SB 181

Enrolled Copy  S.B. 181
1School Discipline Amendments
                                      2026 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Luz Escamilla
                                 House Sponsor: Jason E. Thompson
2
3  LONG TITLE
4  General Description:
5      This bill establishes minimum safety standards for seclusion rooms in schools.
6  Highlighted Provisions:
7      This bill:
8      ▸ establishes minimum physical standards for seclusion rooms including room size, ceiling
9  height, construction materials, and structural integrity requirements;
10      ▸ requires proper lighting with fixtures located outside the room and controls that prevent
11  student access;
12      ▸ mandates adequate ventilation, heating, and cooling systems comparable to other school
13  rooms;
14      ▸ sets safety requirements including prohibition of dangerous objects, unbreakable
15  windows, and specific door and locking mechanism standards;
16      ▸ requires audio and video recording equipment that records all activities during seclusion;
17      ▸ ensures compliance with federal and state student privacy laws;
18      ▸ ensures compliance with state and local fire and building codes;
19      ▸ applies standards to both existing seclusion rooms and any new school construction that
20  includes seclusion rooms;
21      ▸ gives the State Board of Education authority to adopt additional rules for safety standards,
22  compliance verification, and program administration;
23      ▸ integrates the new standards into existing policy, documentation, and enforcement
24  requirements; and
25      ▸ makes conforming changes.
26  Money Appropriated in this Bill:
27      None
S.B. 181  Enrolled Copy
28   Other Special Clauses:
29This bill provides a special effective date.
30   Utah Code Sections Affected:
31   AMENDS:
3253G-8-301, as repealed and reenacted by Laws of Utah 2025, Chapter 327
33
34   Be it enacted by the Legislature of the state of Utah:
35Section 1. Section 53G-8-301 is amended to read:
3653G-8-301 . Emergency safety interventions -- Appropriate uses -- Penalties.
37   (1) As used in this section:
38(a) "Corporal punishment" means the intentional infliction of physical pain upon the
39body of a student as a disciplinary measure.
40(b) "Emergency safety intervention" means the use of seclusion or physical restraint
41when a student presents an immediate danger to self or others.
42(c) "Physical escort" means a temporary touching or holding of the hand, wrist, arm,
43shoulder, or back for the purpose of guiding a student to another location.
44(d) "Physical restraint" means a personal restriction that immobilizes or significantly
45reduces the ability of a student to move the student's arms, legs, body, or head freely.
46(e) "School" means a public or private elementary school, secondary school, or
47preschool.
48(f) "Seclusion" means seclusionary time out that is the involuntary confinement of a
49student alone in a room or area from which the student is physically prevented from
50leaving, including:
51(i) placing a student in a locked room; or
52(ii) placing a student in a room where the door is blocked by furniture or held closed
53by staff.
54(g) "Student" means an individual who is:
55(i) under the age of 19 and receiving educational services; or
56(ii) under the age of 23 and receiving educational services as an individual with a
57disability.
58   (2)(a) A school employee shall first use the least restrictive intervention available to the
59school employee, including a physical escort, to address circumstances described in
60Subsection (4).
61(b) Nothing in this section prohibits a school employee from subsequently using less
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62restrictive interventions to address circumstances described in Subsection (4).
63  (3)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
64      the state board shall make rules to:
65(i) establish guidelines and best practices that consider individual student needs
66related to emergency safety interventions described in Subsection (10)(b);
67(ii) establish intervention reporting requirements;
68(iii) create school staff training standards that may be included in an existing training;
69(iv) develop parental notification procedures;
70(v) implement data collection and review processes;
71(vi) establish [investigation] data review protocols;
72(vii) establish data collection and reporting requirements for an LEA regarding:
73(A) incidents of seclusion;
74(B) alternative interventions used;
75(C) student demographic information, including sex, gender, age, grade in school,
76and applicable disability status; and
77(D) incident outcomes[.] ; and
78(viii) establish standards for seclusion rooms as described in Subsection (14).
