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

(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
class B misdemeanorup to 6 monthsup to $1,000
class C misdemeanorup to 90 daysup to $750
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 53G-8-211

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
  • Statute: A law passed by a legislature.
(a)  “Evidence-based” means a program or practice that has:

(i)  had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population;

(ii)  been rated as effective by a standardized program evaluation tool; or

(iii)  been approved by the state board.

(b)  “Habitual truant” means a school-age child who:

(i)  is in grade 7 or above, unless the school-age child is under 12 years old;

(ii)  is subject to the requirements of Section 53G-6-202; and

(iii) 

(A)  is truant at least 10 times during one school year; or

(B)  fails to cooperate with efforts on the part of school authorities to resolve the school-age child’s attendance problem as required under Section 53G-6-206.

(c)  “Minor” means the same as that term is defined in Section 80-1-102.

(d)  “Mobile crisis outreach team” means the same as that term is defined in Section 62A-15-102.

(e)  “Prosecuting attorney” means the same as that term is defined in Subsections 80-1-102(58)(b) and (c).

(f)  “Restorative justice program” means a school-based program or a program used or adopted by a local education agency that is designed:

(i)  to enhance school safety, reduce school suspensions, and limit referrals to law enforcement agencies and courts; and

(ii)  to help minors take responsibility for and repair harmful behavior that occurs in school.

(g)  “School administrator” means a principal of a school.

(h)  “School is in session” means a day during which the school conducts instruction for which student attendance is counted toward calculating average daily membership.

(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.

(j)  “School-age child” means the same as that term is defined in Section 53G-6-201.

(k) 

(i)  “School-sponsored activity” means an activity, fundraising event, club, camp, clinic, or other event or activity that is authorized by a specific local education agency or public school, according to LEA governing board policy, and satisfies at least one of the following conditions:

(A)  the activity is managed or supervised by a local education agency or public school, or local education agency or public school employee;

(B)  the activity uses the local education agency’s or public school’s facilities, equipment, or other school resources; or

(C)  the activity is supported or subsidized, more than inconsequentially, by public funds, including the public school’s activity funds or Minimum School Program dollars.

(ii)  “School-sponsored activity” includes preparation for and involvement in a public performance, contest, athletic competition, demonstration, display, or club activity.

(l) 

(i)  “Status offense” means an offense that would not be an offense but for the age of the offender.

(ii)  “Status offense” does not mean an offense that by statute is a misdemeanor or felony.

(2)  This section applies to a minor enrolled in school who is alleged to have committed an offense on school property where the student is enrolled:

(a)  when school is in session; or

(b)  during a school-sponsored activity.

(3)  If a minor is alleged to have committed an offense on school property that is a class C misdemeanor, an infraction, or a status offense, the school administrator, the school administrator’s designee, or a school resource officer may refer the minor:

(a)  to an evidence-based alternative intervention, including:

(i)  a mobile crisis outreach team;

(ii)  a youth services center, as defined in Section 80-5-102;

(iii)  a youth court or comparable restorative justice program;

(iv)  an evidence-based alternative intervention created and developed by the school or school district;

(v)  an evidence-based alternative intervention that is jointly created and developed by a local education agency, the state board, the juvenile court, local counties and municipalities, the Department of Health and Human Services; or

(vi)  a tobacco cessation or education program if the offense is a violation of Section 76-10-105; or

(b)  for prevention and early intervention youth services, as described in Section 80-5-201, by the Division of Juvenile Justice Services if the minor refuses to participate in an evidence-based alternative intervention described in Subsection (3)(a).

(4)  Except as provided in Subsection (5), if a minor is alleged to have committed an offense on school property that is a class C misdemeanor, an infraction, or a status offense, a school administrator, the school administrator’s designee, or a school resource officer may refer a minor to a law enforcement officer or agency or a court only if:

(a)  the minor allegedly committed the same offense on school property on two previous occasions; and

(b)  the minor was referred to an evidence-based alternative intervention, or to prevention or early intervention youth services, as described in Subsection (3) for both of the two previous offenses.

(5)  If a minor is alleged to have committed a traffic offense that is an infraction, a school administrator, the school administrator’s designee, or a school resource officer may refer the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the traffic offense.

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

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

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

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

(d)  take temporary custody of a minor in accordance with Section 80-6-201; or

(e)  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.

(7) 

(a)  If a minor is referred to a court or a law enforcement officer or agency under Subsection (4), the school or the school district shall appoint a school representative to continue to engage with the minor and the minor’s family through the court process.

(b)  A school representative appointed under Subsection (7)(a) may not be a school resource officer.

(c)  A school district or school shall include the following in the school district’s or school’s referral to the court or the law enforcement officer or agency:

(i)  attendance records for the minor;

(ii)  a report of evidence-based alternative interventions used by the school before the referral, including outcomes;

(iii)  the name and contact information of the school representative assigned to actively participate in the court process with the minor and the minor’s family;

(iv)  if the minor was referred to prevention or early intervention youth services under Subsection (3)(b), a report from the Division of Juvenile Justice Services that demonstrates the minor’s failure to complete or participate in prevention and early intervention youth services under Subsection (3)(b); and

(v)  any other information that the school district or school considers relevant.

(d)  A minor referred to a court under Subsection (4) may not be ordered to or placed in secure detention, including for a contempt charge or violation of a valid court order under Section 78A-6-353, when the underlying offense is a status offense or infraction.

(e)  If a minor is referred to a court under Subsection (4), the court may use, when available, the resources of the Division of Juvenile Justice Services or the Division of Substance Abuse and Mental Health to address the minor.

(8)  If a minor is alleged to have committed an offense on school property that is a class B misdemeanor or a class A misdemeanor, the school administrator, the school administrator’s designee, or a school resource officer may refer the minor directly to a court or to the evidence-based alternative interventions in Subsection (3)(a).

Amended by Chapter 161, 2023 General Session

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