School Security Personnel Standards

42
53-13-105
53-22-103
53-22-105
53-22-107
53-25-701
53G-6-806
53G-7-227
53G-8-101
53G-8-102
53G-8-301
53G-8-701
53G-8-701.5
53G-8-701.6
53G-8-704
53G-8-802
53G-8-805
53G-8-806
53G-8-901
53G-8-902
53G-8-903
63C-27-201
63C-27-202
HB0044
SB0069
0
School Security Personnel Standards
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill provides amendments to school safety standards regarding requirements for
various safety related personnel.
Highlighted Provisions:
This bill:
allows county security chiefs to designate approved private security companies to
administer required school safety personnel training;
requires the State Board of Education to administer stipends for a school guardian in
coordination with the state security chief;
requires a local education agency (LEA) to provide a panic alert device for certain school
safety personnel;
expands the definition of an armed school security guard to include a special function
officer;
clarifies requirements of a school guardian concealed carrying a firearm while on duty;
prohibits certain devices in schools;
directs the Cybersecurity Commission to make rules establishing minimum cybersecurity
standards for local education agencies (LEAs) aligned with industry recognized
frameworks;
establishes a phased implementation timeline for LEA compliance;
requires coordination among the Utah Cyber Center, the State Board of Education, and
the Utah Education and Telehealth Network;
establishes reporting requirements for cybersecurity incidents;
requires the State Board of Education to provide implementation support and resources;
includes a coordination clause to incorporate changes made to Section 53G-7-227 with
changes made to that section in S.B. 69, School Device Revisions;
provides protocols for a school guardian or armed school security guard for an incident
using deadly force;
establishes visitor management protocols for an LEA;
removes duplicative language; and
makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53-13-105
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 16
53-22-103
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 388
53-22-105
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
208, 388, and 470
53-22-107
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 173,
208
53-25-701
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 388
53G-6-806
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 21
53G-7-227
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53G-8-101
Effective
05/06/26
, as enacted by Laws of Utah 2018, Chapter 3
53G-8-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 348,
388
53G-8-301
Effective
05/06/26
, as repealed and reenacted by Laws of Utah 2025,
Chapter 327
53G-8-701
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 388
53G-8-701.5
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 388
53G-8-701.6
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 388,
470
53G-8-704
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 208,
388
53G-8-802
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 388
53G-8-805
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 388
63C-27-201
Effective
05/06/26
Repealed
07/01/32
, as enacted by Laws of Utah 2022,
Chapter 153
63C-27-202
Effective
05/06/26
Repealed
07/01/32
, as enacted by Laws of Utah 2022,
Chapter 153
ENACTS:
53G-8-806
Effective
05/06/26
, Utah Code Annotated 1953
53G-8-901
Effective
05/06/26
, Utah Code Annotated 1953
53G-8-902
Effective
05/06/26
, Utah Code Annotated 1953
53G-8-903
Effective
05/06/26
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-13-105
is amended to read:
53-13-105
Effective
05/06/26
. Special function officer.
(1)
(a)
"Special function officer" means a sworn and certified peace officer performing
specialized investigations, service of legal process, security functions, or specialized
ordinance, rule, or regulatory functions.
(b)
"Special function officer" includes:
(i)
state military police;
(ii)
constables;
(iii)
port-of-entry agents as defined in Section
72-1-102
;
(iv)
authorized employees or agents of the Department of Transportation assigned to
administer and enforce the provisions of
Title 72, Chapter 9, Motor Carrier Safety
Act
;
(v)
school district security officers;
(vi)
Utah State Hospital security officers designated pursuant to Section
26B-5-303
;
(vii)
Utah State Developmental Center security officers designated pursuant to
Section
26B-6-506
;
(viii)
fire arson investigators for any political subdivision of the state;
(ix)
ordinance enforcement officers employed by municipalities or counties may be
special function officers;
(x)
employees of the Department of Natural Resources who have been designated to
conduct supplemental enforcement functions as a collateral duty;
(xi)
railroad special agents deputized by a county sheriff under Section
17-76-202
or
17-76-303
or appointed under Section
56-1-21.5
;
(xii)
auxiliary officers, as described by Section
53-13-112
;
(xiii)
special agents, process servers, and investigators employed by city attorneys;
(xiv)
criminal tax investigators designated under Section
59-1-206
; and
(xv)
all other persons designated by statute as having special function officer
authority or limited peace officer authority.
(2)
(a)
A special function officer may exercise that spectrum of peace officer authority
that has been designated by statute to the employing agency, and only while on duty,
and not for the purpose of general law enforcement.
(b)
If the special function officer is charged with security functions respecting facilities
or property, the powers may be exercised only in connection with acts occurring on
the property where the officer is employed or when required for the protection of the
employer's interest, property, or employees.
(c)
A special function officer may carry firearms only while on duty, and only if
authorized and under conditions specified by the officer's employer or chief
administrator.
(d)
While on duty, a special function officer employed by an elected sheriff or by a law
enforcement agency of the state or of a political subdivision may respond to
situations observed by the special function officer, whether on or off the officer's
assigned duty location, and is authorized to perform collateral duties for the purposes
of public safety, pending arrival of law enforcement officers from a local law
enforcement agency.
(3)
(a)
A special function officer may not exercise the authority of a special function
officer until:
(i)
the officer has satisfactorily completed an approved basic training program for
special function officers as provided under Subsection
(4)
; and
(ii)
the chief law enforcement officer or administrator has certified this fact to the
director of the division.
(b)
City and county constables and their deputies shall certify their completion of
training to the legislative governing body of the city or county they serve.
(4)
(a)
The agency that the special function officer serves may establish and maintain a
basic special function course and in-service training programs as approved by the
director of the division with the advice and consent of the council.
(b)
The in-service training shall consist of no fewer than 40 hours per year and may be
conducted by the agency's own staff or by other agencies.
(5)
(a)
An individual shall be 19 years old or older before being certified or employed as
a special function officer.
(b)
A special function officer who is under 21 years old may only work as a correctional
officer in accordance with Section
53-13-104
.
Section 2. Section
53-22-103
is amended to read:
53-22-103
Effective
05/06/26
. County sheriff responsibilities -- Coordination.
(1)
Each county sheriff shall identify an individual as a county security chief within the
sheriff's office to coordinate security responsibilities, protocols, and required trainings
between the state security chief, the county sheriff's office, and the corresponding police
chiefs whose jurisdiction includes a public school within the county.
(2)
The county security chief shall:
(a)
in collaboration with the school safety and security specialist described in Section
53G-8-701.6
and a member of the local law enforcement agency of relevant
jurisdiction as described in Section
53-25-701
:
(i)
administer or coordinate with a designee from the local law enforcement agency
of relevant jurisdiction to participate in, by any appropriate means the county
security chief determines, the school safety needs assessment described in Section
53G-8-701.5
; and
(ii)
review the results of the school safety needs assessment to recommend and
implement improvements to school facilities, policies, procedures, protocols,
rules, and regulations relating to school safety and security;
(b)
collaborate and maintain effective communications regarding school safety with
each:
(i)
school safety and security specialist in the county security chief's county, as
described in Section
53G-8-701.6
;
(ii)
school safety and security director in the county security chief's county, as
described in Section
53G-8-701.8
; and
(iii)
local law enforcement agency within the county;
(c)
administer, or, if a local education agency chooses, designate qualified entities to
administer, with the corresponding police chiefs whose jurisdiction includes a public
school, the trainings described in Sections
53-22-105
and
53G-8-704
, including:
(i)
assessing if an individual is capable of the duties and responsibilities that the
trainings cover;
(ii)
denying an individual the ability to be any of the school safety personnel
described in Section
53G-8-701.5
if the county security chief finds the individual
is not capable of the duties and responsibilities that the trainings cover; and
(iii)
for any designated entity under this Subsection
(2)(c)
:
(A)
ensuring the designated entity meets minimum training standards established
by the state security chief;
(B)
providing written approval of the designation;
(C)
ensuring the designated entity coordinates with local law enforcement of the
relevant jurisdiction; and
(D)
maintaining oversight and final authority over all training administration; and
(c)
administer with the corresponding police chiefs whose jurisdiction includes a public
school, the trainings described in Sections
53-22-105
and
53G-8-704
, including:
(i)
assessing if an individual is capable of the duties and responsibilities that the
trainings cover; and
(ii)
denying an individual the ability to be a school safety personnel described in
Section
53G-8-701.5
if the county security chief finds the individual is not
capable of the duties and responsibilities that the trainings cover; and
(d)
in conjunction with the state security chief, administer the school guardian program
established in Section
53-22-105
at any school participating in the program in the
county security chief's county.
Section 3. Section
53-22-105
is amended to read:
53-22-105
Effective
05/06/26
. School guardian program.
(1)
As used in this section:
(a)
"Annual training" means an annual four-hour training that:
(i)
a county security chief or a designee administers in coordination with personnel
from local law enforcement of relevant jurisdiction as described in
Section
Subsection

53-25-701(2)(b)
;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs;
(iv)
allows an individual to practice and demonstrate firearms proficiency at a
firearms range using the firearm the individual carries for self defense and defense
of others;
(v)
includes the following components:
(A)
firearm safety, including safe storage of a firearm;
(B)
de-escalation tactics;
(C)
the role of mental health in incidents; and
(D)
disability awareness and interactions; and
(vi)
contains other training needs as determined by the state security chief.
(b)
"Biannual training" means a twice-yearly training that:
(i)
is at least four hours, unless otherwise approved by the state security chief;
(ii)
a county security chief or a designee administers in coordination with personnel
from local law enforcement of relevant jurisdiction as described in
Section
Subsection

53-25-701(2)(b)
;
(iii)
the state security chief approves;
(iv)
can be tailored to local needs;
(v)
through which a school guardian at a school or simulated school environment:
(A)
receives training on the specifics of the building or buildings of the school,
including the location of emergency supplies and security infrastructure; and
(B)
participates in a live-action practice plan with school administrators in
responding to active threats at the school; and
(vi)
shall be taken with at least three months in between the two trainings.
