LEGISLATIVE GENERAL COUNSEL S.B. 93
6 Approved for Filing: J.V. Hulten 6
6 01-12-24 11:29 AM 6
1 SCHOOL CLIMATE DATA AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lincoln Fillmore
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the required components for establishing and reporting data from the
10 school climate survey.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < requires the State Board of Education (state board) to:
15 C establish a school climate survey;
16 C make rules regarding survey logistics; and
17 C report aggregated school-level survey results on the state board's parent portal;
18 < describes who should receive a survey;
19 < establishes the required components of the survey;
20 < requires a local education agency (LEA) to distribute and collect data from the
21 survey; and
22 < makes technical changes.
23 Money Appropriated in this Bill:
24 None
25 Other Special Clauses:
S.B. 93
26 This bill provides a special effective date.
27 Utah Code Sections Affected:
*SB0093*
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28 AMENDS:
29 53G-8-801, as enacted by Laws of Utah 2019, Chapter 441
30 53G-8-802, as last amended by Laws of Utah 2023, Chapters 328, 383
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53G-8-801 is amended to read:
34 53G-8-801. Definitions.
35 As used in this section:
36 (1) "Bullying" means the same as that term is defined in Section 53G-9-601.
37 (2) "Evidence-based" means a program, policy, or initiative that is grounded in
38 empirical data and scientifically supported.
39 [(2)] (3) "Law enforcement officer" means the same as that term is defined in Section
40 53-13-103.
41 [(3)] (4) "Program" means the State Safety and Support Program established in Section
42 53G-8-802.
43 (5) "School climate" means the school environment consisting of physical facilities,
44 policies, practices, and resources of an educational setting where a student attends.
45 (6) "School safety" means measures and practices implemented to safeguard the mental
46 and physical well-being and security of individuals within a public school system.
47 (7) "Statistically sound" means a methodology or analysis that adheres to established
48 statistical principles and practices, ensuring reliability, validity, and accuracy of the resulting
49 data.
50 (8) "Student engagement" means the level of participation and intrinsic interest that a
51 student shows in school.
52 Section 2. Section 53G-8-802 is amended to read:
53 53G-8-802. State School Safety Center -- State board duties -- LEA duties.
54 (1) There is created the State School Safety [and Support Program] Center.
55 (2) The state board shall:
56 (a) develop in conjunction with the Office of Substance Use and Mental Health model
57 student safety and support policies for an LEA, including:
58 (i) evidence-based procedures for the assessment of and intervention with an individual
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59 whose behavior poses a threat to school safety;
60 (ii) procedures for referrals to law enforcement; and
61 (iii) procedures for referrals to a community services entity, a family support
62 organization, or a health care provider for evaluation or treatment;
63 (b) provide training:
64 (i) in school safety;
65 (ii) in evidence-based approaches to improve school climate and address and correct
66 bullying behavior;
67 (iii) in evidence-based approaches in identifying an individual who may pose a threat
68 to the school community;
69 (iv) in evidence-based approaches in identifying an individual who may be showing
70 signs or symptoms of mental illness;
71 (v) on permitted disclosures of student data to law enforcement and other support
72 services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
73 (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
74 53E-9-203 and 53E-9-305; and
75 (vii) for administrators on rights and prohibited acts under:
76 (A) Chapter 9, Part 6, Bullying and Hazing;
77 (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
78 (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
79 (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
80 (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
81 (c) conduct and disseminate evidence-based research on school safety concerns;
82 (d) disseminate information on effective school safety initiatives;
83 (e) encourage partnerships between public and private sectors to promote school safety;
84 (f) provide technical assistance to an LEA in the development and implementation of
85 school safety initiatives;
86 (g) in conjunction with the Department of Public Safety, develop and make available to
87 an LEA a model critical incident response training program that includes:
88 (i) protocols for conducting a threat assessment, and ensuring building security during
