Utah 2025 Regular Session

Utah Senate Bill SB0223 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 223
	1	+	02-20 09:24 1st Sub. (Green) S.B. 223
	2	+	Michael K. McKell proposes the following substitute bill:
2	3		1
3	4		Public Education Bullying Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Michael K. McKell
7		-	House Sponsor: ~~Karen M. Peterson~~
	8	+	House Sponsor:
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill enacts definitions of bullying for the public education code.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ amends the definition of "bullying";
22	23		9
23	24		▸ defines the terms "staff bullying" and "student bullying"; and
24	25		10
25	26		▸ makes technical corrections.
26	27		11
27	28		Money Appropriated in this Bill:
28	29		12
29	30		None
30	31		13
31	32		Other Special Clauses:
32	33		14
33	34		None
34	35		15
35	36		Utah Code Sections Affected:
36	37		16
37	38		AMENDS:
38	39		17
39	40		53E-1-102, as last amended by Laws of Utah 2022, Chapter 214
40	41		18
41	42		53E-3-516, as last amended by Laws of Utah 2024, Chapters 20, 21 and 301
42	43		19
43	44		53G-8-801, as last amended by Laws of Utah 2024, Chapter 21
44	45		20
45	46		53G-9-601, as last amended by Laws of Utah 2024, Chapter 21
46	47		21
47	48		53G-9-606, as last amended by Laws of Utah 2024, Chapter 21
48	49		22
49	50
50	51		23
51	52		Be it enacted by the Legislature of the state of Utah:
52	53		24
53	54		Section 1. Section 53E-1-102 is amended to read:
54	55		25
55	56		53E-1-102 . Public education code definitions.
56	57		26
57	58		Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
58	59		27
59	60		Funding, and Title 53G, Public Education System -- Local Administration:
60	61		28
61		-	(1) "Bullying" means the same as that term is defined in Section 53G-9-601. ~~S.B. 223 Enrolled Copy~~
	62	+	(1) "Bullying" means the same as that term is defined in Section 53G-9-601.
62	63		29
63	64		[(1)] (2) "Charter agreement" means an agreement made in accordance with Section
	65	+	1st Sub. S.B. 223 1st Sub. (Green) S.B. 223 02-20 09:24
64	66		30
65	67		53G-5-303 that authorizes the operation of a charter school.
66	68		31
67	69		[(2)] (3) "Charter school governing board" means the board that governs a charter school.
68	70		32
69	71		[(3)] (4) "District school" means a public school under the control of a local school board.
70	72		33
71	73		[(4)] (5) "Individualized education program" or "IEP" means a written statement for a
72	74		34
73	75		student with a disability that is developed, reviewed, and revised in accordance with the
74	76		35
75	77		Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
76	78		36
77	79		[(5)] (6) "LEA governing board" means:
78	80		37
79	81		(a) for a school district, the local school board;
80	82		38
81	83		(b) for a charter school, the charter school governing board; or
82	84		39
83	85		(c) for the Utah Schools for the Deaf and the Blind, the state board.
84	86		40
85	87		[(6)] (7) "Local education agency" or "LEA" means:
86	88		41
87	89		(a) a school district;
88	90		42
89	91		(b) a charter school; or
90	92		43
91	93		(c) the Utah Schools for the Deaf and the Blind.
92	94		44
93	95		[(7)] (8) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
94	96		45
95	97		Election of Members of Local Boards of Education.
96	98		46
97	99		[(8)] (9) "Minimum School Program" means the same as that term is defined in Section
98	100		47
99	101		53F-2-102.
100	102		48
101	103		[(9)] (10) "Parent" means a parent or legal guardian.
102	104		49
103	105		[(10)] (11) "Public education code" means:
104	106		50
105	107		(a) this title;
106	108		51
107	109		(b) Title 53F, Public Education System -- Funding; and
108	110		52
109	111		(c) Title 53G, Public Education System -- Local Administration.
110	112		53
111	113		[(11)] (12) "Section 504 accommodation plan" means a plan developed in accordance with
112	114		54
113	115		Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
114	116		55
115	117		with a disability, to meet the student's educational needs and ensure equitable access to a
116	118		56
117	119		free appropriate public education.
118	120		57
119	121		[(12)] (13) "School nurse" means a registered nurse:
120	122		58
121	123		(a) who holds:
122	124		59
123	125		(i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
124	126		60
125	127		(ii) a multistate license as that term is defined in Section 58-31e-102; and
126	128		61
127	129		(b) whose primary role is the care of a defined group of students enrolled in the public
128	130		62
129	131		school system.
