Enrolled Copy S.B. 223
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Public Education Bullying Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Karen M. Peterson
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LONG TITLE
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General Description:
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This bill enacts definitions of bullying for the public education code.
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Highlighted Provisions:
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This bill:
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▸ amends the definition of "bullying";
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▸ defines the terms "staff bullying" and "student bullying"; and
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▸ makes technical corrections.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53E-1-102, as last amended by Laws of Utah 2022, Chapter 214
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53E-3-516, as last amended by Laws of Utah 2024, Chapters 20, 21 and 301
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53G-8-801, as last amended by Laws of Utah 2024, Chapter 21
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53G-9-601, as last amended by Laws of Utah 2024, Chapter 21
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53G-9-606, as last amended by Laws of Utah 2024, Chapter 21
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53E-1-102 is amended to read:
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53E-1-102 . Public education code definitions.
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Unless otherwise indicated, as used in this title, Title 53F, Public Education System --
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Funding, and Title 53G, Public Education System -- Local Administration:
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(1) "Bullying" means the same as that term is defined in Section 53G-9-601. S.B. 223 Enrolled Copy
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[(1)] (2) "Charter agreement" means an agreement made in accordance with Section
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53G-5-303 that authorizes the operation of a charter school.
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[(2)] (3) "Charter school governing board" means the board that governs a charter school.
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[(3)] (4) "District school" means a public school under the control of a local school board.
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[(4)] (5) "Individualized education program" or "IEP" means a written statement for a
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student with a disability that is developed, reviewed, and revised in accordance with the
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Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
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[(5)] (6) "LEA governing board" means:
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(a) for a school district, the local school board;
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(b) for a charter school, the charter school governing board; or
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(c) for the Utah Schools for the Deaf and the Blind, the state board.
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[(6)] (7) "Local education agency" or "LEA" means:
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(a) a school district;
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(b) a charter school; or
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(c) the Utah Schools for the Deaf and the Blind.
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[(7)] (8) "Local school board" means a board elected under Title 20A, Chapter 14, Part 2,
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Election of Members of Local Boards of Education.
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[(8)] (9) "Minimum School Program" means the same as that term is defined in Section
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53F-2-102.
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[(9)] (10) "Parent" means a parent or legal guardian.
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[(10)] (11) "Public education code" means:
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(a) this title;
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(b) Title 53F, Public Education System -- Funding; and
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(c) Title 53G, Public Education System -- Local Administration.
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[(11)] (12) "Section 504 accommodation plan" means a plan developed in accordance with
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Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq., for a student
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with a disability, to meet the student's educational needs and ensure equitable access to a
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free appropriate public education.
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[(12)] (13) "School nurse" means a registered nurse:
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(a) who holds:
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(i) a license under Title 58, Chapter 31b, Nurse Practice Act; or
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(ii) a multistate license as that term is defined in Section 58-31e-102; and
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(b) whose primary role is the care of a defined group of students enrolled in the public
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school system.
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[(13)] (14) "State board" means the State Board of Education.
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[(14)] (15) "State superintendent" means the state superintendent of public instruction
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appointed under Section 53E-3-301.
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Section 2. Section 53E-3-516 is amended to read:
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53E-3-516 . School disciplinary and law enforcement action report --
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Rulemaking authority.
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(1) As used in this section:
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(a) "Dangerous weapon" means a firearm or an object that in the manner of the object's
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use or intended use is capable of causing death or serious bodily injury to an
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individual.
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(b)(i) "Law enforcement action" means a significant law enforcement interaction with
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a minor.
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(ii) "Law enforcement action" includes the following actions against a minor:
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(A) a search and seizure;
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(B) an arrest;
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(C) the issuance of a citation;
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(D) the filing of a delinquency petition, indictment, or criminal information;
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(E) a referral to the juvenile court; or
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(F) use of force by a law enforcement officer.
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(c) "Law enforcement agency" means the same as that term is defined in Section
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77-7a-103.
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(d) "Law enforcement officer" means the same as that term is defined in Section
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53-13-103.
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(e) "Minor" means the same as that term is defined in Section 80-1-102.
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(f)(i) "School disciplinary action" means an action by a public school to formally
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discipline a student of that public school.
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(ii) "School disciplinary action" includes a suspension or an expulsion.
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(g) "School is in session" means the hours of a day during which a public school
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conducts instruction for which student attendance is counted toward calculating
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average daily membership.
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(h)(i) "School-sponsored activity" means an activity, fundraising event, club, camp,
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clinic, or other event or activity that is authorized by a specific public school,
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according to LEA governing board policy, and satisfies at least one of the
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following conditions:
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(A) the activity is managed or supervised by a school district, public school, or
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public school employee;
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(B) the activity uses the school district or public school facilities, equipment, or
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other school resources; or
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(C) the activity is supported or subsidized, more than inconsequentially, by public
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funds, including the public school's activity funds or Minimum School
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Program dollars.
