1234
25072509 53G-8-701.8 . School safety and security director.
25082510 1235
25092511 (1) Except as provided in Subsection 53G-8-701.5(3), an LEA shall designate a school
25102512 1236
25112513 safety and security director as the LEA point of contact for the county security chief,
25122514 1237
25132515 local law enforcement, and the state security chief.
25142516 1238
25152517 (2) A school safety and security director shall:
25162518 1239
25172519 (a) participate in and satisfy the training requirements[, including the annual and
25182520 1240
25192521 biannual requirements, described in] as follows:
25202522 1241
25212523 (i) only once, the training requirements described in Section 53-22-105 for school
25222524 1242
25232525 guardians;
25242526 1243
25252527 (ii) [Section 53G-8-702 for] the school resource [officers] officer and administrator
25262528 1244
25272529 training the state security chief approves in consultation with the School Safety
25282530 1245
25292531 Center; and
25302532 1246
25312533 [(iii) Section 53G-8-704 for armed school security guards;]
25322534 1247
25332535 [(b) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
25342536 1248
25352537 Concealed Firearm Act;]
25362538 1249
25372539 [(c)] (b) if serving as a backup school guardian, satisfy all requirements described in
25382540 1250
25392541 53-22-105;
25402542 1251
25412543 (c) if the designee is an employee of an LEA, participate on the multidisciplinary team
2542-- 37 - H.B. 40 Enrolled Copy
25432544 1252
25442545 the LEA establishes;
2546+- 37 - 7th Sub. (Lime) H.B. 40 03-07 15:17
25452547 1253
25462548 (d) coordinate security responses among, if applicable, the following individuals in the
25472549 1254
25482550 LEA that employs the school safety and security director:
25492551 1255
25502552 (i) school safety and security specialists;
25512553 1256
25522554 (ii) school resource officers;
25532555 1257
25542556 (iii) armed school security guards; and
25552557 1258
25562558 (iv) school guardians; and
25572559 1259
25582560 (e) collaborate and maintain effective communications with local law enforcement, a
25592561 1260
25602562 county security chief, the LEA, and school-based behavioral and mental health
25612563 1261
25622564 professionals to ensure adherence with all policies, procedures, protocols, rules, and
25632565 1262
25642566 regulations relating to school safety and security.
25652567 1263
25662568 (3) A school safety and security director:
25672569 1264
25682570 (a) does not have authority to act in a law enforcement capacity; and
25692571 1265
25702572 (b) may, at the LEA that employs the director:
25712573 1266
25722574 (i) take actions necessary to prevent or abate an active threat; and
25732575 1267
25742576 (ii) temporarily detain an individual when the school safety and security director has
25752577 1268
25762578 reasonable cause to believe the individual has committed or is about to commit a
25772579 1269
25782580 forcible felony, as that term is defined in Section 76-2-402[;] .
25792581 1270
25802582 (4) Notwithstanding Subsection 76-10-505.5(4), if a school safety and security director is
25812583 1271
25822584 carrying a firearm, the school safety and security director shall carry the school safety
25832585 1272
25842586 and security director's firearm in a concealed manner and may not, unless during an
25852587 1273
25862588 active threat, display or open carry a firearm while on school grounds.
25872589 1274
25882590 (5) A school may use the services of the school safety and security director on a temporary
25892591 1275
25902592 basis to satisfy the school safety personnel requirement of Subsection 53G-8-701.5(2).
25912593 1276
25922594 (6) The state security chief shall:
25932595 1277
25942596 (a) for each school safety and security director, track each school safety and security
25952597 1278
25962598 director by collecting the photograph and the name and contact information for each
25972599 1279
25982600 school safety and security director; and
25992601 1280
26002602 (b) make the information described in Subsection (6)(a) readily available to each law
26012603 1281
26022604 enforcement agency in the state categorized by LEA.
26032605 1282
26042606 Section 21. Section 53G-8-704 is amended to read:
26052607 1283
26062608 53G-8-704 . Contracts between an LEA and a contract security company for
26072609 1284
26082610 armed school security guards.
26092611 1285
2610-(1) As used in this section:
2611-- 38 - Enrolled Copy H.B. 40
2612+(1) As used in this section:;
26122613 1286
26132614 (a) "Armed private security officer" means the same as that term is defined in Section
2615+- 38 - 03-07 15:17 7th Sub. (Lime) H.B. 40
26142616 1287
26152617 58-63-102.
26162618 1288
26172619 (b) "Armed school security guard" means an armed private security officer who[ is]:
26182620 1289
26192621 (i) is licensed as an armed private security officer under Title 58, Chapter 63,
26202622 1290
26212623 Security Personnel Licensing Act; and
26222624 1291
26232625 (ii) has met the requirements described in Subsection (4)(a).
26242626 1292
26252627 (c) "Contract security company" means the same as that term is defined in Section
26262628 1293
26272629 58-63-102.
26282630 1294
26292631 (d) "State security chief" means the same as that term is defined in Section 53-22-102.
26302632 1295
26312633 (2)(a) An LEA may use an armed school security guard to satisfy the school safety
26322634 1296
26332635 personnel requirements of Section 53G-8-701.5.
26342636 1297
26352637 (b) An LEA that uses an armed school security guard under Subsection (2)(a) shall
26362638 1298
26372639 contract with a contract security company to provide armed school security guards at
26382640 1299
26392641 each school within the LEA.
