reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 9 - Internships › Section 904 - Internship programs -- Criminal background checks.

Effective 5/12/2020
53G-7-904.
Internship programs -- Criminal background checks.
(1)
(a) A public or private school may enter into an internship safety agreement with a cooperating employer.
(b) The public or private school described in Subsection (1)(a) shall ensure that the internship safety agreement requires a cooperating employer to:
(i) ensure that an adult officer or employee of the cooperating employer is not intentionally alone with an intern for any significant amount of time during the intern's activities;
(ii) maintain compliance with all applicable state and federal laws relating to workplace and student safety, privacy, and welfare; and
(iii) provide a safe, educational, courteous, and welcoming professional environment that is free of harassment or discriminatory conduct that may result in a hostile, intimidating, abusive, offensive, or oppressive learning environment.
(2)
(a) If a public or private school has not entered into an internship safety agreement with a cooperating employer, officers and employees of the cooperating employer who will be given significant unsupervised access to a student in connection with the student's activities as an intern shall submit to criminal background checks under Section 53G-11-402.
(b) If a public or private school has entered into an internship safety agreement with a cooperating employer, officers and employees of the cooperating employer are exempt from the criminal background check requirement described in Section 53G-11-402.
Amended by Chapter 374, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 9 - Internships › Section 905 - Recognition of participation in internship program.

Effective 1/24/2018
53G-7-905.
Recognition of participation in internship program.
A cooperating employer may be given appropriate recognition by a school, including the posting of the employer's name and a short description of the employer's business in an appropriate location on school property, or publication of that information in official publications of the school or school district.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 10 - Internet Policy › Section 1002 - Internet and online access policy required.

Effective 1/24/2018
53G-7-1002.
Internet and online access policy required.
State funds may not be provided to any local school board that provides access to the Internet or an online service unless the local school board adopts and enforces a policy to restrict access to Internet or online sites that contain obscene material.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 10 - Internet Policy › Section 1003 - Process and content standards for policy.

Effective 1/24/2018
53G-7-1003.
Process and content standards for policy.
(1) "Policy" as used in this section means the elementary and secondary school online access policy adopted by a local school board to meet the requirements of Section 53G-7-1002.
(2)
(a) Each policy shall be developed under the direction of the local school board, adopted in an open meeting, and have an effective date. The local school board shall review the policy at least every three years, and a footnote shall be added to the policy indicating the effective date of the last review.
(b) Notice of the availability of the policy shall be posted in a conspicuous place within each school. The local school board may issue any other public notice it considers appropriate.
(3) The policy shall:
(a) state that it restricts access to Internet or online sites that contain obscene material and shall state how the local school board intends to meet the requirements of Section 53G-7-1002;
(b) inform the public that administrative procedures and guidelines for the staff to follow in enforcing the policy have been adopted and are available for review at the school; and
(c) inform the public that procedures to handle complaints about the policy, its enforcement, or about observed behavior have been adopted and are available for review at the school.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 10 - Internet Policy › Section 1004 - Rulemaking -- Reporting.

Effective 5/12/2020
53G-7-1004.
Rulemaking -- Reporting.
The state board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding compliance standards and reporting requirements for local school boards with respect to the policy required by Section 53G-7-1002.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 11 - Public School Membership in Associations › Section 1101 - Definitions.

Effective 5/14/2019
53G-7-1101.
Definitions.
As used in this part:
(1) "Alignment" or "realignment" means the initial or subsequent act, respectively, of assigning a public school a classification or region.
(2) "Appeals panel" means the appeals panel created in Section 53G-7-1106.
(3)
(a) "Association" means an organization that governs or regulates a student's participation in an athletic interscholastic activity.
(b) "Association" does not include an institution of higher education described in Section 53B-1-102.
(4) "Classification" means the designation of a school based on the size of the school's student enrollment population for purposes of interscholastic activities.
(5) "Eligibility" means eligibility to participate in an interscholastic activity regulated or governed by an association.
(6) "Governing body" means a body within an association that:
(a) is responsible for:
(i) adopting standards or policies that govern interscholastic activities or the administration of the association;
(ii) adopting or amending the association's governing document or bylaws;
(iii) enforcing the standards and policies of the association; and
(iv) adopting the association's budget; and
(b) has oversight of other boards, committees, councils, or bodies within the association.
(7) "Interscholastic activity" means an activity within the state in which:
(a) a student that participates represents the student's school in the activity; and
(b) the participating student is enrolled in grade 9, 10, 11, or 12.
(8) "Public hearing" means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
(9) "Region" means a grouping of schools of the same classification for purposes of interscholastic activities.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 11 - Public School Membership in Associations › Section 1102 - Public schools prohibited from membership.

