School Safety Modifications

24
53E-1-201
53E-3-518
53E-9-301
53E-9-305
53E-9-308
53G-8-701.5
53G-8-802
53G-8-806
0
School Safety Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: Ryan D. Wilcox
LONG TITLE
General Description:
This bill creates a system for the State Board of Education (state board) to collect and share
information about student threats between local education agencies (LEAs).
Highlighted Provisions:
This bill:
establishes a statewide student threat flag;
defines terms related to student threats and threat assessments;
requires LEAs to report certain student threat information to the state board;
authorizes the state board to share threat information with other LEAs;
provides protections for student privacy;
establishes procedures for data collection, retention, and deletion;
creates immunity provisions for good faith reporting; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 9
53E-3-518
Effective
07/01/26
, as last amended by Laws of Utah 2024, Chapters 21, 24
53E-9-301
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 328
53E-9-305
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapter 161
53E-9-308
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapters 328,
381
53G-8-701.5
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 388
53G-8-802
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 388
ENACTS:
53G-8-806
Effective
07/01/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-1-201
is amended to read:
53E-1-201
Effective
07/01/26
Partially Repealed
07/01/27
. Reports to and
action required of the Education Interim Committee.
(1)
In accordance with applicable provisions and Section
68-3-14
, the following recurring
reports are due to the Education Interim Committee:
(a)
the report described in Section
9-22-109
by the STEM Action Center Board,
including the information described in Section
9-22-113
on the status of the computer
science initiative and Section
9-22-114
on the Computing Partnerships Grants
Program;
(b)
the prioritized list of data research described in Section
53H-15-303
and the report
on research and activities described in Section
53H-15-305
by the Utah Data
Research Center;
(c)
the report described in Section
53H-1-203
by the Utah Board of Higher Education on
career and technical education issues and addressing workforce needs;
(d)
the annual report of the Utah Board of Higher Education described in Section
53H-1-203
;
(e)
the reports described in Section
53H-7-603
by the Utah Board of Higher Education
regarding activities related to campus safety;
(f)
the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(g)
the annual report described in Section
53E-2-202
by the state board on the strategic
plan to improve student outcomes;
(h)
the report described in Section
53E-3-501
by the state board on students in an LEA
who receive academic credit through the packet method;
(i)
the report described in Section
53E-8-204
by the state board on the Utah Schools for
the Deaf and the Blind;
(j)
the report described in Section
53E-10-703
by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k)
the report described in Section
53F-2-522
regarding mental health screening
programs;
(l)
the report described in Section
53F-4-203
by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m)
the report described in Section
53F-6-412
by the program manager of the Utah Fits
All Scholarship Program;
(n)
the report described in Section
63N-20-107
by the Governor's Office of Economic
Opportunity on UPSTART;
(o)
the report described in Section
53F-5-215
by the state board related to a grant for an
elementary teacher preparation assessment;
(p)
upon request, the report described in Section
53F-5-219
by the state board on the
Local Innovations Civics Education Pilot Program;
(q)
the report described in Section
53F-5-405
by the state board regarding an evaluation
of a partnership that receives a grant to improve educational outcomes for students
who are low-income;
(r)
the report described in Section
53H-1-604
regarding the Higher Education and
Corrections Council;
(s)
the report described in Section
53G-7-221
by the state board regarding innovation
plans;
and
(t)
the reports described in Section
53F-6-412
regarding the Utah Fits All Scholarship
Program
.
; and
(u)
the report described in Subsection
53G-8-806(7)(e)
regarding operation and
effectiveness of the student threat information.
(2)
In accordance with applicable provisions and Section
68-3-14
, the following occasional
reports are due to the Education Interim Committee:
(a)
in 2027, 2030, 2033, and 2035, the reports described in Sections
53H-1-502
,
53H-1-503
, and
53H-1-504
;
(b)
in 2025, the report described in Section
53H-6-203
by a degree-granting institution
regarding policies on abusive coaching practices;
(c)
if required, the report described in Section
53E-4-309
by the state board explaining
the reasons for changing the grade level specification for the administration of
specific assessments;
(d)
if required, the report described in Section
53E-5-210
by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide
assessment;
(e)
the report described in Section
53E-10-702
by Utah Leading through Effective,
Actionable, and Dynamic Education;
(f)
if required, the report described in Section
53F-2-513
by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in
high-poverty schools;
(g)
upon request, the report described in Section
53F-10-303
by the state board
regarding the Rural School Sports Facilities Grant Program;
(h)
upon request, a report described in Section
53G-7-222
by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative
education program;
(i)
the reports described in Section
53G-11-304
by the state board regarding proposed
rules and results related to educator exit surveys; and
(j)
the report described in Section
26B-5-113
by the Office of Substance Use and Mental
Health, the state board, and the Department of Health and Human Services regarding
recommendations related to Medicaid reimbursement for school-based health
services.
