HB 310

03-03 18:47  3rd Sub. (Cherry) H.B. 310
                         Daniel McCay proposes the following substitute bill:
1School Reintegration Plan Amendments
                                      2026 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Angela Romero
                                    Senate Sponsor: Daniel McCay
2
3   LONG TITLE
4   General Description:
5This bill modifies provisions related to reintegration and enrollment of students with
6   disciplinary issues.
7   Highlighted Provisions:
8This bill:
9▸ modifies grounds for denying open enrollment applications;
10▸ modifies timelines and requirements for transferring student records;
11▸ modifies reintegration plan requirements for students who have committed serious
12   offenses;
13▸ requires local education agencies to digitally maintain and transfer certain student records;
14▸ modifies notification requirements when a minor is taken into temporary custody; and
15▸ makes technical and conforming changes
16   Money Appropriated in this Bill:
17None
                                                                                                        3rd Sub. H.B. 310
18   Other Special Clauses:
19None
20   Utah Code Sections Affected:
21   AMENDS:
2253G-6-403, as last amended by Laws of Utah 2019, Chapter 293
2353G-6-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
2453G-8-213, as last amended by Laws of Utah 2025, Chapter 348
2553G-8-403, as last amended by Laws of Utah 2024, Chapter 532
2653G-9-902, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
2763M-7-208, as last amended by Laws of Utah 2024, Chapter 240
2880-6-103, as last amended by Laws of Utah 2025, Chapters 173, 208
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29
30   Be it enacted by the Legislature of the state of Utah:
31Section 1. Section 53G-6-403 is amended to read:
3253G-6-403 . Policies for acceptance and rejection of applications.
33   (1)(a) A local school board shall adopt policies governing acceptance and rejection of
34applications required under Section 53G-6-402.
35(b) The policies adopted under Subsection (1)(a) shall include policies and procedures to
36assure that decisions regarding enrollment requests are administered fairly without
37prejudice to any student or class of student, except as provided in Subsection (2).
38   (2) Standards for accepting or rejecting an application for enrollment may include:
39(a) for an elementary school, the capacity of the grade level;
40(b) for a secondary school, the capacity of a comprehensive program;
41(c) maintenance of heterogeneous student populations if necessary to avoid violation of
42constitutional or statutory rights of students;
43(d) not offering, or having capacity in, an elementary or secondary special education or
44other special program the student requires;
45(e) maintenance of reduced class sizes:
46(i) in a Title I school that uses federal, state, and local money to reduce class sizes for
47the purpose of improving student achievement; or
48(ii) in a school that uses school trust money to reduce class size;
49(f) willingness of prospective students to comply with district policies; and
50(g) giving priority to intradistrict transfers over interdistrict transfers.
51   (3)(a) Standards for accepting or rejecting applications for enrollment may not include:
52(i) previous academic achievement;
53(ii) athletic or other extracurricular ability;
54(iii) the fact that the student requires special education services for which space is
55available;
56(iv) proficiency in the English language; or
57(v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
58(b) A local school board may provide for the denial of applications from students who:
59(i) have committed serious infractions of the law or school policies, including
60policies of the district in which enrollment is sought; [or]
61(ii) have been guilty of chronic misbehavior which would, if it were to continue after
62the student was admitted:
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63(A) endanger persons or property;
64(B) cause serious disruptions in the school; or
65(C) place unreasonable burdens on school staff[.] ; or
66(iii) have any school safety incidents or safe-school violations.
67(c) A local school board may also provide for provisional enrollment of students with
68prior behavior problems, establishing conditions under which enrollment of a
69nonresident student would be permitted or continued.
70   (4)(a) The state board, in consultation with the Utah High School Activities Association,
71shall establish policies regarding nonresident student participation in interscholastic
72competition.
73(b) Nonresident students shall be eligible for extracurricular activities at a public school
74consistent with eligibility standards as applied to students that reside within the
75school attendance area, except as provided by policies established under Subsection
76(4)(a).
77   (5) For each school in the district, the local school board shall post on the school district's
78website:
79(a) the school's maximum capacity;
80(b) the school's adjusted capacity;
81(c) the school's projected enrollment used in the calculation of the open enrollment
82threshold;
83(d) actual enrollment on October 1, January 2, and April 1;
84(e) the number of nonresident student enrollment requests;
85(f) the number of nonresident student enrollment requests accepted; and
86(g) the number of resident students transferring to another school.
87Section 2. Section 53G-6-604 is amended to read:
8853G-6-604 . Requirement of school record for transfer of student -- Procedures.
