SB 167

Enrolled Copy  S.B. 167
1Reintegration for Disciplined Students
                                     2026 GENERAL SESSION
                                          STATE OF UTAH
                                   Chief Sponsor: Daniel McCay
                                  House Sponsor: Angela Romero
2
3  LONG TITLE
4  General Description:
5      This bill modifies provisions related to reintegration and enrollment of students with
6  disciplinary issues.
7  Highlighted Provisions:
8      This 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:
17      None
18  Other Special Clauses:
19      None
20  Utah Code Sections Affected:
21  AMENDS:
22      53G-6-403, as last amended by Laws of Utah 2019, Chapter 293
23      53G-6-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
24      53G-8-213, as last amended by Laws of Utah 2025, Chapter 348
25      53G-8-403, as last amended by Laws of Utah 2024, Chapter 532
26      63M-7-208, as last amended by Laws of Utah 2024, Chapter 240
27      80-6-103, as last amended by Laws of Utah 2025, Chapters 173, 208
S.B. 167  Enrolled Copy
28
29   Be it enacted by the Legislature of the state of Utah:
30Section 1. Section 53G-6-403 is amended to read:
3153G-6-403 . Policies for acceptance and rejection of applications.
32   (1)(a) A local school board shall adopt policies governing acceptance and rejection of
33applications required under Section 53G-6-402.
34(b) The policies adopted under Subsection (1)(a) shall include policies and procedures to
35assure that decisions regarding enrollment requests are administered fairly without
36prejudice to any student or class of student, except as provided in Subsection (2).
37   (2) Standards for accepting or rejecting an application for enrollment may include:
38(a) for an elementary school, the capacity of the grade level;
39(b) for a secondary school, the capacity of a comprehensive program;
40(c) maintenance of heterogeneous student populations if necessary to avoid violation of
41constitutional or statutory rights of students;
42(d) not offering, or having capacity in, an elementary or secondary special education or
43other special program the student requires;
44(e) maintenance of reduced class sizes:
45(i) in a Title I school that uses federal, state, and local money to reduce class sizes for
46the purpose of improving student achievement; or
47(ii) in a school that uses school trust money to reduce class size;
48(f) willingness of prospective students to comply with district policies; and
49(g) giving priority to intradistrict transfers over interdistrict transfers.
50   (3)(a) Standards for accepting or rejecting applications for enrollment may not include:
51(i) previous academic achievement;
52(ii) athletic or other extracurricular ability;
53(iii) the fact that the student requires special education services for which space is
54available;
55(iv) proficiency in the English language; or
56(v) previous disciplinary proceedings, except as provided in Subsection (3)(b).
57(b) A local school board may provide for the denial of applications from students who:
58(i) have committed serious infractions of the law or school policies, including
59policies of the district in which enrollment is sought; [or]
60(ii) have been guilty of chronic misbehavior which would, if it were to continue after
61the student was admitted:
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62(A) endanger persons or property;
63(B) cause serious disruptions in the school; or
64(C) place unreasonable burdens on school staff[.] ; or
65(iii) have any school safety incidents or safe-school violations.
66      (c) A local school board may also provide for provisional enrollment of students with
67prior behavior problems, establishing conditions under which enrollment of a
68nonresident student would be permitted or continued.
69  (4)(a) The state board, in consultation with the Utah High School Activities Association,
70      shall establish policies regarding nonresident student participation in interscholastic
71      competition.
72      (b) Nonresident students shall be eligible for extracurricular activities at a public school
73consistent with eligibility standards as applied to students that reside within the
74school attendance area, except as provided by policies established under Subsection
75(4)(a).
76  (5) For each school in the district, the local school board shall post on the school district's
77      website:
78      (a) the school's maximum capacity;
79      (b) the school's adjusted capacity;
80      (c) the school's projected enrollment used in the calculation of the open enrollment
81threshold;
82      (d) actual enrollment on October 1, January 2, and April 1;
83      (e) the number of nonresident student enrollment requests;
84      (f) the number of nonresident student enrollment requests accepted; and
85      (g) the number of resident students transferring to another school.
86Section 2. Section 53G-6-604 is amended to read:
8753G-6-604 . Requirement of school record for transfer of student -- Procedures.
88  (1) Except as provided in Section 53E-3-905, a school shall request a certified copy of a
89      transfer student's record, directly from the transfer student's previous school[, within 14
90      days after enrolling the transfer student].
91  (2)(a)(i) Except as provided in Subsection (2)(b) and Section 53E-3-905, a school
92      requested to forward a certified copy of a transferring student's record to the new
93      school shall comply within [30] five school days of the request.