79      (b) The state board shall include [the information described in Subsection (3)(a)] data
80collected under Subsection (3)(a)(vii) in the State Superintendent's Annual Report
81described in Section 53E-1-203.
82  (4) A school employee may use reasonable and necessary physical restraint only:
83      (a) in self defense;
84      (b) to obtain possession of a weapon or other dangerous object in the possession or
85under the control of a student;
86      (c) to protect a student or another individual from physical injury;
87      (d) to remove from a situation a student who is violent; or
88      (e) to protect property from being damaged, when physical safety is at risk.
89  (5)(a) A school employee may not inflict or cause the infliction of corporal punishment
90      upon a student.
91      (b) The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child
92Abuse and Neglect Reports, apply to complaints on corporal punishment.
93      (c) Evidence of corporal punishment that would qualify as reasonable discipline under
94Section 76-2-401 is insufficient to establish liability in a civil or criminal action.
95      (d) Subject to the Rules of Evidence, evidence of corporal punishment that exceeds
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96reasonable discipline under Section 76-2-401 may be used by a court to establish
97civil or criminal liability.
98   (6) School authorities shall take prompt and appropriate action, including in-service
99training and other administrative action, upon confirming a violation of this section with
100respect to corporal punishment violations.
101   (7) The Division of Child and Family Services shall maintain all violation reports made in
102accordance with this section under the confidentiality requirements of Section 80-2-1005.
103   (8) A school or individual who makes a good faith report or cooperates in an investigation
104shall receive immunity from civil or criminal liability.
105   (9) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration may
106take appropriate action against any employing entity if the court finds that the
107employing entity has not taken reasonable steps to enforce the provisions of this part.
108   (10) A school:
109(a) may not:
110(i) enforce any rule, policy, or directive that permits acts prohibited by this section;
111(ii) sanction an employee who refuses to commit a prohibited act; or
112(iii) except as provided in Subsection (10)(b), use seclusion:
113(A) as [an] a behavior intervention or disciplinary practice;
114(B) for coercion, retaliation, or humiliation; or
115(C) due to inadequate staffing or for the staff member's convenience;
116(b) for a student in grade 1 or higher, may use seclusion as an emergency safety
117intervention only when:
118(i) the LEA has developed and implemented written policies and procedures that:
119(A) describe the circumstances under which a staff member may use seclusion,
120including compliance with Subsection (14);
121(B) describe which staff members are authorized to use seclusion;
122(C) describe procedures for monitoring a student that is in seclusion;
123(D) describe time limitations on the use of seclusion;
124(E) require immediate and continuous review of the decision to use seclusion;
125(F) require documenting the use of seclusion;
126(G) describe record keeping requirements for records related to the use of
127seclusion; and
128(H) require debriefing of all witnesses, involved staff members, the student who
129was secluded, and the parent of the student who was secluded;
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130(ii) a student poses an immediate and significant threat to the student or others;
131(iii) less restrictive interventions have failed;
132(iv) a staff member who is familiar to the student is actively supervising the student
133for the duration of the seclusion; and
134(v) the use is time-limited to a maximum time of 30 minutes and monitored;
135      (c) if seclusion was used, shall document the reason for its use, duration, and any
136alternative strategies attempted, and whether the room complied with Subsection (14); [
137and]
138      (d) shall notify parents immediately, and not to exceed 15 minutes after the use, of any
139emergency safety intervention used on the parent's child, including seclusion or
140physical restraint[.] ; and
141      (e) if a parent or guardian cannot be reached after 15 minutes as required in Subsection
142(10)(d), and the 30-minute time limit in Subsection (10)(b)(v) has been reached, may:
143(i) conduct a reassessment of the student's condition;
144(ii) determine whether the student continues to pose an immediate and significant
145threat to the student or others; and
146(iii) if the LEA determines that the threat continues and that less restrictive
147interventions remain ineffective, place the student back in seclusion for an
148additional period not to exceed 30 minutes, after which the process described in
149this Subsection (10)(e) shall be repeated if necessary.
