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House adopts K–12 disruption statute after debate over 'presence' vs. 'acts'

Utah House of Representatives · February 16, 2004
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Summary

First substitute House Bill 199 creates a statutory tool allowing K–12 principals to have disruptive people removed from school premises; debate focused on whether 'presence' alone should trigger removal and an amendment to remove the word 'presence' failed. Sponsors cited a prior Granite School District case and an $82,000 settlement as rationale. The bill passed 67-5.

The House approved a first substitute to House Bill 199 to place a statutory tool in law allowing school principals to address disruptions outside school buildings that materially impair student safety or movement.

Representative Moss, sponsor, said the measure grew from a case in the Granite School District where protesters obstructed student movement and the state later paid about $82,000 after litigation. Moss argued that the statute provides principals the authority to protect students as they enter and leave school facilities.

Floor debate centered on whether the statute should allow action based on a person's mere "presence" or whether the text should focus on disruptive "acts." Representative Harper moved to delete the words "presence or," arguing presence alone would be constitutionally problematic; that amendment failed after floor opposition. The final substitute passed the House by a recorded vote of 67-5 and will be forwarded to the Senate.