(c)
"Deadly force" means the same as that term is defined in Section
76-2-408
.
(c)
(d)
"Firearm" means the same as that term is defined in Section
76-11-101
.
(d)
(e)
"Initial training" means an in-person training that:
(i)
a county security chief or a designee administers in coordination with personnel
from local law enforcement of relevant jurisdiction as described in
Section
Subsection

53-25-701(2)(b)
;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs; and
(iv)
provides:
(A)
training on general familiarity with the types of firearms that can be concealed
for self-defense and defense of others;
(B)
training on the safe loading, unloading, storage, and carrying of firearms in a
school setting;
(C)
training at a firearms range with instruction regarding firearms fundamentals,
marksmanship, the demonstration and explanation of the difference between
sight picture, sight alignment, and trigger control, and a recognized pistol
course;
(D)
current laws dealing with the lawful use of a firearm by a private citizen,
including laws on self-defense, defense of others, transportation of firearms,
and concealment of firearms;
(E)
coordination with law enforcement officers in the event of an active threat;
(F)
basic trauma first aid;
(G)
the appropriate use of force, emphasizing the de-escalation of force and
alternatives to using force; and
(H)
situational response evaluations, including:
(I)
protecting and securing a crime or accident scene;
(II)
notifying law enforcement;
(III)
controlling information; and
(IV)
other training that the county sheriff, designee, or department deems
appropriate.
(e)
(f)
"Program" means the school guardian program created in this section.
(f)
(g)
(i)
"School employee" means an employee of a school
or law enforcement
agency
whose duties and responsibilities require the employee to be physically
present at a school's campus while school is in session.
(ii)
"School employee" does not include a
principal,
teacher
,
or individual whose
primary responsibilities require the employee to be primarily present in a
classroom to teach, care for, or interact with students, unless:
(A)
the
principal,
teacher
,
or individual is employed at a school with 350 or
fewer students;
(B)
the
principal,
teacher
,
or individual is employed at a school with adjacent
campuses as determined by the state security chief; or
(C)
as provided in Subsection
53G-8-701.5(3)
.
(g)
(h)
"School guardian" means a school employee who meets the requirements of
Subsection
(3)
.
(2)
(a)
(i)
There is created within the department the school guardian program.
(ii)
The state security chief shall oversee the school guardian program.
(iii)
The applicable county security chief shall administer the school guardian
program in each county.
(b)
The state security chief shall ensure that the school guardian program includes:
(i)
initial training;
(ii)
biannual training; and
(iii)
annual training.
(c)
A county sheriff may partner or contract with:
(i)
another county sheriff to support the respective county security chiefs in jointly
administering the school guardian program in the relevant counties; and
(ii)
a local law enforcement agency of relevant jurisdiction to provide the:
(A)
initial training;
(B)
biannual training; and
(C)
annual training.
(3)
(a)
A school employee that volunteers to participate is eligible to join the program as
a school guardian if:
(i)
the school administrator approves the volunteer school employee to be designated
as a school guardian;
(ii)
the school employee satisfactorily completes initial training within six months
before the day on which the school employee joins the program;
(iii)
the school employee holds a valid concealed carry permit issued under Chapter
5a, Part 3, Concealed Firearm Permits;
(iv)
the school employee certifies to the sheriff of the county where the school is
located that the school employee has undergone the training in accordance with
Subsection
(3)(a)(ii)
and intends to serve as a school guardian; and
(v)
the school employee:
(A)
completes an initial "fit to carry" assessment the Department of Health and
Human Services approves and a provider administers; and
(B)
maintains compliance with mental health screening requirements consistent
with law enforcement standards.
(b)
After joining the program a school guardian shall complete annual training and
biannual training to retain the designation of a school guardian in the program.
(4)
The state security chief shall:
(a)
for each school that participates in the program, track each school guardian at the
school by collecting the photograph and the name and contact information for each
guardian;
(b)
make the information described in Subsection
(4)(a)
readily available to each law
enforcement agency in the state categorized by school; and
(c)
provide each school guardian with a one-time stipend of $500.
in accordance with
Section
53G-8-701.5
, and subject to legislative appropriations, consult with the State
Board of Education to provide each school guardian with a one-time stipend.
(5)
A school guardian:
(a)
may store the school guardian's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the school guardian's office; and
(iii)
the school guardian is physically present on the grounds of the school while the
firearm is stored in the safe;
(b)
shall carry the school guardian's firearm in a concealed manner; and
(c)
may not, unless during an active threat, display or open carry a firearm while on
school grounds.
(a)
shall carry the school guardian's firearm on the school guardian's person in a
concealed manner at all times while on duty during school hours;
(b)
may temporarily store the school guardian's firearm in a biometric gun safe located
in the school guardian's office only:
(i)
for brief personal needs such as restroom use;
(ii)
during required activities where carrying is physically impractical and approved
by the school administrator; or
(iii)
at the end of the school guardian's shift;
(c)
shall ensure that any temporary storage under Subsection
(5)(b)
:
(i)
does not exceed 15 minutes per occasion, except as approved by the school
administrator for documented necessity;
(ii)
occurs only when the school guardian is physically present on school grounds; and
(iii)
is immediately retrievable by the school guardian;
(d)
may not, unless during an active threat, display or open carry a firearm while on
school grounds; and
(e)
shall ensure the firearm is immediately accessible to respond to active threats during
the school guardian's assigned duty hours.
(6)
Except as provided in Subsection
(5)(c)
(5)(d)
, this section does not prohibit an
individual who has a valid concealed carry permit but is not participating in the program
from carrying a firearm on the grounds of a public school or charter school under
Subsection
76-11-205(4)
.
(7)
A school guardian:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the school where the school guardian is employed:
(i)
take actions necessary to prevent or abate an active threat; and
(ii)
temporarily detain an individual when the school guardian has reasonable cause
to believe the individual has committed or is about to commit a forcible felony, as
that term is defined in Section
76-2-402
.
(8)
A school may designate a single volunteer or multiple volunteers to participate in the
school guardian program to satisfy the school safety personnel requirements of Section
53G-8-701.5
.
(9)
The department may adopt, according to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, rules to administer this section.
(10)
A school guardian who has active status in the guardian program is not liable for any
civil damages or penalties if the school guardian:
(a)
when carrying or storing a firearm:
(i)
is acting in good faith; and
(ii)
is not grossly negligent; or
(b)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be
necessary in compliance with Section
76-2-402
.
(11)
A school guardian shall file a report described in Subsection
(12)
if, during the
performance of the school guardian's duties, the school guardian points a firearm at an
individual.
(12)
(a)
A report described in Subsection
(11)
shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
A school guardian shall submit a report required under Subsection
(11)
to the school
administrator, school safety and security director, and the state security chief within
48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security
chief shall consult and review the report submitted under Subsection
(12)(b)
.
(13)
The requirements of Subsections
(11)
and
(12)
do not apply to a training exercise.
(14)
If a school guardian uses deadly force, the guardian:
(a)
shall be placed on administrative leave pending investigation;
(b)
may not be required to provide a written report described in Subsections
(11)
and
(12)
;
(c)
(i)
may not be required to participate in a voluntary interview; and
(ii)
if the guardian chooses to participate in an interview, the interview may not be
sooner than two sleep cycles after the incident; and
(d)
shall be subject to investigation by the law enforcement agency with primary
jurisdiction over the school's location.
(14)
(15)
A school guardian may have the designation of school guardian revoked at any
time by the school principal, county sheriff, or state security chief.
(15)
(16)
(a)
Any information or record created detailing a school guardian's
participation in the program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
administrators at the school guardian's school;
(C)
if applicable, other school safety personnel described in Section
53G-8-701.5
;
(D)
school employees participating in the Educator-Protector Program under
Section
53-22-107
at the same school;
(D)
(E)
a local law enforcement agency that would respond to the school in case
of an emergency; and
(E)
(F)
the individual designated by the county sheriff in accordance with Section
53-22-103
of the county of the school where the school guardian in the
program is located.
(b)
The information or record described in Subsection
(15)(a)
(16)(a)
includes
information related to the school guardian's identity and activity within the program
as described in this section and any personal identifying information of a school
guardian participating in the program collected or obtained during initial training,
annual training, and biannual training.
(c)
An individual who intentionally or knowingly provides the information described in
Subsection
(15)(a)
(16)(a)
to an individual or entity not listed in Subsection
(15)(a)(ii)
(16)(a)(ii)
is guilty of a class B misdemeanor.
Section 4. Section
53-22-107
is amended to read:
53-22-107
Effective
05/06/26
. Educator-Protector Program.
(1)
As used in this section:
(a)
"Annual classroom response training" means a training for a
teacher
school
employee
:
(i)
that is held at least once a year and is administered, at no cost to a
teacher
school
employee
, by the individual identified by the county sheriff as described in
Section
53-22-103
; and
(ii)
where the
teacher
school employee
is trained:
(A)
on how to defend a classroom against active threats emphasizing the
teacher's
school employee's
role in stationary defense; and
(B)
on the safe loading, unloading, storage, and carrying of firearms in a school
setting.
(b)
"Bureau" means the Bureau of Criminal Identification created in Section
53-10-201
.
(c)
"Local education agency" means the same as that term is defined in Section
53E-1-102
.
(d)
"Program" means the Educator-Protector Program created under this section.
(e)
"Teacher" means an individual employed by a local education agency who has an
assignment to teach in a classroom.
"School employee" means the same as that term
is defined in Section
53-22-105
.
(2)
There is created the Educator-Protector Program to incentivize a
teacher
school
employee
to responsibly secure or carry a firearm on the grounds of the school where
the
teacher
school employee
is employed.