94(ii) The student record shall include the student's discipline file including any
95safe-school violation, reintegration, or threat assessment.
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96(b) If the record has been flagged [pursuant to] in accordance with Section 53G-6-602, a
97school may not forward the record to the new school and the requested school shall
98notify the division of the request.
99(c) A school may not enroll a student unless the student record from the previous school
100is received or the school administrator or designee reviews the data gateway for any
101safe-school violation, reintegration, or threat assessment.
102Section 3. Section 53G-8-213 is amended to read:
10353G-8-213 . Reintegration plan for student alleged to have committed violent
104   felony or weapon offense.
105   (1) As used in this section, "multidisciplinary team" means:
106(a) the local education agency or designee;
107(b) the juvenile court or designee;
108(c) the Division of Juvenile Justice and Youth Services or designee;
109(d) a school safety and security specialist designated under Section 53G-8-701.6 or
110designee if applicable;
111(e) school safety and security director designated under Section 53G-8-701.8 or designee
112if applicable;
113(f) a school resource officer if applicable; [and] or
114(g) any other relevant party that should be involved in a reintegration plan.
115   (2)(a) If [a school district] an LEA receives a notification from the juvenile court or a law
116enforcement agency that a student was arrested for, charged with, or adjudicated in
117the juvenile court for a serious offense, the LEA and the relevant school shall develop
118a reintegration plan for the student with a multidisciplinary team, the student, and the
119student's parent or guardian, within [five] seven school days after the day on which
120the school receives a notification while school is in session.
121(b) If an LEA receives a notification when school is not in session from the juvenile
122court or a law enforcement agency that a student was arrested for, charged with, or
123adjudicated in the juvenile court for a serious offense, the school shall develop a
124reintegration plan for the student with a multidisciplinary team, the student, and the
125student's parent within seven days of school being back in session from summer
126break.
127   (3) The relevant school described in Subsection (2) may deny admission to the student until
128the school completes the reintegration plan under Subsection (2).
129   (4)(a) The reintegration plan under Subsection (2) shall [address] include:
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130[(a)] (i) a behavioral intervention for the student;
131[(b)] (ii) a short-term mental health or counseling service for the student;
132[(c)] (iii) an academic intervention for the student; [and] or
133(iv) any other interventions that the multidisciplinary team, the student, and the
134student's parent or guardian determine are necessary.
135      [(d)] (b) [if] If the serious offense was directed at a school employee or another student
136within the school, notification of the reintegration plan to that school employee or
137student and the student's parent.
138  (5) [A school district ] An LEA may not reintegrate a student into a school where:
139      (a) a student or staff member has a protective order against the student being
140reintegrated; or
141      (b) a student or staff member is the victim of [a sexual crime or forcible felony
142committed by the student being reintegrated] an offense listed in Section 76-3-203.5
143where the student is seeking reintegration or continued enrollment.
144  (6) A reintegration plan under this section will remain in effect for an entire school year or
145      180 days from the plan's implementation, or as long as the multidisciplinary team deems
146      the reintegration plan necessary.
147  [(6)] (7)(a) Notwithstanding Subsection (2), [a school district] an LEA may elect to not
148      integrate a student into a school if the student has committed, or allegedly committed,
149      a forcible felony.
150      (b) If [a school district] an LEA elects to not integrate a student under Subsection [(6)(a)]
151(7)(a), the school district shall provide alternative education options for the student.
152  [(7)] (8) A reintegration plan under this section is classified as a protected record under
153      Section 63G-2-305.
154  [(8)] (9) All other records of disclosures under this section are governed by Title 63G,
155      Chapter 2, Government Records Access and Management Act, and the Family
156      Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
157Section 4. Section 53G-8-403 is amended to read:
15853G-8-403 . Superintendent required to notify school.
159  (1) "LEA head" means the superintendent of a school district or the director of a charter
160      school.
161  (2) Within three days of receiving a notification from the juvenile court or a law
162      enforcement agency under Section 80-6-103, the LEA head or LEA head's designee
163      shall notify the principal of the school the juvenile attends or last attended.
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164   (3) Upon receipt of the information, the principal shall:
165(a) make a notation in a secure file other than the student's permanent file; and
166(b) if the student is still enrolled in the school, notify staff members who, in his opinion,
167should know of the adjudication.
168   (4) A person receiving information [pursuant to] in accordance with this part may only
169disclose the information to other persons having both a right and a current need to know.
170   (5) Access to secure files shall be limited to persons authorized to receive information
171under this part.