150  (11) An LEA shall collect and report data to the state board annually regarding:
151      (a) an incident; and
152      (b) for each incident, the:
153(i) duration of an emergency safety intervention used to respond to the incident;
154(ii) stated purpose for any emergency safety intervention used;
155(iii) alternative [interventions] de-escalation strategies attempted;
156(iv) student demographic information, including sex, gender, age, grade in school,
157and applicable disability status; and
158(v) relevant training offered to staff and if the staff involved received the relevant
159training without revealing the identity of the staff member.
160  (12) This section does not apply to:
161      (a) a law enforcement officer as defined in Section 53-13-103;
162      (b) a parochial or private school that:
163(i) does not receive state funds;
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164(ii) adopts a policy of exemption from this section; and
165(iii) notifies the parents of students in the school of the exemption; or
166(c) behavior support intervention which is in compliance with:
167(i) Section 76-2-401; and
168(ii) state and local rules adopted under Section 53E-7-204.
169   [(13) Any violations of this section, including violations of any standards for seclusion or
170physical restraint established by the state board pursuant to this section, shall:]
171[(a) constitute an act of unlawful detention and is subject to the penalty described in
172Section 76-5-304; and]
173[(b) result in a referral to:]
174[(i) local law enforcement; and]
175[(ii) the Utah Professional Practices Advisory Commission established in Section
17653E-6-501.]
177   (13)(a) A violation of the physical standards for seclusion rooms established in
178Subsection (14) shall be addressed as follows:
179(i) by or reported to the LEA, the LEA shall:
180(A) notify the LEA's local school board or charter school governing board;
181(B) develop a corrective action plan; and
182(C) report the violation and corrective action plan to the state board within a
183timeframe established by the state board in rule;
184(ii) if a violation is identified by or reported to the state board, the state board shall
185refer the matter to the LEA for investigation and corrective action under
186Subsection (13)(a)(i); and
187(iii) if the LEA fails to develop a corrective action plan or does not achieve
188compliance within a reasonable timeframe established by the state board, the state
189board shall take further action.
190(b) A violation of the use requirements in Subsection (10), including improper use of
191seclusion or physical restraint, failure to notify parents within the required timeframe,
192or failure to properly document use, shall result in:
193(i) investigation by the LEA;
194(ii) appropriate disciplinary action against involved staff; and
195(iii) corrective measures to prevent future violations.
196(c) A violation that constitutes unlawful detention, including use of seclusion or physical
197restraint that does not meet the requirements of Subsection (10)(b) or involves
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198prohibited conduct under Subsection (10)(a), shall:
199(i) constitute an act of unlawful detention and is subject to the penalty described in
200Section 76-5-304; and
201(ii) result in a referral to:
202(A) local law enforcement; and
203(B) the Utah Professional Practices Advisory Commission established in Section
20453E-6-501.
205  (14)(a) If an LEA operates a seclusion room, the seclusion room shall comply with the
206      standards described in this Subsection (14) in accordance with the procedures and
207      interim milestones established by the state board under Subsection (14)(i)(iv).
208      (b) All new school construction that includes plans for a seclusion room shall have
209seclusion rooms that comply with this Subsection (14).
210      (c) A seclusion room shall meet the following physical standards:
211(i) have a minimum interior area of 60 square feet;
212(ii) have a minimum distance of six feet between opposing walls;
213(iii) have a ceiling height that is comparable to other rooms in the building in which
214the seclusion room is located, but in no case less than eight feet;
215(iv) be constructed of materials that cannot be used to harm the occupant or others;
216(v) be free of open electrical outlets and exposed wiring;
217(vi) be designed so that a student cannot climb the walls;
218(vii) have walls that are part of the structural integrity of the building and may not
219consist of free-standing cells or portable units attached to existing walls or floors,
220except that manufactured safety units that are permanently anchored and bolted to
221the building structure and that meet all other requirements of this Subsection (14)
222are permitted;
223(viii) be free of objects, fixtures, and materials that pose a danger to the occupant;
224(ix) have ceilings, floors, and walls that are free of loose, torn, or potentially
225hazardous materials; and
226(x) contain no free-standing furniture.