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(ii) "School-sponsored activity" includes preparation for and involvement in a public
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performance, contest, athletic competition, demonstration, display, or club activity.
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(i) " School resource officer" means the same as that term is defined in Section
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53G-8-701.
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(2) The state board shall develop an annual report regarding the following incidents that
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occur on school grounds while school is in session or during a school-sponsored activity:
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(a) school disciplinary actions;
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(b) minors found in possession of a dangerous weapon; and
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(c) law enforcement actions.
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(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with the
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state board and LEAs to provide and validate data and information necessary to
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complete the report described in Subsection (2), as requested by an LEA or the state
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board.
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(4) The report described in Subsection (2) shall include the following information listed
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separately for each school in an LEA:
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(a) the number of law enforcement actions, including the following information for each
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incident:
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(i) the reason for the law enforcement action; and
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(ii) the type of law enforcement action used;
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(b) the number of school disciplinary actions, including the following information for
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each incident:
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(i) the reason for the school disciplinary action;
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(ii) the type of school disciplinary action;
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(iii) the number of suspensions imposed;
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(iv) the average length of suspensions;
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(v) the number of days of instruction lost due to suspensions; and
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(vi) the number of expulsions;
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(c) the number of school resource officers employed;
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(d) if applicable, the demographics of an individual student who is subject to, as the
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following are defined in Section 53G-9-601, student bullying, hazing, cyber-bullying,
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or retaliation; and
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(e) the number of minors found in possession of a dangerous weapon on school grounds
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while school is in session or during a school-sponsored activity.
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(5) The report described in Subsection (2) shall include the following information, in
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aggregate, for each element described in Subsections (4)(a) and (b):
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(a) age;
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(b) grade level;
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(c) race;
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(d) sex;
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(e) disability status; and
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(f) youth in care designation.
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(6) Information included in the annual report described in Subsection (2) shall comply with:
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(a) Chapter 9, Part 3, Student Data Protection;
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(b) Chapter 9, Part 2, Student Privacy; and
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(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
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(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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state board shall make rules to compile the report described in Subsection (2).
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(8)(a) The state board shall provide the report described in Subsection (2):
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(i) in accordance with Section 53E-1-203 for incidents that occurred during the
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previous school year; and
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(ii) to the State Commission on Criminal and Juvenile Justice before January 15 of
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each year for incidents that occurred during the previous school year.
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(b) After submitting the report in accordance with this section, the state board shall
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supplement the report to the State Commission on Criminal and Juvenile Justice with
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updated data and information within 30 days after the day on which the state board
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receives the updated data and information.
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Section 3. Section 53G-8-801 is amended to read:
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53G-8-801 . Definitions.
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As used in this section:
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[(1) "Bullying" means the same as that term is defined in Section 53G-9-601.]
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[(2)] (1) "Law enforcement officer" means the same as that term is defined in Section
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53-13-103.
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[(3)] (2) "School Safety Center" means the entity established in Section 53G-8-802.
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[(4)] (3) "State security chief" means the same as that term is defined in Section 53-22-101.
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Section 4. Section 53G-9-601 is amended to read:
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53G-9-601 . Definitions.
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As used in this part:
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(1)(a) "Abusive conduct" means verbal, nonverbal, or physical conduct of a parent or
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student directed toward a school employee that, based on its severity, nature, and
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frequency of occurrence, a reasonable person would determine is intended to cause
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intimidation, humiliation, or unwarranted distress.
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(b) A single act does not constitute abusive conduct.
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(2) "Action plan" means a process to address an incident as described in Section
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53G-9-605.5.
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(3) "Bullying" means [a school employee or student intentionally committing a written,
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verbal, or physical act against a school employee or student that a reasonable person
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under the circumstances should know or reasonably foresee will have the effect of:]
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student bullying and staff bullying.
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[(a) causing physical or emotional harm to the school employee or student;]
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[(b) causing damage to the school employee's or student's property;]
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[(c) placing the school employee or student in reasonable fear of:]
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[(i) harm to the school employee's or student's physical or emotional well-being; or]
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[(ii) damage to the school employee's or student's property;]
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[(d) creating a hostile, threatening, humiliating, or abusive educational environment due
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to:]
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[(i) the pervasiveness, persistence, or severity of the actions; or]
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[(ii) a power differential between the bully and the target; or]
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[(e) substantially interfering with a student having a safe school environment that is
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necessary to facilitate educational performance, opportunities, or benefits.]
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(4) "Communication" means the conveyance of a message, whether verbal, written, or
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electronic.
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(5) "Cyber-bullying" means using the Internet, a cell phone, or another device to send or
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post text, video, or an image with the intent or knowledge, or with reckless disregard,
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that the text, video, or image will hurt, embarrass, or threaten an individual, regardless
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of whether the individual directed, consented to, or acquiesced in the conduct, or
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voluntarily accessed the electronic communication.