130		-	- 2 - Enrolled Copy S.B. 223
131	132		63
132	133		[(13)] (14) "State board" means the State Board of Education.
	134	+	- 2 - 02-20 09:24 1st Sub. (Green) S.B. 223
133	135		64
134	136		[(14)] (15) "State superintendent" means the state superintendent of public instruction
135	137		65
136	138		appointed under Section 53E-3-301.
137	139		66
138	140		Section 2. Section 53E-3-516 is amended to read:
139	141		67
140	142		53E-3-516 . School disciplinary and law enforcement action report --
141	143		68
142	144		Rulemaking authority.
143	145		69
144	146		(1) As used in this section:
145	147		70
146	148		(a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
147	149		71
148	150		use or intended use is capable of causing death or serious bodily injury to an
149	151		72
150	152		individual.
151	153		73
152	154		(b)(i) "Law enforcement action" means a significant law enforcement interaction with
153	155		74
154	156		a minor.
155	157		75
156	158		(ii) "Law enforcement action" includes the following actions against a minor:
157	159		76
158	160		(A) a search and seizure;
159	161		77
160	162		(B) an arrest;
161	163		78
162	164		(C) the issuance of a citation;
163	165		79
164	166		(D) the filing of a delinquency petition, indictment, or criminal information;
165	167		80
166	168		(E) a referral to the juvenile court; or
167	169		81
168	170		(F) use of force by a law enforcement officer.
169	171		82
170	172		(c) "Law enforcement agency" means the same as that term is defined in Section
171	173		83
172	174		77-7a-103.
173	175		84
174	176		(d) "Law enforcement officer" means the same as that term is defined in Section
175	177		85
176	178		53-13-103.
177	179		86
178	180		(e) "Minor" means the same as that term is defined in Section 80-1-102.
179	181		87
180	182		(f)(i) "School disciplinary action" means an action by a public school to formally
181	183		88
182	184		discipline a student of that public school.
183	185		89
184	186		(ii) "School disciplinary action" includes a suspension or an expulsion.
185	187		90
186	188		(g) "School is in session" means the hours of a day during which a public school
187	189		91
188	190		conducts instruction for which student attendance is counted toward calculating
189	191		92
190	192		average daily membership.
191	193		93
192	194		(h)(i) "School-sponsored activity" means an activity, fundraising event, club, camp,
193	195		94
194	196		clinic, or other event or activity that is authorized by a specific public school,
195	197		95
196	198		according to LEA governing board policy, and satisfies at least one of the
197	199		96
198	200		following conditions:
199		-	- 3 - S.B. 223 Enrolled Copy
200	201		97
201	202		(A) the activity is managed or supervised by a school district, public school, or
	203	+	- 3 - 1st Sub. (Green) S.B. 223 02-20 09:24
202	204		98
203	205		public school employee;
204	206		99
205	207		(B) the activity uses the school district or public school facilities, equipment, or
206	208		100
207	209		other school resources; or
208	210		101
209	211		(C) the activity is supported or subsidized, more than inconsequentially, by public
210	212		102
211	213		funds, including the public school's activity funds or Minimum School
212	214		103
213	215		Program dollars.
214	216		104
215	217		(ii) "School-sponsored activity" includes preparation for and involvement in a public
216	218		105
217	219		performance, contest, athletic competition, demonstration, display, or club activity.
218	220		106
219	221		(i) " School resource officer" means the same as that term is defined in Section
220	222		107
221	223		53G-8-701.
222	224		108
223	225		(2) The state board shall develop an annual report regarding the following incidents that
224	226		109
225	227		occur on school grounds while school is in session or during a school-sponsored activity:
226	228		110
227	229		(a) school disciplinary actions;
228	230		111
229	231		(b) minors found in possession of a dangerous weapon; and
230	232		112
231	233		(c) law enforcement actions.
232	234		113
233	235		(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with the
234	236		114
235	237		state board and LEAs to provide and validate data and information necessary to
236	238		115
237	239		complete the report described in Subsection (2), as requested by an LEA or the state
238	240		116
239	241		board.