172   (6) Beginning no later than July 1, 2025, an LEA shall digitally maintain the [secure]
173cumulative file described in Subsection (3) or, if available, the [students ] student's
174related reintegration plan described in 53G-8-213, for one year from the day the notice is
175received and ensure the secure file follows the student if the student transfers to a
176different school or LEA.
177Section 5. Section 63M-7-208 is amended to read:
17863M-7-208 . Juvenile justice oversight -- Delegation -- Effective dates.
179   (1) The State Commission on Criminal and Juvenile Justice shall:
180(a) support implementation and expansion of evidence-based juvenile justice programs
181and practices, including assistance regarding implementation fidelity, quality
182assurance, and ongoing evaluation;
183(b) examine and make recommendations on the use of third-party entities or an
184intermediary organization to assist with implementation and to support the
185performance-based contracting system authorized in Subsection (1)(m);
186(c) oversee the development of performance measures to track juvenile justice reforms,
187and ensure early and ongoing stakeholder engagement in identifying the relevant
188performance measures;
189(d) evaluate currently collected data elements throughout the juvenile justice system and
190contract reporting requirements to streamline reporting, reduce redundancies,
191eliminate inefficiencies, and ensure a focus on recidivism reduction;
192(e) review averted costs from reductions in out-of-home placements for juvenile justice
193youth placed with the Division of Juvenile Justice and Youth Services and the
194Division of Child and Family Services, and make recommendations to prioritize the
195reinvestment and realignment of resources into community-based programs for youth
196living at home, including the following:
197(i) statewide expansion of:
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198(A) juvenile receiving centers, as defined in Section 80-1-102;
199(B) mobile crisis outreach teams, as defined in Section 26B-5-101;
200(C) youth courts; and
201(D) victim-offender mediation;
202(ii) statewide implementation of nonresidential diagnostic assessment;
203(iii) statewide availability of evidence-based programs and practices including
204cognitive behavioral and family therapy programs for minors assessed by a
205validated risk and needs assessment as moderate or high risk;
206(iv) implementation and infrastructure to support the sustainability and fidelity of
207evidence-based juvenile justice programs, including resources for staffing,
208transportation, and flexible funds; and
209(v) early intervention programs such as family strengthening programs, family
210wraparound services, and proven truancy interventions;
211      (f) assist the Administrative Office of the Courts in the development of a statewide
212sliding scale for the assessment of fines, fees, and restitution, based on the ability of
213the minor's family to pay;
214      (g) analyze the alignment of resources and the roles and responsibilities of agencies,
215such as the operation of early intervention services, receiving centers, and diversion,
216and make recommendations to reallocate functions as appropriate, in accordance with
217Section 80-5-401;
218      (h) comply with the data collection and reporting requirements under Section 80-6-104;
219      (i) develop a reasonable timeline within which all programming delivered to minors in
220the juvenile justice system [must] shall be evidence-based or consist of practices that
221are rated as effective for reducing recidivism by a standardized program evaluation
222tool;
223      (j) provide guidelines to be considered by the Administrative Office of the Courts and
224the Division of Juvenile Justice and Youth Services in developing tools considered
225by the Administrative Office of the Courts and the Division of Juvenile Justice and
226Youth Services in developing or selecting tools to be used for the evaluation of
227juvenile justice programs;
228      (k) develop a timeline to support improvements to juvenile justice programs to achieve
229reductions in recidivism and review reports from relevant state agencies on progress
230toward reaching that timeline;
231      (l) subject to Subsection (2), assist in the development of training for juvenile justice
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232stakeholders, including educators, law enforcement officers, probation staff, judges,
233Division of Juvenile Justice and Youth Services staff, Division of Child and Family
234Services staff, and program providers;
235(m) subject to Subsection (3), assist in the development of a performance-based
236contracting system, which shall be developed by the Administrative Office of the
237Courts and the Division of Juvenile Justice and Youth Services for contracted
238services in the community and contracted out-of-home placement providers;
239(n) assist in the development of a validated detention risk assessment tool that is
240developed or adopted and validated by the Administrative Office of the Courts and
241the Division of Juvenile Justice and Youth Services as provided in Section 80-5-203;
242and
243(o) annually issue and make public a report to the governor, president of the Senate,
244speaker of the House of Representatives, and chief justice of the Utah Supreme Court
245on the progress of the reforms and any additional areas in need of review.
246   (2) Training described in Subsection (1)(l) should include instruction on evidence-based
247programs and principles of juvenile justice, such as risk, needs, responsivity, and
248fidelity, and [shall ] changes in legislation that impact the juvenile justice system and
249may be supplemented by the following topics:
250(a) adolescent development;
251(b) identifying and using local behavioral health resources;
252(c) cross-cultural awareness;
253(d) graduated responses;
254(e) Utah juvenile justice system data and outcomes; and
255(f) gangs.