89   (1) Except as provided in Section 53E-3-905, a school shall request a certified copy of a
90transfer student's record, directly from the transfer student's previous school[, within 14
91days after enrolling the transfer student].
92   (2)(a)(i) Except as provided in Subsection (2)(b) and Section 53E-3-905, a school
93requested to forward a certified copy of a transferring student's record to the new
94school shall comply within [30] 10 school days of the request.
95(ii) The student record shall include the student's discipline file including any
96safe-school violation, reintegration, or threat assessment.
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97(b) If the record has been flagged [pursuant to] in accordance with Section 53G-6-602, a
98school may not forward the record to the new school and the requested school shall
99notify the division of the request.
100(c) A school may not enroll a student unless the student record from the previous school
101is received or the school administrator or designee reviews the data gateway for any
102safe-school violation, reintegration, or threat assessment.
103Section 3. Section 53G-8-213 is amended to read:
10453G-8-213 . Reintegration plan for student alleged to have committed violent
105   felony or weapon offense.
106   (1) As used in this section,"multidisciplinary team" means:
107(a) the local education agency or designee;
108(b) the juvenile court or designee;
109(c) the Division of Juvenile Justice and Youth Services or designee;
110(d) a school safety and security specialist designated under Section 53G-8-701.6 or
111designee if applicable;
112(e) school safety and security director designated under Section 53G-8-701.8 or designee
113if applicable;
114(f) a school resource officer if applicable; [and] or
115(g) any other relevant party that should be involved in a reintegration plan.
116   (2)(a) If [a school district] an LEA receives a notification from the juvenile court or a law
117enforcement agency that a student was arrested for, charged with, or adjudicated in
118the juvenile court for a serious offense, the LEA and the relevant school shall develop
119a reintegration plan for the student with a multidisciplinary team, the student, and the
120student's parent or guardian, within [five] seven school days after the day on which
121the school receives a notification while school is in session.
122(b) If an LEA receives a notification when school is not in session from the juvenile
123court or a law enforcement agency that a student was arrested for, charged with, or
124adjudicated in the juvenile court for a serious offense, the school shall develop a
125reintegration plan for the student with a multidisciplinary team, the student, and the
126student's parent within seven school days of school being back in session from
127summer break.
128   (3) The relevant school described in Subsection (2) may deny admission to the student until
129the school completes the reintegration plan under Subsection (2).
130   (4)(a) The reintegration plan under Subsection (2) shall [address] include:
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131[(a)] (i) a behavioral intervention for the student;
132[(b)] (ii) a short-term mental health or counseling service for the student;
133[(c)] (iii) an academic intervention for the student; [and] or
134(iv) any other interventions that the multidisciplinary team, the student, and the
135student's parent or guardian determine are necessary.
136[(d)] (b) [if] If the serious offense was directed at a school employee or another student
137within the school, notification of the reintegration plan to that school employee or
138student and the student's parent.
139   (5) [A school district ] An LEA may not reintegrate a student into a school where:
140(a) a student or staff member has a protective order against the student being
141reintegrated; or
142(b) a student or staff member is the victim of [a] [sexual crime or forcible felony
143committed by the student being reintegrated] an offense listed in Section 76-3-203.5
144where the student is seeking reintegration or continued enrollment has been found to
145be adjudicated.
146   (6) A reintegration plan under this section will remain in effect for an entire school year or
147180 days from the plan's implementation, or as long as the multidisciplinary team deems
148the reintegration plan necessary.
149   [(6)] (7)(a) Notwithstanding Subsection (2), [a school district] an LEA may elect to not
150integrate a student into a school if the student has committed, or allegedly committed,
151a forcible felony.
152(b) If [a school district] an LEA elects to not integrate a student under Subsection [(6)(a)]
153(7)(a), the school district shall provide alternative education options for the student.
154   [(7)] (8) A reintegration plan under this section is classified as a protected record under
155Section 63G-2-305.
156   [(8)] (9) All other records of disclosures under this section are governed by Title 63G,
157Chapter 2, Government Records Access and Management Act, and the Family
158Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
159Section 4. Section 53G-8-403 is amended to read:
16053G-8-403 . Superintendent required to notify school.
161   (1) "LEA head" means the superintendent of a school district or the director of a charter
162school.
163   (2) Within three days of receiving a notification from the juvenile court or a law
164enforcement agency under Section 80-6-103, the LEA head or LEA head's designee
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165shall notify the principal of the school the juvenile attends or last attended.
