Utah Code 53G-8-703. Contracts between an LEA and law enforcement for school resource officer services — Requirements — LEA establishment of a school resource officer policy — Public comment
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Terms Used In Utah Code 53G-8-703
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Contract: A legal written agreement that becomes binding when signed.
- Law enforcement agency: means the same as that term is defined in Section
53-1-102 . See Utah Code 53G-8-701 - Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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 - 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
(1)(a) An LEA may use a school resource officer to satisfy the school safety personnel requirements of Section 53G-8-701.5 .
(1)(b) An LEA that uses a school resource officer under Subsection (1)(a) shall contract with a local law enforcement agency to provide school resource officer services.
(2) An LEA contract with a law enforcement agency to provide school resource officer services at the LEA shall require in the contract:
(2)(a) an acknowledgment by the law enforcement agency that a school resource officer hired under the contract shall:
(2)(a)(i) provide for and maintain a safe, healthy, and productive learning environment in a school;
(2)(a)(ii) act as a positive role model to students;
(2)(a)(iii) work to create a cooperative, proactive, and problem-solving partnership between law enforcement and the LEA;
(2)(a)(iv) emphasize the use of restorative approaches to address negative behavior; and
(2)(a)(v) at the request of the LEA, teach a vocational law enforcement class;
(2)(b) a description of the shared understanding of the LEA and the law enforcement agency regarding the roles and responsibilities of law enforcement and the LEA to:
(2)(b)(i) maintain safe schools;
(2)(b)(ii) improve school climate; and
(2)(b)(iii) support educational opportunities for students;
(2)(c) a designation of student offenses that, in accordance with Section 53G-8-211 , the school resource officer:
(2)(c)(i) may refer to the juvenile court;
(2)(c)(ii) shall confer with the LEA to resolve; and
(2)(c)(iii) shall refer to a school administrator for resolution as an administrative issue with the understanding that the school resource officer will be informed of the outcome of the administrative issue;
(2)(d) a detailed description of the rights of a student under state and federal law with regard to:
(2)(d)(i) searches;
(2)(d)(ii) questioning;
(2)(d)(iii) arrests; and
(2)(d)(iv) information privacy;
(2)(e) a detailed description of:
(2)(e)(i) job assignment and duties, including:
(2)(e)(i)(A) the school to which the school resource officer will be assigned;
(2)(e)(i)(B) the hours the school resource officer is expected to be present at the school;
(2)(e)(i)(C) the point of contact at the school;
(2)(e)(i)(D) specific responsibilities for providing and receiving information; and
(2)(e)(i)(E) types of records to be kept, and by whom;
(2)(e)(ii) training requirements; and
(2)(e)(iii) other expectations of the school resource officer and school administration in relation to law enforcement at the LEA;
(2)(f) that a school resource officer who is hired under the contract and the principal at the school where a school resource officer will be working, or the principal’s designee, will jointly complete the school resource officer training described in Section 53G-8-702 ;
(2)(g) that both parties agree to jointly discuss school resource officer applicants;
(2)(h) that the law enforcement agency will, at least annually, seek out and accept feedback from an LEA about a school resource officer’s performance; and
(2)(i) a designation of the school resource officer or the law enforcement agency’s designee as “school officials” for purposes of the Family Educational Rights and Privacy Act, 34 C.F.R. part 99.
(3) An LEA may not require or prohibit mandatory rotations of school resource officers as part of the contract described in Subsection (2).
(4) An LEA that uses a school resource officer under Subsection (1)(a) shall establish a school resource officer policy.
(5) The school resource officer policy described in Subsection (4) shall include:
(5)(a) the contract described in Subsection (2); and
(5)(b) all other procedures and requirements governing the relationship between the LEA and a school resource officer.
(6) Before implementing the school resource officer policy described in Subsection (4), the LEA shall present the school resource officer policy at a public meeting and receive public comment on the school resource officer policy.