UT Code § 53G-10-406 (2021)
2021 Utah Code|Title 53G - Public Education System -- Local Administration|Chapter 10 - Curriculum Participation and Requirements|Part 4 - Health Curriculum Requirements|Section 406 - Underage Drinking and Substance Abuse Prevention Program -- State board rules.

 Effective 5/12/2020  53G-10-406. Underage Drinking and Substance Abuse Prevention Program -- State board rules.    (1) As used in this section:   (a) "Advisory council" means the Underage Drinking and Substance Abuse Prevention Program Advisory Council created in this section.     (b) "Program" means the Underage Drinking and Substance Abuse Prevention Program created in this section.     (c) "School-based prevention program" means an evidence-based program that:   (i) is aimed at preventing underage consumption of alcohol and underage use of electronic cigarette products;     (ii) is delivered by methods that engage students in storytelling and visualization;     (iii) addresses the behavioral risk factors associated with underage drinking and use of electronic cigarette products; and     (iv) provides practical tools to address the dangers of underage drinking and use of electronic cigarette products.         (2) There is created the Underage Drinking and Substance Abuse Prevention Program that consists of:   (a) a school-based prevention program for students in grade 4 or 5;     (b) a school-based prevention program for students in grade 7 or 8; and     (c) a school-based prevention program for students in grade 9 or 10 that increases awareness of the dangers of driving under the influence of alcohol.       (3)   (a) Beginning with the 2018-19 school year, an LEA shall offer the program each school year to each student in grade 7 or 8 and grade 9 or 10.     (b) In addition to Subsection (3)(a), beginning with the 2020-21 school year, an LEA shall offer the program each school year to each student in grade 4 or 5.     (c) An LEA shall select from the providers qualified by the state board under Subsection (6) to offer the program.       (4) The state board shall administer the program with input from the advisory council.     (5) There is created the Underage Drinking and Substance Abuse Prevention Program Advisory Council comprised of the following members:   (a) the executive director of the Department of Alcoholic Beverage Control or the executive director's designee;     (b) the executive director of the Department of Health or the executive director's designee;     (c) the director of the Division of Substance Abuse and Mental Health or the director's designee;     (d) the director of the Division of Child and Family Services or the director's designee;     (e) the director of the Division of Juvenile Justice Services or the director's designee;     (f) the state superintendent or the state superintendent's designee; and     (g) two members of the state board, appointed by the chair of the state board.       (6)   (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall qualify one or more providers to provide the program to an LEA.     (b) In selecting a provider described in Subsection (6)(a), the state board shall consider:   (i) whether the provider's program complies with the requirements described in this section;     (ii) the extent to which the provider's prevention program aligns with core standards for Utah public schools; and     (iii) the provider's experience in providing a program that is effective.         (7)   (a) The state board shall use money from the Underage Drinking and Substance Abuse Prevention Program Restricted Account described in Section 53F-9-304 for the program.     (b) The state board may use money from the Underage Drinking Prevention Program Restricted Account to fund up to .5 of a full-time equivalent position to administer the program.       (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:   (a) beginning with the 2018-19 school year, require an LEA to offer the Underage Drinking and Substance Abuse Prevention Program each school year to each student in grade 7 or 8 and grade 9 or 10;     (b) beginning with the 2020-21 school year, require an LEA to offer the Underage Drinking and Substance Abuse Prevention Program each school year to each student in grade 4 or 5; and     (c) establish criteria for the state board to use in selecting a provider described in Subsection (6).      Amended by Chapter 161, 2020 General SessionAmended by Chapter 408, 2020 General Session