School Response to Sexual Offense

3
53G-8-203
0
School Response to Sexual Offense
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ashlee Matthews
Senate Sponsor: Keith Grover
LONG TITLE
General Description:
This bill modifies conduct and discipline policy requirements for local education agencies.
Highlighted Provisions:
This bill:
clarifies when LEA policies apply to students who have committed serious offenses or
sexual crimes; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-8-203
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-8-203
is amended to read:
53G-8-203
. Conduct and discipline policies and procedures.
(1)
For purposes of this section:
(a)
"Adjudication" means:
(i)
the same as that term is defined in Section
80-1-102
; or
(ii)
for an adult student 18 years or older, a conviction as that term is defined in
Section
77-38-302
.
(b)
"Arrest" means:
(i)
temporary custody as that term is defined in Section
80-6-102
; or
(ii)
for an adult student 18 years or older, the same as that term is defined in Section
77-7-1
.
(c)
"Charge" means:
(i)
format referral as that term is defined in Section
80-6-102
: or
(ii)
for an adult student 18 years or older, the formal accusation of a public offense
detailed in a filing such as an indictment or an information or otherwise the
official initiation of a criminal action.
(1)
(2)
The conduct and discipline policies required under Section
53G-8-202
shall include:
(a)
provisions governing student conduct, safety, and welfare;
(b)
standards and procedures for dealing with students who cause disruption in the
classroom, on school grounds, on school vehicles, or in connection with
school-related activities or events;
(c)
procedures for the development of remedial discipline plans for students who cause a
disruption at any of the places referred to in Subsection
(1)(b)
(2)(b)
;
(d)
procedures for the use of reasonable and necessary physical restraint in dealing with
students posing a danger to themselves or others, consistent with Section
53G-8-301
;
(e)
standards and procedures for dealing with student conduct in locations other than
those referred to in Subsection
(1)(b)
(2)(b)
, if the conduct threatens harm or does
harm to:
(i)
the school;
(ii)
school property;
(iii)
a person associated with the school; or
(iv)
property associated with a person described in Subsection
(1)(e)(iii)
(2)(e)(iii)
;
(f)
procedures for the imposition of disciplinary sanctions,
including
suspension and
expulsion;
(g)
specific provisions, consistent with Section
53E-3-509
, for preventing and
responding to gang-related activities in the school, on school grounds, on school
vehicles, or in connection with school-related activities or events;
(h)
standards and procedures for dealing with habitual disruptive or unsafe student
behavior in accordance with the provisions of this part; and
(i)
procedures for responding to reports received through the SafeUT Crisis Line under
Subsection
53H-4-210(2)(c)
.
(2)
(3)
(a)
Each local school board shall establish a policy on detaining students after
regular school hours as a part of the district-wide discipline plan required under
Section
53G-8-202
.
(b)
(i)
The policy described in Subsection
(2)(a)
(3)(a)
shall apply to elementary
school students, grades kindergarten through 6.
(ii)
The local school board shall receive input from teachers, school administrators,
and parents of the affected students before adopting the policy.
(c)
The policy described in Subsection
(2)(a)
(3)(a)
shall provide for:
(i)
notice to the parent of a student
prior to
before
holding the student after school
on a particular day; and
(ii)
exceptions to the notice provision if detention is necessary for the student's health
or safety.
(3)
(4)
(a)
Each LEA shall adopt a policy for responding to possession or use of
electronic cigarette products by a student on school property.
(b)
The policy described in Subsection
(3)(a)
(3)(a)
shall:
(i)
prohibit students from possessing or using electronic cigarette products on school
property;
(ii)
include policies or procedures for the confiscation or surrender of electronic
cigarette products; and
(iii)
require a school administrator or school administrator's designee to dispose of or
destroy a confiscated electronic cigarette product.
(c)
Notwithstanding Subsection
(3)(b)(iii)
(4(b)(iii)
, an LEA may release a confiscated
electronic cigarette product to local law enforcement if:
(i)
a school official has a reasonable suspicion that a confiscated electronic cigarette
product contains an illegal substance; and
(ii)
local law enforcement requests that the LEA release the confiscated electronic
cigarette product to local law enforcement as part of an investigation or action.
(4)
(5)
(a)
Each LEA shall adopt a policy for responding to
when
the circumstance
where
a student has
committed
been arrested for, charged with, or adjudicated in the
courts for committing
a serious offense or sexual crime.
(b)
The policy described in Subsection
(4)(a)
(5)(a)
shall:
(i)
address a serious offense or sexual misconduct related to hazing;
(ii)
distinguish procedures for when the crime occurs on school property and off of
school property;
(iii)
if a student has committed a serious offense or sexual crime, provide a process
for a school resource officer to provide input for the LEA to consider regarding
the safety risks a student may pose upon reintegration;
(iv)
establish a process to inform a school resource officer of any student who is on
probation;
(v)
create procedures for determining an alternative placement for a student if the
student attends the same school as:
(A)
the victim of the student's crime; and
(B)
an individual who has a protective order against the student; and
(vi)
be compliant with state and federal law.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 10:10 AM