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Second Substitute H.B. 153
This document includes House Committee Amendments incorporated into the bill on Wed,
Feb 16, 2005 at 2:23 PM by chopkin. -->
Representative Sheryl L. Allen proposes the following substitute bill:
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SECURITY FOR PUBLIC SCHOOLS
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Sheryl L. Allen
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Greg J. Curtis
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John DougallDavid L. HogueGregory H. Hughes
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LONG TITLE
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General Description:
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This bill modifies the authority of local school boards in providing for the safety and
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security of students, school personnel, and school property.
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Highlighted Provisions:
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This bill:
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. removes school district police officers from the definition of law enforcement
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officer in the Public Safety Code;
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. allows a local school board to:
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. contract with local law enforcement agencies for security and law enforcement
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services;
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. contract with private security firms for security services; or
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. employ personnel to serve as special function officers;
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. addresses the authority of special function officers employed by a local school
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board;
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. requires a local school board that employs special function officers to make a
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report; and
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. prohibits a local school board from employing personnel to serve as law
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enforcement officers, except to provide security and law enforcement services for certain
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events.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on July 1, 2005.
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Utah Code Sections Affected:
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AMENDS:
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53-13-103, as last amended by Chapter 296, Laws of Utah 2001
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53A-3-402, as last amended by Chapter 315, Laws of Utah 2003
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53-13-103
is amended to read:
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53-13-103. Law enforcement officer.
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(1) (a) "Law enforcement officer" means a sworn and certified peace officer who is an
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employee of a law enforcement agency that is part of or administered by the state or any of its
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political subdivisions, and whose primary and principal duties consist of the prevention and
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detection of crime and the enforcement of criminal statutes or ordinances of this state or any of
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its political subdivisions.
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(b) "Law enforcement officer" specifically includes the following:
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(i) any sheriff or deputy sheriff, chief of police, police officer, or marshal of any
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county, city, or town;
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(ii) the commissioner of public safety and any member of the Department of Public
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Safety certified as a peace officer;
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(iii) all persons specified in Sections
23-20-1.5
and
63-11-17.2
;
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(iv) any police officer employed by any college or university;
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(v) investigators for the Motor Vehicle Enforcement Division;
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(vi) special agents or investigators employed by the attorney general, district attorneys,
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and county attorneys;
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(vii) employees of the Department of Natural Resources designated as peace officers
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by law;
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H. [
[
] (viii) school district police officers as designated by the board of education
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for the
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school district; [
]
]
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[
[
] (ix) [
]
] [
(viii)
] .H the executive director of the Department of Corrections and any
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correctional enforcement or investigative officer designated by the executive director and
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approved by the commissioner of public safety and certified by the division;
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H. [
[
] (x) [
]
] [
(ix)
] .H correctional enforcement, investigative, or adult probation and
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parole officers
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employed by the Department of Corrections serving on or before July 1, 1993;
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H. [
[
] (xi) [
]
] [
(x)
] .H members of a law enforcement agency established by a
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private college or
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university provided that the college or university has been certified by the commissioner of
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public safety according to rules of the Department of Public Safety; and
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H. [
[
] (xii) [
]
] [
(xi)
] .H airport police officers of any airport owned or operated by
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the state or any of
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its political subdivisions.
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(2) Law enforcement officers may serve criminal process and arrest violators of any
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law of this state and have the right to require aid in executing their lawful duties.
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(3) (a) A law enforcement officer has statewide full-spectrum peace officer authority,
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but the authority extends to other counties, cities, or towns only when the officer is acting
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under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is
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employed by the state.
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(b) (i) A local law enforcement agency may limit the jurisdiction in which its law
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enforcement officers may exercise their peace officer authority to a certain geographic area.
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(ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise his
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authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act
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on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the
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limited geographic area.
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(c) The authority of law enforcement officers employed by the Department of
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Corrections is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
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(4) A law enforcement officer shall, prior to exercising peace officer authority,
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satisfactorily complete:
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(a) the basic course at a certified law enforcement officer training academy or pass a
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certification examination as provided in Section
53-6-206
, and be certified; and
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(b) annual certified training of at least 40 hours per year as directed by the director of
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the division, with the advice and consent of the council.
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Section 2.
Section
53A-3-402
is amended to read:
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53A-3-402. Powers and duties generally.
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(1) Each local school board shall:
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(a) implement the core curriculum utilizing instructional materials that best correlate to
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the core curriculum and graduation requirements;
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(b) administer tests, required by the State Board of Education, which measure the
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progress of each student, and coordinate with the state superintendent and State Board of
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Education to assess results and create plans to improve the student's progress which shall be
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submitted to the State Office of Education for approval;
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(c) use progress-based assessments as part of a plan to identify schools, teachers, and
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students that need remediation and determine the type and amount of federal, state, and local
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resources to implement remediation;
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(d) develop early warning systems for students or classes failing to make progress;
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(e) work with the State Office of Education to establish a library of documented best
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practices, consistent with state and federal regulations, for use by the local districts; and
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(f) implement training programs for school administrators, including basic
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management training, best practices in instructional methods, budget training, staff
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management, managing for learning results and continuous improvement, and how to help
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every child achieve optimal learning in core academics.
