State law requires districts to establish formal procedures governing referrals to local law enforcement.
Utah Administrative Code R277-613-5. Reporting and Incident Investigations of Allegations of Bullying, Cyber-bullying, Hazing, and Retaliation.
(5) An LEA shall adopt a policy outlining under what circumstances the LEA will report incidents of bullying, cyber-bullying, harassment, and retaliation to law enforcement.
Utah Code 53G-8-211. Responses to school-based behavior.
(2) This section applies to a minor enrolled in school who is alleged to have committed an offense at the school where the student is enrolled:
- (a) on school property where the student is enrolled:
- (i) when school is in session; or
- (ii) during a school-sponsored activity; or
- (b) that is truancy.
- (a) If the alleged offense is a class C misdemeanor, an infraction, a status offense on school property, or truancy, the minor may not be referred to law enforcement or court but may be referred to evidence-based alternative interventions, including:
- (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
- (ii) a receiving center operated by the Division of Juvenile Justice Services in accordance with Section 62A-7-104;
- (iii) a youth court or comparable restorative justice program;
- (iv) evidence-based interventions created and developed by the school or school district; and
- (v) other evidence-based interventions that may be jointly created and developed by a local education agency, the state board, the juvenile court, local counties and municipalities, the Department of Health, or the Department of Human Services.
- (b) Notwithstanding Subsection (3)(a), a school resource officer may:
- (i) investigate possible criminal offenses and conduct, including conducting probable cause searches;
- (ii) consult with school administration about the conduct of a minor enrolled in a school;
- (iii) transport a minor enrolled in a school to a location if the location is permitted by law;
- (iv) take temporary custody of a minor pursuant to Subsection 78A-6-112(1); or
- (v) protect the safety of students and the school community, including the use of reasonable and necessary physical force when appropriate based on the totality of the circumstances.
- (c) Notwithstanding other provisions of this section, a law enforcement officer who has cause to believe a minor has committed an offense on school property when school is not in session nor during a school-sponsored activity, the law enforcement officer may refer the minor to court or may refer the minor to evidence-based alternative interventions at the discretion of the law enforcement officer.
- (a) Notwithstanding Subsection (3)(a) and subject to the requirements of this Subsection (4), a school district or school may refer a minor to court for a class C misdemeanor committed on school property or for being a habitual truant, as defined in Section 53G-6-201, if the minor refuses to participate in an evidence-based alternative intervention described in Subsection (3)(a).
Utah Code 53G-8-802. State Safety and Support Program — State board duties.
(2) The state board shall:
- (a) develop in conjunction with the Division of Substance Abuse and Mental Health model student safety and support policies for an LEA, including:
- (i) evidence-based procedures for the assessment of and intervention with an individual whose behavior poses a threat to school safety;
- (ii) procedures for referrals to law enforcement; and
- (iii) procedures for referrals to a community services entity, a family support organization, or a health care provider for evaluation or treatment