(3)
(a)
To participate in the program, a
teacher
school employee
shall:
(i)
have completed an annual classroom response training within six months before
the day on which the
teacher
school employee
joins the program;
(ii)
have a valid concealed carry permit issued under Title 53, Chapter 5a, Part 3,
Concealed Firearm Permits; and
(iii)
certify to the department that:
(A)
the
teacher
school employee
satisfies the requirements described in
Subsections
(3)(a)(i)
and
(3)(a)(ii)
; and
(B)
if applicable, intends to securely store or carry a firearm on the grounds of a
school where the
teacher
school employee
is employed.
(b)
After joining the program, to retain the
teacher's
school employee's
active status in
the program, a
teacher
school employee
shall:
(i)
participate in annual classroom response training; and
(ii)
comply with any rules established by the department in accordance with
Subsection
(10)
.
(4)
(a)
The state security chief shall:
(i)
track each
teacher
school employee
that participates in the program by collecting
a photograph, name, and contact information for each
teacher
school employee
;
(ii)
make the information described in Subsection
(4)(a)
(
4)(a)(i
)
readily available to
each law enforcement agency in the state; and
(iii)
provide reasonable reimbursement, using funds appropriated by the Legislature,
to a county sheriff for providing a
teacher
school employee
with annual
classroom response training.
(b)
The state security chief shall categorize the information described in Subsection
(4)(a)(i)
by school.
(5)
A
teacher
school employee
participating in the program:
(a)
may store the
teacher's
school employee's
firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the
teacher's
school employee's
classroom or
office; and
(iii)
the
teacher
school employee
is physically present on the grounds of the school
while the firearm is stored in the biometric gun safe; and
(b)
shall carry the
teacher's
school employee's
firearm in a concealed manner unless
during an active threat.
(6)
This section does not prohibit an individual who has a valid concealed carry permit but
is not participating in the program from carrying firearms on the grounds of a school as
described in Subsection
76-11-205(4)
.
(7)
(a)
A
teacher
school employee
who has active status in the program is not liable for
any civil damages or penalties if the
teacher
school employee
:
(i)
when carrying or storing a firearm:
(A)
is acting in good faith; and
(B)
is not grossly negligent; or
(ii)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be
necessary in compliance with Section
76-2-402
.
(b)
A local education agency is not liable for civil damages or penalties resulting from a
teacher
school employee
who is participating in the program carrying, using, or
storing a firearm at a school.
(8)
A local education agency may not prevent a
teacher
school employee
from
participating in the program under this section.
(9)
(a)
Any information or record created detailing a
teacher's
school employee's

participation in the program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
school guardians under Section
53-22-105
at the same school;
(B)
(C)
a local law enforcement agency that would respond to the school in case
of an emergency; and
(C)
(D)
the individual identified by the county sheriff as described in Section
53-22-103
.
(b)
The information or record described in Subsection
(9)(a)
includes the information
described in Subsection
(4)(a)(i)
and any personal identifying information of a
teacher
school employee
participating in the program collected or obtained during
annual classroom response training.
(c)
An individual who intentionally or knowingly provides the information described in
Subsection
(9)(a)
to an individual or entity not listed in Subsection
(9)(a)(ii)
is guilty
of a class A misdemeanor.
(10)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may adopt rules to administer this section.
Section 5. Section
53-25-701
is amended to read:
53-25-701
Effective
05/06/26
. Requirements for school safety.
(1)
As used in this section:
(a)
"Local law enforcement agency" means the law enforcement agency with primary
jurisdiction over a school's physical location.
(b)
"School safety needs assessment" means the assessment required under Section
53G-8-701.5
.
(c)
"Security camera system" means the system described in Section
53G-8-805
.
(2)
Each local law enforcement agency shall:
(a)
as coordinated with the county security chief described in Section
53-22-103
,
allocate adequate personnel to participate in the school safety needs assessments with
a school's school safety and security specialist as required by Section
53G-8-701.5

for each school within the local law enforcement's jurisdiction;
(b)
if
a
any
school
located
within the
county of a
local law enforcement agency's
jurisdiction elects to satisfy the requirements described in Subsection
53G-8-701.5(2)(a)(ii)
by employing school guardians, assign adequate personnel
time as the county security chief determines to assist the county security chief in
administering the trainings required under Section
53-22-105
;
(c)
ensure the school safety and security specialist for each school has all relevant
information collected by the county security chief or the local law enforcement
agency to submit the completed assessments to the School Safety Center created in
Section
53G-8-802
by October 15 of each year;
(d)
coordinate with each school within the local law enforcement's jurisdiction to obtain
and maintain access to school security camera systems as described in Section
53G-8-805
; and
(e)
coordinate with the relevant county security chiefs as specified in Sections
53-22-103

and
53-22-105
.
(3)
The county security chief shall consider the number of schools in a law enforcement
agency's direct jurisdiction that have elected to satisfy the requirements described in
Subsection
53G-8-701.5(2)(a)(ii)
by employing school guardians when determining the
adequate personnel time described in Subsection
(2)(b)
a law enforcement agency shall
assign to assist the county security chief in administering the trainings required under
Section
53-22-105
.
Section 6. Section
53G-6-806
is amended to read:
53G-6-806
Effective
05/06/26
. Parent portal.
(1)
As used in this section:
(a)
"Parent portal" means the posting the state board is required to provide under this
section.
(b)
"School" means a public elementary or secondary school, including a charter school.
(2)
(a)
The state board shall post information that allows a parent of a student enrolled in
a school to:
(i)
access an LEA's policies required by Sections
53G-9-203
and
53G-9-605
;
(ii)
be informed of resources and steps to follow when a student has been the subject,
perpetrator, or bystander of bullying, cyber-bullying, hazing, retaliation, or
abusive conduct such as:
(A)
resources for the student, including short-term mental health services;
(B)
options for the student to make changes to the student's educational
environment;
(C)
options for alternative school enrollment;
(D)
options for differentiated start or stop times;
(E)
options for differentiated exit and entrance locations; and
(F)
the designated employee for an LEA who addresses incidents of bullying,
cyber-bullying, hazing, retaliation, and abusive conduct;
(iii)
be informed of the steps and resources for filing a grievance with a school or
LEA regarding bullying, cyber-bullying, hazing, or retaliation;
(iv)
be informed of the steps and resources for seeking accommodations under the
Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq;
(v)
be informed of the steps and resources for seeking accommodations under state or
federal law regarding religious accommodations;
(vi)
be informed of the steps and resources for filing a grievance for an alleged
violation of state or federal law, including:
(A)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d-2000d-4;
(B)
Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681-1688;
(C)
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794; and
(D)
Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
12131-12165;
(vii)
receive information about constitutional rights and freedoms afforded to families
in public education;
(viii)
be informed of how to access an internal audit hotline if established by the state
board; and
(ix)
be informed of services for military families.
(b)
In addition to the information required under Subsection
(2)(a)
, the state board:
(i)
shall include in the parent portal:
(A)
the comparison tool created under Section
53G-6-805
;
(B)
beginning July 1, 2028,
school level safety data, including data points
described in Section
53E-3-516
; and
(C)
a link to the public safety portal described in Section
63A-16-1002
; and
(ii)
may include in the parent portal other information that the state board determines
is helpful to parents.
(3)
(a)
The state board shall post the parent portal at a location that is easily located by a
parent.
(b)
The state board shall update the parent portal at least annually.
(c)
In accordance with state and federal law, the state board may collaborate with a
third-party to provide safety data visualization in comparison to other states' data.
(4)
An LEA shall annually notify each of the following of how to access the parent portal:
(a)
a parent of a student; and
(b)
a teacher, principal, or other professional staff within the LEA.
Section 7. Section
53G-7-227
is amended to read:
53G-7-227
Effective
05/06/26
. Device prohibition.
(1)
As used in this section:
(a)
(i)
"AI glasses" means wearable eyewear, whether prescription or
non-prescription, that:
(A)
incorporates one or more sensors, including cameras, microphones,
accelerometers, gyroscopes, or biometric sensors;
(B)
uses artificial intelligence, machine learning algorithms, or neural networks to
process, analyze, or interpret data captured by the sensors in real-time or near
real-time;
(C)
provides information, overlays, translations, identification, or other augmented
content to the wearer through visual displays, audio output, or haptic feedback;
and
(D)
may transmit, store, or share data to external devices, networks, or
cloud-based services.
(ii)
"AI glasses" does not include:
(A)
prescription eyeglasses or sunglasses without electronic components;
(B)
wearable devices used solely for reading glasses or vision correction without
data collection or processing capabilities;
(C)
protective eyewear that contains only passive sensors without artificial
intelligence processing capabilities; or
(D)
virtual reality headsets designed primarily for immersive gaming or
entertainment that are not suitable for continuous wear in public settings.
(a)
(b)
"Cellphone" means a handheld, portable electronic device that is designed to be
operated using one or both hands and is capable of transmitting and receiving voice,
data, or text communication by means of:
(i)
a cellular network;
(ii)
a satellite network; or
(iii)
any other wireless technology.
(b)
(c)
"Cellphone" includes:
(i)
a smartphone;
(ii)
a feature phone;
(iii)
a mobile phone;
(iv)
a satellite phone; or
(v)
a personal digital assistant that incorporates capabilities similar to a smartphone,
feature phone, mobile phone, or satellite phone.
(c)
(d)
"Classroom hours" means:
(i)
time during which a student receives scheduled, teacher-supervised instruction
that occurs:
(A)
in a physical or virtual classroom setting;
(B)
during regular school operating hours; and
(C)
as part of an approved educational curriculum.
(ii)
"Classroom hours" does not include:
(A)
lunch periods;
(B)
recess;
(C)
transit time between classes;
(D)
study halls unless directly supervised by a qualified instructor;
(E)
after-school activities unless part of an approved extended learning program; or
(F)
independent study time occurring outside scheduled instruction.
(d)
(e)
(i)
"Emerging technology" means any other device that has or will be able to
act in place of or as an extension of an individual's cellphone.
(ii)
"Emerging technology" does not include school provided or required devices.