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(2) 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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(3) (a) A board may purchase, sell, and make improvements on school sites, buildings,
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and 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
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affirmed by at least two-thirds of the members.
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(4) (a) A board may participate in the joint construction or operation of a school
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attended by children residing within the district and children residing in other districts either
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within or 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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(5) A board may establish, locate, and maintain elementary, secondary, and applied
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technology schools.
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(6) 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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(7) A board may establish and support school libraries.
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(8) A board may collect damages for the loss, injury, or destruction of school property.
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(9) A board may authorize guidance and counseling services for children and their
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parents or guardians prior to, during, or following enrollment of the children in schools.
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(10) (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
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and are accounted for by the board.
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(d) A program created with or expanded by federal funds may be reduced to the extent
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allowed by law when federal funds for that program are subsequently reduced or eliminated.
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(11) (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
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of 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
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the program by virtue of the organization, maintenance, or operation of a school safety patrol.
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(12) (a) A board may on its own behalf, or on behalf of an educational institution for
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which the board is the direct governing body, accept private grants, loans, gifts, endowments,
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devises, 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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(13) (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
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person's consent.
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(c) A teacher or student may not be appointed as a compliance officer.
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(14) A board shall adopt bylaws and rules for its own procedures.
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(15) (a) A board shall make and enforce rules necessary for the control and
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management of the district schools.
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(b) All board rules and policies shall be in writing, filed, and referenced for public
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access.
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(16) A board may hold school on legal holidays other than Sundays.
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(17) (a) Each board shall establish for each school year a school traffic safety
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committee to implement this Subsection (17).
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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
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its duties under Subsection (17)(c).
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(e) The board shall require the school community council of each elementary, middle,
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and junior high school within the district to develop and submit annually to the committee a
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child access routing plan.
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(18) (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
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roles 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 (18)(a).
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(d) The State Board of Education, through the state superintendent of public
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instruction, shall develop comprehensive emergency response plan models that local school
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boards may use, where appropriate, to comply with Subsection (18)(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
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its teachers, administrators, students, and their parents and local law enforcement and public
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safety representatives.
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(19) (a) To provide for the safety and security of students, school personnel, and school
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property, a local school board may, in addition to relying on the general protection offered to
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the public by local law enforcement agencies:
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(i) contract with local law enforcement agencies for security and law enforcement
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services;
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(ii) contract with H. individuals, organizations, or .H private security firms for
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security services H. as provided by the board of education for the district .H ; or
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H. [
(iii) employ personnel to serve as special function officers, as defined in Section
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53-13-105
.
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(b) (i) A special function officer employed by a local school board may exercise law
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enforcement authority as described in, and subject to the training requirements of, Section
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53-13-103
, except as provided in Subsections (19)(b)(ii) and (iii).
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(ii) The jurisdiction in which a special function officer employed by a local school
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board may exercise law enforcement authority shall be geographically limited to the area
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within 1000 feet of real property or facilities owned or operated by the school district.
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(iii) A special function officer employed by a local school board:
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(A) may transport a person detained to a local law enforcement agency; and
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(B) may not exercise law enforcement authority outside of the limited geographic area
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described in Subsection (19) (b)(ii) pursuant to Title 77, Chapter 9, Uniform Act on Fresh
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Pursuit.
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(c) (i) If a local school board employs special function officers, the local school board
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shall submit a report by August 31, 2006 to the Law Enforcement and Criminal Justice Interim
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Committee and the Education Interim Committee evaluating the cost effectiveness of
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employing special function officers.
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(ii) The report shall address the costs and outcomes of employing special function
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officers.
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(iii) A local school board shall consult with the local law enforcement agencies having
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jurisdiction within the school district in preparing the report.
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(d) (i) A local school board may not employ personnel to serve as law enforcement
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officers, as defined in Section
53-13-103
, except as provided in Subsection (19(d)(ii).
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(ii)
] iii .H A local school board may employ law enforcement officers on a temporary,
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part-time basis to perform security and law enforcement services for sporting events,
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extracurricular activities, or special events.
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[(19)] (20) (a) Each local school board may adopt an emergency response plan for the
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treatment of sports-related injuries that occur during school sports practices and events.
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(b) The plan may be implemented by each secondary school in the district that has a
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sports program for students.
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(c) The plan may:
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(i) include emergency personnel, emergency communication, and emergency
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equipment components;
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(ii) require inservice training on the emergency response plan for school personnel who
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are involved in sports programs in the district's secondary schools; and
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(iii) provide for coordination with individuals and agency representatives who:
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(A) are not employees of the school district; and
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(B) would be involved in providing emergency services to students injured while
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participating in sports events.
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(d) The board, in collaboration with the schools referred to in Subsection [(19)]
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(20)(b), may review the plan each year and make revisions when required to improve or
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enhance the plan.
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(e) The State Board of Education, through the state superintendent of public
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instruction, shall provide local school boards with an emergency plan response model that local
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boards may use to comply with the requirements of this Subsection [(19)] (20).
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[(20)] (21) A board shall do all other things necessary for the maintenance, prosperity,
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and success of the schools and the promotion of education.
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Section 3. Effective date.
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This bill takes effect on July 1, 2005.
*HB0153S02*
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