Utah School Discipline Laws & Regulations: Authorizations, Memoranda of Understanding (MOUs), and/or Funding

Discipline Compendium

Utah School Discipline Laws & Regulations: Authorizations, Memoranda of Understanding (MOUs), and/or Funding

Category: Partnerships between Schools and Law Enforcement
Subcategory: Authorizations, Memoranda of Understanding (MOUs), and/or Funding
State: Utah

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LAWS

§ 53-1-106. Department duties–Powers.

(1) In addition to the responsibilities contained in this title, the department shall:

(j) employ a law enforcement officer as a public safety liaison to be housed at the State Board of Education who shall work with the State Board of Education to:

(i) support training with relevant state agencies for school resource officers as described in Section 53G-8-702;

(ii) coordinate the creation of model policies and memorandums of understanding for a local education agency and a local law enforcement agency; and

(iii) ensure cooperation between relevant state agencies, a local education agency, and a local law enforcement agency to foster compliance with disciplinary related statutory provisions, including Sections 53E-3-516 and 53G-8-211.

§ 53G-6-202. Compulsory education.

(3) A school administrator, a designee of a school administrator, a law enforcement officer acting as a school resource officer, or a truancy specialist may only issue a notice of compulsory education violation to a parent of a school-age child if the school-age child is:

(a) in grade 1 through 6; and

(b) truant at least five times during the school year.

§ 53G-6-203. Truancy - Notice of truancy - Failure to cooperate with school authorities.

(3) A local school board or charter school governing board:

(a) may authorize a school administrator, a designee of a school administrator, a law enforcement officer acting as a school resource officer, or a truancy specialist to issue a notice of truancy in accordance with Subsection (4); and

(b) shall establish a procedure for a school-age child, or the school-age child's parents, to contest a notice of truancy.

§ 53G-8-211. Responses to school-based behavior.

(1) As used in this section:

(i) "School resource officer" means a law enforcement officer, as defined in Section 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts with a local education agency to provide law enforcement services for the local education agency.

§ 53G-8-701. Definitions.

As used in this part:

(1) "Law enforcement agency" means the same as that term is defined in Section 53-1-102.

(2) “Public School” means the same as that term is defined in section 53G-205.1.

(3) "School resource officer" or "SRO" 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.

(4) “School Safety Specialist” means a school employee who is responsible for supporting school safety initiatives, including the threat assessment described in subsection 53G-8-802(2)(G)(I)

§ 53G-8-702. School resource officer training–Curriculum.

(4) The state board shall work together with the Department of Public Safety, the State Commission on Criminal and Juvenile Justice, and state and local law enforcement to establish policies and procedures that govern school resource officers.

§ 53G-8-703. Contracts between an LEA and law enforcement for school resource officer services–Requirements.

(1) An LEA may contract with a law enforcement agency or an individual to provide school resource officer services at the LEA if the LEA governing board reviews and approves the contract.

(2) If an LEA contracts with a law enforcement agency or an individual to provide SRO services at the LEA, the LEA governing board shall require in the contract:

(a) an acknowledgment by the law enforcement agency or the individual that an SRO hired under the contract shall:

(i) provide for and maintain a safe, healthy, and productive learning environment in a school;

(ii) act as a positive role model to students;

(iii) work to create a cooperative, proactive, and problem-solving partnership between law enforcement and the LEA;

(iv) emphasize the use of restorative approaches to address negative behavior; and

(v) at the request of the LEA, teach a vocational law enforcement class;

(b) a description of the shared understanding of the LEA and the law enforcement agency or individual regarding the roles and responsibilities of law enforcement and the LEA to:

(i) maintain safe schools;

(ii) improve school climate; and

(iii) support educational opportunities for students;

(c) a designation of student offenses that the SRO shall confer with the LEA to resolve, including an offense that:

(i) is a minor violation of the law; and

(ii) would not violate the law if the offense was committed by an adult;

(d) a designation of student offenses that are administrative issues that an SRO shall refer to a school administrator for resolution in accordance with Section 53G-8-211;

(e) a detailed description of the rights of a student under state and federal law with regard to:

(i) searches;

(ii) questioning; and

(iii) information privacy;

(f) a detailed description of:

(i) job duties;

(ii) training requirements; and

(iii) other expectations of the SRO and school administration in relation to law enforcement at the LEA;

(g) that an SRO who is hired under the contract and the principal at the school where an SRO will be working, or the principal's designee, will jointly complete the SRO training described in Section 53G-8-702; and

(h) if the contract is between an LEA and a law enforcement agency, that:

(i) both parties agree to jointly discuss SRO applicants; and

(ii) the law enforcement agency will accept feedback from an LEA about an SRO's performance.

53G-8-703.2. LEA establishment of SRO policy – Public comment

(1) An LEA shall establish an SRO policy.

(2)The SRO policy described in Subsection (1) shall include:

(a) the contract described in Section 53G-8-703; and

(b) all other procedures and requirements governing the relationship between the LEA and an SRO.

(3) Before implementing the SRO policy described in Subsection (1), the LEA shall present the SRO policy at a public meeting and receive public comment on the SRO policy.

REGULATIONS

No relevant regulations found.

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