(e)
(f)
"Smart watch" means a wearable computing device that closely resembles a
wristwatch or other time-keeping device with the capacity to act in place of or as an
extension of an individual's cellphone.
(f)
(g)
"Smart watch" does not include a wearable device that can only:
(i)
tell time;
(ii)
monitor an individual's health informatics;
(iii)
receive and display notifications or information without the capability to
respond; or
(iv)
track the individual's physical location.
(2)
(a)
An LEA:
(i)
shall establish a policy that allows a student to use a cellphone, smart watch,
AI
glasses,
or emerging technology:
(A)
to respond to an imminent threat to the health or safety of an individual;
(B)
to respond to a school-wide emergency;
(C)
to use the SafeUT Crisis Line described in Section
53H-4-210
;
(D)
for a student's IEP or Section 504 accommodation plan; or
(E)
to address a medical necessity; and
(ii)
may establish a policy that provides for other circumstances when a student may
use a cellphone, smart watch,
AI glasses,
or emerging technology.
(b)
An LEA may establish policies that:
(i)
extend restrictions on student use of cellphones, smart watches, or emerging
technologies to non-classroom hours during the school day, including:
(A)
lunch periods;
(B)
transition times between classes; and
(C)
other school-supervised activities; and
(ii)
impose additional limitations on the use of cellphones, smart watches, or
emerging technologies beyond those required by this section.
(3)
Except as provided in Subsection
(2)
, a student may not use a cellphone, smart watch,
AI glasses,
or emerging technology at a school during classroom hours.
(4)
The state board may create one or more model policies regarding when a student may
use a student's cellphone, smart watch,
AI glasses,
or emerging technology in a school
during classroom hours consistent with this section.
Section 8. Section
53G-8-101
is amended to read:
53G-8-101
Effective
05/06/26
. General provisions.
This chapter is known as "Discipline and Safety."
Reserved.
Section 9. Section
53G-8-102
is amended to read:
53G-8-102
Effective
05/06/26
. Definitions for chapter.
As used in this chapter:
(1)
"Climate" means the perceptions and experiences of students, staff, parents, and the
community regarding the school's environment and the resources that support the
experiences.
(2)
"Culture" means the beliefs, values, and practices that shape how a school functions and
influences student learning and well-being through policies, procedures, and safety
protocols.
(3)
"Forcible felony" means the same as that term is defined in Section
76-2-402
.
(4)
"K-12 School Campus" means an LEA governed property or building where K-12
students gather daily for instructional purposes and has an assigned administrator.
(5)
"Physical Space" means the way in which a building is designed and structured to
promote safety including the minimum safety and security standards as described in
Section
53-22-102
.
(6)
"School safety" means the physical space, culture, and climate of a school.
(7)
"School safety personnel" means the personnel described in Section
53G-8-701.5
.
Section 10. Section
53G-8-301
is amended to read:
53G-8-301
Effective
05/06/26
. Emergency safety interventions -- Appropriate
uses -- Penalties.
(1)
As used in this section:
(a)
"Corporal punishment" means the intentional infliction of physical pain upon the
body of a student as a disciplinary measure.
(b)
"Emergency safety intervention" means the use of seclusion or physical restraint
when a student presents an immediate danger to self or others.
(c)
"Physical escort" means a temporary touching or holding of the hand, wrist, arm,
shoulder, or back for the purpose of guiding a student to another location.
(d)
"Physical restraint" means a personal restriction that immobilizes or significantly
reduces the ability of a student to move the student's arms, legs, body, or head freely.
(e)
"School" means a public or private elementary school, secondary school, or
preschool.
(f)
"Seclusion" means seclusionary time out that is the involuntary confinement of a
student alone in a room or area from which the student is physically prevented from
leaving, including:
(i)
placing a student in a locked room; or
(ii)
placing a student in a room where the door is blocked by furniture or held closed
by staff.
(g)
"Student" means an individual who is:
(i)
under
the age of 19
19 years old
and receiving educational services; or
(ii)
under
the age of 23
23 years old
and receiving educational services as an
individual with a disability.
(2)
(a)
A school employee shall first use the least restrictive intervention available to the
school employee, including a physical escort, to address circumstances described in
Subsection
(4)
.
(b)
Nothing in this section prohibits a school employee from subsequently using less
restrictive interventions to address circumstances described in Subsection
(4)
.
(3)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the state board shall make rules to:
(i)
establish guidelines and best practices that consider individual student needs
related to emergency safety interventions described in Subsection
(10)(b)
;
(ii)
establish intervention reporting requirements;
(iii)
create school staff training standards that may be included in an existing training;
(iv)
develop parental notification procedures;
(v)
implement data collection and review processes;
(vi)
establish investigation protocols;
(vii)
establish data collection and reporting requirements for an LEA regarding:
(A)
incidents of seclusion;
(B)
alternative interventions used;
(C)
student demographic information, including sex,
gender,
age, grade in
school, and applicable disability status; and
(D)
incident outcomes.
(b)
The state board shall include the information described in Subsection
(3)(a)
in the
State Superintendent's Annual Report described in Section
53E-1-203
.
(4)
A school employee may use reasonable and necessary physical restraint only:
(a)
in self defense;
(b)
to obtain possession of a weapon or other dangerous object in the possession or
under the control of a student;
(c)
to protect a student or another individual from physical injury;
(d)
to remove from a situation a student who is violent; or
(e)
to protect property from being damaged, when physical safety is at risk.
(5)
(a)
A school employee may not inflict or cause the infliction of corporal punishment
upon a student.
(b)
The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child
Abuse and Neglect Reports, apply to complaints on corporal punishment.
(c)
Evidence of corporal punishment that would qualify as reasonable discipline under
Section
76-2-401
is insufficient to establish liability in a civil or criminal action.
(d)
Subject to the Rules of Evidence, evidence of corporal punishment that exceeds
reasonable discipline under Section
76-2-401
may be used by a court to establish
civil or criminal liability.
(6)
School authorities shall take prompt and appropriate action, including in-service
training and other administrative action, upon confirming a violation of this section.
(7)
The Division of Child and Family Services shall maintain all violation reports made in
accordance with this section under the confidentiality requirements of Section
80-2-1005
.
(8)
A school or individual who makes a good faith report or cooperates in an investigation
shall receive immunity from civil or criminal liability.
(9)
A court with jurisdiction under Title 78A, Judiciary and Judicial Administration
,
may
take appropriate action against any employing entity if the court finds that the
employing entity has not taken reasonable steps to enforce the provisions of this part.
(10)
A school:
(a)
may not:
(i)
enforce any rule, policy, or directive that permits acts prohibited by this section;
(ii)
sanction an employee who refuses to commit a prohibited act; or
(iii)
except as provided in Subsection
(10)(b)
, use seclusion:
(A)
as an intervention or disciplinary practice;
(B)
for coercion, retaliation, or humiliation; or
(C)
due to inadequate staffing or for the staff member's convenience;
(b)
for a student in grade 1 or higher, may use seclusion as an emergency safety
intervention only when:
(i)
the LEA has developed and implemented written policies and procedures that:
(A)
describe the circumstances under which a staff member may use seclusion;
(B)
describe which staff members are authorized to use seclusion;
(C)
describe procedures for monitoring a student that is in seclusion;
(D)
describe time limitations on the use of seclusion;
(E)
require immediate and continuous review of the decision to use seclusion;
(F)
require documenting the use of seclusion;
(G)
describe record keeping requirements for records related to the use of
seclusion; and
(H)
require debriefing of all witnesses, involved staff members, the student who
was secluded, and the parent of the student who was secluded;
(ii)
a student poses an immediate and significant threat to the student or others;
(iii)
less restrictive interventions have failed;
(iv)
a staff member who is familiar to the student is actively supervising the student
for the duration of the seclusion; and
(v)
the use is time-limited to a maximum time of 30 minutes and monitored;
(c)
if seclusion was used, shall document the reason for its use, duration, and any
alternative strategies attempted; and
(d)
shall notify parents immediately, and not to exceed 15 minutes after the use, of any
emergency safety intervention used on the parent's child, including seclusion or
physical restraint.
(11)
An LEA shall collect and report data to the state board annually regarding:
(a)
an incident; and
(b)
for each incident, the:
(i)
duration of an intervention used to respond to the incident;
(ii)
stated purpose for any intervention used;
(iii)
alternative interventions attempted;
(iv)
student demographic information, including sex,
gender,
age, grade in school,
and applicable disability status; and
(v)
relevant training offered to staff and if the staff involved received the relevant
training without revealing the identity of the staff member.
(12)
This section does not apply to:
(a)
a law enforcement officer as defined in Section
53-13-103
;
(b)
a parochial or private school that:
(i)
does not receive state funds;
(ii)
adopts a policy of exemption from this section; and
(iii)
notifies the parents of students in the school of the exemption; or
(c)
behavior support intervention which is in compliance with:
(i)
Section
76-2-401
; and
(ii)
state and local rules adopted under Section
53E-7-204
.
(13)
Any violations of this section, including violations of any standards for seclusion or
physical restraint established by the state board pursuant to this section, shall:
(a)
constitute an act of unlawful detention and is subject to the penalty described in
Section
76-5-304
; and
(b)
result in a referral to:
(i)
local law enforcement; and
(ii)
the Utah Professional Practices Advisory Commission established in Section
53E-6-501
.
Section 11. Section
53G-8-701
is amended to read:
53G-8-701
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Armed school security guard" means the same as that term is defined in Section
53G-8-704
.
(2)
"County security chief" means the same as that term is defined in Section
53-22-101
.
(3)
"Law enforcement agency" means the same as that term is defined in Section
53-1-102
.
(4)
"Public school" means the same as that term is defined in Section
53G-9-205.1
.
(5)
"School guardian" means the same as that term is defined in Section
53-22-106
53-22-105
.
(6)
"School is in session" means the same as that term is defined in Section
53E-3-516
.