(3)
In accordance with applicable provisions and Section
68-3-14
, every five years the
Education Interim Committee shall review the programs described in the following
sections of code:
(a)
beginning July 1, 2027, Title
53E, Chapter 10, Part 3
, Concurrent Enrollment;
(b)
beginning July 1, 2027, Section
53F-2-408
, Enhancement for Accelerated Students
Program;
(c)
beginning July 1, 2027, Section
53F-2-409
, Concurrent enrollment funding;
(d)
beginning July 1, 2027, Section
53F-2-415
, Student health and counseling support --
Qualifying personnel -- Distribution formula -- Rulemaking;
(e)
beginning July 1, 2028, Section
53F-2-416
, Appropriation and distribution for the
Teacher and Student Success Program;
(f)
beginning July 1, 2028, Section
53F-2-510
, Digital Teaching and Learning Grant
Program;
(g)
beginning July 1, 2028, Section
53F-9-306
, Teacher and Student Success Account;
(h)
beginning July 1, 2028, Title
53G, Chapter 7, Part 13
, Teacher and Student Success
Program; and
(i)
beginning July 1, 2029, Section
53F-2-502
, Dual language immersion.
Section 2. Section
53E-3-518
is amended to read:
53E-3-518
Effective
07/01/26
. Utah school information management system --
Local education agency requirements.
(1)
As used in this section:
(a)
"LEA data system" or "LEA's data system" means a data system that:
(i)
is developed, selected, or relied upon by an LEA; and
(ii)
the LEA uses to collect data or submit data to the state board related to:
(A)
student information;
(B)
educator information;
(C)
financial information; or
(D)
other information requested by the state board.
(b)
"LEA financial information system" or "LEA's financial information system" means
an LEA data system used for financial information.
(c)
"Parent" means the same as that term is defined in Section
53G-6-201
.
(d)
"Utah school information management system" or "information management
system" means the state board's data collection and reporting system described in this
section.
(e)
"User" means an individual who has authorized access to the information
management system.
(2)
On or before July 1, 2024, the
The
state board shall have in place an information
management system that meets the requirements described in this section.
(3)
The state board shall ensure that the information management system:
(a)
interfaces with:
(i)
an LEA's data systems that meet the requirements described in Subsection
(7)
;
(ii)
where appropriate, the systems described in Subsections
53-10-302(7)
and
(8)
;

and
(iii)
the public safety portal described in Section
63A-16-1002
;
and
(b)
serves as the mechanism for the state board to collect and report on all data that
LEAs submit to the state board related to:
(i)
student information;
(ii)
educator information;
(iii)
financial information;
(iv)
student threat information as described in Section
53G-8-806
;
and
(iv)
(v)
other information requested by the state board;
(c)
includes a web-based user interface through which a user may:
(i)
enter data;
(ii)
view data; and
(iii)
generate customizable reports;
(d)
includes a data warehouse and other hardware or software necessary to store or
process data submitted by an LEA;
(e)
provides for data privacy, including by complying with Chapter 9, Student Privacy
and Data Protection;
(f)
restricts user access based on each user's role; and
(g)
meets requirements related to a student achievement backpack described in Section
53E-3-511
.
(4)
On or before January 31, 2026, the state board shall:
(a)
ensure the information management system described in this section allows for the
transfer of a student's transcript, current IEP, or Section 504 accommodation plan,
including the tracking of necessary accommodations and services between:
(i)
different LEA student information systems; and
(ii)
an authorized online course provider and a primary LEA; and
(b)
ensure the transfer capability described in Subsection
(4)(a)
is available for the same
use within the operating system the state board uses for the Statewide Online
Education Program described in Title 53F, Chapter 4, Part 5, Statewide Online
Education Program.
