53E-3-509. Gang prevention and intervention policies.
| (1) |
Terms Used In Utah Code 53E-3-509- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Local school board: means a board elected under 2. See Utah Code 53E-1-102
- Parent: means a parent or legal guardian. See Utah Code 53E-1-102
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State board: means the State Board of Education. See Utah Code 53E-1-102
| (a) |
The state board shall adopt rules that require a local school board or charter school governing board to enact gang prevention and intervention policies for all schools within the state board’s jurisdiction. |
| (b) |
The rules described in Subsection (1)(a) shall provide that the gang prevention and intervention policies of a local school board or charter school governing board may include provisions that reflect the individual school district’s or charter school’s unique needs or circumstances. |
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| (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; |
| (b) |
a student who participates in gang activities may be excluded from participation in extracurricular activities, including interscholastic athletics, as determined by the school administration after consultation with law enforcement; |
| (c) |
gang-related graffiti or damage to school property shall result in parent notification and appropriate administrative and law enforcement actions, which may include obtaining restitution from those responsible for the damage; |
| (d) |
if a serious gang-related incident, as determined by the school administrator in consultation with local law enforcement, occurs on school property, at school related activities, or on a site that is normally considered to be under school control, notification shall be provided to parents of students in the school:
| (i) |
informing them, in general terms, about the incident, but removing all personally identifiable information about students from the notice; |
| (ii) |
emphasizing the school’s concern for safety; and |
| (iii) |
outlining the action taken at the school regarding the incident; |
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| (e) |
school faculty and personnel shall be trained by experienced evidence based trainers that may include community gang specialists and law enforcement as part of comprehensive strategies to recognize early warning signs for youth in trouble and help students resist serious involvement in undesirable activity, including joining gangs or mimicking gang behavior; |
| (f) |
prohibitions on the following behavior:
| (i) |
advocating or promoting a gang or any gang-related activities; |
| (ii) |
marking school property, books, or school work with gang names, slogans, or signs; |
| (iii) |
conducting gang initiations; |
| (iv) |
threatening another person with bodily injury or inflicting bodily injury on another in connection with a gang or gang-related activity; |
| (v) |
aiding or abetting an activity described under Subsections (2)(f)(i) through (iv) by a person’s presence or support; |
| (vi) |
displaying or wearing common gang apparel, common dress, or identifying signs or symbols on one’s clothing, person, or personal property that is disruptive to the school environment; and |
| (vii) |
communicating in any method, including verbal, non-verbal, and electronic means, designed to convey gang membership or affiliation. |
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| (3) |
The rules described in Subsection (1) may require a local school board or charter school governing board to publicize the policies enacted by the local school board or charter school governing board in accordance with the rules described in Subsection (1) to all students, parents, and faculty through school websites, handbooks, letters to parents, or other reasonable means of communication. |
| (4) |
The state board may consult with appropriate committees, including committees that provide opportunities for the input of parents, law enforcement, and community agencies, as it develops, enacts, and administers the rules described in Subsection (1). |
Amended by Chapter 186, 2019 General Session