166   (3) Upon receipt of the information, the principal shall:
167(a) make a notation in a secure file other than the student's permanent file; and
168(b) if the student is still enrolled in the school, notify staff members who, in his opinion,
169should know of the adjudication.
170   (4) A person receiving information [pursuant to] in accordance with this part may only
171disclose the information to other persons having both a right and a current need to know.
172   (5) Access to secure files shall be limited to persons authorized to receive information
173under this part.
174   (6) Beginning no later than July 1, 2025, an LEA shall digitally maintain the [secure]
175cumulative file described in Subsection (3) or, if available, the [students ] student's
176related reintegration plan described in 53G-8-213, for one year from the day the notice is
177received and ensure the secure file follows the student if the student transfers to a
178different school or LEA.
179Section 5. Section 53G-9-902 is amended to read:
18053G-9-902 . Informed parental consent required -- Parental notification required.
181   (1) Except as provided in a student's IEP or Section 504 accommodation plan:
182(a) an individual who is not authorized personnel may not provide a restricted service;
183and
184(b) authorized personnel may not provide a restricted service:
185(i) outside the scope of the relevant license; or
186(ii) with other students present.
187   (2) For authorized personnel to provide a restricted service,[:]
188[(a)] the relevant LEA, school, or authorized personnel shall obtain informed written
189parental consent before the first session of a restricted service in a given school year,
190using a standard form that includes:
191[(i)] (a) fields for at least the following information:
192[(A)] (i) the name of the student;
193[(B)] (ii) the name of the individual giving informed consent; and
194[(C)] (iii) the name of each authorized personnel who has authority under the
195informed written consent to provide a restricted service;
196[(ii)] (b) a statement that the authorized personnel will provide information about the
197restricted service [in accordance with Subsection (2)(b)], including that the parent has
198the right to opt out of receiving notifications at any time; and
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199[(iii)] (c) a statement that authorized personnel will adhere to the topics or issues the
200parent identifies, in collaboration with authorized personnel, for discussion or
201exclusion with the student under Subsection (3)(a), except that the authorized
202personnel may address topics if the omission would compromise the student's
203immediate safety, the omission would violate mandatory reporting obligations, or,
204based on behaviors or statements the authorized personnel observes, the authorized
205personnel determines a need to assess the student's safety[; and] .
206[(b) unless the student's parent opts out of receiving notifications from the authorized
207personnel under this Subsection (2)(b), within one business day after each session of
208a restricted service, the authorized personnel shall provide to the student's parent:]
209[(i) notice that the restricted service took place; and]
210[(ii) a description of the topic of the restricted service.]
211   (3)(a)(i) When obtaining the informed written parental consent described in
212Subsection [(2)(a)] (2), the LEA, school, or authorized personnel shall, through
213consultation with the parent, provide the parent an opportunity to identify topics
214or issues the parent intends the authorized personnel to address or to not address
215with the student.
216(ii) Except as described in Subsection (3)(a)(iii), authorized personnel may not
217address a topic or issue for which a parent has expressly stated an intent for
218authorized personnel to not address with the student under this Subsection (3)(a).
219(iii) Subsection (3)(a)(ii) does not apply if:
220(A) an omission within a restricted service would compromise the student's
221immediate safety; or
222(B) the student discloses information that creates a duty on the authorized
223personnel to make a mandatory report for the purpose of discussing the
224information with the student to the extent necessary to make the report,
225including for suspected cases of child abuse or neglect under Section 80-2-602,
226abuse of a student under Section 53E-6-701, or any other legally mandated
227duty to report an incident.
228(b)(i) The requirement to obtain prior informed written parental consent before
229providing a restricted service described in Subsection [(2)(a)] (2) does not apply in
230a case in which a delay to contact a parent would create an immediate serious risk
231of suicide or serious bodily injury, as defined in Section 76-1-101.5, to the student
232or to another individual.
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233(ii) For a circumstance described in Subsection (3)(b)(i), the LEA, school, or
234authorized personnel shall notify a parent in accordance with Section 53G-9-604.
235(c) A student's IEP or Section 504 accommodation plan that includes a restricted service
236satisfies the informed parental consent requirement described in Subsection [(2)(a)] (2).
237   (4)(a) The state board may make rules, in accordance with Title 63G, Chapter 3, Utah
238Administrative Rulemaking Act, regarding the application of this section to the
239actions of educators and staff in the public education system.