(5)
The state board shall establish the restrictions on user access described in Subsection
(3)(f)
.
(6)
(a)
The state board shall make rules that establish the required capabilities for an LEA
financial information system.
(b)
In establishing the required capabilities for an LEA financial information system, the
state board shall consider metrics and capabilities requested by the state treasurer or
state auditor.
(7)
(a)
On or before July 1, 2024, an
An
LEA shall ensure that:
(i)
all of the LEA's data systems:
(A)
meet the data standards established by the state board in accordance with
Section
53E-3-501
;
(B)
are fully compatible with the state board's information management system;
and
(C)
meet specification standards determined by the state board; and
(ii)
the LEA's financial information system meets the requirements described in
Subsection
(6)
.
(b)
An LEA shall ensure that an LEA data system purchased or developed on or after
May 14, 2019, will be compatible with the information management system when the
information management system is fully operational.
(8)
(a)
Subject to appropriations and Subsection
(8)(b)
, the state board may use an
appropriation under this section to help an LEA meet the requirements in the rules
described in Subsection
(6)
by:
(i)
providing to the LEA funding for implementation and sustainment of the LEA
financial information system, either through:
(A)
awarding a grant to the LEA; or
(B)
providing a reimbursement to the LEA; or
(ii)
in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procuring a
financial information system on behalf of an LEA for the LEA to use as the LEA's
financial information system.
(b)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules describing:
(i)
how an LEA may apply to the state board for the assistance described in
Subsection
(8)(a)
; and
(ii)
criteria for the state board to provide the assistance to an LEA.
(9)
(a)
Beginning July 1, 2024, the
The
state board may take action against an LEA that
is out of compliance with a requirement described in Subsection
(7)
until the LEA
complies with the requirement.
(b)
An action described in Subsection
(9)(a)
may include the state board withholding
funds from the LEA.
(10)
(a)
For purposes of this Subsection
(10)
, "education record" means the same as that
term is defined in 20 U.S.C. Sec. 1232g.
(b)
The state board shall, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establish a procedure under which:
(i)
a parent may submit information as part of the education records for the parent's
student;
(ii)
the information submitted by the parent is maintained as part of the education
records for the parent's student;
(iii)
information submitted by the parent and maintained as part of the education
records for the parent's student may be removed at the request of the parent; and
(iv)
a parent has access only to the education records of the parent's student in
accordance with Subsection
(10)(d)
.
(c)
The rules made under this Subsection
(10)
shall allow a parent to submit or remove
information submitted by the parent under this Subsection
(10)
at least annually,
including at the time of:
(i)
registering a student in a school; or
(ii)
changing the school in which a student attends.
(d)
Subject to the federal Family Education Rights and Privacy Act, 20 U.S.C. Sec.
1232g, and related regulations, the state board shall provide a parent access to an
education record concerning the parent's student.
(e)
The state board shall create in the information management system a record tracking
interoperability of education records described in this Subsection
(10)
when a student
is transitioning between schools or between LEAs.
Section 3. Section
53E-9-301
is amended to read:
53E-9-301
Effective
07/01/26
. Definitions.
As used in this part:
(1)
"Adult student" means a student who:
(a)
is at least 18 years old;
(b)
is an emancipated student; or
(c)
qualifies under the McKinney-Vento Homeless Education Assistance Improvements
Act of 2001, 42 U.S.C. Sec. 11431 et seq.
(2)
"Aggregate data" means data that:
(a)
are totaled and reported at the group, cohort, school, school district, region, or state
level with at least 10 individuals in the level;
(b)
do not reveal personally identifiable student data; and
(c)
are collected in accordance with state board rule.
(3)
(a)
"Biometric identifier" means a:
(i)
retina or iris scan;
(ii)
fingerprint;
(iii)
human biological sample used for valid scientific testing or screening; or
(iv)
scan of hand or face geometry.
(b)
"Biometric identifier" does not include:
(i)
a writing sample;
(ii)
a written signature;
(iii)
a voiceprint;
(iv)
a photograph;
(v)
demographic data; or
(vi)
a physical description, such as height, weight, hair color, or eye color.
(4)
"Biometric information" means information, regardless of how the information is
collected, converted, stored, or shared:
(a)
based on an individual's biometric identifier; and
(b)
used to identify the individual.
