Superseded 8/1/2023 53G-9-604. Parental notification of certain incidents and threats required.
(1)
A school shall:
Terms Used In Utah Code 53G-9-604
Abusive conduct: means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. See Utah Code 53G-9-601
Bullying: means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of:
(a)
causing physical or emotional harm to the school employee or student;
(b)
causing damage to the school employee's or student's property;
(c)
placing the school employee or student in reasonable fear of:
(i)
harm to the school employee's or student's physical or emotional well-being; or
(ii)
damage to the school employee's or student's property;
(d)
creating a hostile, threatening, humiliating, or abusive educational environment due to:
(i)
the pervasiveness, persistence, or severity of the actions; or
(ii)
a power differential between the bully and the target; or
(e)
substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. See Utah Code 53G-9-601
Cyber-bullying: means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. See Utah Code 53G-9-601
Hazing: means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
(i)
(A)
endangers the mental or physical health or safety of a school employee or student;
(B)
involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
(C)
involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or
(D)
involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
(ii)
(A)
is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or
(B)
is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. See Utah Code 53G-9-601
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601
(a)
notify a parent if the parent’s student threatens to commit suicide; or
(b)
notify the parents of each student involved in an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent’s student.
(2)
(a)
If a school notifies a parent of an incident or threat required to be reported under Subsection (1), the school shall produce and maintain a record that verifies that the parent was notified of the incident or threat.
(b)
A school shall maintain a record described in Subsection (2)(a) in accordance with the requirements of:
(i)
2;
(ii)
3;
(iii)
the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; and
A local school board or charter school governing board shall adopt a policy regarding the process for:
(a)
notifying a parent as required in Subsection (1); and
(b)
producing and retaining a record that verifies that a parent was notified of an incident or threat as required in Subsection (2).
(4)
At the request of a parent, a school may provide information and make recommendations related to an incident or threat described in Subsection (1).
(5)
A school shall:
(a)
provide a student a copy of a record maintained in accordance with this section that relates to the student if the student requests a copy of the record; and
(b)
expunge a record maintained in accordance with this section that relates to a student if the student:
