Utah Code § 53G-9-605

Current through the 2024 Fourth Special Session
Section 53G-9-605 - Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy
(1) An LEA governing board shall adopt a bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.
(2) The LEA governing board shall:
(a) develop the policy with input from:
(i) students;
(ii) parents;
(iii) teachers;
(iv) school administrators;
(v) school staff; or
(vi) local law enforcement agencies; and
(b) provide protection to a student, regardless of the student's legal status.
(3) The LEA governing board shall include the following components in the policy:
(a) definitions of bullying, cyber-bullying, hazing, abusive conduct, and retaliation that are consistent with this part;
(b) language prohibiting bullying, cyber-bullying, hazing, and abusive conduct;
(c) language prohibiting retaliation as described in Section 53G-9-603;
(d) language prohibiting making a false report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation;
(e) language outlining appropriate punishments for a student who shares a recording of an act of bullying, cyber-bullying, hazing, abusive conduct, and retaliation in order to impact or encourage future incidents;
(f) as required in Section 53G-9-604, a process for parental notification of:
(i) a student's threat of suicide;
(ii) an incident involving the parent's student; and
(iii) implementation of the school's action plan to address the incident;
(g) a grievance process for a school employee who has experienced abusive conduct;
(h) a requirement that the school or LEA create and implement an action plan for each incident in accordance with Section 53G-9-605.5;
(i) a communication process requiring the school or LEA regularly updates each parent of a student involved in an incident regarding implementation of an action plan, including:
(i) the outcome of the school's or LEA's investigation;
(ii) a discussion of safety considerations for the student who is the subject of the incident; and
(iii) an explanation of the school's or LEA's process for addressing the incident; and
(j) a requirement for a signed statement annually, indicating that the individual signing the statement has received the LEA governing board's policy, from each:
(i) school employee;
(ii) student who is at least eight years old; and
(iii) parent of a student enrolled in the LEA.
(4) An LEA shall, in relation to the policy described in this section:
(a) include a copy in student conduct handbooks;
(b) include a copy in employee handbooks; and
(c) provide a copy to a parent of a student enrolled in the charter school or school district.
(5) A policy may not permit formal disciplinary action that is based solely on an anonymous report of bullying, cyber-bullying, hazing, abusive conduct, or retaliation.
(6) Nothing in this part is intended to infringe upon the right of a school employee, parent, or student to exercise the right of free speech.

Utah Code § 53G-9-605

Amended by Chapter 21, 2024 General Session ,§ 41, eff. 5/1/2024.
Amended by Chapter 293, 2019 General Session ,§ 185, eff. 5/14/2019.
Renumbered from § 53A-11a-301 and amended by Chapter 3, 2018 General Session ,§ 327, eff. 1/24/2018.
Amended by Chapter 213, 2017 General Session ,§ 5, eff. 5/9/2017.
Amended by Chapter 170, 2017 General Session ,§ 3, eff. 5/9/2017.
Amended by Chapter 335, 2013 General Session ,§ 3, eff. 5/14/2013.
Amended by Chapter 235, 2011 General Session