(1) As used in this section: (a) "Annual training" means an annual four-hour training that: (i) a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Subsection 53-25-701(2)(b); (ii) the state security chief approves; (iii) can be tailored to local needs; (iv) allows an individual to practice and demonstrate firearms proficiency at a firearms range using the firearm the individual carries for self defense and defense of others; (v) includes the following components: (A) firearm safety, including safe storage of a firearm; (B) de-escalation tactics; (C) the role of mental health in incidents; and (D) disability awareness and interactions; and (vi) contains other training needs as determined by the state security chief. (b) "Biannual training" means a twice-yearly training that: (i) is at least four hours, unless otherwise approved by the state security chief; (ii) a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Subsection 53-25-701(2)(b); (iii) the state security chief approves; (iv) can be tailored to local needs; (v) through which a school guardian at a school or simulated school environment: (A) receives training on the specifics of the building or buildings of the school, including the location of emergency supplies and security infrastructure; and (B) participates in a live-action practice plan with school administrators in responding to active threats at the school; and (vi) shall be taken with at least three months in between the two trainings. (c) "Deadly force" means the same as that term is defined in Section 76-2-408. (d) "Firearm" means the same as that term is defined in Section 76-11-101. (e) "Initial training" means an in-person training that: (i) a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Subsection 53-25-701(2)(b); (ii) the state security chief approves; (iii) can be tailored to local needs; and (iv) provides: (A) training on general familiarity with the types of firearms that can be concealed for self- defense and defense of others; (B) training on the safe loading, unloading, storage, and carrying of firearms in a school setting; (C) training at a firearms range with instruction regarding firearms fundamentals, marksmanship, the demonstration and explanation of the difference between sight picture, sight alignment, and trigger control, and a recognized pistol course; (D) current laws dealing with the lawful use of a firearm by a private citizen, including laws on self-defense, defense of others, transportation of firearms, and concealment of firearms; (E) coordination with law enforcement officers in the event of an active threat; (F) basic trauma first aid; (G) the appropriate use of force, emphasizing the de-escalation of force and alternatives to using force; and (H) situational response evaluations, including: (I) protecting and securing a crime or accident scene; (II) notifying law enforcement; (III) controlling information; and (IV) other training that the county sheriff, designee, or department deems appropriate. (f) "Program" means the school guardian program created in this section. (g) (i) "School employee" means an employee of a school or law enforcement agency whose duties and responsibilities require the employee to be physically present at a school's campus while school is in session. (ii) "School employee" does not include a teacher or individual whose primary responsibilities require the employee to be primarily present in a classroom to teach, care for, or interact with students, unless: (A) the teacher or individual is employed at a school with 350 or fewer students; (B) the teacher or individual is employed at a school with adjacent campuses as determined by the state security chief; or (C) as provided in Subsection 53G-8-701.5(3). (h) "School guardian" means a school employee who meets the requirements of Subsection (3). (2) (a) (i) There is created within the department the school guardian program. (ii) The state security chief shall oversee the school guardian program. (iii) The applicable county security chief shall administer the school guardian program in each county. (b) The state security chief shall ensure that the school guardian program includes: (i) initial training; (ii) biannual training; and (iii) annual training. (c) A county sheriff may partner or contract with: (i) another county sheriff to support the respective county security chiefs in jointly administering the school guardian program in the relevant counties; and (ii) a local law enforcement agency of relevant jurisdiction to provide the: (A) initial training; (B) biannual training; and (C) annual training. (3) (a) A school employee that volunteers to participate is eligible to join the program as a school guardian if: (i) the school administrator approves the volunteer school employee to be designated as a school guardian; (ii) the school employee satisfactorily completes initial training within six months before the day on which the school employee joins the program; (iii) the school employee holds a valid concealed carry permit issued under Chapter 5a, Part 3, Concealed Firearm Permits; (iv) the school employee certifies to the sheriff of the county where the school is located that the school employee has undergone the training in accordance with Subsection (3)(a)(ii) and intends to serve as a school guardian; and (v) the school employee: (A) completes an initial "fit