Utah Code 53G-8-701.5. School safety needs assessment — School safety personnel — Alternative requirements
Current as of: 2024 | Check for updates
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Other versions
(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 53G-8-701.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Armed school security guard: means the same as that term is defined in Section
53G-8-804 . See Utah Code 53G-8-701 - County security chief: means the same as that term is defined in Section
53-22-101 . See Utah Code 53G-8-701 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means the same as that term is defined in Section
53-1-102 . See Utah Code 53G-8-701 - School resource officer: means a law enforcement officer, as defined in Section
53-13-103 , who contracts with or whose law enforcement agency contracts with an LEA to provide law enforcement services for the LEA. See Utah Code 53G-8-701 - School safety and security director: means an individual whom an LEA designates in accordance with Section
Utah Code 53G-8-701 - School safety and security specialist: means a school employee designated under Section
Utah Code 53G-8-701 - School safety center: means the same as that term is defined in Section
53G-8-801 . See Utah Code 53G-8-701 - 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 the same as that term is defined in Section
53-22-101 . See Utah Code 53G-8-701
(1)(a) No later than December 31, 2024, an LEA shall:
(1)(a)(i) ensure a school safety needs assessment is conducted in accordance with Subsection (1)(b) for each school within the LEA to determine the needs and deficiencies regarding:
(1)(a)(i)(A) appropriate school safety personnel, including necessary supports, training, and policy creation for the personnel;
(1)(a)(i)(B) physical building security and safety, including required upgrades to facilities and safety technology; and
(1)(a)(i)(C) a school’s current threat and emergency response protocols, including any emergency response agreements with local law enforcement; and
(1)(a)(ii) report the results of the school safety needs assessment for each school within the LEA to the state security chief and the School Safety Center.
(1)(b) The school safety specialist described in Section 53G-8-701.6 in collaboration with the county security chief or designee described in Section 53-22-103 shall conduct the school safety needs assessment for each school.
(1)(c) In collaboration with the School Safety Center described in Section 53G-8-802 , the state security chief described in Section 53-22-102 shall create a school safety needs assessment that an LEA shall use to ensure compliance with this Subsection (1).
(1)(d) The state board shall use the results of the school safety needs assessment for each school within an LEA to award a grant to an LEA in accordance with Section 53F-5-220 .
(1)(e) Any information or record detailing a school’s needs assessment results is:
(1)(e)(i) a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and
(1)(e)(ii) available only to:
(1)(e)(ii)(A) the state security chief;
(1)(e)(ii)(B) the School Safety Center;
(1)(e)(ii)(C) members of an LEA governing board;
(1)(e)(ii)(D) administrators of the LEA and school the needs assessment concerns;
(1)(e)(ii)(E) only to the extent necessary to award a grant under Section 53F-5-220 , the state board;
(1)(e)(ii)(F) the applicable school safety personnel described in Subsection (2);
(1)(e)(ii)(G) a local law enforcement agency that would respond to the school in case of an emergency; and
(1)(e)(ii)(H) the county security chief.
(1)(f) An individual who intentionally or knowingly provides the information described in Subsection (1)(e) to an individual or entity not listed in Subsection (1)(e)(ii) is guilty of a class B misdemeanor.
(2)
(2)(a) An LEA shall ensure each school within the LEA has the following school safety personnel:
(2)(a)(i) a school safety and security specialist described in Section 53G-8-701.6 ; and
(2)(a)(ii) based on the results of the needs assessment described in Subsection (1), at least one of the following:
(2)(a)(ii)(A) a school resource officer;
(2)(a)(ii)(B) a school guardian; or
(2)(a)(ii)(C) an armed school security guard.
(2)(b) In addition to the school safety personnel described in Subsection (2)(a), an LEA shall designate a school safety and security director described in Section 53G-8-701.8 .
(2)(c) If a school has more than 350 students enrolled at the school, the same individual may not serve in more than one of the roles listed in Subsections (2)(a) and (b).
(2)(d) An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA has completed the school safety needs assessment described in Subsection (1).
(2)(e) The state security chief in consultation with the School Safety Center shall establish a timeline for an LEA to comply with the school safety personnel requirements of this Subsection (2).
(3)
(3)(a) An LEA, school administrator, or private school may apply to the state security chief for an approved alternative to the requirements described in:
(3)(a)(i) Section 53-22-105 ;
(3)(a)(ii) this section;
(3)(a)(iii) Section 53G-8-701.6 ;
(3)(a)(iv) Section 53G-8-701.8 ; and
(3)(a)(v) Section 53G-8-704 .
(3)(b) In approving or denying an application described in Subsection (3)(a), the state security chief may consider factors that impact a school or LEA’s ability to adhere to the requirements of this section, including the school or LEA’s:
(3)(b)(i) population size;
(3)(b)(ii) staffing needs or capacity;
(3)(b)(iii) geographic location;
(3)(b)(iv) available funding; or
(3)(b)(v) general demonstration of need for an alternative to the requirements of this section.
(4) A private school shall identify an individual at the private school to serve as the safety liaison with the local law enforcement of relevant jurisdiction and the state security chief.