53G-8-205. Grounds for suspension or expulsion from a public school.
| (1) |
A student may be suspended or expelled from a public school for any of the following reasons:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
For details, see Utah Code § 76-3-204Terms Used In Utah Code 53G-8-205- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language; |
| (b) |
willful destruction or defacing of school property; |
| (c) |
behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school; |
| (d) |
possession, control, or use of an alcoholic beverage as defined in Section 32B-1-102; |
| (e) |
behavior proscribed under Subsection (2) which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with that person, regardless of where it occurs; or |
| (f) |
possession or use of pornographic material on school property. |
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| (2) |
| (a) |
A student shall be suspended or expelled from a public school for any of the following reasons:
| (i) |
any serious violation affecting another student or a staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:
| (A) |
the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material; |
| (B) |
the actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities; or |
| (C) |
the sale, control, or distribution of a drug or controlled substance as defined in Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug paraphernalia as defined in Section 58-37a-3; or |
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| (ii) |
the commission of an act involving the use of force or the threatened use of force which if committed by an adult would be a felony or class A misdemeanor. |
|
| (b) |
A student who commits a violation of Subsection (2)(a) involving a real or look alike weapon, explosive, or flammable material shall be expelled from school for a period of not less than one year subject to the following:
| (i) |
within 45 days after the expulsion the student shall appear before the student’s local school board superintendent, the superintendent’s designee, chief administrative officer of a charter school, or the chief administrative officer’s designee, accompanied by a parent; and |
| (ii) |
the superintendent, chief administrator, or designee shall determine:
| (A) |
what conditions must be met by the student and the student’s parent for the student to return to school; |
| (B) |
if the student should be placed on probation in a regular or alternative school setting consistent with Section 53G-8-208, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school the student is placed in; and |
| (C) |
if it would be in the best interest of both the school district or charter school, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local school board or charter school governing board and giving highest priority to providing a safe school environment for all students. |
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| (3) |
A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12 months. |
| (4) |
A suspension or expulsion under this section is not subject to the age limitations under Subsection 53G-6-204(1). |
| (5) |
Each local school board and charter school governing board shall prepare an annual report for the state board on:
| (a) |
each violation committed under this section; and |
| (b) |
each action taken by the school district against a student who committed the violation. |
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Amended by Chapter 293, 2019 General Session