(7)
"School resource officer" means a law enforcement officer, as defined in Section
53-13-103
, who contracts with or whose law enforcement agency contracts with an LEA
to provide law enforcement services for the LEA.
(8)
"School safety and security director" means an individual whom an LEA designates in
accordance with Section
53G-8-701.8
.
(9)
"School safety and security specialist" means a school employee designated under
Section
53G-8-701.6
who is responsible for supporting school safety initiatives.
(10)
"School Safety Center" means the same as that term is defined in Section
53G-8-801
.
(11)
"State security chief" means the same as that term is defined in Section
53-22-101
.
Section 12. Section
53G-8-701.5
is amended to read:
53G-8-701.5
Effective
05/06/26
. School safety needs assessment -- School safety
personnel -- Alternative requirements.
(1)
(a)
In accordance with Subsections
(1)(c)
through
(e)
, no later than October 15 of an
applicable year, an LEA shall:
(i)
ensure a school safety needs assessment the state security chief selects in
collaboration with the school safety center is conducted in accordance with
Subsection
(1)(b)
for each school or K-12 campus within the LEA to determine
the needs and deficiencies regarding:
(A)
appropriate school safety personnel, including necessary supports, training,
and policy creation for the personnel;
(B)
physical building security and safety, including required upgrades to facilities
and safety technology;
(C)
a school's current threat and emergency response protocols, including any
emergency response agreements with local law enforcement;
(D)
if applicable, a school's current visitor management protocols, including
alignment with recommended best practices as described in Section
53G-8-806
;
(D)
(E)
cardiac emergency preparedness, including an inventory of whether
automated external defibrillators are present and accessible, maintenance
status, and current staff training offerings; and
(E)
(F)
compliance with universal access key box requirements under Section
53G-8-805
; and
(ii)
report the results of the school safety needs assessment for each school within the
LEA to the state security chief and the School Safety Center.
(b)
(i)
The school safety specialist described in Section
53G-8-701.6
, in collaboration
with the county security chief, and with the local law enforcement of relevant
jurisdiction over the school as described in Section
53-25-701
, shall conduct the
school safety needs assessment for each school.
(ii)
A school safety and security director may fulfill the role of a school safety and
security specialist in conducting the school safety needs assessment.
(c)
The school safety needs assessment required under Subsection
(1)(a)(i)
shall be
conducted at least once every three years for each school or K-12 campus.
(d)
An LEA may implement a rotating or staggered schedule for conducting school
safety needs assessments among the buildings within the LEA, provided that:
(i)
each school within a K-12 campus is assessed at least once every three years; and
(ii)
the LEA documents the rotating or staggered assessment schedule and shares this
schedule with the state security chief, the School Safety Center, the county
security chief, and the local law enforcement of relevant jurisdiction as described
in Section
53-25-701
.
(e)
The LEA shall update the assessment schedule as necessary to ensure compliance
with the three-year assessment requirement under Subsection
(1)(c)
.
(f)
The state board shall use the results of the school safety needs assessment for each
school within an LEA to award a grant to an LEA in accordance with Section
53F-5-220
.
(g)
Any information or record detailing a school's needs assessment results is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
the School Safety Center;
(C)
members of an LEA governing board;
(D)
administrators of the LEA and school the needs assessment concerns;
(E)
only to the extent necessary to award a grant under Section
53F-5-220
, the
state board;
(F)
the applicable school safety personnel described in Subsection
(2)
;
(G)
a local law enforcement agency that would respond to the school in case of an
emergency; and
(H)
the county security chief.
(h)
An individual who intentionally or knowingly provides the information described in
Subsection
(1)(g)
to an individual or entity not listed in Subsection
(1)(g)(ii)
is guilty
of a class B misdemeanor.
(2)
(a)
An LEA shall ensure each school within the LEA has the following school safety
personnel:
(i)
a school safety and security specialist described in Section
53G-8-701.6
; and
(ii)
based on the results of the needs assessment described in Subsection
(1)
, at least
one of the following:
(A)
a school resource officer;
(B)
a school guardian; or
(C)
an armed school security guard.
(b)
In addition to the school safety personnel described in Subsection
(2)(a)
, an LEA
shall designate a school safety and security director described in Section
53G-8-701.8
.
(c)
The same individual may serve in more than one of the roles listed in Subsections
(2)(a)
and
(b)
if the school notifies the School Safety Center and the state security
chief of the decision to have the same individual serve in multiple roles as described
in this Subsection
(2)
.
(d)
An LEA that designates a school guardian under Subsection
(2)(a)(ii)(B)
shall ensure
that:
(i)
the school guardian carries the firearm on the guardian's person during assigned
duty hours as required in Section
53-22-105
; and
(ii)
the LEA does not adopt policies that require or encourage school guardians to
store firearms in a manner that prevents immediate access during school hours.
(d)
(e)
An LEA may implement the requirements of Subsection
(2)(a)(ii)
before the
LEA has completed the school safety needs assessment described in Subsection
(1)
.
(e)
(f)
The state security chief in consultation with the School Safety Center shall
establish a timeline for an LEA to comply with the school safety personnel
requirements of this Subsection
(2)
.
(3)
(a)
An LEA, school administrator, or private school may apply to the state security
chief for an approved alternative to the requirements described in:
(i)
Section
53-22-105
;
(ii)
this section;
(iii)
Section
53G-8-701.6
;
(iv)
Section
53G-8-701.8
; and
(v)
Section
53G-8-704
.
(b)
In approving or denying an application described in Subsection
(3)(a)
, the state
security chief may consider factors that impact a school or LEA's ability to adhere to
the requirements of this section, including the school or LEA's:
(i)
population size;
(ii)
staffing needs or capacity;
(iii)
geographic location;
(iv)
available funding; or
(v)
general demonstration of need for an alternative to the requirements of this
section.
(4)
A private school shall identify an individual at the private school to serve as the safety
liaison with the local law enforcement of relevant jurisdiction and the state security chief.
(5)
(a)
Notwithstanding Subsections
(5)(b)
and
(c)
, an LEA may:
(i)
pay guardian stipends using local funds when state funding is exhausted; or
(ii)
supplement state funding with local funds.
(b)
In accordance with Subsection
(5)(c)
, the state board shall be responsible for
administering guardian stipend funding in coordination with the state security chief.
(c)
(i)
The state security chief shall:
(A)
verify that a school guardian has met all requirements to be eligible for a
stipend; and
(B)
certify each eligible school guardian to the state board through completion of
required training and active status in the program.
(ii)
Upon certification by the state security chief, and subject to legislative
appropriations, the state board shall provide each eligible school guardian with a
one-time stipend.
(iii)
The state board shall determine the amount of the stipend for each fiscal year
based on:
(A)
the amount appropriated by the Legislature for school guardian stipends;
(B)
the projected number of school guardians statewide based on historical data
and current program enrollment trends;
(C)
a reserve allocation of up to 10% of the total appropriation to account for
school guardians who join the program after the beginning of the school year;
and
(D)
any other factors the state board determines necessary to ensure equal
distribution of the funds.
(iv)
All school guardians certified as eligible during the same fiscal year shall receive
the same stipend amount, regardless of:
(A)
when during the fiscal year the school guardian completed training and
became eligible; or
(B)
the size, location, or type of school where the guardian serves.
(v)
The state board shall:
(A)
announce the stipend amount for each fiscal year no later than August 1, or
within 30 days of legislative appropriations if appropriated after July 1;
(B)
distribute stipends within 60 days of certification by the state security chief;
(C)
maintain a reserve for school guardians who become eligible later in the fiscal
year;
(D)
if funds remain unallocated at the end of the fiscal year due to fewer school
guardians than projected, carry forward the remaining funds to supplement the
next fiscal year's stipend amount; and
(E)
if eligible school guardians exceed projections and available funding, pro-rate
the stipend amount equally among all eligible school guardians for that fiscal
year and report the shortfall to the Legislature.
(vi)
A school guardian is eligible to receive only one stipend regardless of:
(A)
serving at multiple schools; or
(B)
leaving and rejoining the program within the same fiscal year.
(vii)
If a school guardian leaves the program for any reason after receiving a stipend,
the school guardian is not required to return the stipend unless the state security
chief determines the school guardian:
(A)
obtained the stipend through fraud or misrepresentation; or
(B)
failed to actually meet the eligibility requirements under Section
53-22-105
.
Section 13. Section
53G-8-701.6
is amended to read:
53G-8-701.6
Effective
05/06/26
. School safety and security specialist.
(1)
As used in this section
,
:

(a)
"principal"
"Principal"
means the chief administrator at a public school, including:
(a)
(i)
a school principal;
(b)
(ii)
a charter school director; or
(c)
(iii)
the superintendent of the Utah Schools for the Deaf and the Blind.
(b)
"Teacher" means an individual employed by a local education agency who has an
assignment to teach in a classroom.
(2)
(a)
Subject to Subsection
(2)(b)
and except as provided in Subsection
53G-8-701.5(3)
,
every campus within an LEA shall designate a school safety and security specialist
from the employees of the relevant campus.
(b)
The school safety and security specialist:
(i)
may not be a principal
or a teacher
; and
(ii)
may be the school safety and security director at one campus within the LEA.
