53G-10-406. Underage Drinking and Substance Abuse Prevention Program — State board rules.
| (1) |
As used in this section:
Terms Used In Utah Code 53G-10-406- 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
| (a) |
“Advisory council” means the Underage Drinking and Substance Abuse Prevention Program Advisory Council created in this section. |
| (b) |
“Program” means the Underage Drinking and Substance Abuse Prevention Program created in this section. |
| (c) |
“School-based prevention program” means an evidence-based program that:
| (i) |
is aimed at preventing underage consumption of alcohol and underage use of electronic cigarette products; |
| (ii) |
is delivered by methods that engage students in storytelling and visualization; |
| (iii) |
addresses the behavioral risk factors associated with underage drinking and use of electronic cigarette products; and |
| (iv) |
provides practical tools to address the dangers of underage drinking and use of electronic cigarette products. |
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| (2) |
There is created the Underage Drinking and Substance Abuse Prevention Program that consists of:
| (a) |
a school-based prevention program for students in grade 4 or 5; |
| (b) |
a school-based prevention program for students in grade 7 or 8; and |
| (c) |
a school-based prevention program for students in grade 9 or 10 that increases awareness of the dangers of driving under the influence of alcohol. |
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| (3) |
| (a) |
Beginning with the 2018-19 school year, an LEA shall offer the program each school year to each student in grade 7 or 8 and grade 9 or 10. |
| (b) |
In addition to Subsection (3)(a), beginning with the 2020-21 school year, an LEA shall offer the program each school year to each student in grade 4 or 5. |
| (c) |
An LEA shall select from the providers qualified by the state board under Subsection (6) to offer the program. |
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| (4) |
The state board shall administer the program with input from the advisory council. |
| (5) |
There is created the Underage Drinking and Substance Abuse Prevention Program Advisory Council comprised of the following members:
| (a) |
the executive director of the Department of Alcoholic Beverage Services or the executive director’s designee; |
| (b) |
the executive director of the Department of Health or the executive director’s designee; |
| (c) |
the director of the Division of Substance Abuse and Mental Health or the director’s designee; |
| (d) |
the director of the Division of Child and Family Services or the director’s designee; |
| (e) |
the director of the Division of Juvenile Justice Services or the director’s designee; |
| (f) |
the state superintendent or the state superintendent’s designee; and |
| (g) |
two members of the state board, appointed by the chair of the state board. |
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| (6) |
| (b) |
In selecting a provider described in Subsection (6)(a), the state board shall consider:
| (i) |
whether the provider’s program complies with the requirements described in this section; |
| (ii) |
the extent to which the provider’s prevention program aligns with core standards for Utah public schools; and |
| (iii) |
the provider’s experience in providing a program that is effective. |
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| (7) |
| (a) |
The state board shall use money from the Underage Drinking and Substance Abuse Prevention Program Restricted Account described in Section 53F-9-304 for the program. |
| (b) |
The state board may use money from the Underage Drinking Prevention Program Restricted Account to fund up to .5 of a full-time equivalent position to administer the program. |
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| (8) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:
| (a) |
beginning with the 2018-19 school year, require an LEA to offer the Underage Drinking and Substance Abuse Prevention Program each school year to each student in grade 7 or 8 and grade 9 or 10; |
| (b) |
beginning with the 2020-21 school year, require an LEA to offer the Underage Drinking and Substance Abuse Prevention Program each school year to each student in grade 4 or 5; and |
| (c) |
establish criteria for the state board to use in selecting a provider described in Subsection (6). |
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Amended by Chapter 447, 2022 General Session