(5)
"Data breach" means an unauthorized release of or unauthorized access to personally
identifiable student data that is maintained by an education entity.
(6)
"Data governance plan" means an education entity's comprehensive plan for managing
education data that:
(a)
incorporates reasonable data industry best practices to maintain and protect student
data and other education-related data;
(b)
describes the role, responsibility, and authority of an education entity data
governance staff member;
(c)
provides for necessary technical assistance, training, support, and auditing;
(d)
describes the process for sharing student data between an education entity and
another person;
(e)
describes the education entity's data expungement process, including how to respond
to requests for expungement;
(f)
describes the data breach response process; and
(g)
is published annually and available on the education entity's website.
(7)
"Education entity" means:
(a)
the state board;
(b)
a local school board;
(c)
a charter school governing board;
(d)
a school district;
(e)
a charter school; or
(f)
the Utah Schools for the Deaf and the Blind.
(8)
"Expunge" means to seal or permanently delete data, as described in state board rule
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
under Section
53E-9-306
.
(9)
"General audience application" means an Internet website, online service, online
application, mobile application, or software program that:
(a)
is not specifically intended for use by an audience member that attends kindergarten
or a grade from 1 to 12, although an audience member may attend kindergarten or a
grade from 1 to 12; and
(b)
is not subject to a contract between an education entity and a third-party contractor.
(10)
"Local education agency" or "LEA" means:
(a)
a school district;
(b)
a charter school; or
(c)
the Utah Schools for the Deaf and the Blind.
(11)
"Metadata dictionary" means a record that:
(a)
defines and discloses all personally identifiable student data collected and shared by
the education entity;
(b)
comprehensively lists all recipients with whom the education entity has shared
personally identifiable student data, including:
(i)
the purpose for sharing the data with the recipient;
(ii)
the justification for sharing the data, including whether sharing the data was
required by federal law, state law, or a local directive; and
(iii)
how sharing the data is permitted under federal or state law; and
(c)
without disclosing personally identifiable student data, is displayed on the education
entity's website.
(12)
"Necessary student data" means data required by state statute or federal law to conduct
the regular activities of an education entity, including:
(a)
name;
(b)
date of birth;
(c)
sex;
(d)
parent contact information;
(e)
custodial parent information;
(f)
contact information;
(g)
a student identification number;
(h)
local, state, and national assessment results or an exception from taking a local, state,
or national assessment;
(i)
courses taken and completed, credits earned, and other transcript information;
(j)
course grades and grade point average;
(k)
grade level and expected graduation date or graduation cohort;
(l)
degree, diploma, credential attainment, and other school exit information;
(m)
attendance and mobility;
(n)
drop-out data;
(o)
immunization record or an exception from an immunization record;
(p)
race;
(q)
ethnicity;
(r)
tribal affiliation;
(s)
remediation efforts;
(t)
an exception from a vision screening required under Section
53G-9-404
or
information collected from a vision screening described in Section
53G-9-404
;
(u)
information related to the Utah Registry of Autism and Developmental Disabilities,
described in Section
26B-7-115
;
(v)
student injury information;
(w)
a disciplinary record created and maintained as described in Section
53E-9-306
;
(x)
juvenile delinquency records;
(y)
English language learner status; and
(z)
child find and special education evaluation data related to initiation of an IEP.
(13)
(a)
"Optional student data" means student data that is not:
(i)
necessary student data; or
(ii)
student data that an education entity may not collect under Section
53E-9-305
.
(b)
"Optional student data" includes:
(i)
information that is:
(A)
related to an IEP or needed to provide special needs services; and
(B)
not necessary student data;
(ii)
biometric information; and
(iii)
information that is not necessary student data and that is required for a student to
participate in a federal or other program.
(14)
"Parent" means:
(a)
a student's parent;
(b)
a student's legal guardian; or
(c)
an individual who has written authorization from a student's parent or legal guardian
to act as a parent or legal guardian on behalf of the student.
(15)
(a)
"Personally identifiable student data" means student data that identifies or is used
by the holder to identify a student.
