Utah School Discipline Laws & Regulations: Referrals to Law Enforcement

Discipline Compendium

Utah School Discipline Laws & Regulations: Referrals to Law Enforcement

Category: Partnerships between Schools and Law Enforcement
Subcategory: Referrals to Law Enforcement
State: Utah

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LAWS

§ 53B-17-1202. SafeUT Crisis Line established.

The University Neuropsychiatric Institute shall:

(1) establish a SafeUT Crisis Line to provide:

(a) a means for an individual to anonymously report:

(i) unsafe, violent, or criminal activities, or the threat of such activities at or near a public school;

(ii) incidents of bullying, cyber-bullying, harassment, or hazing; and

(iii) incidents of physical or sexual abuse committed by a school employee or school volunteer; and

(b) crisis intervention, including suicide prevention, to individuals experiencing emotional distress or psychiatric crisis;

(2) provide the services described in Subsection (1) 24 hours a day, seven days a week; and

(3) when necessary, or as required by law, promptly forward a report received under Subsection (1)(a) to appropriate:

(a) school officials; and

(b) law enforcement officials.

§ 53E-3-509. Gang prevention and intervention policies.

(2) The rules described in Subsection (1) may include the following provisions:

(a) school faculty and personnel shall report suspected gang activities relating to the school and its students to a school administrator and law enforcement.

§ 53G-6-208. Taking custody of a person believed to be a truant minor–Disposition–Reports–Immunity from liability.

(1) Except during the period between March 17, 2021 and June 1, 2022, a peace officer or public school administrator may take a minor into temporary custody if there is reason to believe the minor is a truant minor.

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

(6)(c) Notwithstanding Subsection (4)(a), a school resource officer may:

(i) investigate possible criminal offenses and conduct, including conducting probable cause searches;

(ii) consult with school administration about the conduct of a minor enrolled in a school;

(iii) transport a minor enrolled in a school to a location if the location is permitted by law;

(iv) take temporary custody of a minor in accordance with Subsection 78A-6-112(1); or

(v) protect the safety of students and the school community, including the use of reasonable and necessary physical force when appropriate based on the totality of the circumstances. [...]

(5) A school district or school may refer a minor to a court or a law enforcement officer or agency for an alleged class C misdemeanor committed on school property or for allegedly being a habitual truant if the minor:

(a) refuses to participate in an evidence-based alternative intervention under Subsection (3)(b); and

(b) fails to participate in prevention and early intervention youth services provided by the Division of Juvenile Justice Services under Subsection (4).

§ 53G-8-402. Notification by juvenile court and law enforcement agencies.

(1) A notification received by a school district from the juvenile court or law enforcement agency under Section 80-6-103 is governed by this part.

(2) A school district may enter into an agreement with a law enforcement agency regarding a notification under Subsection (1).

§ 53G-8-403. Superintendent required to notify school.

(1) Within three days of receiving the information from the juvenile court or a law enforcement agency, the district superintendent shall notify the principal of the school the juvenile attends or last attended.

(2) Upon receipt of the information, the principal shall:

(a) make a notation in a secure file other than the student's permanent file; and

(b) if the student is still enrolled in the school, notify staff members who, in his opinion, should know of the adjudication.

(3) A person receiving information pursuant to this part may only disclose the information to other persons having both a right and a current need to know.

(4) Access to secure files shall be limited to persons authorized to receive information under this part.

§ 53G-8-503. Reporting procedure.

(1) The principal of a public school affected by this chapter shall appoint one educator as the "designated educator" to make all reports required under Sections 53G-8-501 through 53G-8-504.

(2) The designated educator, upon receiving a report of a prohibited act from an educator under Section 53G-8-502, shall immediately report the violation to the student's parent, and may report the violation to an appropriate law enforcement agency or official, in accordance with Section 53G-8-211.

(3) The designated educator may not disclose to the student or to the student's parent the identity of the educator who made the initial report.

§ 53G-8-506. Reporting of prohibited acts affecting a school -Confidentiality.

(3) A school official may only refer a complaint of an alleged prohibited act reported as occurring on school property or in connection with school-sponsored activities to an appropriate law enforcement agency in accordance with Section 53G-8-211.

§ 53G-8-510. Notification of teachers of weapons on school property–Immunity from civil and criminal liability .

(1) As used in this section:

(a) "dangerous weapon" means a firearm or an object that in the manner of the object's use or intended use is capable of causing death or serious bodily injury to an individual.

(b) "minor" means the same as that term is defined in section 80-1-102.

(c) "school employee" means an individual working in the individual's capacity as:

(i) A school teacher;

(ii) A school staff member;

(iii) A school administrator; or

(iv) An individual:

(a) Who is employed, directly or indirectly, by a school, an lea governing board, or a school district; and

(b) Who works on a school campus.

(d) "school is in session" means the same as that term is defined in section 53e-3-516.

(e) "school-sponsored activity" means the same as that term is defined in section 53e-3-516.

(2) If a minor is found on school grounds when school is in session or at a school-sponsored activity in possession of a dangerous weapon and that information is reported to, or known by, a school employee, the school employee shall notify the principal.

(3) After receiving a notification under subsection (2), the principal shall notify:

(a) A law enforcement officer or agency; and

(4)(b) School or district personnel if the principal determines that school or district personnel should be informed. A person who in good faith reports information under Subsection (1) and any person who receives the information is immune from any liability, civil or criminal, that might otherwise result from the reporting or receipt of the information.

§ 53G-8-802. State Safety and Support Program–State board duties – LEA duties.

(2) The state board shall:

(a) develop in conjunction with the Division of Substance Abuse and Mental Health model student safety and support policies for an LEA, including:

REGULATIONS

R277-613-5. Reporting and Incident Investigations of Allegations of Bullying, Cyber-bullying, Hazing, Retaliation, and Abusive Conduct.

(5) An LEA shall adopt a policy outlining under what circumstances the LEA will report incidents of bullying, cyber-bullying, harassment, and retaliation to law enforcement.

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