§ 53G-8-301 — Emergency safety interventions -- Appropriate uses -- Penalties.

(1) As used in this section:
(1)(a) "Corporal punishment" means the intentional infliction of physical pain upon the body of a student as a disciplinary measure.
(1)(b) "Emergency safety intervention" means the use of seclusion or physical restraint when a student presents an immediate danger to self or others.
(1)(c) "Physical escort" means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location.
(1)(d) "Physical restraint" means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student's arms, legs, body, or head freely.
(1)(e) "School" means a public or private elementary school, secondary school, or preschool.
(1)(f) "Seclusion" means seclusionary time out that is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, including:
(1)(f)(i) placing a student in a locked room; or
(1)(f)(ii) placing a student in a room where the door is blocked by furniture or held closed by staff.
(1)(g) "Student" means an individual who is:
(1)(g)(i) under the age of 19 and receiving educational services; or
(1)(g)(ii) under the age of 23 and receiving educational services as an individual with a disability.
(2) (2)(a) A school employee shall first use the least restrictive intervention available to the school employee, including a physical escort, to address circumstances described in Subsection (4).
(2)(b) Nothing in this section prohibits a school employee from subsequently using less restrictive interventions to address circumstances described in Subsection (4).
(3) (3)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to:
(3)(a)(i) establish guidelines and best practices that consider individual student needs related to emergency safety interventions described in Subsection (10)(b);
(3)(a)(ii) establish intervention reporting requirements;
(3)(a)(iii) create school staff training standards that may be included in an existing training;
(3)(a)(iv) develop parental notification procedures;
(3)(a)(v) implement data collection and review processes;
(3)(a)(vi) establish investigation protocols;
(3)(a)(vii) establish data collection and reporting requirements for an LEA regarding:
(3)(a)(vii)(A) incidents of seclusion;
(3)(a)(vii)(B) alternative interventions used;
(3)(a)(vii)(C) student demographic information, including sex, gender, age, grade in school, and applicable disability status; and
(3)(a)(vii)(D) incident outcomes.
(3)(b) The state board shall include the information described in Subsection (3)(a) in the State Superintendent's Annual Report described in Section 53E-1-203.
(4) A school employee may use reasonable and necessary physical restraint only:
(4)(a) in self defense;
(4)(b) to obtain possession of a weapon or other dangerous object in the possession or under the control of a student;
(4)(c) to protect a student or another individual from physical injury;
(4)(d) to remove from a situation a student who is violent; or
(4)(e) to protect property from being damaged, when physical safety is at risk.
(5) (5)(a) A school employee may not inflict or cause the infliction of corporal punishment upon a student.
(5)(b) The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports, apply to complaints on corporal punishment.
(5)(c) Evidence of corporal punishment that would qualify as reasonable discipline under Section 76-2-401 is insufficient to establish liability in a civil or criminal action.
(5)(d) Subject to the Rules of Evidence, evidence of corporal punishment that exceeds reasonable discipline under Section 76-2-401 may be used by a court to establish civil or criminal liability.
(6) School authorities shall take prompt and appropriate action, including in-service training and other administrative action, upon confirming a violation of this section.
(7) The Division of Child and Family Services shall maintain all violation reports made in accordance with this section under the confidentiality requirements of Section 80-2-1005.
(8) A school or individual who makes a good faith report or cooperates in an investigation shall receive immunity from civil or criminal liability.
(9) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration may take appropriate action against any employing entity if the court finds that the employing entity has not taken reasonable steps to enforce the provisions of this part.
(10) A school:
(10)(a) may not:
(10)(a)(i) enforce any rule, policy, or directive that permits acts prohibited by this section;
(10)(a)(ii) sanction an employee who refuses to commit a prohibited act; or
(10)(a)(iii) except as provided in Subsection (10)(b), use seclusion:
(10)(a)(iii)(A) as an intervention or disciplinary practice;
(10)(a)(iii)(B) for coercion, retaliation, or humiliation; or
(10)(a)(iii)(C) due to inadequate staffing or for the staff member's convenience;
(10)(b) for a student in grade 1 or higher, may use seclusion as an emergency safety intervention only when:
(10)(b)(i) the LEA has developed and implemented written policies and procedures that:
(10)(b)(i)(A) describe the circumstances under which a staff member may use seclusion;
(10)(b)(i)(B) describe which staff members are authorized to use seclusion;
(10)(b)(i)(C) describe procedures for monitoring a student that is in seclusion;
(10)(b)(i)(D) describe time limitations on the use of seclusion;
(10)(b)(i)(E) require immediate and continuous review of the decision to use seclusion;
(10)(b)(i)(F) require documenting the use of seclusion;
(10)(b)(i)(G) describe record keeping requirements for records related to the use of seclusion; and
(10)(b)(i)(H) require debriefing of all witnesses, involved staff members, the student who was secluded, and the parent of the student who was secluded;
(10)(b)(ii) a student poses an immediate and significant threat to the student or others;
(10)(b)(iii) less restrictive interventions have failed;
(10)(b)(iv) a staff member who is familiar to the student is actively supervising the student for the duration of the seclusion; and
(10)(b)(v) the use is time-limited to a maximum time of 30 minutes and monitored;
(10)(c) if seclusion was used, shall document the reason for its use, duration, and any alternative strategies attempted; and
(10)(d) shall notify parents immediately, and not to exceed 15 minutes after the use, of any emergency safety intervention used on the parent's child, including seclusion or physical restraint.
(11) An LEA shall collect and report data to the state board annually regarding:
(11)(a) an incident; and
(11)(b) for each incident, the:
(11)(b)(i) duration of an intervention used to respond to the incident;
(11)(b)(ii) stated purpose for any intervention used;
(11)(b)(iii) alternative interventions attempted;
(11)(b)(iv) student demographic information, including sex, gender, age, grade in school, and applicable disability status; and
(11)(b)(v) relevant training offered to staff and if the staff involved received the relevant training without revealing the identity of the staff member.
(12) This section does not apply to:
(12)(a) a law enforcement officer as defined in Section 53-13-103;
(12)(b) a parochial or private school that:
(12)(b)(i) does not receive state funds;
(12)(b)(ii) adopts a policy of exemption from this section; and
(12)(b)(iii) notifies the parents of students in the school of the exemption; or
(12)(c) behavior support intervention which is in compliance with:
(12)(c)(i) Section 76-2-401; and
(12)(c)(ii) state and local rules adopted under Section 53E-7-204.
(13) Any violations of this section, including violations of any standards for seclusion or physical restraint established by the state board pursuant to this section, shall:
(13)(a) constitute an act of unlawful detention and is subject to the penalty described in Section 76-5-304; and
(13)(b) result in a referral to:
(13)(b)(i) local law enforcement; and
(13)(b)(ii) the Utah Professional Practices Advisory Commission established in Section 53E-6-501.

Legislative History

Repealed and Re-enacted by Chapter 327, 2025 General Session