89 an incident, as required in Section 53G-8-701.5;
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90 (ii) standardized response protocol terminology for use throughout the state;
91 (iii) protocols for planning and safety drills; and
92 (iv) recommendations for safety equipment for schools including amounts and types of
93 first aid supplies;
94 (h) provide space for the public safety liaison described in Section 53-1-106 and the
95 school-based mental health specialist described in Section 26B-5-211;
96 [(i) create a model school climate survey that may be used by an LEA to assess
97 stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
98 Utah Administrative Rulemaking Act, adopt rules:]
99 [(i) requiring an LEA to:]
100 [(A) create or adopt and disseminate a school climate survey; and]
101 [(B) disseminate the school climate survey;]
102 [(ii) recommending the distribution method, survey frequency, and sample size of the
103 survey; and]
104 [(iii) specifying the areas of content for the school climate survey; and]
105 (i) establish a selected school climate survey that:
106 (i) surveys school community stakeholders including:
107 (A) elementary and secondary students as defined by the board in rule;
108 (B) parents of students;
109 (C) instructional staff at a school; and
110 (D) non-instructional staff at a school including a school resource officer;
111 (ii) measures the following school climate indicators:
112 (A) student engagement;
113 (B) school safety; and
114 (C) school environment;
115 (iii) surveys each stakeholder regarding if:
116 (A) a student is learning what the student should be learning in school;
117 (B) a student or other stakeholder is happy attending school; and
118 (C) a student or other stakeholder feels safe when at school;
119 (iv) is anonymous;
120 (v) is evidence-based and statistically sound; and
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121 (vi) allows an LEA to add LEA-specific questions without removing the state board
122 required survey questions;
123 (j) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
124 adopt rules for the school climate survey requiring:
125 (i) the distribution method;
126 (ii) frequency; and
127 (iii) required minimum sample size; and
128 [(j)] (k) collect:
129 (i) [aggregate data and] school climate survey results from each LEA[.];
130 (ii) disaggregated school climate survey results as determined by the board including
131 sub-group populations; and
132 (iii) subject to the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g,
133 report school climate survey results for each school in the Utah Data Gateway portal.
134 (3) Nothing in this section requires an individual to respond to a school climate survey.
135 (4) [The state board shall require an LEA to] An LEA shall:
136 (a) distribute the selected school climate survey described in Subsection (2)(i); and
137 (b) provide the state board with the aggregate data resulting from the school climate
138 survey for each school within the LEA;
139 [(a)] (c) (i) review [data from] the [state board-facilitated surveys containing school
140 climate] selected school climate survey data for each school within the LEA; and
141 (ii) based on the review described in Subsection [(4)(a)(i):] (4)(c)(i):
142 (A) revise practices, policies, and training to eliminate harassment and discrimination
143 in each school within the LEA;
144 (B) adopt a plan for harassment- and discrimination-free learning; and
145 (C) host outreach events or assemblies to inform students and parents of the plan
146 adopted under Subsection [(4)(a)(ii)(B);] (4)(c)(ii)(B);
147 [(b)] (d) no later than September 1 of each school year, send a notice to each student,
148 parent, and LEA staff member stating the LEA's commitment to maintaining a school climate
149 that is free of harassment and discrimination; and
150 [(c)] (e) [report to the state board:] provide assurances of compliance with this part to
151 the state board through the state board's annual assurances process.
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152 [(i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
153 (4)(a)(ii)(B); and]
154 [(ii) after August 1, 2023, annually on the LEA's implementation of the plan and
155 progress.]
156 (f) if survey participation is low:
157 (i) work with the state board to review survey policies and procedures; and
158 (ii) receive professional development from the state board to help increase survey
159 response rates.
160 (5) The state board shall audit an LEA's compliance with the requirements of this
161 section.
162 Section 3. Effective date.
163 This bill takes effect on July 1, 2024.
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Statutes affected: Introduced: 53G-8-801, 53G-8-802