(3)
The school safety and security specialist shall:
(a)
report directly to the principal;
(b)
oversee school safety and security practices to ensure a safe and secure school
environment for students and staff;
(c)
ensure adherence with all policies, procedures, protocols, rules, and regulations
relating to school safety and security through collaborating and maintaining effective
communications with the following as applicable:
(i)
the principal;
(ii)
school staff;
(iii)
the school resource officer;
(iv)
the armed school security guard;
(v)
the school guardian;
(vi)
local law enforcement;
(vii)
the county security chief;
(viii)
the school safety and security director;
(ix)
the LEA; and
(x)
school-based behavioral and mental health professionals;
(d)
in collaboration with the county security chief and with the local law enforcement of
relevant jurisdiction over the school as described in Section
53-25-701
:
(i)
conduct the school safety needs assessment described in Section
53G-8-701.5
;
(ii)
in accordance with Sections
53-25-701
and
53G-8-701.5
, submit the completed
assessments to the School Safety Center created in Section
53G-8-802
by October
15 of each year; and
(iii)
review the results of the school safety needs assessment to recommend and
implement improvements to school facilities, policies, procedures, protocols,
rules, and regulations relating to school safety and security;
(e)
participate on the multidisciplinary team that the school establishes;
(f)
conduct a behavioral threat assessment when the school safety and security specialist
deems necessary using an evidence-based tool the state security chief recommends in
consultation with the
school safety center
School Safety Center
and the Office of
Substance Use and Mental Health;
(g)
regularly monitor and report to the principal, local law enforcement, and, if
applicable, the LEA superintendent or designee, security risks for the school resulting
from:
(i)
issues with school facilities; or
(ii)
the implementation of practices, policies, procedures, and protocols relating to
school safety and security;
(h)
coordinate with local first responder agencies to implement and monitor safety and
security drills in accordance with policy and applicable procedures and protocols;
(i)
ensure that school staff, and, when appropriate, students, receive training on and
remain current on the school's safety and security procedures and protocols;
(j)
following an event where security of the school has been significantly compromised,
organize a debriefing with the individuals listed in Subsection
(3)(c)
following the
recommendations from the state security chief, in collaboration with the School
Safety Center, regarding strengthening school safety and security practices, policies,
procedures, and protocols;
(k)
abide by any LEA, school, or law enforcement agency policy outlining the chain of
command;
(l)
during an emergency, coordinate with the following individuals as applicable, the:
(i)
school resource officer;
(ii)
school guardians;
(iii)
armed school security guards;
(iv)
school administrators; and
(v)
responding law enforcement officers;
(m)
follow any LEA, school, or law enforcement agency student privacy policies,
including state and federal privacy laws;
(n)
participate in an annual training the state security chief selects in consultation with
the School Safety Center; and
(o)
remain current on:
(i)
a comprehensive school guideline the state security chief selects;
(ii)
the duties of a school safety and security specialist described in this Subsection
(3)
;
and
(iii)
the school's emergency response plan.
(4)
During an active emergency at the school, the school safety and security specialist is
subordinate to any responding law enforcement officers.
Section 14. Section
53G-8-704
is amended to read:
53G-8-704
Effective
05/06/26
. Contracts between an LEA and a contract
security company for armed school security guards.
(1)
As used in this section:
(a)
"Armed private security officer" means the same as that term is defined in Section
58-63-102
.
(b)
"Armed school security guard" means
:

(i)
an armed private security officer who:
(i)
(A)
is licensed as an armed private security officer under Title 58, Chapter 63,
Security Personnel Licensing Act; and
(ii)
(B)
has met the requirements described in Subsection
(4)(a)
.
; or
(ii)
a special function officer.
(c)
"Contract security company" means
:

(i)
for an armed private security officer,
the same as that term is defined in Section
58-63-102
.
; and
(ii)
for a special function officer, the special function officer's employing law
enforcement agency.
(d)
"Deadly force" means the same as that term is defined in Section
76-2-408
.
(e)
"Special function officer" means the same as that term is defined in Section
53-13-105
.
(d)
(f)
"State security chief" means the same as that term is defined in Section
53-22-102
.
(2)
(a)
An LEA may use an armed school security guard to satisfy the school safety
personnel requirements of Section
53G-8-701.5
.
(b)
An LEA that uses an armed school security guard under Subsection
(2)(a)
shall
have
a
contract with a contract security company
or if a special function officer is used as
an armed school security guard, a contract with the law enforcement agency
employing the special function officer, in accordance with Section
53G-8-703
,
to
provide armed school security guards at each school within the LEA.
(3)
The contract described in Subsection
(2)(b)
shall include a detailed description of:
(a)
the rights of a student under state and federal law with regard to:
(i)
searches;
(ii)
questioning;
(iii)
arrests; and
(iv)
information privacy;
(b)
job assignment and duties of an armed school security guard, including:
(i)
the school to which an armed school security guard will be assigned;
(ii)
the hours an armed school security guard is present at the school;
(iii)
the point of contact at the school that an armed school security guard will contact
in case of an emergency;
(iv)
specific responsibilities for providing and receiving information;
(v)
types of records to be kept, and by whom; and
(vi)
training requirements; and
(c)
other expectations of the contract security company in relation to school security at
the LEA.
(4)
(a)
In addition to the requirements for licensure under Title 58, Chapter 63, Security
Personnel Licensing Act, an armed private security officer may only serve as an
armed school security guard under a contract described in Subsection
(2)(b)
if the
armed private security officer:
(i)
has a valid concealed carry permit issued under Title 53, Chapter 5a, Part 3,
Concealed Firearm Permits;
(ii)
has undergone training from a county security chief or local law enforcement
agency regarding:
(A)
the safe loading, unloading, storage, and carrying of firearms in a school
setting;
(B)
the role of armed security guards in a school setting; and
(C)
coordination with law enforcement and school officials during an active threat;
(iii)
completes an initial "fit to carry" assessment the Department of Health and
Human Services approves and a provider administers; and
(iv)
maintains compliance with mental health screening requirements consistent with
law enforcement standards.
(b)
An armed school security guard that meets the requirements of Subsection
(4)(a)

shall, in order to remain eligible to be assigned as an armed school security guard at
any school under a contract described in Subsection
(2)(b)
, participate in and satisfy
the training requirements of the initial, annual, and biannual trainings as defined in
Section
53-22-105
.
(5)
An armed school security guard may conceal or openly carry a firearm at the school at
which the armed school security guard is employed under the contract described in
Subsection
(2)(b)
.
(6)
An LEA that enters a contract under this section shall inform the state security chief and
the relevant county security chief of the contract and provide the contact information of
the contract security company employing the armed security guard for use during an
emergency.
(7)
The state security chief shall:
(a)
for each LEA that contracts with a contract security company under this section,
track each contract security company providing armed school security guards by
name and the contact information for use in case of an emergency; and
(b)
make the information described in Subsection
(7)(a)
readily available to each law
enforcement agency in the state by school.
(8)
An armed school security guard shall file a report described in Subsection
(9)
if, during
the performance of the armed school security guard's duties, the armed school security
guard:
(a)
points a firearm at an individual; or
(b)
aims a conductive energy device at an individual and displays the electrical current.
(9)
(a)
A report described in Subsection
(8)
shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
An armed school security guard shall submit a report required under Subsection
(8)

to the school administrator, school safety and security director, and the state security
chief within 48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security
chief shall consult and review the report submitted under Subsection
(9)(b)
.
(10)
If an armed school security guard uses deadly force, the armed school security guard:
(a)
shall be placed on administrative leave pending investigation;
(b)
may not be required to provide a written report described in Subsections
(8)
and
(9)
;
(c)
(i)
may not be required to participate in a voluntary interview; and
(ii)
if the armed school security guard chooses to participate in an interview, the
interview may not be sooner than two sleep cycles after the incident; and
(d)
(i)
shall be subject to investigation by the law enforcement agency with primary
jurisdiction over the school's location; and
(ii)
if the involved party is a special function officer employed by a law enforcement
agency, shall follow the same protocol established for officer-involved shootings
under Section
76-2-408
.
Section 15. Section
53G-8-802
is amended to read:
8. State Safety and Support Program -- Security Infrastructure
53G-8-802
Effective
05/06/26
. State Safety and Support Program -- State board
duties -- LEA duties.
(1)
There is created the School Safety Center.
(2)
The School Safety Center shall:
(a)
develop in conjunction with the Office of Substance Use and Mental Health and the
state security chief model student safety and support policies for an LEA, including:
(i)
requiring an evidence-based behavior threat assessment that includes
recommended interventions with an individual whose behavior poses a threat to
school safety;
(ii)
procedures for referrals to law enforcement; and
(iii)
procedures for referrals to a community services entity, a family support
organization, or a health care provider for evaluation or treatment;
(b)
provide training in consultation with the state security chief:
(i)
in school safety;
(ii)
in evidence-based approaches to improve school climate and address and correct
bullying behavior;
(iii)
in evidence-based approaches in identifying an individual who may pose a threat
to the school community;
(iv)
in evidence-based approaches in identifying an individual who may be showing
signs or symptoms of mental illness;
(v)
on permitted disclosures of student data to law enforcement and other support
services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1232g;
(vi)
on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
53E-9-203
and
53E-9-305
; and
(vii)
for administrators on rights and prohibited acts under:
(A)
Chapter 9, Part 6, Bullying and Hazing;
(B)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
(C)
Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
(D)
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
(E)
the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
(c)
conduct and disseminate evidence-based research on school safety concerns;
(d)
disseminate information on effective school safety initiatives;
(e)
encourage partnerships between public and private sectors to promote school safety;
(f)
provide technical assistance to an LEA in the development and implementation of
school safety initiatives;
(g)
in conjunction with the state security chief, make available to an LEA the model
critical incident response training program a school and law enforcement agency
shall use during a threat;
(h)
provide space for the public safety liaison described in Section
53-1-106
and the
school-based mental health specialist described in Section
26B-5-102
;
(i)
collaborate with the state security chief to determine appropriate application of school
safety requirements in Utah Code to an online school;
(j)
create a model school climate survey that may be used by an LEA to assess
stakeholder perception of a school environment;
(k)
in accordance with Section
53G-5-202
, establish a charter school liaison including
defined responsibilities for charter school communication and coordination with the
School Safety Center;
and
(l)
assist a foundation described in Section
53-22-108
in distributing school safety
products if a foundation seeks assistance;
(m)
establishes defined roles for a multidisciplinary team and school safety personnel
described in Chapter 8, Part 7, School Safety Personnel;
(n)
assist LEAs in implementing and maintaining universal access key box requirements
under Section
53G-8-805
;
(o)
in consultation with the state security chief, select a system to track relevant data,
including the tracking required in Sections
53-22-105
,
53G-8-701.5
,
53G-8-701.8
,
and
53G-8-704
; and
(p)
collect aggregate data and school climate survey results from an LEA that
administers the model school climate survey described in Subsection
(2)(j)
.
