53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.

458 words·~2 min read·/ut/title-53g/chapter-9/53g-9-605

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

Effective 5/1/2024

(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.

Amended by Chapter 21 , 2024 General Session