227      (d) A seclusion room shall meet the following lighting requirements:
228(i) be properly lighted at all times;
229(ii) have light fixtures and electrical receptacles that are recessed or constructed to
230prevent the occupant from causing harm to the occupant's self; and
231(iii) have light controls located outside the seclusion room.
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232(e) A seclusion room shall meet the following ventilation and climate requirements:
233(i) be properly ventilated;
234(ii) be equipped with heating, cooling, ventilation, and lighting that is comparable to
235other rooms in the building;
236(iii) have natural or mechanical ventilation in compliance with state law including
237relevant administrative rules; and
238(iv) be maintained at a temperature that is within the normal comfort range and
239consistent with the rest of the building.
240(f) A seclusion room shall meet the following safety requirements:
241(i) if the seclusion room has windows, the windows shall be transparent and made of
242unbreakable or shatterproof glass or plastic;
243(ii) the door shall permit continuous visual and auditory monitoring by staff;
244(iii) the door shall have a vision panel that:
245(A) consists of clear, one-fourth inch thick, unbreakable material;
246(B) is flush with the interior face of the door;
247(C) is positioned to allow staff to continuously observe the student; and
248(D) is not covered with any material;
249(iv) the door shall have only a push panel exposed on the interior of the room; and
250(v) if a locking mechanism is used on the door, the mechanism shall:
251(A) engage only when a key, handle, knob, or similar device is actively held in
252position by a person; or
253(B) be an electrically or electronically controlled mechanism that automatically
254releases when the building's fire alarm system is triggered.
255(g) A seclusion room shall be equipped with audio and video recording equipment that:
256(i) records all activities that occur in the seclusion room during use;
257(ii) includes audio recording capability;
258(iii) maintains recordings in accordance with retention requirements established by
259the state board in rule, which shall balance evidence preservation needs with data
260storage costs and student privacy protections;
261(iv) provides immediate access to recordings for administrative review;
262(v) complies with applicable student privacy requirements, including:
263(A) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
264(B) the student data privacy requirements in Title 53E, Chapter 9, Student Data
265Privacy and Collection; and
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266(C) other applicable state and federal privacy laws; and
267(vi) ensures that access to recordings is limited to:
268(A) school administrators conducting investigations;
269(B) parents or guardians of the student who was secluded;
270(C) individuals authorized under applicable privacy laws; and
271(D) law enforcement when required by law or court order.
272      (h) A seclusion room shall comply with:
273(i) state and local fire codes;
274(ii) other applicable building codes; and
275(iii) relevant administrative rules.
276      (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
277state board shall make rules regarding:
278(i) additional safety standards for seclusion rooms;
279(ii) procedures for verifying LEA compliance with this Subsection (14);
280(iii) requirements for periodic safety inspections of seclusion rooms, which shall be
281conducted by the LEA, including procedures for the state board to take action
282against an LEA that fails to conduct required inspections or fails to meet the
283standards of this Subsection (14); and
284(iv) procedures and interim milestones for existing seclusion rooms to achieve
285compliance with this Subsection (14), which procedures shall allow the LEA to
286determine a reasonable timeline for compliance as described in Subsection
287(15)(a)(i)(D).
288  (15)(a) An LEA that operates or plans to construct a seclusion room shall:
289(i) report to the state board by December 31, 2026:
290(A) the location of each existing seclusion room;
291(B) the current compliance status of each existing seclusion room with the
292requirements of Subsection (14);
293(C) any plans to construct new seclusion rooms; and
294(D) the LEA's plan and timeline for achieving compliance with Subsection (14)
295for each existing and planned seclusion room; and
296(ii) provide updated reports as requested by the state board.
297      (b) This Subsection (15) does not exempt an LEA from compliance with the use
298requirements in Subsection (10).
299Section 2. Effective Date.
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300   This bill takes effect on July 1, 2026.
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