Utah Code 53-22-107. Educator-Protector Program

(1) As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500

For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 53-22-107

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
Law enforcement agency: means an entity or division of:
          (1)(e)(i)
               (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;
               (1)(e)(i)(B) a state institution of higher education; or
               (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
          (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
Local education agency: means the same as that term is defined in Section 53E-1-102. See Utah Code 53-22-101
School: means an elementary school or a secondary school that:
(5)(a) is a public school; and
(5)(b) provides instruction for one or more of the grades of kindergarten through grade 12. See Utah Code 53-22-101
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 security chief: means an individual appointed by the commissioner under Section 53-22-102. See Utah Code 53-22-101

(1)(a) “Annual classroom response training” means a training for a teacher:

(1)(a)(i) that is held at least once a year and is administered, at no cost to a teacher, by the individual identified by the county sheriff as described in Section 53-22-103; and

(1)(a)(ii) where the teacher is trained:

(1)(a)(ii)(A) on how to defend a classroom against active threats emphasizing the teacher’s role in stationary defense; and

(1)(a)(ii)(B) on the safe loading, unloading, storage, and carrying of firearms in a school setting.

(1)(b) “Bureau” means the Bureau of Criminal Identification created in Section 53-10-201.

(1)(c) “Local education agency” means the same as that term is defined in Section 53E-1-102.

(1)(d) “Program” means the Educator-Protector Program created under this section.

(1)(e) “Teacher” means an individual employed by a local education agency who has an assignment to teach in a classroom.

(2) There is created the Educator-Protector Program to incentivize a teacher to responsibly secure or carry a firearm on the grounds of the school where the teacher is employed.

(3)

(3)(a) To participate in the program, a teacher shall:

(3)(a)(i) have completed an annual classroom response training within six months before the day on which the teacher joins the program;

(3)(a)(ii) have a valid concealed carry permit issued under Title 53, Chapter 5, Part 7, Concealed Firearm Act; and

(3)(a)(iii) certify to the department that:

(3)(a)(iii)(A) the teacher satisfies the requirements described in Subsections (3)(a)(i) and (3)(a)(ii); and

(3)(a)(iii)(B) if applicable, intends to securely store or carry a firearm on the grounds of a school where the teacher is employed.

(3)(b) After joining the program, to retain the teacher’s active status in the program, a teacher shall:

(3)(b)(i) participate in annual classroom response training; and

(3)(b)(ii) comply with any rules established by the department in accordance with Subsection (10).

(4)

(4)(a) The state security chief shall:

(4)(a)(i) track each teacher that participates in the program by collecting a photograph, name, and contact information for each teacher;

(4)(a)(ii) make the information described in Subsection (4)(a) readily available to each law enforcement agency in the state; and

(4)(a)(iii) provide reasonable reimbursement, using funds appropriated by the Legislature, to a county sheriff for providing a teacher with annual classroom response training.

(4)(b) The state security chief shall categorize the information described in Subsection (4)(a)(i) by school.

(5) A teacher participating in the program:

(5)(a) may store the teacher’s firearm on the grounds of a school only if:

(5)(a)(i) the firearm is stored in a biometric gun safe;

(5)(a)(ii) the biometric gun safe is located in the teacher’s classroom or office; and

(5)(a)(iii) the teacher is physically present on the grounds of the school while the firearm is stored in the biometric gun safe; and

(5)(b) shall carry the teacher’s firearm in a concealed manner unless during an active threat.

(6) This section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying firearms on the grounds of a school as described in Subsection 76-10-505.5(4).

(7)

(7)(a) A teacher who has active status in the program is not liable for any civil damages or penalties if the teacher:

(7)(a)(i) when carrying or storing a firearm:

(7)(a)(i)(A) is acting in good faith; and

(7)(a)(i)(B) is not grossly negligent; or

(7)(a)(ii) threatens, draws, or otherwise uses a firearm reasonably believing the action to be necessary in compliance with Section 76-2-402.

(7)(b) A local education agency is not liable for civil damages or penalties resulting from a teacher who is participating in the program carrying, using, or storing a firearm at a school.

(8) A local education agency may not prevent a teacher from participating in the program under this section.

(9)

(9)(a) Any information or record created detailing a teacher’s participation in the program is:

(9)(a)(i) a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and

(9)(a)(ii) available only to:

(9)(a)(ii)(A) the state security chief;

(9)(a)(ii)(B) a local law enforcement agency that would respond to the school in case of an emergency; and

(9)(a)(ii)(C) the individual identified by the county sheriff as described in Section 53-22-103.

(9)(b) The information or record described in Subsection (9)(a) includes the information described in Subsection (4)(a)(i) and any personal identifying information of a teacher participating in the program collected or obtained during annual classroom response training.

(9)(c) An individual who intentionally or knowingly provides the information described in Subsection (9)(a) to an individual or entity not listed in Subsection (9)(a)(ii) is guilty of a class A misdemeanor.

(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may adopt rules to administer this section.

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