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(6)(a) "Hazing" means a school employee or student intentionally, knowingly, or
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recklessly committing an act or causing another individual to commit an act toward a
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school employee or student that:
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(i)(A) endangers the mental or physical health or safety of a school employee or
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student;
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(B) involves any brutality of a physical nature, including whipping, beating,
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branding, calisthenics, bruising, electric shocking, placing of a harmful
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substance on the body, or exposure to the elements;
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(C) involves consumption of any food, alcoholic product, drug, or other substance
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or other physical activity that endangers the mental or physical health and
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safety of a school employee or student; or
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(D) involves any activity that would subject a school employee or student to
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extreme mental stress, such as sleep deprivation, extended isolation from social
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contact, or conduct that subjects a school employee or student to extreme
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embarrassment, shame, or humiliation; and
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(ii)(A) is committed for the purpose of initiation into, admission into, affiliation
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with, holding office in, or as a condition for membership in a school or school
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sponsored team, organization, program, club, or event; or
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(B) is directed toward a school employee or student whom the individual who
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commits the act knows, at the time the act is committed, is a member of, or
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candidate for membership in, a school or school sponsored team, organization,
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program, club, or event in which the individual who commits the act also
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participates.
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(b) The conduct described in Subsection (6)(a) constitutes hazing, regardless of whether
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the school employee or student against whom the conduct is committed directed,
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consented to, or acquiesced in, the conduct.
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(7) "Incident" means an incident of bullying, cyber-bullying, hazing, or retaliation that is
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prohibited under this part.
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(8) "LEA governing board" means a local school board or charter school governing board.
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(9) "Policy" means an LEA governing board policy described in Section 53G-9-605.
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(10) "Public education suicide prevention coordinator" means the public education suicide
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prevention coordinator described in Section 53G-9-702.
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(11) "Retaliate" means an act or communication intended:
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(a) as retribution against a person for reporting bullying or hazing; or
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(b) to improperly influence the investigation of, or the response to, a report of bullying
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or hazing.
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(12) "School" means a public elementary or secondary school, including a charter school.
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(13) "School employee" means an individual working in the individual's official capacity as:
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(a) a school teacher;
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(b) a school staff member;
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(c) a school administrator; or
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(d) an individual:
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(i) who is employed, directly or indirectly, by a school, an LEA governing board, or a
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school district; [and] or
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(ii) who works on a school campus.
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(14)(a) "Staff bullying" means a school employee, with the intent to cause harm,
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repeatedly committing a written, verbal, or physical act against a student or another
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school employee, or engaging in a single egregious act toward another employee
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involving an imbalance of power, that:
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(i) creates an environment that a reasonable person would find hostile, threatening, or
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humiliating; and
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(ii) substantially interferes with a student's or employee's educational or professional
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performance, opportunities, or benefits.
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(b) "Staff bullying" does not mean instances of:
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(i) ordinary teasing, horseplay, argument, or peer conflict;
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(ii) reasonable correction of behavior by a school employee; or
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(iii) reasonable coaching strategies and techniques by a school employee who is a
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coach.
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(15)(a) "Student bullying" means one or more students, with the intent to cause harm,
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repeatedly committing a written, verbal, or physical act against another student, or
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engaging in a single egregious act toward another student involving an imbalance of
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power, that:
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(i) creates an environment that a reasonable person would find hostile; and
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(ii) interferes with a student's educational performance, opportunities, or benefits.
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(b) "Student bullying" does not mean instances of:
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(i) ordinary teasing, horseplay, argument, or peer conflict;
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(ii) reasonable correction of behavior by a school employee; or
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(iii) reasonable coaching strategies and techniques by a school employee who is a
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coach.
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[(14)] (16) "State suicide prevention coordinator" means the state suicide prevention
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coordinator described in Section 26B-5-611.
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[(15)] (17) "State superintendent" means the state superintendent of public instruction
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appointed under Section 53E-3-301.
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Section 5. Section 53G-9-606 is amended to read:
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53G-9-606 . Model policy and state board duties.
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(1) The state board shall:
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(a) create a model policy on bullying, cyber-bullying, hazing, abusive conduct, and
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retaliation; and
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(b) post the model policy described in Subsection (1)(a) on the state board's website.
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(2) The state board shall require an LEA governing board to report annually to the state
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board on:
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(a) the LEA governing board's policy, including implementation of the signed statement
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requirement described in Subsection 53G-9-605(3);
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(b) the LEA governing board's training of school employees relating to bullying,
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cyber-bullying, hazing, and retaliation described in Section 53G-9-607;
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(c) the demographics of an individual student who is subject to student bullying, hazing,
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cyber-bullying, or retaliation subject to:
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(i) Title 53E, Chapter 9, Part 2, Student Privacy;
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(ii) Title 53E, Chapter 9, Part 3, Student Data Protection;
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(iii) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
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(iv) 34 C.F.R. Part 99; and
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(d) other information related to this part, as determined by the state board.
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Section 6. Effective Date.
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This bill takes effect on May 7, 2025.
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