240	242		117
241	243		(4) The report described in Subsection (2) shall include the following information listed
242	244		118
243	245		separately for each school in an LEA:
244	246		119
245	247		(a) the number of law enforcement actions, including the following information for each
246	248		120
247	249		incident:
248	250		121
249	251		(i) the reason for the law enforcement action; and
250	252		122
251	253		(ii) the type of law enforcement action used;
252	254		123
253	255		(b) the number of school disciplinary actions, including the following information for
254	256		124
255	257		each incident:
256	258		125
257	259		(i) the reason for the school disciplinary action;
258	260		126
259	261		(ii) the type of school disciplinary action;
260	262		127
261	263		(iii) the number of suspensions imposed;
262	264		128
263	265		(iv) the average length of suspensions;
264	266		129
265	267		(v) the number of days of instruction lost due to suspensions; and
266	268		130
267	269		(vi) the number of expulsions;
268		-	- 4 - Enrolled Copy S.B. 223
269	270		131
270	271		(c) the number of school resource officers employed;
	272	+	- 4 - 02-20 09:24 1st Sub. (Green) S.B. 223
271	273		132
272	274		(d) if applicable, the demographics of an individual student who is subject to, as the
273	275		133
274	276		following are defined in Section 53G-9-601, student bullying, hazing, cyber-bullying,
275	277		134
276	278		or retaliation; and
277	279		135
278	280		(e) the number of minors found in possession of a dangerous weapon on school grounds
279	281		136
280	282		while school is in session or during a school-sponsored activity.
281	283		137
282	284		(5) The report described in Subsection (2) shall include the following information, in
283	285		138
284	286		aggregate, for each element described in Subsections (4)(a) and (b):
285	287		139
286	288		(a) age;
287	289		140
288	290		(b) grade level;
289	291		141
290	292		(c) race;
291	293		142
292	294		(d) sex;
293	295		143
294	296		(e) disability status; and
295	297		144
296	298		(f) youth in care designation.
297	299		145
298	300		(6) Information included in the annual report described in Subsection (2) shall comply with:
299	301		146
300	302		(a) Chapter 9, Part 3, Student Data Protection;
301	303		147
302	304		(b) Chapter 9, Part 2, Student Privacy; and
303	305		148
304	306		(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
305	307		149
306	308		(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
307	309		150
308	310		state board shall make rules to compile the report described in Subsection (2).
309	311		151
310	312		(8)(a) The state board shall provide the report described in Subsection (2):
311	313		152
312	314		(i) in accordance with Section 53E-1-203 for incidents that occurred during the
313	315		153
314	316		previous school year; and
315	317		154
316	318		(ii) to the State Commission on Criminal and Juvenile Justice before January 15 of
317	319		155
318	320		each year for incidents that occurred during the previous school year.
319	321		156
320	322		(b) After submitting the report in accordance with this section, the state board shall
321	323		157
322	324		supplement the report to the State Commission on Criminal and Juvenile Justice with
323	325		158
324	326		updated data and information within 30 days after the day on which the state board
325	327		159
326	328		receives the updated data and information.
327	329		160
328	330		Section 3. Section 53G-8-801 is amended to read:
329	331		161
330	332		53G-8-801 . Definitions.
331	333		162
332	334		As used in this section:
333	335		163
334	336		[(1) "Bullying" means the same as that term is defined in Section 53G-9-601.]
335	337		164
336	338		[(2)] (1) "Law enforcement officer" means the same as that term is defined in Section
337		-	- 5 - S.B. 223 Enrolled Copy
338	339		165
339	340		53-13-103.
	341	+	- 5 - 1st Sub. (Green) S.B. 223 02-20 09:24
340	342		166
341	343		[(3)] (2) "School Safety Center" means the entity established in Section 53G-8-802.
342	344		167
343	345		[(4)] (3) "State security chief" means the same as that term is defined in Section 53-22-101.
344	346		168
345	347		Section 4. Section 53G-9-601 is amended to read:
346	348		169
347	349		53G-9-601 . Definitions.
348	350		170
349	351		As used in this part:
350	352		171
351	353		(1)(a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
352	354		172
353	355		student directed toward a school employee that, based on its severity, nature, and
354	356		173
355	357		frequency of occurrence, a reasonable person would determine is intended to cause
356	358		174
357	359		intimidation, humiliation, or unwarranted distress.
358	360		175
359	361		(b) A single act does not constitute abusive conduct.
360	362		176
361	363		(2) "Action plan" means a process to address an incident as described in Section
362	364		177
363	365		53G-9-605.5.
364	366		178
365	367		(3) "Bullying" means [a school employee or student intentionally committing a written,
366	368		179
367	369		verbal, or physical act against a school employee or student that a reasonable person
368	370		180
369	371		under the circumstances should know or reasonably foresee will have the effect of:]
370	372		181
371	373		student bullying and staff bullying.