(b)
"Personally identifiable student data" includes:
(i)
a student's first and last name;
(ii)
the first and last name of a student's family member;
(iii)
a student's or a student's family's home or physical address;
(iv)
a student's email address or other online contact information;
(v)
a student's telephone number;
(vi)
a student's social security number;
(vii)
a student's biometric identifier;
(viii)
a student's health or disability data;
(ix)
a student's education entity student identification number;
(x)
a student's social media user name and password or alias;
(xi)
if associated with personally identifiable student data, the student's persistent
identifier, including:
(A)
a customer number held in a cookie; or
(B)
a processor serial number;
(xii)
a combination of a student's last name or photograph with other information that
together permits a person to contact the student online;
(xiii)
information about a student or a student's family that a person collects online
and combines with other personally identifiable student data to identify the
student; and
(xiv)
information that, alone or in combination, is linked or linkable to a specific
student that would allow a reasonable person in the school community, who does
not have personal knowledge of the relevant circumstances, to identify the student
with reasonable certainty.
(16)
"School official" means an employee or agent of an education entity, if the education
entity has authorized the employee or agent to request or receive student data on behalf
of the education entity.
(17)
(a)
"Student data" means information about a student at the individual student level.
(b)
"Student data" does not include aggregate or de-identified data.
(18)
"Student data manager" means:
(a)
the state student data officer; or
(b)
an individual designated as a student data manager by an education entity under
Section
53E-9-303
, who fulfills the duties described in Section
53E-9-308
.
(19)
(a)
"Targeted advertising" means presenting advertisements to a student where the
advertisement is selected based on information obtained or inferred over time from
that student's online behavior, usage of applications, or student data.
(b)
"Targeted advertising" does not include advertising to a student:
(i)
at an online location based upon that student's current visit to that location; or
(ii)
in response to that student's request for information or feedback, without retention
of that student's online activities or requests over time for the purpose of targeting
subsequent ads.
(20)
"Third-party contractor" means a person who:
(a)
is not an education entity; and
(b)
pursuant to
in accordance with
a contract with an education entity, collects or
receives student data in order to provide a product or service, as described in the
contract, if the product or service is not related to school photography, yearbooks,
graduation announcements, or a similar product or service.
(21)
"Threat assessment information" means data related to a credible threat made by a
student that has been evaluated through a threat assessment process and determined to
pose a potential risk to school safety, including threats of violence against students,
school personnel, or school property.
(21)
(22)
"Written consent" means written authorization to collect or share a student's
student data, from:
(a)
the student's parent, if the student is not an adult student; or
(b)
the student, if the student is an adult student.
Section 4. Section
53E-9-305
is amended to read:
53E-9-305
Effective
07/01/26
. Collecting student data -- Prohibition -- Student
data collection notice -- Written consent.
(1)
An education entity may not collect a student's:
(a)
social security number; or
(b)
except as required in Section
80-6-103
, criminal record.
(2)
Except as provided in Subsection
(3)
, an education entity that collects student data shall,
in accordance with this section, prepare and distribute to parents and students a student
data collection notice statement that:
(a)
is a prominent, stand-alone document;
(b)
is annually updated and published on the education entity's website;
(c)
states the student data that the education entity collects;
(d)
states that the education entity will not collect the student data described in
Subsection
(1)
;
(e)
states the student data described in Section
53E-9-308
that the education entity may
not share without written consent;
(f)
includes the following statement:
"The collection, use, and sharing of student data has both benefits and risks. Parents and
students should learn about these benefits and risks and make choices regarding student data
accordingly.";
(g)
describes in general terms how the education entity stores and protects student data;
and
(h)
states a student's rights under this part.
(3)
The state board may publicly post the state board's collection notice described in
Subsection
(2)
.
(4)
An education entity may collect the necessary student data of a student if the education
entity provides a student data collection notice to:
(a)
the student, if the student is an adult student; or
(b)
the student's parent, if the student is not an adult student.
(5)
An education entity may collect optional student data if the education entity:
(a)
provides, to an individual described in Subsection
(4)
, a student data collection
notice that includes a description of:
(i)
the optional student data to be collected; and
(ii)
how the education entity will use the optional student data; and
(b)
obtains written consent to collect the optional student data from an individual
described in Subsection
(4)
.
(6)
An education entity may collect a student's biometric identifier or biometric information
if the education entity:
(a)
provides, to an individual described in Subsection
(4)
, a biometric information
collection notice that is separate from a student data collection notice, which states:
(i)
the biometric identifier or biometric information to be collected;
(ii)
the purpose of collecting the biometric identifier or biometric information; and
(iii)
how the education entity will use and store the biometric identifier or biometric
information; and
(b)
obtains written consent to collect the biometric identifier or biometric information
from an individual described in Subsection
(4)
.