240(b) The state board shall, in consultation with the Department of Health and Human
241Services, provide guidance to authorized personnel, educators, and school support
242staff on conduct and practices that constitute and do not constitute a restricted service.
243   (5) Nothing in this part authorizes an individual to take an action that exceeds the scope of
244the individual's license or certification.
245   (6) This section does not apply to a service a student accesses through the SafeUT Crisis
246Line established in Section 53H-4-210.
247Section 6. Section 63M-7-208 is amended to read:
24863M-7-208 . Juvenile justice oversight -- Delegation -- Effective dates.
249   (1) The State Commission on Criminal and Juvenile Justice shall:
250(a) support implementation and expansion of evidence-based juvenile justice programs
251and practices, including assistance regarding implementation fidelity, quality
252assurance, and ongoing evaluation;
253(b) examine and make recommendations on the use of third-party entities or an
254intermediary organization to assist with implementation and to support the
255performance-based contracting system authorized in Subsection (1)(m);
256(c) oversee the development of performance measures to track juvenile justice reforms,
257and ensure early and ongoing stakeholder engagement in identifying the relevant
258performance measures;
259(d) evaluate currently collected data elements throughout the juvenile justice system and
260contract reporting requirements to streamline reporting, reduce redundancies,
261eliminate inefficiencies, and ensure a focus on recidivism reduction;
262(e) review averted costs from reductions in out-of-home placements for juvenile justice
263youth placed with the Division of Juvenile Justice and Youth Services and the
264Division of Child and Family Services, and make recommendations to prioritize the
265reinvestment and realignment of resources into community-based programs for youth
266living at home, including the following:
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267(i) statewide expansion of:
268(A) juvenile receiving centers, as defined in Section 80-1-102;
269(B) mobile crisis outreach teams, as defined in Section 26B-5-101;
270(C) youth courts; and
271(D) victim-offender mediation;
272(ii) statewide implementation of nonresidential diagnostic assessment;
273(iii) statewide availability of evidence-based programs and practices including
274cognitive behavioral and family therapy programs for minors assessed by a
275validated risk and needs assessment as moderate or high risk;
276(iv) implementation and infrastructure to support the sustainability and fidelity of
277evidence-based juvenile justice programs, including resources for staffing,
278transportation, and flexible funds; and
279(v) early intervention programs such as family strengthening programs, family
280wraparound services, and proven truancy interventions;
281      (f) assist the Administrative Office of the Courts in the development of a statewide
282sliding scale for the assessment of fines, fees, and restitution, based on the ability of
283the minor's family to pay;
284      (g) analyze the alignment of resources and the roles and responsibilities of agencies,
285such as the operation of early intervention services, receiving centers, and diversion,
286and make recommendations to reallocate functions as appropriate, in accordance with
287Section 80-5-401;
288      (h) comply with the data collection and reporting requirements under Section 80-6-104;
289      (i) develop a reasonable timeline within which all programming delivered to minors in
290the juvenile justice system [must] shall be evidence-based or consist of practices that
291are rated as effective for reducing recidivism by a standardized program evaluation
292tool;
293      (j) provide guidelines to be considered by the Administrative Office of the Courts and
294the Division of Juvenile Justice and Youth Services in developing tools considered
295by the Administrative Office of the Courts and the Division of Juvenile Justice and
296Youth Services in developing or selecting tools to be used for the evaluation of
297juvenile justice programs;
298      (k) develop a timeline to support improvements to juvenile justice programs to achieve
299reductions in recidivism and review reports from relevant state agencies on progress
300toward reaching that timeline;
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301(l) subject to Subsection (2), assist in the development of training for juvenile justice
302stakeholders, including educators, law enforcement officers, probation staff, judges,
303Division of Juvenile Justice and Youth Services staff, Division of Child and Family
304Services staff, and program providers;
305(m) subject to Subsection (3), assist in the development of a performance-based
306contracting system, which shall be developed by the Administrative Office of the
307Courts and the Division of Juvenile Justice and Youth Services for contracted
308services in the community and contracted out-of-home placement providers;
309(n) assist in the development of a validated detention risk assessment tool that is
310developed or adopted and validated by the Administrative Office of the Courts and
311the Division of Juvenile Justice and Youth Services as provided in Section 80-5-203;
312and
313(o) annually issue and make public a report to the governor, president of the Senate,
314speaker of the House of Representatives, and chief justice of the Utah Supreme Court
315on the progress of the reforms and any additional areas in need of review.
