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16-28B-3
meanings: (1) BULLYING. A continuous pattern of intentional behavior that takes place on or
off of school property, on a school bus, or at a school-sponsored function including, but
not limited to, cyberbullying or written, electronic, verbal, or physical acts that are reasonably
perceived as being motivated by any characteristic of a student, or by the association of
a student with an individual who has a particular characteristic, if the characteristic falls
into one of the categories of personal characteristics contained in the model policy
adopted by the department or by a local board, and implemented at each school. To constitute
bullying, a pattern of behavior may do any of the following: a. Place a student in reasonable
fear of harm to his or her person or damage to his or her property. b. Have the effect of
substantially interfering with the educational performance, opportunities, or benefits of
a student. c. Have the effect of substantially disrupting or interfering with...
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16-28B-5
providing notice that the policy applies to behavior occurring off of school property and to
participation in school-sponsored functions, whether the conduct occurs on or off school property,
online, or electronically. (11) A clearly defined procedure for students to use in reporting
bullying, including, but not limited to, written reports on local board approved complaint
forms and written reports of instances of bullying, intimidation, violence, and threats of
violence based on the personal characteristics of a student. The complaint form may
be served in person or by mail on the principal, or his or her designee, or his or her office.
The procedures shall be made known and be readily available to each student, employee, and
the parent or guardian of each student. It is the sole responsibility of the affected student,
or the parent or guardian of the affected student, to report incidences of bullying to the
principal, or his or her designee. (12) A procedure for promulgating...
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16-28B-4
Section 16-28B-4 Prohibited behavior; complaints; school plans or programs. (a) No student
shall engage in or be subjected to bullying, intimidation, violence, or threats of violence
on or off of school property, on a school bus, or at any school-sponsored function by any
other student in his or her school system. (b) No person shall engage in reprisal, retaliation,
or false accusation against a victim, witness, or other person who has reliable information
about an act of bullying, violence, or threat of violence. (c) Any student, or parent or guardian
of the student, who is the object of bullying may file a complaint outlining the details of
the bullying, on a form authorized by the local board, and submit the form to the official
designated by the local board to receive complaints at the school. A copy of the form shall
be prominently posted and accessible on the website of each local board of education and school,
shall be available at each school office, and shall be included in...
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16-1-24.1
Section 16-1-24.1 Safe school and drug-free school policy; treatment of policy violators; promulgation
and distribution of discipline policy; liability limited for discipline actions; local boards
may adopt more stringent guidelines. (a) The Legislature finds a compelling public interest
in ensuring that schools are made safe and drug-free for all students and school employees.
The Legislature finds the need for a comprehensive safe school and drug-free school policy
to be adopted by the State Board of Education. This policy should establish minimum standards
for classes of offenses and prescribe uniform minimum procedures and penalties for those who
violate the policies. It is the intent of the Legislature that our schools remain safe and
drug-free for all students and school employees. The State Board of Education shall adopt
and all local boards of education shall uniformly enforce policies that protect all students
and school employees. The State Board of Education shall require...
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16-1-44
Section 16-1-44 School emergency operation plans. (a)(1) Each local board of education shall
develop and adopt a comprehensive school emergency operations plan for each school under the
authority of the board. (2) The local board or its agent shall examine the conditions and
operations of each school under the authority of the local board to determine hazards to student
and staff safety and shall propose changes, if needed to promote the prevention of dangerous
problems and circumstances. (3) In developing the plan for each school, the local board or
its agent shall involve community law enforcement and safety officials, including community
fire and emergency management assigned to the school. (b)(1) The board shall incorporate into
each comprehensive school emergency operations plan the following: a. Protocols for addressing
each type of serious threats to the safety of school property, students, employees, or administrators
which shall include, but not be limited to: Security-related...
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38-15-4
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section shall be afforded the following rights and any other rights adopted by the department
through rule, which shall be publicly posted and accessible to youth: a. To be afforded dignity
in his or her personal relationships with staff, youth, and other persons. b. To live
in a safe, healthy, and comfortable environment where he or she is treated with respect. c.
To be free from physical, sexual, emotional, or other abuse or corporal punishment. d. To
be granted a reasonable level of personal privacy in accommodations, personal
care and assistance, and visits. e. To confidential care of his or her records and personal
information, and to approve release of those records prior to the release of...
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16-1-51.1
Section 16-1-51.1 Comprehensive model policy for supervision and monitoring of juvenile sex
offender students; educational placement of juvenile sex offenders. (a)(1) On or before January
1, 2019, the State Board of Education shall develop a comprehensive model policy for the supervision
and monitoring of juvenile sex offender students, who have a low risk of re-offense and are
enrolled, attending class, and participating in school activities with the general population
of students. The purpose of the model policy is to provide a safe and secure environment for
all students and staff. The model policy shall be adopted by each local board of education
and implemented beginning with the 2020-2021 school year. The model policy, at a minimum,
shall contain all of the following components: a. Application to all school property and school-sponsored
functions including, but not limited to, classroom instructional time, assemblies, athletic
events, extracurricular activities, and school bus...
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16-6B-3
Section 16-6B-3 Assistance programs. (a) Student strategy. The superintendent of the local
board of education along with the staff of each school shall develop an assistance program
at each school for at-risk students performing below the standards set by the State Board
of Education. The standards shall include the results of the required assessment program adopted
by the State Board of Education with emphasis on students who are found to be at one or more
grade levels below the prescribed norm. The local board of education shall budget at least
one hundred dollars ($100) per student so identified to be expended on tutorial assistance
programs including, but not limited to, after-school, Saturday school, or summer school, or
any combination of these programs. These funds may be budgeted from state or federal funds.
However, federal funds already budgeted for at-risk students may not be counted toward the
minimum one hundred dollars ($100) requirement set aside to be expended for...
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16-22A-3
the employee to teach or have responsibility for the safety and well-being of children, or
both, as defined in this chapter. (17) SUITABILITY CRITERIA. a. Suitability Criteria for Nonpublic
Employment. Pertains to an applicant for employment, nonpublic current employee, or a current
employee under review in a nonpublic school. An individual who has not been convicted of a
child abuse crime, as defined herein as a crime committed under the law of the state that
involves the physical or mental injury, sexual abuse or exploitation, or maltreatment
of a child, shall be deemed suitable for employment. b. Suitability Criteria for Public Employment.
Pertains to an applicant for certification, certified applicant for employment, current public
certified employee, current public noncertified employee, and current employee under review
in a public school. An individual who has not been convicted of a child abuse crime, as defined
herein as a crime committed under the law of the state that...
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16-18A-2
instruction or as a place of religious worship nor any facility which is used or to be used
primarily in connection with any part of the program of a school or department of divinity
for any religious denomination. (3) COSTS. As applied to a project or any portion thereof
financed under the provisions of this chapter, all or any part of the cost of construction,
acquisition, alteration, enlargement, reconstruction and remodeling of a project including
all lands, structures, real or personal property, rights, rights-of-way, franchises,
easements, permits, approvals, licenses and certificates and the securing of such permits,
approvals, licenses and certificates, and interests acquired or used for or in connection
with a project, the cost of demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any lands to which such buildings or structures
may be moved, the cost of all machinery and equipment, financing charges, underwriters'...
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