Terms Used In Utah Code > Title 53G > Chapter 9 - Health and Welfare

• 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Allegation: something that someone says happened.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• 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 Communication: means the conveyance of a message, whether verbal, written, or electronic. See Utah Code 53G-9-601 Contract: A legal written agreement that becomes binding when signed. 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 53G-9-301 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 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 Health official: means an individual designated by a local health department from within the local health department to consult and counsel parents and licensed health care providers, in accordance with Subsection 53G-9-304(2)(a). See Utah Code 53G-9-301 Health official designee: means a licensed health care provider designated by a local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with parents, licensed health care professionals, and school officials. See Utah Code 53G-9-301 Immunization record: means a record relating to a student that includes: (a)  information regarding each required vaccination that the student has received, including the date each vaccine was administered, verified by: (i)  a licensed health care provider; (ii)  an authorized representative of a local health department; (iii)  an authorized representative of the department; (iv)  a registered nurse; or (v)  a pharmacist; (b)  information regarding each disease against which the student has been immunized by previously contracting the disease; and (c)  an exemption form identifying each required vaccination from which the student is exempt, including all required supporting documentation described in Section 53G-9-303. See Utah Code 53G-9-301 immunize: means a process through which an individual develops an immunity to a disease, through vaccination or natural exposure to the disease. See Utah Code 53G-9-301 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. Land: includes :Utah Code 68-3-12.5 LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-9-601 Legally responsible individual: means : (a)  a student's parent; (b)  the student's legal guardian; (c)  an adult brother or sister of a student who has no legal guardian; or (d)  the student, if the student: (i)  is an adult; or (ii)  is a minor who may consent to treatment under Section 26B-4-321. See Utah Code 53G-9-301 Licensed health care provider: means a health care provider who is licensed under Title 58, Occupations and Professions, as: (a)  a medical doctor; (b)  an osteopathic doctor; (c)  a physician assistant; or (d)  an advanced practice registered nurse. See Utah Code 53G-9-301 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 53G-9-301 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Policy: means an LEA governing board policy described in Section 53G-9-605. 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 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public education suicide prevention coordinator: means the public education suicide prevention coordinator described in Section 53G-9-702. See Utah Code 53G-9-601 v2 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Required vaccines: means vaccines required by department rule described in Section 53G-9-305. See Utah Code 53G-9-301 School: means any public or private: (a)  elementary or secondary school through grade 12; (b)  preschool; (c)  child care program, as that term is defined in Section 26B-2-401; (d)  nursery school; or (e)  kindergarten. See Utah Code 53G-9-301 School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601 School employee: means an individual working in the individual's official capacity as: (a)  a school teacher; (b)  a school staff member; (c)  a school administrator; or (d)  an individual: (i)  who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and (ii)  who works on a school campus. See Utah Code 53G-9-601 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 suicide prevention coordinator: means the state suicide prevention coordinator described in Section 62A-15-1101. See Utah Code 53G-9-601 v2 State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53G-9-601 v2 Statute: A law passed by a legislature. Student: means an individual who attends a school. See Utah Code 53G-9-301 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 vaccination: means the administration of a vaccine. See Utah Code 53G-9-301 Vaccination exemption form: means a form, described in Section 53G-9-304, that documents and verifies that a student is exempt from the requirement to receive one or more required vaccines. See Utah Code 53G-9-301 Vaccine: means the substance licensed for use by the United States Food and Drug Administration that is injected into or otherwise administered to an individual to immunize the individual against a communicable disease. See Utah Code 53G-9-301 Writing: includes :Utah Code 68-3-12.5