2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 516 - School disciplinary and law enforcement action report -- Rulemaking authority.

Effective 10/1/2023
53E-3-516.
School disciplinary and law enforcement action report -- Rulemaking authority.
(1) As used in this section:
(a) "Dangerous weapon" means the same as that term is defined in Section 53G-8-510.
(b) "Disciplinary action" means an action by a public school meant to formally discipline a student of that public school that includes a suspension or expulsion.
(c) "Law enforcement agency" means the same as that term is defined in Section 77-7a-103.
(d) "Minor" means the same as that term is defined in Section 80-1-102.
(e) "Other law enforcement activity" means a significant law enforcement interaction with a minor that does not result in an arrest, including:
(i) a search and seizure by an SRO;
(ii) issuance of a criminal citation;
(iii) issuance of a ticket or summons;
(iv) filing a delinquency petition; or
(v) referral to a probation officer.
(f) "School is in session" means the hours of a day during which a public school conducts instruction for which student attendance is counted toward calculating average daily membership.
(g)
(i) "School-sponsored activity" means an activity, fundraising event, club, camp, clinic, or other event or activity that is authorized by a specific public school, according to LEA governing board policy, and satisfies at least one of the following conditions:
(A) the activity is managed or supervised by a school district, public school, or public school employee;
(B) the activity uses the school district or public school facilities, equipment, or other school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public performance, contest, athletic competition, demonstration, display, or club activity.
(h) " School resource officer" or "SRO" means the same as that term is defined in Section 53G-8-701.
(2) Beginning on July 1, 2023, the state board shall develop an annual report regarding the following incidents that occur on school grounds while school is in session or during a school-sponsored activity:
(a) arrests of a minor;
(b) other law enforcement activities;
(c) disciplinary actions; and
(d) minors found in possession of a dangerous weapon.
(3) Pursuant to state and federal law, law enforcement agencies shall collaborate with the state board and LEAs to provide and validate data and information necessary to complete the report described in Subsection (2), as requested by an LEA or the state board.
(4) The report described in Subsection (2) shall include the following information listed separately for each LEA:
(a) the number of arrests of a minor, including the reason why the minor was arrested;
(b) the number of other law enforcement activities, including the following information for each incident:
(i) the reason for the other law enforcement activity; and
(ii) the type of other law enforcement activity used;
(c) the number of disciplinary actions imposed, including:
(i) the reason for the disciplinary action; and
(ii) the type of disciplinary action;
(d) the number of SROs employed;
(e) if applicable, the demographics of an individual who is subject to, as the following are defined in Section 53G-9-601, bullying, hazing, cyber-bullying, or retaliation; and
(f) the number of minors found in possession of a dangerous weapon on school grounds while school is in session or during a school-sponsored activity.
(5) The report described in Subsection (2) shall include the following information, in aggregate, for each element described in Subsections (4)(a) through (c):
(a) age;
(b) grade level;
(c) race;
(d) sex; and
(e) disability status.
(6) Information included in the annual report described in Subsection (2) shall comply with:
(a)Chapter 9, Part 3, Student Data Protection;
(b)Chapter 9, Part 2, Student Privacy; and
(c) the Family Education Rights and Privacy Act, 20 U.S.C. Secs. 1232g and 1232h.
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to compile the report described in Subsection (2).
(8) The state board shall provide the report described in Subsection (2):
(a) in accordance with Section 53E-1-203 for incidents that occurred during the previous school year; and
(b) to the State Commission on Criminal and Juvenile Justice before July 1 of each year for incidents that occurred during the previous school year.
Amended by Chapter 115, 2023 General Session
Amended by Chapter 161, 2023 General Session