26402642 1300
26412643 (3) The contract described in Subsection (2)(b) shall include a detailed description of:
26422644 1301
26432645 (a) the rights of a student under state and federal law with regard to:
26442646 1302
26452647 (i) searches;
26462648 1303
26472649 (ii) questioning;
26482650 1304
26492651 (iii) arrests; and
26502652 1305
26512653 (iv) information privacy;
26522654 1306
26532655 (b) job assignment and duties of an armed school security guard, including:
26542656 1307
26552657 (i) the school to which an armed school security guard will be assigned;
26562658 1308
26572659 (ii) the hours an armed school security guard is present at the school;
26582660 1309
26592661 (iii) the point of contact at the school that an armed school security guard will contact
26602662 1310
26612663 in case of an emergency;
26622664 1311
26632665 (iv) specific responsibilities for providing and receiving information;
26642666 1312
26652667 (v) types of records to be kept, and by whom; and
26662668 1313
26672669 (vi) training requirements; and
26682670 1314
26692671 (c) other expectations of the contract security company in relation to school security at
26702672 1315
26712673 the LEA.
26722674 1316
26732675 (4)(a) In addition to the requirements for licensure under Title 58, Chapter 63, Security
26742676 1317
26752677 Personnel Licensing Act, an armed private security officer may only serve as an
26762678 1318
26772679 armed school security guard under a contract described in Subsection (2)(b) if the
26782680 1319
26792681 armed private security officer:
2680-- 39 - H.B. 40 Enrolled Copy
26812682 1320
26822683 (i) has a valid concealed carry permit issued under Title 53, Chapter 5, Part 7,
2684+- 39 - 7th Sub. (Lime) H.B. 40 03-07 15:17
26832685 1321
26842686 Concealed Firearm Act;[ and]
26852687 1322
26862688 (ii) has undergone training from a county security chief or local law enforcement
26872689 1323
26882690 agency regarding:
26892691 1324
26902692 (A) the safe loading, unloading, storage, and carrying of firearms in a school
26912693 1325
26922694 setting;
26932695 1326
26942696 (B) the role of armed security guards in a school setting; and
26952697 1327
26962698 (C) coordination with law enforcement and school officials during an active threat[.] ;
26972699 1328
26982700 (iii) completes an initial "fit to carry" assessment the Department of Health and
26992701 1329
27002702 Human Services approves and a provider administers; and
27012703 1330
27022704 (iv) maintains compliance with mental health screening requirements consistent with
27032705 1331
27042706 law enforcement standards.
27052707 1332
27062708 (b) An armed school security guard that meets the requirements of Subsection (4)(a)
27072709 1333
27082710 shall, in order to remain eligible to be assigned as an armed school security guard at
27092711 1334
27102712 any school under a contract described in Subsection (2)(b), participate in and satisfy
27112713 1335
27122714 the training requirements of the initial, annual, and biannual trainings as defined in
27132715 1336
27142716 Section 53-22-105.
27152717 1337
27162718 (5) An armed school security guard may conceal or openly carry a firearm at the school at
27172719 1338
27182720 which the armed school security guard is employed under the contract described in
27192721 1339
27202722 Subsection (2)(b).
27212723 1340
27222724 (6) An LEA that enters a contract under this section shall inform the state security chief and
27232725 1341
27242726 the relevant county security chief of the contract and provide the contact information of
27252727 1342
27262728 the contract security company employing the armed security guard for use during an
27272729 1343
27282730 emergency.
27292731 1344
27302732 (7) The state security chief shall:
27312733 1345
27322734 (a) for each LEA that contracts with a contract security company under this section,
27332735 1346
27342736 track each contract security company providing armed school security guards by
27352737 1347
27362738 name and the contact information for use in case of an emergency; and
27372739 1348
27382740 (b) make the information described in Subsection (7)(a) readily available to each law
27392741 1349
27402742 enforcement agency in the state by school.
27412743 1350
27422744 (8) An armed school security guard shall file a report described in Subsection (9) if, during
27432745 1351
27442746 the performance of the armed school security guard's duties, the armed school security
27452747 1352
27462748 guard:
27472749 1353
27482750 (a) points a firearm at an individual; or
2749-- 40 - Enrolled Copy H.B. 40
27502751 1354
27512752 (b) aims a conductive energy device at an individual and displays the electrical current.
2753+- 40 - 03-07 15:17 7th Sub. (Lime) H.B. 40
27522754 1355
27532755 (9)(a) A report described in Subsection (8) shall include:
27542756 1356
27552757 (i) a description of the incident;
27562758 1357
27572759 (ii) the identification of the individuals involved in the incident; and
27582760 1358
27592761 (iii) any other information required by the state security chief.
27602762 1359
27612763 (b) An armed school security guard shall submit a report required under Subsection (8)
27622764 1360
27632765 to the school administrator, school safety and security director, and the state security
27642766 1361
27652767 chief within 48 hours after the incident.
27662768 1362
27672769 (c) The school administrator, school safety and security director, and the state security
27682770 1363
27692771 chief shall consult and review the report submitted under Subsection (9)(b).
27702772 1364
27712773 Section 22. Section 53G-8-802 is amended to read:
27722774 1365
27732775 53G-8-802 . State Safety and Support Program -- State board duties -- LEA
27742776 1366
27752777 duties.
27762778 1367
27772779 (1) There is created the School Safety Center.