(7)
Except under the circumstances described in Subsection
53G-8-211(2)
, an education
entity may not refer a student to an evidence-based alternative intervention described in
Section
53G-8-211
without written consent.
(8)
Nothing in this section prohibits an education entity from including additional
information related to student and parent privacy in the notice described in Subsection
(2)
.
(9)
Notwithstanding any other provision of this section, an education entity may collect and
share threat assessment information as authorized under Section
53G-8-806
without
obtaining written consent if:
(a)
the collection and sharing is necessary to protect the safety of a student, school
personnel, or school property;
(b)
the information is shared only with authorized personnel as described in Section
53G-8-806
; and
(c)
the education entity complies with all procedural requirements in Section
53G-8-806
.
Section 5. Section
53E-9-308
is amended to read:
53E-9-308
Effective
07/01/26
. Sharing student data -- Prohibition --
Requirements for student data manager -- Authorized student data sharing.
(1)
(a)
Except as provided in Subsection
(1)(b)
, an education entity, including a student
data manager, may not:
(i)
share personally identifiable student data without written consent; or
(ii)
share student data with a federal agency.
(b)
An education entity, including a student data manager, may share personally
identifiable student data:
(i)
in accordance with the Family Education Rights and Privacy Act and related
provisions under 20 U.S.C. Secs. 1232g and 1232h;
(ii)
as required by federal law; and
(iii)
as described in Subsections
(3)
,
(5)
, and
(6)
.
(2)
A student data manager shall:
(a)
authorize and manage the sharing, outside of the student data manager's education
entity, of personally identifiable student data for the education entity as described in
this section;
(b)
act as the primary local point of contact for the state student data officer described in
Section
53E-9-302
; and
(c)
fulfill other responsibilities described in the data governance plan of the student data
manager's education entity.
(3)
A student data manager may share a student's personally identifiable student data with a
caseworker or representative of the Department of Health and Human Services if:
(a)
the Department of Health and Human Services is:
(i)
legally responsible for the care and protection of the student, including the
responsibility to investigate a report of educational neglect, as provided in
Subsection
80-2-701(5)
; or
(ii)
providing services to the student;
(b)
the student's personally identifiable student data is not shared with a person who is
not authorized:
(i)
to address the student's education needs; or
(ii)
by the Department of Health and Human Services to receive the student's
personally identifiable student data; and
(c)
the Department of Health and Human Services maintains and protects the student's
personally identifiable student data.
(4)
The Department of Health and Human Services, a school official, or the Utah Juvenile
Court may share personally identifiable student data to improve education outcomes for
youth:
(a)
in the custody of, or under the guardianship of, the Department of Health and Human
Services;
(b)
receiving services from the Division of Juvenile Justice and Youth Services;
(c)
in the custody of the Division of Child and Family Services;
(d)
receiving services from the Division of Services for People with Disabilities; or
(e)
under the jurisdiction of the Utah Juvenile Court.
(5)
(a)
A student data manager may share personally identifiable student data in response
to a subpoena issued by a court.
(b)
A person who receives personally identifiable student data under Subsection
(5)(a)

may not use the personally identifiable student data outside of the use described in
the subpoena.
(6)
(a)
A student data manager may share student data, including personally identifiable
student data, in response to a request to share student data for the purpose of research
or evaluation, if the student data manager:
(i)
verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
(ii)
submits the request to the education entity's research review process; and
(iii)
fulfills the instructions that result from the review process.
(b)
(i)
In accordance with state and federal law, and subject to Subsection
(6)(b)(ii)
,
the state board shall share student data, including personally identifiable student
data, as requested by the Utah Registry of Autism and Developmental Disabilities
described in Section
26B-7-115
.
(ii)
(A)
At least 30 days before the state board shares student data in accordance
with Subsection
(6)(b)(i)
, the education entity from which the state board
received the student data shall provide notice to the parent of each student for
which the state board intends to share student data.
(B)
The state board may not, for a particular student, share student data as
described in Subsection
(6)(b)(i)
if the student's parent requests that the state
board not share the student data.