(3)
Nothing in this section requires:
(a)
an individual to respond to a school climate survey; or
(b)
an LEA to use the model school climate survey or any specified questions in the
model school climate survey described in Subsection
(2)(j)
.
(4)
The state board shall require an LEA to:
(a)
(i)
if an LEA administers a school climate survey, review school climate data for
each school within the LEA; and
(ii)
based on the review described in Subsection
(4)(a)(i)
:
(A)
revise practices, policies, and training to eliminate harassment and
discrimination in each school within the LEA;
(B)
adopt a plan for harassment- and discrimination-free learning; and
(C)
host outreach events or assemblies to inform students and parents of the plan
adopted under Subsection
(4)(a)(ii)(B)
;
(b)
no later than September 1 of each school year, send a notice to each student, parent,
and LEA staff member stating the LEA's commitment to maintaining a school
climate that is free of harassment and discrimination; and
(c)
report to the state board annually on the LEA's implementation of the plan under
Subsection
(4)(a)(ii)(B)
and progress.
Section 16. Section
53G-8-805
is amended to read:
53G-8-805
Effective
05/06/26
. Panic alert device -- Security cameras -- Key box.
(1)
As used in this section:
(a)
"Universal access key box" means a UL Standard 1037 compliant secure container
designed to store and protect emergency access keys and devices.
(b)
"Emergency responder" means law enforcement, fire service, or emergency medical
personnel authorized by local authorities to respond to school emergencies.
(2)
In accordance with the results of the school safety needs assessment described in
Section
53G-8-701.5
, an LEA shall provide the
lead teacher in each classroom
following
with a wearable panic alert device that shall communicate directly with public
safety answering points
.
:
(a)
the lead teacher in each classroom; and
(b)
beginning July 1, 2027, the appropriate school safety personnel described in
Subsection
53G-8-701.5(2)
.
(3)
An LEA shall ensure, before the school year begins, all school building personnel
receive training on the protocol and appropriate use of the panic alert device described in
Subsection
(2)
.
(4)
An LEA shall:
(a)
ensure all security cameras within a school building are accessible by:
(i)
a local law enforcement agency; and
(ii)
public safety answering points;
(b)
coordinate with a local law enforcement agency to establish appropriate access
protocols; and
(c)
physically mark all hallways and doorways consistent with the incident response
method or system the state security chief creates.
(5)
A school building shall include universal access key boxes that:
(a)
are installed at main entry points;
(b)
contain master keys and access devices providing complete access to all areas of the
school;
(c)
are accessible only to authorized emergency responders;
(d)
are electronically monitored for tampering; and
(e)
are weather-resistant and vandal-resistant.
(6)
An LEA shall:
(a)
maintain universal access key boxes by:
(i)
conducting quarterly inspections;
(ii)
updating contents within 24 hours of any lock or access control changes;
(iii)
maintaining current key and access device inventories;
(iv)
documenting all inspections and updates; and
(v)
immediately replacing any damaged or malfunctioning boxes;
(b)
coordinate with local emergency responders to:
(i)
determine optimal box placement;
(ii)
establish access protocols;
(iii)
maintain current emergency contact information; and
(iv)
conduct annual reviews of box usage and effectiveness;
and
(c)
include universal access key box locations and protocols in:
(i)
school emergency response plans;
(ii)
building schematic diagrams provided to emergency responders; and
(iii)
school safety and security training materials.
(7)
The state board shall:
(a)
establish standards for:
(i)
box installation and placement;
(ii)
access control and monitoring;
(iii)
maintenance schedules; and
(iv)
compliance verification;
(b)
in direct coordination with the state security chief, ensure new construction or major
remodeling of a school building shall include the installation of automated external
defibrillators in appropriate locations as the state board determines; and
(c)
provide technical assistance to LEAs implementing this section.
(8)
Nothing in this section:
(a)
affects requirements for fire department key boxes under applicable building or fire
codes; or
(b)
restricts additional security measures implemented by LEAs that exceed these
requirements.
(9)
This section is not subject to the restrictions in Section
41-6a-2003
.
Section 17. Section
53G-8-806
is enacted to read:
53G-8-806
Effective
05/06/26
. School visitor management protocols --
Requirements -- LEA responsibilities.
(1)
As used in this section:
(a)
"Controlled access point" means a designated entry point to a school building that:
(i)
school personnel or electronic surveillance monitors during school hours; and
(ii)
requires visitors to follow check-in procedures before accessing the school
building interior.
(b)
"School hours" means the period during which students are present in the school
building for instructional purposes.
(c)
"Visitor" means any individual who is not a current student or employee of the
school, including:
(i)
parents;
(ii)
contractors and service providers;
(iii)
volunteers; and
(iv)
guests.
(d)
"Visitor management system" means a process or technology an LEA uses to track,
monitor, and manage visitors entering school facilities.
(2)
An LEA that establishes visitor management protocols shall ensure the protocols
include:
(a)
designated controlled access points that require all visitors to:
(i)
enter the school building through a main entrance or other designated entry point
during school hours;
(ii)
report immediately to a central office or reception area before accessing other
areas of the school building; and
(iii)
present valid government-issued identification or other acceptable identification
the LEA determines in LEA policy;
(b)
a visitor sign-in and sign-out process that records at minimum:
(i)
the visitor's name;
(ii)
the date and time of entry and exit;
(iii)
the purpose of the visit; and
(iv)
the specific location or individual the visitor intends to visit;
(c)
procedures for:
(i)
issuing visible identification, including a visitor badge or pass, that visitors must
display prominently while on school grounds; and
(ii)
distinguishing between different types of visitors, such as parents, volunteers,
contractors, and other guests;
(d)
protocols for monitoring and supervising visitors while on school grounds, including:
(i)
requiring school personnel to accompany visitors when visitors access areas where
students are present, except as LEA policy otherwise provides for parents or
authorized volunteers;
(ii)
prohibiting visitor access to restricted areas; and
(iii)
procedures school personnel shall follow to challenge or question any individual
without visible identification;
(e)
procedures for responding to visitors who:
(i)
refuse to comply with visitor management protocols;
(ii)
pose a potential threat to school safety; or
(iii)
the LEA denies entry to the school;
(f)
clear signage at all school building entrances that:
(i)
directs visitors to the designated controlled access point;
(ii)
notifies visitors of the requirement to check in and obtain authorization before
entering; and
(iii)
states that the LEA prohibits unauthorized entry and that unauthorized entry may
result in criminal prosecution under Section
76-6-206
; and
(g)
annual training for school personnel on:
(i)
implementing and enforcing visitor management protocols;
(ii)
identifying and responding to unauthorized individuals on school grounds; and
(iii)
communication procedures with the school safety and security specialist
described in Section
53G-8-701.6
or school safety and security director described
in Section
53G-8-701.8
.
(3)
(a)
An LEA may implement an electronic visitor management system that includes
capabilities such as:
(i)
automated identification verification;
(ii)
integration with sex offender registry databases;
(iii)
digital badge printing;
(iv)
automated visitor tracking and reporting; and
(v)
emergency notification capabilities.
(b)
If an LEA implements an electronic visitor management system, the LEA shall
ensure that:
(i)
the LEA maintains visitor data in accordance with Title 63G, Chapter 2,
Government Records Access and Management Act;
(ii)
the LEA protects personally identifiable information and uses such information
solely for school safety purposes; and
(iii)
the LEA notifies visitors of data collection practices in accordance with
applicable privacy laws.
(4)
(a)
An LEA may establish reasonable exceptions to the visitor management
requirements described in Subsection
(2)
for:
(i)
emergency situations requiring immediate access to the school building;
(ii)
law enforcement officers, firefighters, or emergency medical personnel
responding to an emergency;
(iii)
volunteers or employees of an educational foundation who have successfully
completed a background check and ongoing monitoring as required in Section
53G-11-402
;
(iv)
brief visits to exterior areas of the school campus that do not require entry into
school buildings;
(v)
school-sponsored events held during regular school hours with larger than normal
numbers of visitors on the school campus;
(vi)
school-sponsored public events held outside of regular school hours.
(b)
An LEA shall provide reasonable accommodations in visitor management
procedures for individuals with disabilities in compliance with the Americans with
Disabilities Act, 42 U.S.C. Sec. 12101 et seq.
(5)
If applicable, the school safety needs assessment an LEA conducts under Subsection
53G-8-701.5(1)
shall include an evaluation of:
(a)
the adequacy of current visitor management protocols;
(b)
physical infrastructure supporting controlled access, including entry vestibules,
secure reception areas, and electronic access control systems; and
(c)
recommendations for improvements to visitor management protocols and
infrastructure.
(6)
(a)
An LEA that implements visitor management protocols shall include information
about the protocols in the school safety needs assessment conducted under Section
53G-8-701.5
.
(b)
The state security chief may:
(i)
evaluate visitor management protocols as part of the school safety needs
assessment described in Section
53G-8-701.5
;
(ii)
collect and maintain data on visitor management protocol implementation and
effectiveness; and
(iii)
develop recommended best practices for LEAs that choose to implement visitor
management protocols.
Section 18. Section
53G-8-901
is enacted to read:
9. LEA Cybersecurity Standards
53G-8-901
Effective
05/06/26
. General provisions -- Definitions.
As used in this part:
(1)
"Cyber Center" means the Utah Cyber Center created in Section
63A-16-1102
.
(2)
"Data breach" means the same as that term is defined in Section
63A-16-1101
.
(3)
"UETN" means the Utah Education and Telehealth Network created in Section
53H-4-213.4
.