316   (2) Training described in Subsection (1)(l) should include instruction on evidence-based
317programs and principles of juvenile justice, such as risk, needs, responsivity, and
318fidelity, and [shall ] changes in legislation that impact the juvenile justice system and
319may be supplemented by the following topics:
320(a) adolescent development;
321(b) identifying and using local behavioral health resources;
322(c) cross-cultural awareness;
323(d) graduated responses;
324(e) Utah juvenile justice system data and outcomes; and
325(f) gangs.
326   (3) The system described in Subsection (1)(m) shall provide incentives for:
327(a) the use of evidence-based juvenile justice programs and practices rated as effective
328by the tools selected in accordance with Subsection (1)(j);
329(b) the use of three-month timelines for program completion; and
330(c) evidence-based programs and practices for minors living at home in rural areas.
331   (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
332imposed under this section to a subcommittee or board established by the State
333Commission on Criminal and Juvenile Justice in accordance with Subsection
33463M-7-204(2).
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335Section 7. Section 80-6-103 is amended to read:
33680-6-103 . Notification to a school -- Civil and criminal liability.
337   (1) As used in this section:
338(a) "School" means a school in a local education agency.
339(b) "Local education agency" means a school district, a charter school, or the Utah
340Schools for the Deaf and the Blind.
341(c) "School official" means the superintendent of a school district or the director of a
342charter school or designee in which the minor resides or attends school.
343(d) "Serious offense" means:
344(i) a violent felony as defined in Section 76-3-203.5;
345(ii) an offense that is a violation of an offense under Title 76, Chapter 6, Part 4, Theft,
346and the property stolen is a firearm; or
347(iii) an offense that is a violation of an offense under Title 76, Chapter 11, Weapons.
348(e) "Transferee school official" means the superintendent of a school district or the
349director of a charter school or designee in which the minor resides or attends school if
350the minor is admitted to home detention.
351   (2) A notification under this section is provided for a minor's supervision and student safety.
352   (3)(a) If a minor is taken into temporary custody under Section 80-6-201 for a serious
353offense, the peace officer, or other person who has taken the minor into temporary
354custody, shall notify a school official within five days after the day on which the
355minor is [taken into] released from temporary custody.
356(b) A notification under this Subsection (3) shall only disclose:
357(i) the name of the minor;
358(ii) the offense for which the minor was taken into temporary custody or admitted to
359detention; and
360(iii) if available, the name of the victim if the victim resides in the same school
361district as the minor or attends the same school as the minor.
362   (4) After a detention hearing for a minor who is alleged to have committed a serious
363offense, the juvenile court shall order a juvenile probation officer to notify a school
364official, or a transferee school official, and the appropriate local law enforcement agency
365of the juvenile court's decision, including any disposition, order, or no-contact order.
366   (5) If a designated staff member of a detention facility admits a minor to home detention
367under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
368court shall order a juvenile probation officer to notify a school official, or a transferee
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369school official, and the appropriate local law enforcement agency that the minor has
370been admitted to home detention.
371   (6)(a) If the juvenile court adjudicates a minor for a serious offense, the juvenile court
372shall order a juvenile probation officer to notify a school official, or a transferee
373school official, of the adjudication.
374(b) A notification under this Subsection (6) shall be given to a school official, or a
375transferee school official, within three days after the day on which the minor is
376adjudicated.
377(c) A notification under this section shall include:
378(i) the name of the minor;
379(ii) the offense for which the minor was adjudicated; and
380(iii) if available, the name of the victim if the victim:
381(A) resides in the same school district as the minor; or
382(B) attends the same school as the minor.
383   (7) If the juvenile court orders formal probation under Section 80-6-702, the juvenile court
384shall order a juvenile probation officer to notify the appropriate local law enforcement
385agency and the school official of the juvenile court's order for formal probation.
386   (8)(a) An employee of the local law enforcement agency, or the school the minor
387attends, who discloses a notification under this section is not:
388(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
389provided in Section 63G-7-202; and
390(ii) civilly or criminally liable except when the disclosure constitutes a knowing
391violation of Section 63G-2-801.
392(b) An employee of a governmental agency is immune from any criminal liability for
393failing to provide the information required by this section, unless the employee fails
394to act due to malice, gross negligence, or deliberate indifference to the consequences.
395   (9)(a) A notification under this section shall be classified as a protected record under
396Section 63G-2-305.
397(b) All other records of disclosures under this section are governed by Title 63G,
398Chapter 2, Government Records Access and Management Act, and the Family
399Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
400Section 8. Effective Date.
401   This bill takes effect on May 6, 2026.
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