27782780 1368
27792781 (2) The School Safety Center shall:
27802782 1369
27812783 (a) develop in conjunction with the Office of Substance Use and Mental Health and the
27822784 1370
27832785 state security chief model student safety and support policies for an LEA, including:
27842786 1371
27852787 (i) requiring an evidence-based behavior threat assessment that includes[:]
27862788 1372
27872789 [(A)] recommended interventions with an individual whose behavior poses a
27882790 1373
27892791 threat to school safety; [and]
27902792 1374
27912793 [(B) establishes defined roles for a multidisciplinary team and school safety
27922794 1375
27932795 personnel described in Title 53G, Chapter 8, Part 7, School Safety Personnel,
27942796 1376
27952797 including:]
27962798 1377
27972799 (ii) procedures for referrals to law enforcement; and
27982800 1378
27992801 (iii) procedures for referrals to a community services entity, a family support
28002802 1379
28012803 organization, or a health care provider for evaluation or treatment;
28022804 1380
28032805 (b) provide training in consultation with the state security chief:
28042806 1381
28052807 (i) in school safety;
28062808 1382
28072809 (ii) in evidence-based approaches to improve school climate and address and correct
28082810 1383
28092811 bullying behavior;
28102812 1384
28112813 (iii) in evidence-based approaches in identifying an individual who may pose a threat
28122814 1385
28132815 to the school community;
28142816 1386
28152817 (iv) in evidence-based approaches in identifying an individual who may be showing
28162818 1387
28172819 signs or symptoms of mental illness;
2818-- 41 - H.B. 40 Enrolled Copy
28192820 1388
28202821 (v) on permitted disclosures of student data to law enforcement and other support
2822+- 41 - 7th Sub. (Lime) H.B. 40 03-07 15:17
28212823 1389
28222824 services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec.
28232825 1390
28242826 1232g;
28252827 1391
28262828 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
28272829 1392
28282830 53E-9-203 and 53E-9-305; and
28292831 1393
28302832 (vii) for administrators on rights and prohibited acts under:
28312833 1394
28322834 (A) Chapter 9, Part 6, Bullying and Hazing;
28332835 1395
28342836 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
28352837 1396
28362838 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
28372839 1397
28382840 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
28392841 1398
28402842 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
28412843 1399
28422844 (c) conduct and disseminate evidence-based research on school safety concerns;
28432845 1400
28442846 (d) disseminate information on effective school safety initiatives;
28452847 1401
28462848 (e) encourage partnerships between public and private sectors to promote school safety;
28472849 1402
28482850 (f) provide technical assistance to an LEA in the development and implementation of
28492851 1403
28502852 school safety initiatives;
28512853 1404
28522854 (g) in conjunction with the state security chief, make available to an LEA the model
28532855 1405
28542856 critical incident response training program a school and law enforcement agency
28552857 1406
28562858 shall use during a threat;
28572859 1407
28582860 (h) provide space for the public safety liaison described in Section 53-1-106 and the
28592861 1408
28602862 school-based mental health specialist described in Section 26B-5-102;
28612863 1409
28622864 (i) collaborate with the state security chief to determine appropriate application of school
28632865 1410
28642866 safety requirements in Utah Code to an online school;
28652867 1411
28662868 (j) create a model school climate survey that may be used by an LEA to assess
28672869 1412
28682870 stakeholder perception of a school environment;
28692871 1413
28702872 (k) in accordance with Section 53G-5-202, establish a charter school liaison including
28712873 1414
28722874 defined responsibilities for charter school communication and coordination with the
28732875 1415
28742876 School Safety Center; and
28752877 1416
28762878 (l) assist a foundation described in Section 53-22-108 in distributing school safety
28772879 1417
28782880 products if a foundation seeks assistance;
28792881 1418
2880-(m) [and] establishes defined roles for a multidisciplinary team and school safety
2882+(m) establishes defined roles for a multidisciplinary team and school safety personnel
28812883 1419
2882-personnel described in Chapter 8, Part 7, School Safety Personnel;
2884+described in Title 53G, Chapter 8, Part 7, School Safety Personnel; [and]
28832885 1420
28842886 [(k)] (n) assist LEAs in implementing and maintaining universal access key box
28852887 1421
28862888 requirements under Section 53G-8-805;
2887-- 42 - Enrolled Copy H.B. 40
28882889 1422
28892890 (o) in consultation with the state security chief, select a system to track relevant data,
2891+- 42 - 03-07 15:17 7th Sub. (Lime) H.B. 40
28902892 1423
28912893 including the tracking required in Sections 53-22-105, 53G-8-701.5, 53G-8-701.8,
28922894 1424
28932895 and 53G-8-704; and
28942896 1425
28952897 (p) collect aggregate data and school climate survey results from an LEA that
28962898 1426
28972899 administers the model school climate survey described in Subsection [(2)(i)] (2)(j).
28982900 1427
28992901 (3) Nothing in this section requires:
29002902 1428
29012903 (a) an individual to respond to a school climate survey; or
29022904 1429
29032905 (b) an LEA to use the model school climate survey or any specified questions in the
29042906 1430
29052907 model school climate survey described in Subsection [(2)(i)] (2)(j).
29062908 1431
29072909 (4) The state board shall require an LEA to:
29082910 1432
29092911 (a)(i) if an LEA administers a school climate survey, review school climate data for
29102912 1433
29112913 each school within the LEA; and
29122914 1434
29132915 (ii) based on the review described in Subsection (4)(a)(i):
29142916 1435
29152917 (A) revise practices, policies, and training to eliminate harassment and
29162918 1436
29172919 discrimination in each school within the LEA;
29182920 1437
29192921 (B) adopt a plan for harassment- and discrimination-free learning; and
29202922 1438
29212923 (C) host outreach events or assemblies to inform students and parents of the plan
29222924 1439
29232925 adopted under Subsection (4)(a)(ii)(B);
29242926 1440
29252927 (b) no later than September 1 of each school year, send a notice to each student, parent,
29262928 1441
29272929 and LEA staff member stating the LEA's commitment to maintaining a school
29282930 1442
29292931 climate that is free of harassment and discrimination; and
29302932 1443
29312933 (c) report to the state board annually on the LEA's implementation of the plan under
29322934 1444
29332935 Subsection (4)(a)(ii)(B) and progress.
29342936 1445
29352937 Section 23. Section 53G-8-803 is amended to read:
29362938 1446
29372939 53G-8-803 . Standard response protocol to active threats in schools.
