Utah Code § 53G-8-203 — Utah Code / Title 53G / Chapter 53G-8 / § 53G-8-203
§ 53G-8-203. Conduct and discipline policies and procedures.
Status: in_force

(1) For purposes of this section: (a) "Adjudication" means: (i) the same as that term is defined in Section 80-1-102; or (ii) for an adult student 18 years or older, a conviction as that term is defined in Section 77-38-302. (b) "Arrest" means: (i) temporary custody as that term is defined in Section 80-6-102; or (ii) for an adult student 18 years or older, the same as that term is defined in Section 77-7-1. (c) "Charge" means: (i) format referral as that term is defined in Section 80-6-102: or (ii) for an adult student 18 years or older, the formal accusation of a public offense detailed in a filing such as an indictment or an information or otherwise the official initiation of a criminal action. (2) The conduct and discipline policies required under Section 53G-8-202 shall include: (a) provisions governing student conduct, safety, and welfare; (b) standards and procedures for dealing with students who cause disruption in the classroom, on school grounds, on school vehicles, or in connection with school-related activities or events; (c) procedures for the development of remedial discipline plans for students who cause a disruption at any of the places referred to in Subsection (2)(b); (d) procedures for the use of reasonable and necessary physical restraint in dealing with students posing a danger to themselves or others, consistent with Section 53G-8-301; (e) standards and procedures for dealing with student conduct in locations other than those referred to in Subsection (2)(b), if the conduct threatens harm or does harm to: (i) the school; (ii) school property; (iii) a person associated with the school; or (iv) property associated with a person described in Subsection (2)(e)(iii); (f) procedures for the imposition of disciplinary sanctions, suspension and expulsion; (g) specific provisions, consistent with Section 53E-3-509, for preventing and responding to gang-related activities in the school, on school grounds, on school vehicles, or in connection with school-related activities or events; (h) standards and procedures for dealing with habitual disruptive or unsafe student behavior in accordance with the provisions of this part; and (i) procedures for responding to reports received through the SafeUT Crisis Line under Subsection 53H-4-210(2)(c). (3) (a) Each local school board shall establish a policy on detaining students after regular school hours as a part of the district-wide discipline plan required under Section 53G-8-202. (b) (i) The policy described in Subsection (3)(a) shall apply to elementary school students, grades kindergarten through 6. (ii) The local school board shall receive input from teachers, school administrators, and parents of the affected students before adopting the policy. (c) The policy described in Subsection (3)(a) shall provide for: (i) notice to the parent of a student before holding the student after school on a particular day; and (ii) exceptions to the notice provision if detention is necessary for the student's health or safety. (4) (a) Each LEA shall adopt a policy for responding to possession or use of electronic cigarette products by a student on school property. (b) The policy described in Subsection (3)(a) shall: (i) prohibit students from possessing or using electronic cigarette products on school property; (ii) include policies or procedures for the confiscation or surrender of electronic cigarette products; and (iii) require a school administrator or school administrator's designee to dispose of or destroy a confiscated electronic cigarette product. (c) Notwithstanding Subsection (4(b)(iii), an LEA may release a confiscated electronic cigarette product to local law enforcement if: (i) a school official has a reasonable suspicion that a confiscated electronic cigarette product contains an illegal substance; and (ii) local law enforcement requests that the LEA release the confiscated electronic cigarette product to local law enforcement as part of an investigation or action. (5) (a) Each LEA shall adopt a policy for responding to the circumstance where a student has been arrested for, charged with, or adjudicated in the courts for committing a serious offense or sexual crime. (b) The policy described in Subsection (5)(a) shall: (i) address a serious offense or sexual misconduct related to hazing; (ii) distinguish procedures for when the crime occurs on school property and off of school property; (iii) if a student has committed a serious offense or sexual crime, provide a process for a school resource officer to provide input for the LEA to consider regarding the safety risks a student may pose upon reintegration; (iv) establish a process to inform a school resource officer of any student who is on probation; (v) create procedures for determining an alternative placement for a student if the student attends the same school as: (A) the victim of the student's crime; and (B) an individual who has a protective order against the student; and (vi) be compliant with state and federal law.