to carry" assessment the Department of Health and Human Services approves and a provider administers; and (B) maintains compliance with mental health screening requirements consistent with law enforcement standards. (b) After joining the program a school guardian shall complete annual training and biannual training to retain the designation of a school guardian in the program. (4) The state security chief shall: (a) for each school that participates in the program, track each school guardian at the school by collecting the photograph and the name and contact information for each guardian; (b) make the information described in Subsection (4)(a) readily available to each law enforcement agency in the state categorized by school; and (c) in accordance with Section 53G-8-701.5, and subject to legislative appropriations, consult with the State Board of Education to provide each school guardian with a one-time stipend. (5) A school guardian: (a) shall carry the school guardian's firearm on the school guardian's person in a concealed manner at all times while on duty during school hours; (b) may temporarily store the school guardian's firearm in a biometric gun safe located in the school guardian's office only: (i) for brief personal needs such as restroom use; (ii) during required activities where carrying is physically impractical and approved by the school administrator; or (iii) at the end of the school guardian's shift; (c) shall ensure that any temporary storage under Subsection (5)(b): (i) does not exceed 15 minutes per occasion, except as approved by the school administrator for documented necessity; (ii) occurs only when the school guardian is physically present on school grounds; and (iii) is immediately retrievable by the school guardian; (d) may not, unless during an active threat, display or open carry a firearm while on school grounds; and (e) shall ensure the firearm is immediately accessible to respond to active threats during the school guardian's assigned duty hours. (6) Except as provided in Subsection (5)(d), this section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying a firearm on the grounds of a public school or charter school under Subsection 76-11-205(4). (7) A school guardian: (a) does not have authority to act in a law enforcement capacity; and (b) may, at the school where the school guardian is employed: (i) take actions necessary to prevent or abate an active threat; and (ii) temporarily detain an individual when the school guardian has reasonable cause to believe the individual has committed or is about to commit a forcible felony, as that term is defined in Section 76-2-402. (8) A school may designate a single volunteer or multiple volunteers to participate in the school guardian program to satisfy the school safety personnel requirements of Section 53G-8-701.5. (9) The department may adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section. (10) A school guardian who has active status in the guardian program is not liable for any civil damages or penalties if the school guardian: (a) when carrying or storing a firearm: (i) is acting in good faith; and (ii) is not grossly negligent; or (b) threatens, draws, or otherwise uses a firearm reasonably believing the action to be necessary in compliance with Section 76-2-402. (11) A school guardian shall file a report described in Subsection (12) if, during the performance of the school guardian's duties, the school guardian points a firearm at an individual. (12) (a) A report described in Subsection (11) shall include: (i) a description of the incident; (ii) the identification of the individuals involved in the incident; and (iii) any other information required by the state security chief. (b) A school guardian shall submit a report required under Subsection (11) to the school administrator, school safety and security director, and the state security chief within 48 hours after the incident. (c) The school administrator, school safety and security director, and the state security chief shall consult and review the report submitted under Subsection (12)(b). (13) The requirements of Subsections (11) and (12) do not apply to a training exercise. (14) If a school guardian uses deadly force, the guardian: (a) shall be placed on administrative leave pending investigation; (b) may not be required to provide a written report described in Subsections (11) and (12); (c) (i) may not be required to participate in a voluntary interview; and (ii) if the guardian chooses to participate in an interview, the interview may not be sooner than two sleep cycles after the incident; and (d) shall be subject to investigation by the law enforcement agency with primary jurisdiction over the school's location. (15) A school guardian may have the designation of school guardian revoked at any time by the school principal, county sheriff, or state security chief. (16) (a) Any information or record created detailing a school guardian's participation in the program is: (i) a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and (ii) available only to: (A) the state security chief; (B) administrators at the school guardian's school; (C) if applicable, other school safety personnel described in Section 53G-8-701.5; (D) school employees participating in the Educator-Protector Program under Section
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