(iii)
A person who receives student data under Subsection
(6)(b)(i)
:
(A)
shall maintain and protect the student data in accordance with state board rule
described in Section
53E-9-307
;
(B)
may not use the student data for a purpose not described in Section
26B-7-115
;
and
(C)
is subject to audit by the state student data officer described in Section
53E-9-302
.
(7)
A student data manager may share threat assessment information described in Section
53G-8-806
if:
(a)
the sharing is necessary to protect the safety of a student, school personnel, or school
property;
(b)
the recipient is an authorized education entity or law enforcement agency; and
(c)
all procedural requirements in Section
53G-8-806
are followed.
Section 6. Section
53G-8-701.5
is amended to read:
53G-8-701.5
Effective
07/01/26
. 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)
student threat assessment information described in
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 may implement the requirements of Subsection
(2)(a)(ii)
before the LEA
has completed the school safety needs assessment described in Subsection
(1)
.
(e)
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.
Section 7. Section
53G-8-802
is amended to read:
53G-8-802
Effective
07/01/26
. 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)
.
;
(q)
provide training to LEAs on threat assessment protocols; and
(r)
establish best practices for threat assessment teams and information sharing.
(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 8. Section
53G-8-806
is enacted to read:
53G-8-806
Effective
07/01/26
. Student threat information sharing -- Definitions
-- Requirements -- Procedures.
(1)
As used in this section:
(a)
"Credible threat" means a threat that has been evaluated by a threat assessment team
and determined to pose a potential risk of physical violence, serious bodily injury, or
significant property damage to students, school personnel, or school property, based
on:
(i)
the specificity and plausibility of the threat;
(ii)
the student's access to means to carry out the threat;
(iii)
the student's history of concerning behaviors; and
(iv)
other relevant factors identified through evidence-based threat assessment
protocols.
(b)
"Threat assessment information" means:
(i)
the nature and content of a credible threat;
(ii)
the name of the student who made the threat, including known aliases;
(iii)
the target or targets of the threat;
(iv)
the threat assessment team's evaluation and risk determination;
(v)
any safety interventions or support services provided; and
(vi)
other information relevant to preventing violence and ensuring school safety.
(c)
"Threat assessment team" means a multidisciplinary team established by an LEA that
includes:
(i)
a school administrator;
(ii)
school safety personnel, including:
(A)
a school safety and security specialist described in Section
53G-7-701
; or
(B)
a school resource officer;
(iii)
if available, a mental health professional; and
(iv)
other individuals as determined appropriate by the LEA.
(2)
The state board shall:
(a)
require LEAs to report when a student has presented a credible threat;
(b)
enables authorized personnel from other LEAs to access threat flag; and
(c)
maintains appropriate security and access controls.
(3)
An LEA shall place a flag on a student record when:
(a)
a threat assessment team determines that a student has made a credible threat;
(b)
the threat involves potential harm to:
(i)
a student;
(ii)
school personnel; or
(iii)
school property; or
(c)
the threat involves weapons or explosive devices; or
(d)
the threat assessment team determines that sharing the information is necessary to
protect student and school safety.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board may establish rules and procedures for the sharing of student threat
information.
(5)
The state board shall:
(a)
provide training to LEAs on the sharing of the student threat information;
(b)
conduct regular audits of student threat information sharing;
(c)
ensure compliance with all privacy and security requirements; and
(d)
report annually by October 1 to the Education Interim Committee on the operation
and effectiveness of the student threat information, including:
(i)
training completion rates for LEA personnel; and
(ii)
aggregate data on threat prevention outcomes, appropriately anonymized to
protect student privacy.
(6)
An LEA, the state board, or any employee of an LEA or the state board acting within
the scope of employment in reporting, accessing, or using threat assessment information
under this section in compliance with the procedures established in this section:
(a)
is entitled to the protections provided under Title 63G, Chapter 7, Governmental
Immunity Act of Utah; and
(b)
is presumed to be acting in good faith unless clear and convincing evidence
demonstrates otherwise.
(7)
Nothing in this section:
(a)
requires an LEA to establish an additional threat assessment team if one already
exists;
(b)
supersedes any more stringent privacy protections under state or federal law;
(c)
authorizes the collection or sharing of information beyond what is necessary for
school safety; or
(d)
creates a private right of action.
Section 9.
Effective Date.
This bill takes effect on
July 1, 2026
.
2-23-26 12:08 PM