53-22-108. School safety foundation.

552 words·~3 min read·/ut/title-53/chapter-22/53-22-108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section:

(a)"Authorized foundation" means a nonprofit foundation that:

(i)meets the requirements of this section; and

(ii)the state security chief authorizes in consultation with the School Safety Center created in Section 53G-8-802 .

(b)"School safety product" means equipment, technology, service, or material that enhances school safety and security.

(2)The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation:

(a)maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);

(b)has operated continuously in the state for three or more years;

(c)maintains a primary mission focused on school safety;

(d)operates under a board of directors that includes:

(i)a law enforcement representative;

(ii)an educator or school administrator; and

(iii)an emergency management professional;

(e)demonstrates financial stability through:

(i)an annual independent audit;

(ii)maintained reserves; and

(iii)a clean financial record; and

(f)provides evidence of:

(i)successful project management;

(ii)an existing relationship with an educational institution; and

(iii)knowledge of school safety requirements described in federal and state law.

(3)A foundation seeking authorization shall submit to the state security chief:

(a)a written application that demonstrates compliance with Subsection (2);

(b)a financial record for the previous three years;

(c)a current board member qualification;

(d)a proposed school safety initiative; and

(e)an internal procurement policy for purchases not made from a state cooperative contract.

(4)The state security chief shall:

(a)review an application within 60 days;

(b)request additional information if needed;

(c)issue a written decision; and

(d)maintain a public record of an authorized foundation, including records related to the approval process of an authorized foundation.

(5)An authorized foundation may:

(a)use a state cooperative contract in accordance with Section 63G-6a-2105 ;

(b)make a bulk purchase of a school safety product; and

(c)in coordination with the state security chief and the School Safety Center:

(i)facilitate a donation of a school safety product; and

(ii)distribute a product to a school.

(6)An authorized foundation shall:

(a)follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state cooperative contract;

(b)maintain separate accounting for a school safety purchase;

(c)by August 1 of each year, submit an annual report to the state security chief that includes:

(i)any product procured through a state cooperative contract;

(ii)the annual independent audit required in Subsection (2)(e) ;

(iii)all schools served;

(iv)the total value of a donation facilitated; and

(v)a compliance certification; and

(d)renew authorization every three years.

(7)The state security chief:

(a)may revoke authorization if the authorized foundation:

(i)fails to maintain a requirement of this section;

(ii)engages in financial mismanagement; or

(iii)submits false information in a report required by this section; and

(b)shall, before revoking authorization:

(i)provide written notice to the foundation;

(ii)allow a 30-day period to remedy the violation;

(iii)provide an opportunity for a hearing; and

(iv)issue a final written decision.

(8)Authorization under this section does not:

(a)create state liability;

(b)imply state endorsement;

(c)override a local procurement requirement; and

(d)exempt the foundation from an applicable law.

Enacted by Chapter 388 , 2025 General Session