29382940 1447
29392941 The state security chief described in Section 53-22-102, in consultation with the School
29402942 1448
29412943 Safety Center, shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
29422944 1449
29432945 Rulemaking Act, to:
29442946 1450
29452947 (1) in accordance with the standard response protocol established by the state security chief,
29462948 1451
29472949 require an LEA or school to develop emergency preparedness plans and emergency
29482950 1452
29492951 response plans for use during an emergency that include developmentally appropriate
29502952 1453
29512953 training for students and adults regarding:
29522954 1454
29532955 (a) active threats;
29542956 1455
29552957 (b) emergency preparedness;
2956-- 43 - H.B. 40 Enrolled Copy
29572958 1456
29582959 (c) cardiac emergency preparedness;
2960+- 43 - 7th Sub. (Lime) H.B. 40 03-07 15:17
29592961 1457
29602962 [(c)] (d) drills as required under Subsection 15A-5-202.5 and by the state security chief;
29612963 1458
29622964 and
29632965 1459
29642966 [(d)] (e) standard response protocols coordinated with community stakeholders; and
29652967 1460
29662968 (2) identify the necessary components of emergency preparedness and response plans,
29672969 1461
29682970 including underlying standard response protocols and emerging best practices for an
29692971 1462
29702972 emergency.
29712973 1463
29722974 Section 24. Section 53G-8-805 is amended to read:
29732975 1464
29742976 53G-8-805 . Panic alert device -- Security cameras -- Key box.
29752977 1465
29762978 (1) As used in this section:
29772979 1466
29782980 (a) "Universal access key box" means a UL Standard 1037 compliant secure container
29792981 1467
29802982 designed to store and protect emergency access keys and devices.
29812983 1468
29822984 (b) "Emergency responder" means law enforcement, fire service, or emergency medical
29832985 1469
29842986 personnel authorized by local authorities to respond to school emergencies.
29852987 1470
29862988 [(1)] (2) In accordance with the results of the school safety needs assessment described in
29872989 1471
29882990 Section 53G-8-701.5, an LEA shall provide [a staff person] the lead teacher in each
29892991 1472
29902992 classroom with a wearable panic alert device that [allows for immediate contact with
29912993 1473
29922994 emergency services or emergency services agencies, law enforcement agencies, health
29932995 1474
29942996 departments, and fire departments] shall communicate directly with public safety
29952997 1475
29962998 answering points.
29972999 1476
29983000 [(2)] (3) An LEA shall ensure, before the school year begins, all school building personnel
29993001 1477
30003002 receive training on the protocol and appropriate use of the panic alert device described in
30013003 1478
30023004 Subsection [(1)] (2).
30033005 1479
30043006 [(3)] (4) An LEA shall:
30053007 1480
30063008 (a) ensure all security cameras within a school building are accessible by:
30073009 1481
30083010 (i) a local law enforcement agency; and
30093011 1482
30103012 (ii) public safety answering points;
30113013 1483
30123014 (b) coordinate with a local law enforcement agency to establish appropriate access
30133015 1484
30143016 protocols[.] ; and
30153017 1485
30163018 (c) physically mark all hallways and doorways consistent with the incident response
30173019 1486
30183020 method or system the state security chief creates.
30193021 1487
30203022 [(4)]
30213023 1488
30223024 (5) A school building shall include universal access key boxes that:
30233025 1489
30243026 (a) are installed at main entry points;
3025-- 44 - Enrolled Copy H.B. 40
30263027 1490
30273028 (b) contain master keys and access devices providing complete access to all areas of the
3029+- 44 - 03-07 15:17 7th Sub. (Lime) H.B. 40
30283030 1491
30293031 school;
30303032 1492
30313033 (c) are accessible only to authorized emergency responders;
30323034 1493
30333035 (d) are electronically monitored for tampering; and
30343036 1494
30353037 (e) are weather-resistant and vandal-resistant.
30363038 1495
30373039 (6) An LEA shall:
30383040 1496
30393041 (a) maintain universal access key boxes by:
30403042 1497
30413043 (i) conducting quarterly inspections;
30423044 1498
30433045 (ii) updating contents within 24 hours of any lock or access control changes;
30443046 1499
30453047 (iii) maintaining current key and access device inventories;
30463048 1500
30473049 (iv) documenting all inspections and updates; and
30483050 1501
30493051 (v) immediately replacing any damaged or malfunctioning boxes;
30503052 1502
30513053 (b) coordinate with local emergency responders to:
30523054 1503
30533055 (i) determine optimal box placement;
30543056 1504
30553057 (ii) establish access protocols;
30563058 1505
30573059 (iii) maintain current emergency contact information; and
30583060 1506
30593061 (iv) conduct annual reviews of box usage and effectiveness;
30603062 1507
30613063 (c) include universal access key box locations and protocols in:
30623064 1508
30633065 (i) school emergency response plans;
30643066 1509
30653067 (ii) building schematic diagrams provided to emergency responders; and
30663068 1510
30673069 (iii) school safety and security training materials.
30683070 1511
30693071 (7) The state board shall:
30703072 1512
30713073 (a) establish standards for:
30723074 1513
30733075 (i) box installation and placement;
30743076 1514
30753077 (ii) access control and monitoring;
30763078 1515
30773079 (iii) maintenance schedules; and
30783080 1516
30793081 (iv) compliance verification;
30803082 1517
30813083 (b) in direct coordination with the state security chief, ensure new construction or major
30823084 1518
30833085 remodeling of a school building shall include the installation of automated external
30843086 1519
30853087 defibrillators in appropriate locations as the state board determines; and
30863088 1520
30873089 (c) provide technical assistance to LEAs implementing this section.