256   (3) The system described in Subsection (1)(m) shall provide incentives for:
257(a) the use of evidence-based juvenile justice programs and practices rated as effective
258by the tools selected in accordance with Subsection (1)(j);
259(b) the use of three-month timelines for program completion; and
260(c) evidence-based programs and practices for minors living at home in rural areas.
261   (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
262imposed under this section to a subcommittee or board established by the State
263Commission on Criminal and Juvenile Justice in accordance with Subsection
26463M-7-204(2).
265Section 6. Section 80-6-103 is amended to read:
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26680-6-103 . Notification to a school -- Civil and criminal liability.
267  (1) As used in this section:
268      (a) "School" means a school in a local education agency.
269      (b) "Local education agency" means a school district, a charter school, or the Utah
270Schools for the Deaf and the Blind.
271      (c) "School official" means the superintendent of a school district or the director of a
272charter school or designee in which the minor resides or attends school.
273      (d) "Serious offense" means:
274(i) a violent felony as defined in Section 76-3-203.5;
275(ii) an offense that is a violation of an offense under Title 76, Chapter 6, Part 4, Theft,
276and the property stolen is a firearm; or
277(iii) an offense that is a violation of an offense under Title 76, Chapter 11, Weapons.
278      (e) "Transferee school official" means the superintendent of a school district or the
279director of a charter school or designee in which the minor resides or attends school if
280the minor is admitted to home detention.
281  (2) A notification under this section is provided for a minor's supervision and student safety.
282  (3)(a) If a minor is taken into temporary custody under Section 80-6-201 for a serious
283      offense, the peace officer, or other person who has taken the minor into temporary
284      custody, shall notify a school official within five days after the day on which the
285      minor is [taken into] taken into temporary custody.
286      (b) A notification under this Subsection (3) shall only disclose:
287(i) the name of the minor;
288(ii) the offense for which the minor was taken into temporary custody or admitted to
289detention; and
290(iii) if available, the name of the victim if the victim resides in the same school
291district as the minor or attends the same school as the minor.
292  (4) After a detention hearing for a minor who is alleged to have committed a serious
293      offense, the juvenile court shall order a juvenile probation officer to notify a school
294      official, or a transferee school official, and the appropriate local law enforcement agency
295      of the juvenile court's decision, including any disposition, order, or no-contact order, and
296      the issuance of any order for the minors release from temporary custody.
297  (5) If a designated staff member of a detention facility admits a minor to home detention
298      under Section 80-6-205 and notifies the juvenile court of that admission, the juvenile
299      court shall order a juvenile probation officer to notify a school official, or a transferee
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300school official, and the appropriate local law enforcement agency that the minor has
301been admitted to home detention.
302   (6)(a) If the juvenile court adjudicates a minor for a serious offense, the juvenile court
303shall order a juvenile probation officer to notify a school official, or a transferee
304school official, of the adjudication.
305(b) A notification under this Subsection (6) shall be given to a school official, or a
306transferee school official, within three days after the day on which the minor is
307adjudicated.
308(c) A notification under this section shall include:
309(i) the name of the minor;
310(ii) the offense for which the minor was adjudicated; and
311(iii) if available, the name of the victim if the victim:
312(A) resides in the same school district as the minor; or
313(B) attends the same school as the minor.
314   (7) If the juvenile court orders formal probation under Section 80-6-702, the juvenile court
315shall order a juvenile probation officer to notify the appropriate local law enforcement
316agency and the school official of the juvenile court's order for formal probation.
317   (8)(a) An employee of the local law enforcement agency, or the school the minor
318attends, who discloses a notification under this section is not:
319(i) civilly liable except when the disclosure constitutes fraud or willful misconduct as
320provided in Section 63G-7-202; and
321(ii) civilly or criminally liable except when the disclosure constitutes a knowing
322violation of Section 63G-2-801.
323(b) An employee of a governmental agency is immune from any criminal liability for
324failing to provide the information required by this section, unless the employee fails
325to act due to malice, gross negligence, or deliberate indifference to the consequences.
326   (9)(a) A notification under this section shall be classified as a protected record under
327Section 63G-2-305.
328(b) All other records of disclosures under this section are governed by Title 63G,
329Chapter 2, Government Records Access and Management Act, and the Family
330Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
331Section 7. Effective Date.
332   This bill takes effect on May 6, 2026.
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