Section 19. Section
53G-8-902
is enacted to read:
53G-8-902
Effective
05/06/26
. LEA compliance with cybersecurity standards --
Coordination.
(1)
An LEA shall comply with the minimum cybersecurity standards established by the
Cybersecurity Commission created in Section
63C-27-201
in rule made in accordance
with Subsection
63C-27-202(9)
.
(2)
An LEA shall comply with the minimum cybersecurity standards according to the
phased implementation timeline established in rule under Subsection
63C-27-202(9)
.
(3)
UETN, in consultation with the Cyber Center and the state board, shall:
(a)
develop implementation guidelines and technical resources to assist LEAs in
meeting the minimum cybersecurity standards;
(b)
provide technical assistance and support to LEAs; and
(c)
coordinate the provision of cybersecurity services and resources to LEAs.
(4)
(a)
The Cyber Center, the state board, and UETN shall coordinate services to LEAs
to:
(i)
avoid duplication of efforts;
(ii)
maximize the effectiveness of cybersecurity resources;
(iii)
ensure LEAs receive consistent guidance and support; and
(iv)
facilitate information sharing regarding cybersecurity threats and best practices.
(b)
The coordination required under Subsection
(4)(a)
shall include:
(i)
regular meetings among the entities to discuss LEA cybersecurity needs and
initiatives;
(ii)
joint development of training materials and resources;
(iii)
coordinated response to cybersecurity incidents affecting LEAs; and
(iv)
alignment of cybersecurity standards and network infrastructure requirements.
Section 20. Section
53G-8-903
is enacted to read:
53G-8-903
Effective
05/06/26
. Data breach reporting -- Coordination with
Utah Cyber Center.
(1)
An LEA shall report a data breach to the Cyber Center:
(a)
in accordance with Section
63A-19-405
; and
(b)
consistent with standards and procedures established in rule under Subsection
63C-27-202(9)
.
(2)
In addition to the requirements in Section
63A-19-405
, an LEA shall:
(a)
notify the state board within 24 hours of discovering the data breach;
(b)
coordinate with UETN if the data breach involves network infrastructure or services
provided by UETN; and
(c)
cooperate with the Cyber Center's investigation and response efforts.
(3)
The Cyber Center shall provide assistance to an LEA in responding to a data breach in
the same manner the Cyber Center provides assistance to a governmental entity as
described in Title 63A, Chapter 16, Part 11, Utah Cyber Center.
(4)
An LEA shall:
(a)
participate in cybersecurity information sharing initiatives coordinated by the Cyber
Center;
(b)
designate a primary point of contact for cybersecurity matters who shall interface
with the Cyber Center, the state board, and UETN; and
(c)
cooperate with statewide cybersecurity assessments and improvement initiatives.
(5)
(a)
A regional education service agency, as that term is defined in Section
53G-4-410
,
may serve as the designated primary cybersecurity contact for multiple LEAs within
the service area.
(b)
If a regional education service agency serves as the primary contact under Subsection
(5)(a)
, the agency shall:
(i)
coordinate with the Cyber Center, the state board, and UETN on behalf of the
participating LEAs;
(ii)
ensure each participating LEA meets the minimum cybersecurity standards
established under Subsection
63C-27-202(9)
; and
(iii)
maintain documentation of cybersecurity services provided to each LEA.
Section 21. Section
63C-27-201
is amended to read:
63C-27-201
Effective
05/06/26
Repealed
07/01/32
. Cybersecurity Commission
created.
(1)
There is created the Cybersecurity Commission.
(2)
The commission shall be composed of
24
the following
members:
(a)
one member the governor designates to serve as the governor's designee;
(b)
the commissioner of the Department of Public Safety;
(c)
the lieutenant governor, or an election officer, as that term is defined in Section
20A-1-102
, the lieutenant governor designates to serve as the lieutenant governor's
designee;
(d)
the chief information officer of the Division of Technology Services;
(e)
the chief information security officer, as described in Section
63A-16-210
;
(f)
the chairman of the Public Service Commission shall designate a representative with
professional experience in information technology or cybersecurity;
(g)
the executive director of the Utah Department of Transportation shall designate a
representative with professional experience in information technology or
cybersecurity;
(h)
the director of the Division of Finance shall designate a representative with
professional experience in information technology or cybersecurity;
(i)
the executive director of the Department of Health and Human Services shall
designate a representative with professional experience in information technology or
cybersecurity;
(j)
the director of the Division of Indian Affairs shall designate a representative with
professional experience in information technology or cybersecurity;
(k)
the Utah League of Cities and Towns shall designate a representative with
professional experience in information technology or cybersecurity;
(l)
the Utah Association of Counties shall designate a representative with professional
experience in information technology or cybersecurity;
(m)
the attorney general, or the attorney general's designee;
(n)
the commissioner of financial institutions, or the commissioner's designee;
(o)
the executive director of the Department of Environmental Quality shall designate a
representative with professional experience in information technology or
cybersecurity;
(p)
the executive director of the Department of Natural Resources shall designate a
representative with professional experience in information technology or
cybersecurity;
(q)
two local education agency employees tasked with job duties that include systems
and security management from one charter school and one school district whom the
state superintendent selects;
(q)
(r)
the highest ranking information technology official, or the official's designee,
from each of:
(i)
the Judicial Council;
(ii)
the Utah Board of Higher Education;
(iii)
the State Board of Education; and
(iv)
the State Tax Commission;
(r)
(s)
the governor shall appoint:
(i)
one representative from the Utah National Guard; and
(ii)
one representative from the Governor's Office of Economic Opportunity;
(s)
(t)
the president of the Senate shall appoint one member of the Senate; and
(t)
(u)
the speaker of the House of Representatives shall appoint one member of the
House of Representatives.
(3)
(a)
The governor's designee shall serve as cochair of the commission.
(b)
The commissioner of the Department of Public Safety shall serve as cochair of the
commission.
(4)
(a)
The members described in Subsection
(2)
shall represent urban, rural, and
suburban population areas.
(b)
No fewer than half of the members described in Subsection
(2)
shall have
professional experience in cybersecurity or in information technology.
(5)
In addition to the membership described in Subsection
(2)
, the commission shall seek
information and advice from state and private entities with expertise in critical
infrastructure.
(6)
As necessary to improve information and protect potential vulnerabilities, the
commission shall seek information and advice from federal entities including:
(a)
the Cybersecurity and Infrastructure Security Agency;
(b)
the Federal Energy Regulatory Commission;
(c)
the Federal Bureau of Investigation; and
(d)
the United States Department of Transportation.
(7)
(a)
Except as provided in Subsections
(7)(b)
and
(c)
, a member is appointed for a
term of four years.
(b)
A member shall serve until the member's successor is appointed and qualified.
(c)
Notwithstanding the requirements of Subsection
(7)(a)
, the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the
terms of commission members are staggered so that approximately half of the
commission members appointed under Subsection
(2)(r)
(2)
(s)
are appointed every
two years.
(8)
(a)
If a vacancy occurs in the membership of the commission, the member shall be
replaced in the same manner in which the original appointment was made.
(b)
An individual may be appointed to more than one term.
(c)
When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(9)
(a)
A majority of the members of the commission is a quorum.
(b)
The action of a majority of a quorum constitutes an action of the commission.
(10)
The commission shall meet at least two times a year.
Section 22. Section
63C-27-202
is amended to read:
63C-27-202
Effective
05/06/26
Repealed
07/01/32
. Commission duties.
The commission shall:
(1)
identify and inform the governor of:
(a)
cyber threats and vulnerabilities towards Utah's critical infrastructure;
(b)
cybersecurity assets and resources;
and
(c)
an analysis of:
(i)
current cyber incident response capabilities;
(ii)
potential cyber threats; and
(iii)
areas of significant concern with respect to:
(A)
vulnerability to cyber attack; or
(B)
seriousness of consequences in the event of a cyber attack;
(2)
provide resources with respect to cyber attacks in both the public and private sector,
including:
(a)
best practices;
(b)
education; and
(c)
mitigation;
(3)
promote cyber security awareness;
(4)
share information;
(5)
promote best practices to prevent and mitigate cyber attacks;
(6)
enhance cyber capabilities and response for all Utahns;
(7)
provide consistent outreach and collaboration with private and public sector
organizations;
and
(8)
share cyber threat intelligence to operators and overseers of Utah's critical infrastructure
.
; and
(9)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make
rules establishing minimum cybersecurity standards for a local education agency, as that
term is defined in Section
53G-3-402
, that:
(a)
align with industry recognized cybersecurity frameworks and standards, including
frameworks developed by the National Institute of Standards and Technology, the
Center for Internet Security, or a successor organization;
(b)
take into account varying local education agency resources, capacity, and needs;
(c)
establish phased implementation timelines based on local education agency size,
existing cybersecurity infrastructure, and available resources; and
(d)
as appropriate based on the local education agency's size, risk profile, and available
resources, shall address:
(i)
identity and access management;
(ii)
asset management and inventory of hardware, software, and data systems;
(iii)
data protection;
(iv)
security monitoring and logging capabilities;
(v)
vulnerability management, including regular security assessments and patching
procedures;
(vi)
incident response and recovery planning;
(vii)
security awareness training requirements for staff and administrators;
(viii)
third-party risk management for vendors with access to local education agency
systems or data;
(ix)
network security controls;
(x)
backup and disaster recovery procedures; and
(xi)
governance structures for cybersecurity oversight within a local education
agency.
Section 23.
Effective Date.
This bill takes effect on
May 6, 2026
.
Section 24.
Coordinating H.B. 44 with S.B. 69
If H.B. 44, School Security Personnel Standards, and S.B. 69, School Device Revisions,
both pass and become law, the Legislature intends that, on July 1, 2026, Subsection
53G-7-227(2) enacted in S.B. 69, be amended to read:
"(2) Except as provided in Subsection (3), a student may not use a cellphone, smart watch,
AI glasses, or emerging technology at a school during school hours.".
3-12-26 9:25 AM