30883090 1521
30893091 (8) Nothing in this section:
30903092 1522
30913093 (a) affects requirements for fire department key boxes under applicable building or fire
30923094 1523
30933095 codes; or
3094-- 45 - H.B. 40 Enrolled Copy
30953096 1524
30963097 (b) restricts additional security measures implemented by LEAs that exceed these
3098+- 45 - 7th Sub. (Lime) H.B. 40 03-07 15:17
30973099 1525
30983100 requirements.
30993101 1526
31003102 (9) This section is not subject to the restrictions in Section 41-6a-2003.
31013103 1527
31023104 Section 25. Section 53G-9-207 is amended to read:
31033105 1528
31043106 53G-9-207 . Child sexual abuse prevention.
31053107 1529
31063108 (1) As used in this section:
31073109 1530
31083110 (a)(i) "Age-appropriate instructional material" means materials that provide
31093111 1531
31103112 instruction on:
31113113 1532
31123114 (A) the responsibility of adults for the safety of children;
31133115 1533
31143116 (B) how to recognize uncomfortable inner feelings;
31153117 1534
31163118 (C) how to say no and leave an uncomfortable situation;
31173119 1535
31183120 (D) how to set clear boundaries;
31193121 1536
31203122 (E) the risks of sharing intimate images or personal information through electronic
31213123 1537
31223124 means; and
31233125 1538
31243126 [(E)] (F) the importance of discussing uncomfortable situations with parents and
31253127 1539
31263128 other trusted adults.
31273129 1540
31283130 (ii) "Age-appropriate instructional material" does not include materials that:
31293131 1541
31303132 (A) invites a student to share personal experiences about abuse during instruction;
31313133 1542
31323134 (B) gives instruction regarding consent as described in Section 76-5-406; or
31333135 1543
31343136 (C) includes sexually explicit language or depictions.
31353137 1544
31363138 (b) "Alternative provider" means a provider other than the provider selected by the state
31373139 1545
31383140 board under Subsection (8) that provides the training and instruction described in
31393141 1546
31403142 Subsection (4) with instructional materials approved under Subsection (2).
31413143 1547
31423144 (c) "School personnel" means the same as that term is defined in Section 53G-9-203.
31433145 1548
31443146 (d) "Sexual extortion" means the criminal offense described in Section 76-5b-204.
31453147 1549
31463148 (2) The state board shall approve, in partnership with the Department of Health and Human
31473149 1550
31483150 Services, age-appropriate instructional materials for the training and instruction
31493151 1551
31503152 described in Subsections (3)(a) and (4).
31513153 1552
31523154 (3)(a) An LEA shall provide, once every three years, training and instruction on child
31533155 1553
31543156 sexual abuse and human trafficking prevention and awareness to:
31553157 1554
31563158 (i) school personnel in elementary and secondary schools on:
31573159 1555
31583160 (A) responding to a disclosure of child sexual abuse in a supportive, appropriate
31593161 1556
31603162 manner;
31613163 1557
31623164 (B) identifying children who are victims or may be at risk of becoming victims of
3163-- 46 - Enrolled Copy H.B. 40
31643165 1558
31653166 human trafficking or commercial sexual exploitation; and
3167+- 46 - 03-07 15:17 7th Sub. (Lime) H.B. 40
31663168 1559
31673169 (C) the mandatory reporting requirements described in Sections 53E-6-701 and
31683170 1560
31693171 80-2-602;
31703172 1561
31713173 (D) appropriate responses to incidents of sexual extortion, including connecting
31723174 1562
31733175 victims with support services; and
31743176 1563
31753177 (ii) parents of elementary school students on:
31763178 1564
31773179 (A) recognizing warning signs of a child who is being sexually abused or who is a
31783180 1565
31793181 victim or may be at risk of becoming a victim of human trafficking or
31803182 1566
31813183 commercial sexual exploitation; [and]
31823184 1567
31833185 (B) effective, age-appropriate methods for discussing the topic of child sexual
31843186 1568
31853187 abuse with a child[.] ; and
31863188 1569
31873189 (C) resources available for victims of sexual extortion.
31883190 1570
31893191 (b) An LEA:
31903192 1571
31913193 (i) shall use the instructional materials approved by the state board under Subsection
31923194 1572
31933195 (2) to provide the training and instruction under Subsections (3)(a) and (4); or
31943196 1573
31953197 (ii) may use instructional materials the LEA creates to provide the instruction and
31963198 1574
31973199 training described in Subsections (3)(a) and (4), if the LEA's instructional
31983200 1575
31993201 materials are approved by the state board under Subsection (2).
32003202 1576
32013203 (4)(a) In accordance with Subsections (4)(b) and (5), an LEA may provide instruction on
32023204 1577
32033205 child sexual abuse and human trafficking prevention and awareness to elementary
32043206 1578
32053207 school students using age-appropriate curriculum.
32063208 1579
32073209 (b) An LEA that provides the instruction described in Subsection (4)(a) shall use the
32083210 1580
32093211 instructional materials approved by the state board under Subsection (2) to provide
32103212 1581
32113213 the instruction.
32123214 1582
32133215 (5)(a) An elementary school student may not be given the instruction described in
32143216 1583
32153217 Subsection (4) unless the parent of the student is:
32163218 1584
32173219 (i) notified in advance of the:
32183220 1585
32193221 (A) instruction and the content of the instruction; and
32203222 1586
32213223 (B) parent's right to have the student excused from the instruction;
32223224 1587
32233225 (ii) given an opportunity to review the instructional materials before the instruction
32243226 1588
32253227 occurs; and
32263228 1589
32273229 (iii) allowed to be present when the instruction is delivered.
