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H.B. 14
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SCHOOL SAFETY PLANS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Patrice M. Arent
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AN ACT RELATING TO PUBLIC SCHOOLS; REQUIRING EACH LOCAL SCHOOL BOARD
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TO ADOPT AND IMPLEMENT A COMPREHENSIVE EMERGENCY RESPONSE PLAN;
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PROVIDING THAT THE PLAN SHALL INCLUDE PREVENTION, INTERVENTION, AND
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RESPONSE COMPONENTS; REQUIRING INSERVICE TRAINING FOR DISTRICT AND
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SCHOOL BUILDING STAFF; AND PROVIDING FOR ANNUAL CERTIFICATION OF EACH
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PLAN.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-3-402, as last amended by Chapter 120, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-3-402
is amended to read:
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53A-3-402. Powers and duties generally.
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(1) Local school boards shall spend minimum school program funds for programs and
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activities for which the State Board of Education has established minimum standards or rules
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under Section
53A-1-402
.
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(2) (a) A board may purchase, sell, and make improvements on school sites, buildings, and
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equipment and construct, erect, and furnish school buildings.
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(b) School sites or buildings may only be conveyed or sold on board resolution affirmed
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by at least two-thirds of the members.
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(3) (a) A board may participate in the joint construction or operation of a school attended
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by children residing within the district and children residing in other districts either within or
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outside the state.
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(b) Any agreement for the joint operation or construction of a school shall:
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(i) be signed by the president of the board of each participating district;
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(ii) include a mutually agreed upon pro rata cost; and
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(iii) be filed with the State Board of Education.
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(4) A board may establish, locate, and maintain elementary, secondary, and vocational
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schools.
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(5) A board may enroll children in school who are at least five years of age before
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September 2 of the year in which admission is sought.
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(6) A board may establish and support school libraries.
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(7) A board may collect damages for the loss, injury, or destruction of school property.
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(8) A board may authorize guidance and counseling services for children and their parents
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or guardians prior to, during, or following enrollment of the children in schools.
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(9) (a) A board may apply for, receive, and administer funds made available through
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programs of the federal government.
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(b) Federal funds are not considered funds within the school district budget under Title
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53A, Chapter 19, School District Budgets.
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(c) Federal funds may only be expended for the purposes for which they are received and
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are accounted for by the board.
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(10) (a) A board may organize school safety patrols and adopt rules under which the
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patrols promote student safety.
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(b) A student appointed to a safety patrol shall be at least ten years old and have written
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parental consent for the appointment.
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(c) Safety patrol members may not direct vehicular traffic or be stationed in a portion of
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a highway intended for vehicular traffic use.
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(d) Liability may not attach to a school district, its employees, officers, or agents or to a
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safety patrol member, a parent of a safety patrol member, or an authorized volunteer assisting the
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program by virtue of the organization, maintenance, or operation of a school safety patrol.
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(11) (a) A board may on its own behalf, or on behalf of an educational institution for which
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the board is the direct governing body, accept private grants, loans, gifts, endowments, devises,
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or bequests that are made for educational purposes.
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(b) These contributions are not subject to appropriation by the Legislature.
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(12) (a) A board may appoint and fix the compensation of a compliance officer to issue
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citations for violations of Subsection
76-10-105
(2).
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(b) A person may not be appointed to serve as a compliance officer without the person's
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consent.
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(c) A teacher or student may not be appointed as a compliance officer.
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(13) A board shall adopt bylaws and rules for its own procedures.
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(14) (a) A board shall make and enforce rules necessary for the control and management
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of the district schools.
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(b) All board rules and policies shall be in writing, filed, and referenced for public access.
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(15) A board may hold school on legal holidays other than Sundays.
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(16) (a) Each board shall establish for each school year a school traffic safety committee
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to implement this subsection.
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(b) The committee shall be composed of one representative of:
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(i) the schools within the district;
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(ii) the Parent Teachers' Association of the schools within the district;
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(iii) the municipality or county;
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(iv) state or local law enforcement; and
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(v) state or local traffic safety engineering.
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(c) The committee shall:
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(i) receive suggestions from parents, teachers, and others and recommend school traffic
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safety improvements, boundary changes to enhance safety, and school traffic safety program
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measures;
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(ii) review and submit annually to the Department of Transportation and affected
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municipalities and counties a child access routing plan for each elementary, middle, and junior
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high school within the district;
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(iii) consult the Utah Safety Council and the Division of Family Health Services and
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provide training to all school children in kindergarten through grade six, within the district, on
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school crossing safety and use; and
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(iv) help ensure the district's compliance with rules made by the Department of
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Transportation under Section
41-6-20.1
.
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(d) The committee may establish subcommittees as needed to assist in accomplishing its
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duties under Subsection (c).
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(e) The board shall require each elementary, middle, and junior high school within the
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district to develop and submit annually to the committee a child access routing plan.
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(17) (a) Each school board shall adopt and implement a comprehensive emergency
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response plan to prevent and combat violence in its public schools, on school grounds, on its
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school vehicles, and in connection with school-related activities or events.
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(b) The board shall implement its plan by July 1, 2000.
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(c) The plan shall:
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(i) include prevention, intervention, and response components;
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(ii) be consistent with the student conduct and discipline polices required for school
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districts under Title 53A, Chapter 11, Part 9, School Discipline and Conduct Plans;
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(iii) require inservice training for all district and school building staff on what their roles
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are in the emergency response plan; and
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(iv) provide for coordination with local law enforcement and other public safety
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representatives in preventing, intervening, and responding to violence in the areas and activities
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referred to in Subsection (17)(a).
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(d) The State Board of Education, through the state superintendent of public instruction,
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shall develop comprehensive emergency response plan models that local school boards may use,
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where appropriate, to comply with Subsection (17)(a).
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(e) Each local school board shall, by July 1 of each year, certify to the State Board of
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Education that its plan has been practiced at the school level and presented to and reviewed by its
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teachers, administrators, students, and their parents and local law enforcement and public safety
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representatives.
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[(17)] (18) A board shall do all other things necessary for the maintenance, prosperity, and
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success of the schools and the promotion of education.
Legislative Review Note
as of 11-30-99 10:44 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.