(1) As used in this section:

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Terms Used In Utah Code 53E-3-516

  • Arrest: Taking physical custody of a person by lawful authority.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • LEA: means :
         (6)(a) a school district;
         (6)(b) a charter school; or
         (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
  • LEA governing board: means :
         (5)(a) for a school district, the local school board;
         (5)(b) for a charter school, the charter school governing board; or
         (5)(c) for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53E-1-102
  • Minimum School Program: means the same as that term is defined in Section 53F-2-102. See Utah Code 53E-1-102
  • Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
         (34)(a) sex and reproductive organ anatomy;
         (34)(b) chromosomal makeup; and
         (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
     (1)(a) “Dangerous weapon” means the same as that term is defined in Section 53G-8-510.
     (1)(b)

          (1)(b)(i) “Law enforcement action” means a significant law enforcement interaction with a minor.
          (1)(b)(ii) “Law enforcement action” includes the following actions against a minor:

               (1)(b)(ii)(A) a search and seizure;
               (1)(b)(ii)(B) an arrest;
               (1)(b)(ii)(C) the issuance of a citation;
               (1)(b)(ii)(D) the filing of a delinquency petition, indictment, or criminal information;
               (1)(b)(ii)(E) a referral to the juvenile court; or
               (1)(b)(ii)(F) use of force by a law enforcement officer.
     (1)(c) “Law enforcement agency” means the same as that term is defined in Section 77-7a-103.
     (1)(d) “Law enforcement officer” means the same as that term is defined in Section 53-13-103.
     (1)(e) “Minor” means the same as that term is defined in Section 80-1-102.
     (1)(f)

          (1)(f)(i) “School disciplinary action” means an action by a public school to formally discipline a student of that public school.
          (1)(f)(ii) “School disciplinary action” includes a suspension or an expulsion.
     (1)(g) “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.
     (1)(h)

          (1)(h)(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:

               (1)(h)(i)(A) the activity is managed or supervised by a school district, public school, or public school employee;
               (1)(h)(i)(B) the activity uses the school district or public school facilities, equipment, or other school resources; or
               (1)(h)(i)(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.
          (1)(h)(ii) “School-sponsored activity” includes preparation for and involvement in a public performance, contest, athletic competition, demonstration, display, or club activity.
     (1)(i) ” School resource officer” or “SRO” means the same as that term is defined in Section 53G-8-701.
(2) 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:

     (2)(a) school disciplinary actions;
     (2)(b) minors found in possession of a dangerous weapon; and
     (2)(c) law enforcement actions.
(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 school in an LEA:

     (4)(a) the number of law enforcement actions, including the following information for each incident:

          (4)(a)(i) the reason for the law enforcement action; and
          (4)(a)(ii) the type of law enforcement action used;
     (4)(b) the number of school disciplinary actions, including the following information for each incident:

          (4)(b)(i) the reason for the school disciplinary action; and
          (4)(b)(ii) the type of school disciplinary action;
     (4)(c) the number of SROs employed;
     (4)(d) 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
     (4)(e) 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) and (b):

     (5)(a) age;
     (5)(b) grade level;
     (5)(c) race;
     (5)(d) sex; and
     (5)(e) disability status.
(6) Information included in the annual report described in Subsection (2) shall comply with:

     (6)(a) Chapter 9, Part 3, Student Data Protection;
     (6)(b) Chapter 9, Part 2, Student Privacy; and
     (6)(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):

     (8)(a) in accordance with Section 53E-1-203 for incidents that occurred during the previous school year; and
     (8)(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.
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