32283230 1590
32293231 (b) Upon the written request of the parent of an elementary school student, the student
32303232 1591
32313233 shall be excused from the instruction described in Subsection (4).
3232-- 47 - H.B. 40 Enrolled Copy
32333234 1592
32343235 (c) Participation of a student requires compliance with Sections 53E-9-202 and
3236+- 47 - 7th Sub. (Lime) H.B. 40 03-07 15:17
32353237 1593
32363238 53E-9-203.
32373239 1594
32383240 (6) An LEA may determine the mode of delivery for the training and instruction described
32393241 1595
32403242 in Subsections (3) and (4).
32413243 1596
32423244 (7) Upon request of the state board, an LEA shall provide evidence of compliance with this
32433245 1597
32443246 section.
32453247 1598
32463248 (8) The state board shall select a provider to provide the training and instruction described
32473249 1599
32483250 in Subsection (4), including requiring the provider selected to:
32493251 1600
32503252 (a) engage in outreach efforts to support more schools to participate in the training and
32513253 1601
32523254 instruction;
32533255 1602
32543256 (b) provide materials for the instruction involving students in accordance with
32553257 1603
32563258 Subsection (4);
32573259 1604
32583260 (c) provide an outline of how many LEAs, schools, and students the provider could
32593261 1605
32603262 service; and
32613263 1606
32623264 (d) submit a report to the state board that includes:
32633265 1607
32643266 (i) information on the LEAs the provider engaged with in the outreach efforts,
32653267 1608
32663268 including:
32673269 1609
32683270 (A) how many schools within an LEA increased instructional offerings for
32693271 1610
32703272 training and instruction; and
32713273 1611
32723274 (B) the reasons why an LEA chose to participate or not in the offered training or
32733275 1612
32743276 instruction;
32753277 1613
32763278 (ii) the number of schools and students that received the training and instruction;
32773279 1614
32783280 (iii) budgetary information regarding how the provider utilized any funds the state
32793281 1615
32803282 board allocated; and
32813283 1616
32823284 (iv) additional information the state board requests.
32833285 1617
32843286 (9) Subject to legislative appropriation, there is created a grant program to support an LEA
32853287 1618
32863288 that chooses to use an alternative provider other than the provider selected by the state
32873289 1619
32883290 board under Subsection (8) to provide the training and instruction described in
32893291 1620
32903292 Subsection (4).
32913293 1621
32923294 (10) The state board shall:
32933295 1622
32943296 (a) establish a process to select alternative providers for an LEA to use, including:
32953297 1623
32963298 (i) an application process for a provider to become an alternative provider;
32973299 1624
32983300 (ii) required criteria for a provider to become an alternative provider; and
32993301 1625
33003302 (iii) relevant timelines;
3301-- 48 - Enrolled Copy H.B. 40
33023303 1626
33033304 (b) create a process for an LEA to receive a grant award described in Subsection (9),
3305+- 48 - 03-07 15:17 7th Sub. (Lime) H.B. 40
33043306 1627
33053307 including:
33063308 1628
33073309 (i) an application process;
33083310 1629
33093311 (ii) relevant timelines; and
33103312 1630
33113313 (iii) a scoring rubric and corresponding formula for determining a grant amount; and
33123314 1631
33133315 (c) make grant awards on a first come first served basis until the state board distributes
33143316 1632
33153317 all appropriated funds.
33163318 1633
33173319 (11) An LEA that receives a grant award described in Subsection (10)(b) shall:
33183320 1634
33193321 (a) use the grant award to cover the costs needed for implementation of the training or
33203322 1635
33213323 instruction described in Subsection (4); and
33223324 1636
33233325 (b) upon request of the state board, provide an itemized list of the uses of the grant
33243326 1637
33253327 award.
33263328 1638
33273329 Section 26. Section 53G-9-703 is amended to read:
33283330 1639
33293331 53G-9-703 . Parent education -- Mental health -- Bullying -- Safety.
33303332 1640
33313333 (1)(a) Except as provided in Subsection (3), a school district shall offer a seminar for
33323334 1641
33333335 parents of students who attend school in the school district that:
33343336 1642
33353337 (i) is offered at no cost to parents;
33363338 1643
33373339 (ii)(A) if in person, begins at or after 6 p.m.;[ or]
33383340 1644
33393341 (B) if in person, takes place on a Saturday; or
33403342 1645
33413343 (C) may be conducted at anytime online and recorded if the recording is made
33423344 1646
33433345 available on the school district's website, including the parent portal created in
33443346 1647
33453347 Section 53G-6-806.
33463348 1648
33473349 (iii)(A) is held in at least one school located in the school district; or
33483350 1649
33493351 (B) is provided through a virtual platform; and
33503352 1650
33513353 (iv) covers the topics described in Subsection (2).
33523354 1651
33533355 (b)(i) A school district shall annually offer one parent seminar for each 11,000
33543356 1652
33553357 students enrolled in the school district.
33563358 1653
33573359 (ii) Notwithstanding Subsection (1)(b)(i), a school district may not be required to
33583360 1654
33593361 offer more than three seminars.
33603362 1655
33613363 (c) A school district may:
33623364 1656
33633365 (i) develop the district school's own curriculum for the seminar described in
33643366 1657
33653367 Subsection (1)(a); or
33663368 1658
33673369 (ii) use the curriculum developed by the state board under Subsection (2).