372	374		182
373	375		[(a) causing physical or emotional harm to the school employee or student;]
374	376		183
375	377		[(b) causing damage to the school employee's or student's property;]
376	378		184
377	379		[(c) placing the school employee or student in reasonable fear of:]
378	380		185
379	381		[(i) harm to the school employee's or student's physical or emotional well-being; or]
380	382		186
381	383		[(ii) damage to the school employee's or student's property;]
382	384		187
383	385		[(d) creating a hostile, threatening, humiliating, or abusive educational environment due
384	386		188
385	387		to:]
386	388		189
387	389		[(i) the pervasiveness, persistence, or severity of the actions; or]
388	390		190
389	391		[(ii) a power differential between the bully and the target; or]
390	392		191
391	393		[(e) substantially interfering with a student having a safe school environment that is
392	394		192
393	395		necessary to facilitate educational performance, opportunities, or benefits.]
394	396		193
395	397		(4) "Communication" means the conveyance of a message, whether verbal, written, or
396	398		194
397	399		electronic.
398	400		195
399	401		(5) "Cyber-bullying" means using the Internet, a cell phone, or another device to send or
400	402		196
401	403		post text, video, or an image with the intent or knowledge, or with reckless disregard,
402	404		197
403	405		that the text, video, or image will hurt, embarrass, or threaten an individual, regardless
404	406		198
405	407		of whether the individual directed, consented to, or acquiesced in the conduct, or
406		-	- 6 - Enrolled Copy S.B. 223
407	408		199
408	409		voluntarily accessed the electronic communication.
	410	+	- 6 - 02-20 09:24 1st Sub. (Green) S.B. 223
409	411		200
410	412		(6)(a) "Hazing" means a school employee or student intentionally, knowingly, or
411	413		201
412	414		recklessly committing an act or causing another individual to commit an act toward a
413	415		202
414	416		school employee or student that:
415	417		203
416	418		(i)(A) endangers the mental or physical health or safety of a school employee or
417	419		204
418	420		student;
419	421		205
420	422		(B) involves any brutality of a physical nature, including whipping, beating,
421	423		206
422	424		branding, calisthenics, bruising, electric shocking, placing of a harmful
423	425		207
424	426		substance on the body, or exposure to the elements;
425	427		208
426	428		(C) involves consumption of any food, alcoholic product, drug, or other substance
427	429		209
428	430		or other physical activity that endangers the mental or physical health and
429	431		210
430	432		safety of a school employee or student; or
431	433		211
432	434		(D) involves any activity that would subject a school employee or student to
433	435		212
434	436		extreme mental stress, such as sleep deprivation, extended isolation from social
435	437		213
436	438		contact, or conduct that subjects a school employee or student to extreme
437	439		214
438	440		embarrassment, shame, or humiliation; and
439	441		215
440	442		(ii)(A) is committed for the purpose of initiation into, admission into, affiliation
441	443		216
442	444		with, holding office in, or as a condition for membership in a school or school
443	445		217
444	446		sponsored team, organization, program, club, or event; or
445	447		218
446	448		(B) is directed toward a school employee or student whom the individual who
447	449		219
448	450		commits the act knows, at the time the act is committed, is a member of, or
449	451		220
450	452		candidate for membership in, a school or school sponsored team, organization,
451	453		221
452	454		program, club, or event in which the individual who commits the act also
453	455		222
454	456		participates.
455	457		223
456	458		(b) The conduct described in Subsection (6)(a) constitutes hazing, regardless of whether
457	459		224
458	460		the school employee or student against whom the conduct is committed directed,
459	461		225
460	462		consented to, or acquiesced in, the conduct.
461	463		226
462	464		(7) "Incident" means an incident of bullying, cyber-bullying, hazing, or retaliation that is
463	465		227
464	466		prohibited under this part.
465	467		228
466	468		(8) "LEA governing board" means a local school board or charter school governing board.
467	469		229
468	470		(9) "Policy" means an LEA governing board policy described in Section 53G-9-605.
469	471		230
470	472		(10) "Public education suicide prevention coordinator" means the public education suicide
471	473		231
472	474		prevention coordinator described in Section 53G-9-702.
473	475		232
474	476		(11) "Retaliate" means an act or communication intended:
475		-	- 7 - S.B. 223 Enrolled Copy
476	477		233
477	478		(a) as retribution against a person for reporting bullying or hazing; or
	479	+	- 7 - 1st Sub. (Green) S.B. 223 02-20 09:24
478	480		234
479	481		(b) to improperly influence the investigation of, or the response to, a report of bullying
480	482		235
481	483		or hazing.
