Section 406 – Underage Drinking and Substance Abuse Prevention Program — State board rules.

Effective 6/1/2022
53G-10-406. Underage Drinking and Substance Abuse Prevention Program — State board rules.

• (1) As used in this section:
  • (a) “Advisory council” means the Underage Drinking and Substance Abuse Prevention Program Advisory Council created in this section.
  • (b) “Program” means the Underage Drinking and Substance Abuse Prevention Program created in this section.
  • (c) “School-based prevention program” means an evidence-based program that:
    • (i) is aimed at preventing underage consumption of alcohol and underage use of electronic cigarette products;
    • (ii) is delivered by methods that engage students in storytelling and visualization;
    • (iii) addresses the behavioral risk factors associated with underage drinking and use of electronic cigarette products; and
    • (iv) provides practical tools to address the dangers of underage drinking and use of electronic cigarette products.

• (2) There is created the Underage Drinking and Substance Abuse Prevention Program that consists of:
  • (a) a school-based prevention program for students in grade 4 or 5;
  • (b) a school-based prevention program for students in grade 7 or 8; and
  • (c) a school-based prevention program for students in grade 9 or 10 that increases awareness of the dangers of driving under the influence of alcohol.

• (3)
  • (a) Beginning with the 2018-19 school year, an LEA shall offer the program each school year to each student in grade 7 or 8 and grade 9 or 10.
  • (b) In addition to Subsection (3)(a), beginning with the 2020-21 school year, an LEA shall offer the program each school year to each student in grade 4 or 5.
  • (c) An LEA shall select from the providers qualified by the state board under Subsection (6) to offer the program.

• (4) The state board shall administer the program with input from the advisory council.

• (5) There is created the Underage Drinking and Substance Abuse Prevention Program Advisory Council comprised of the following members:
  • (a) the executive director of the Department of Alcoholic Beverage Services or the executive director’s designee;
  • (b) the executive director of the Department of Health or the executive director’s designee;
  • (c) the director of the Division of Substance Abuse and Mental Health or the director’s designee;
  • (d) the director of the Division of Child and Family Services or the director’s designee;
  • (e) the director of the Division of Juvenile Justice Services or the director’s designee;
  • (f) the state superintendent or the state superintendent’s designee; and
  • (g) two members of the state board, appointed by the chair of the state board.

• (6)
  • (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board shall qualify one or more providers to provide the program to an LEA.
  • (b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
    • (i) whether the provider’s program complies with the requirements described in this section;
    • (ii) the extent to which the provider’s prevention program aligns with core standards for Utah public schools; and
    • (iii) the provider’s experience in providing a program that is effective.

• (7)
  • (a) The state board shall use money from the Underage Drinking and Substance Abuse Prevention Program Restricted Account described in Section 53F-9-304 for the program.
  • (b) The state board may use money from the Underage Drinking Prevention Program Restricted Account to fund up to .5 of a full-time equivalent position to administer the program.

• (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:
  • (a) beginning with the 2018-19 school year, require an LEA to offer the Underage Drinking and Substance Abuse Prevention Program each school year to each student in grade 7 or 8 and grade 9 or 10;
  • (b) beginning with the 2020-21 school year, require an LEA to offer the Underage Drinking and Substance Abuse Prevention Program each school year to each student in grade 4 or 5; and
  • (c) establish criteria for the state board to use in selecting a provider described in Subsection (6).

Amended by Chapter 447, 2022 General Session