33683370 1659
33693371 (d) A school district shall notify each charter school located in the attendance boundaries
3370-- 49 - H.B. 40 Enrolled Copy
33713372 1660
33723373 of the school district of the date and time of a parent seminar, so the charter school
3374+- 49 - 7th Sub. (Lime) H.B. 40 03-07 15:17
33733375 1661
33743376 may inform parents of the seminar.
33753377 1662
33763378 (2) The state board shall:
33773379 1663
33783380 (a) develop a curriculum for the parent seminar described in Subsection (1) that includes
33793381 1664
33803382 information on:
33813383 1665
33823384 (i) substance abuse, including illegal drugs and prescription drugs and prevention;
33833385 1666
33843386 (ii) bullying;
33853387 1667
33863388 (iii) mental health, depression, suicide awareness, and suicide prevention, including
33873389 1668
33883390 education on limiting access to fatal means;
33893391 1669
33903392 (iv) Internet safety, including pornography addiction;[ and]
33913393 1670
33923394 (v) the SafeUT Crisis Line established in Section 53B-17-1202; and
33933395 1671
33943396 (vi) resources related to the topics described in this Subsection (2); and
33953397 1672
33963398 (b) provide the curriculum, including resources and training, to school districts upon
33973399 1673
33983400 request.
33993401 1674
34003402 (3)(a) A school district is not required to offer the parent seminar if the local school
34013403 1675
34023404 board determines that the topics described in Subsection (2) are not of significant
34033405 1676
34043406 interest or value to families in the school district.
34053407 1677
34063408 (b) If a local school board chooses not to offer the parent seminar, the local school board
34073409 1678
34083410 shall notify the state board and provide the reasons why the local school board chose
34093411 1679
34103412 not to offer the parent seminar.
34113413 1680
34123414 Section 27. Section 63I-1-253 is amended to read:
34133415 1681
34143416 63I-1-253 . Repeal dates: Titles 53 through 53G.
34153417 1682
34163418 (1) Section 53-1-122, Road Rage Awareness and Prevention Restricted Account, is
34173419 1683
34183420 repealed July 1, 2028.
34193421 1684
34203422 (2) Section 53-2a-105, Emergency Management Administration Council created --
34213423 1685
34223424 Function -- Composition -- Expenses, is repealed July 1, 2029.
34233425 1686
34243426 (3) Section 53-2a-1103, Search and Rescue Advisory Board -- Members -- Compensation,
34253427 1687
34263428 is repealed July 1, 2027.
34273429 1688
34283430 (4) Section 53-2a-1104, General duties of the Search and Rescue Advisory Board, is
34293431 1689
34303432 repealed July 1, 2027.
34313433 1690
34323434 (5) Title 53, Chapter 2a, Part 15, Grid Resilience Committee, is repealed July 1, 2027.
34333435 1691
34343436 (6) Section 53-2d-104, State Emergency Medical Services Committee -- Membership --
34353437 1692
34363438 Expenses, is repealed July 1, 2029.
34373439 1693
34383440 (7) Section 53-2d-703, Volunteer Emergency Medical Service Personnel Health Insurance
3439-- 50 - Enrolled Copy H.B. 40
34403441 1694
34413442 Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking --
3443+- 50 - 03-07 15:17 7th Sub. (Lime) H.B. 40
34423444 1695
34433445 Advisory board, is repealed July 1, 2027.
34443446 1696
34453447 (8) Section 53-5-703, Board -- Membership -- Compensation -- Terms -- Duties, is repealed
34463448 1697
34473449 July 1, 2029.
34483450 1698
34493451 (9) Section 53-11-104, Board, is repealed July 1, 2029.
34503452 1699
34513453 [(10) Section 53-22-104.1, School Security Task Force -- Membership -- Duties -- Per diem
34523454 1700
34533455 -- Report -- Expiration, is repealed December 31, 2025.]
34543456 1701
34553457 [(11) Section 53-22-104.2, The School Security Task Force -- Education Advisory Board, is
34563458 1702
34573459 repealed December 31, 2025.]
34583460 1703
34593461 [(12)] (10) Subsection 53B-1-301(1)(j), regarding the Higher Education and Corrections
34603462 1704
34613463 Council, is repealed July 1, 2027.
34623464 1705
34633465 [(13)] (11) Section 53B-7-709, Five-year performance goals, is repealed July 1, 2027.
34643466 1706
34653467 [(14)] (12) Title 53B, Chapter 8a, Part 3, Education Savings Incentive Program, is repealed
34663468 1707
34673469 July 1, 2028.
34683470 1708
34693471 [(15)] (13) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
34703472 1709
34713473 [(16)] (14) Section 53B-17-1203, SafeUT and School Safety Commission established --
34723474 1710
34733475 Members, is repealed January 1, 2030.
34743476 1711
34753477 [(17)] (15) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
34763478 1712
34773479 [(18)] (16) Title 53B, Chapter 18, Part 17, Food Security Council, is repealed July 1, 2027.
34783480 1713
34793481 [(19)] (17) Title 53B, Chapter 18, Part 18, Electrification of Transportation Infrastructure
34803482 1714
34813483 Research Center, is repealed July 1, 2028.
34823484 1715
34833485 [(20)] (18) Title 53B, Chapter 35, Higher Education and Corrections Council, is repealed
34843486 1716
34853487 July 1, 2027.
34863488 1717
34873489 [(21)] (19) Subsection 53C-3-203(4)(b)(vii), regarding the distribution of money from the
34883490 1718
34893491 Land Exchange Distribution Account to the Geological Survey for test wells and other
34903492 1719
34913493 hydrologic studies in the West Desert, is repealed July 1, 2030.