482	484		236
483	485		(12) "School" means a public elementary or secondary school, including a charter school.
484	486		237
485	487		(13) "School employee" means an individual working in the individual's official capacity as:
486	488		238
487	489		(a) a school teacher;
488	490		239
489	491		(b) a school staff member;
490	492		240
491	493		(c) a school administrator; or
492	494		241
493	495		(d) an individual:
494	496		242
495	497		(i) who is employed, directly or indirectly, by a school, an LEA governing board, or a
496	498		243
497	499		school district; [and] or
498	500		244
499	501		(ii) who works on a school campus.
500	502		245
501	503		(14)(a) "Staff bullying" means a school employee, with the intent to cause harm,
502	504		246
503	505		repeatedly committing a written, verbal, or physical act against a student or another
504	506		247
505	507		school employee, or engaging in a single egregious act toward another employee
506	508		248
507	509		involving an imbalance of power, that:
508	510		249
509	511		(i) creates an environment that a reasonable person would find hostile, threatening, or
510	512		250
511	513		humiliating; and
512	514		251
513	515		(ii) substantially interferes with a student's or employee's educational or professional
514	516		252
515	517		performance, opportunities, or benefits.
516	518		253
517	519		(b) "Staff bullying" does not mean instances of:
518	520		254
519	521		(i) ordinary teasing, horseplay, argument, or peer conflict;
520	522		255
521	523		(ii) reasonable correction of behavior by a school employee; or
522	524		256
523	525		(iii) reasonable coaching strategies and techniques by a school employee who is a
524	526		257
525	527		coach.
526	528		258
527	529		(15)(a) "Student bullying" means one or more students, with the intent to cause harm,
528	530		259
529	531		repeatedly committing a written, verbal, or physical act against another student, or
530	532		260
531	533		engaging in a single egregious act toward another student involving an imbalance of
532	534		261
533	535		power, that:
534	536		262
535	537		(i) creates an environment that a reasonable person would find hostile; and
536	538		263
537	539		(ii) interferes with a student's educational performance, opportunities, or benefits.
538	540		264
539	541		(b) "Student bullying" does not mean instances of:
540	542		265
541	543		(i) ordinary teasing, horseplay, argument, or peer conflict;
542	544		266
543	545		(ii) reasonable correction of behavior by a school employee; or
544		-	- 8 - Enrolled Copy S.B. 223
545	546		267
546	547		(iii) reasonable coaching strategies and techniques by a school employee who is a
	548	+	- 8 - 02-20 09:24 1st Sub. (Green) S.B. 223
547	549		268
548	550		coach.
549	551		269
550	552		[(14)] (16) "State suicide prevention coordinator" means the state suicide prevention
551	553		270
552	554		coordinator described in Section 26B-5-611.
553	555		271
554	556		[(15)] (17) "State superintendent" means the state superintendent of public instruction
555	557		272
556	558		appointed under Section 53E-3-301.
557	559		273
558	560		Section 5. Section 53G-9-606 is amended to read:
559	561		274
560	562		53G-9-606 . Model policy and state board duties.
561	563		275
562	564		(1) The state board shall:
563	565		276
564	566		(a) create a model policy on bullying, cyber-bullying, hazing, abusive conduct, and
565	567		277
566	568		retaliation; and
567	569		278
568	570		(b) post the model policy described in Subsection (1)(a) on the state board's website.
569	571		279
570	572		(2) The state board shall require an LEA governing board to report annually to the state
571	573		280
572	574		board on:
573	575		281
574	576		(a) the LEA governing board's policy, including implementation of the signed statement
575	577		282
576	578		requirement described in Subsection 53G-9-605(3);
577	579		283
578	580		(b) the LEA governing board's training of school employees relating to bullying,
579	581		284
580	582		cyber-bullying, hazing, and retaliation described in Section 53G-9-607;
581	583		285
582	584		(c) the demographics of an individual student who is subject to student bullying, hazing,
583	585		286
584	586		cyber-bullying, or retaliation subject to:
585	587		287
586	588		(i) Title 53E, Chapter 9, Part 2, Student Privacy;
587	589		288
588	590		(ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
589	591		289
590	592		(iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
591	593		290
592	594		(iv) 34 C.F.R. Part 99; and
593	595		291
594	596		(d) other information related to this part, as determined by the state board.
595	597		292
596	598		Section 6. Effective Date.
597	599		293
598	600		This bill takes effect on May 7, 2025.
599	601		- 9 -