34923494 1720
34933495 [(22)] (20) Subsection 53E-1-201(1)(q), regarding the Higher Education and Corrections
34943496 1721
34953497 Council, is repealed July 1, 2027.
34963498 1722
34973499 [(23)] (21) Subsection 53E-2-304(6), regarding foreclosing a private right of action or
34983500 1723
34993501 waiver of governmental immunity, is repealed July 1, 2027.
35003502 1724
35013503 [(24)] (22) Subsection 53E-3-503(5), regarding coordinating councils for youth in care, is
35023504 1725
35033505 repealed July 1, 2027.
35043506 1726
35053507 [(25)] (23) Subsection 53E-3-503(6), regarding coordinating councils for youth in care, is
35063508 1727
35073509 repealed July 1, 2027.
3508-- 51 - H.B. 40 Enrolled Copy
35093510 1728
35103511 [(26)] (24) Subsection 53E-4-202(8)(b), regarding a standards review committee, is repealed
3512+- 51 - 7th Sub. (Lime) H.B. 40 03-07 15:17
35113513 1729
35123514 January 1, 2028.
35133515 1730
35143516 [(27)] (25) Section 53E-4-203, Standards review committee, is repealed January 1, 2028.
35153517 1731
35163518 [(28)] (26) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission,
35173519 1732
35183520 is repealed July 1, 2033.
35193521 1733
35203522 [(29)] (27) Subsection 53E-7-207(7), regarding a private right of action or waiver of
35213523 1734
35223524 governmental immunity, is repealed July 1, 2027.
35233525 1735
35243526 [(30)] (28) Section 53F-2-420, Intensive Services Special Education Pilot Program, is
35253527 1736
35263528 repealed July 1, 2024.
35273529 1737
35283530 [(31)] (29) Section 53F-5-214, Grant for professional learning, is repealed July 1, 2025.
35293531 1738
35303532 [(32)] (30) Section 53F-5-215, Elementary teacher preparation grant, is repealed July 1,
35313533 1739
35323534 2025.
35333535 1740
35343536 [(33)] (31) Section 53F-5-219, Local Innovations Civics Education Pilot Program, is
35353537 1741
35363538 repealed July 1, 2025.
35373539 1742
35383540 [(34)] (32) Title 53F, Chapter 10, Part 2, Capital Projects Evaluation Panel, is repealed July
35393541 1743
35403542 1, 2027.
35413543 1744
35423544 [(35)] (33) Subsection 53G-4-608(2)(b), regarding the Utah Seismic Safety Commission, is
35433545 1745
35443546 repealed January 1, 2025.
35453547 1746
35463548 [(36)] (34) Subsection 53G-4-608(4)(b), regarding the Utah Seismic Safety Commission, is
35473549 1747
35483550 repealed January 1, 2025.
35493551 1748
35503552 [(37)] (35) Section 53G-9-212, Drinking water quality in schools, is repealed July 1, 2027.
35513553 1749
35523554 Section 28. Repealer.
35533555 1750
35543556 This bill repeals:
35553557 1751
35563558 Section 53F-4-208, State board procurement for school security software.
35573559 1752
35583560 Section 29. FY 2026 Appropriations.
35593561 1753
35603562 The following sums of money are appropriated for the fiscal year beginning July 1,
35613563 1754
35623564 2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
35633565 1755
35643566 fiscal year 2026.
35653567 1756
35663568 Subsection 29(a). Operating and Capital Budgets
35673569 1757
35683570 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
35693571 1758
35703572 Legislature appropriates the following sums of money from the funds or accounts indicated for
35713573 1759
35723574 the use and support of the government of the state of Utah.
35733575 1760
35743576 ITEM 1 To State Board of Education - Contracted Initiatives and Grants
35753577 1761
35763578 From Public Education Economic Stabilization
3577-- 52 - Enrolled Copy H.B. 40
35783579 1762
35793580 Restricted Account, One-time 25,000,000
3581+- 52 - 03-07 15:17 7th Sub. (Lime) H.B. 40
35803582 1763
35813583 Schedule of Programs:
35823584 1764
35833585 School Safety and Support Grant Program 25,000,000
35843586 1765
35853587 The Legislature intends $25,000,000 for the
35863588 1766
35873589 School Safety and Support Grant Program in this item be
35883590 1767
35893591 used as follows, for:
35903592 1768
35913593 (1) supporting general grants to local education
35923594 1769
35933595 agencies prioritized by need as the school security task
35943596 1770
35953597 force described in Section 53-22-104.1 determines in
35963598 1771
35973599 coordination with the state security chief and the school
35983600 1772
35993601 safety center;
36003602 1773
36013603 (2) research expenses supporting the work of the
36023604 1774
36033605 school security task force as the co-chairs of the task
36043606 1775
36053607 force authorize;
36063608 1776
36073609 (3) targeted grants to local education agencies
36083610 1777
36093611 for needs reported in the local education agencies' school
36103612 1778
36113613 safety needs assessments described in Section
36123614 1779
36133615 53G-8-701.5; and
36143616 1780
36153617 (4) the state board to use up to $500,000 for the
36163618 1781
36173619 administration of the multi-tiered system of support for
36183620 1782
36193621 compliance issues as described in Section 53-22-109, if:
36203622 1783
36213623 (a) the state board determines the ongoing costs associated with
36223624 1784
36233625 the administration of the multi-tiered system of support
36243626 1785
36253627 for compliance issues; and
36263628 1786
36273629 (b) the state board reports the ongoing costs to the Education
36283630 1787
36293631 Interim Committee no later than September 1, 2026.
36303632 1788
36313633 Section 30. Effective Date.
36323634 1789
36333635 This bill takes effect on May 7, 2025.
36343636 - 53 -