Effective 5/3/2023
53G-7-1102.
Public schools prohibited from membership.
(1) A public school may not be a member of or pay dues to an association that:
(a) is not in compliance with:
(i) this part;
(ii)Title 52, Chapter 4, Open and Public Meetings Act;
(iii)Title 63G, Chapter 2, Government Records Access and Management Act; and
(iv)Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;
(b) does not collect each student's birth certificate and birth certificate amendment history, as that term is defined in Section 53G-6-1001, or equivalent documentation, as described in Subsection (2), to determine eligibility as a condition of the association's registration process for an athletic team, event, or category; or
(c) does not require a student to provide the athlete's date of birth and sex as a condition of the registration process for an athletic team, event, or category.
(2) Except as provided in Subsection (3), for a student who is homeless or not a United States citizen and who is unable to provide a birth certificate and birth certificate amendment history, the association may collect the student's:
(a) state-issued identification document, including a driver's license or passport; or
(b) federally recognized identification document, including a document that the Department of Homeland Security issues.
(3) Subsection (1)(b) or (2) do not apply to an association for a student who is a homeless child or youth, as defined in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. Sec. 11431 et seq.
(4) Nothing in this section limits or impairs an LEA's requirement to verify a student's initial review of eligibility to participate in an athletic team, event, or category under applicable state or federal law or state board rule, including the student's:
(a) residency status;
(b) age;
(c) sex, verified by the student's birth certificate and birth certificate amendment history as that term is defined in Section 53G-6-1001;
(d) academic requirements; or
(e) school enrollment capacity.
(5) Unless otherwise specified, an association's compliance with or an association employee or officer's compliance with the provisions described in Subsection (1) does not alter:
(a) the association's public or private status; or
(b) the public or private employment status of the employee or officer.
Amended by Chapter 340, 2023 General Session
Amended by Chapter 493, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 11 - Public School Membership in Associations › Section 1103 - Governing body membership.

Effective 5/14/2019
53G-7-1103.
Governing body membership.
(1)
(a) A governing body shall have 15 members as follows:
(i) six members who:
(A) are each an elected member of a local school board; and
(B) each represent a different classification;
(ii)
(A) one school superintendent representing the two largest classifications;
(B) one school superintendent representing the two classifications that are next in diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(A); and
(C) one school superintendent representing the two classifications that are next in diminishing size to the smaller of the two classifications described in Subsection (1)(a)(ii)(B);
(iii)
(A) one school principal representing the two largest classifications;
(B) one school principal representing the two classifications that are next in diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(A); and
(C) one school principal representing the two classifications that are next in diminishing size to the smaller of the two classifications described in Subsection (1)(a)(iii)(B);
(iv) one representative of charter schools;
(v) one representative of private schools, if private schools are members of or regulated by the association; and
(vi) one member representing the state board.
(b) Only a member respectively described in Subsection (1)(a)(iv) or (v) may be elected or appointed by or represent charter or private schools on the governing body.
(2)
(a) A member described in Subsection (1)(a)(i), (ii), (iii), or (v) may be elected, appointed, or otherwise selected in accordance with association rule or policy to the extent the selection reflects the membership requirements in Subsection (1)(a)(i), (ii), (iii), or (v).
(b) A governing body member described in Subsection (1)(a)(vi) shall be the chair of the state board or the chair's designee if the designee is an elected member of the state board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 11 - Public School Membership in Associations › Section 1104 - Reporting requirements.

Effective 5/14/2019
53G-7-1104.
Reporting requirements.
An association shall provide a verbal report, accompanied by a written report, annually to the state board, including:
(1) the association's annual budget in accordance with Section 53G-7-1105;
(2) a schedule of events scheduled or facilitated by the association;
(3) procedures for alignment or realignment;
(4) any amendments or changes to the association's governing document or bylaws; and
(5) any other information requested by the state board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 11 - Public School Membership in Associations › Section 1105 - Association budgets.

Effective 7/1/2021
53G-7-1105.
Association budgets.
(1) An association shall:
(a) adopt a budget in accordance with this section; and
(b) use uniform budgeting, accounting, and auditing procedures and forms, which shall be in accordance with generally accepted accounting principles or auditing standards.
(2) An association budget officer or executive director shall annually prepare a tentative budget, with supporting documentation, to be submitted to the governing body.
(3) The tentative budget and supporting documents shall include the following items:
(a) the revenues and expenditures of the preceding fiscal year;
(b) the estimated revenues and expenditures of the current fiscal year;
(c) a detailed estimate of the essential expenditures for all purposes for the next succeeding fiscal year; and
(d) the estimated financial condition of the association by funds at the close of the current fiscal year.
(4) The tentative budget shall be filed with the governing body 15 days, or earlier, before the date of the tentative budget's proposed adoption by the governing body.
(5) The governing body shall adopt a budget.
(6) Before the adoption or amendment of a budget, the governing body shall hold a public hearing on the proposed budget or budget amendment.
(7)
(a) In addition to complying with Title 52, Chapter 4, Open and Public Meetings Act, in regards to the public hearing described in Subsection (6), at least 10 days before the public hearing, a governing body shall:
(i) publish a notice of the public hearing electronically in accordance with Section 63A-16-601; and
(ii) post the proposed budget on the association's Internet website.
(b) A notice of a public hearing on an association's proposed budget shall include information on how the public may access the proposed budget as provided in Subsection (7)(a).
(8) No later than September 30 of each year, the governing body shall file a copy of the adopted budget with the state auditor and the state board.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 11 - Public School Membership in Associations › Section 1106 - Procedures for disputes -- Appeals -- Appeals panel -- Compensation.

Effective 5/14/2019
53G-7-1106.
Procedures for disputes -- Appeals -- Appeals panel -- Compensation.
(1)
(a) An association shall establish a uniform procedure for hearing and deciding:
(i) disputes;
(ii) allegations of violations of the association's rules or policies;
(iii) requests to establish eligibility after a student transfers schools; and
(iv) disputes related to alignment or realignment.
(b) An individual may appeal to an appeals panel established in this section an association decision regarding a request to establish eligibility after a student transfers schools.
(2)
(a) There is established an appeals panel for an association decision described in Subsection (1)(b).
(b) The appeals panel shall consist of the following three members:
(i) a judge or attorney who is not employed by, or contracts with, a school;
(ii) a retired educator, principal, or superintendent; and
(iii) a retired athletic director or coach.
(c) A review and decision by the appeals panel is limited to whether the association properly followed the association's rules and procedures in regard to a decision described in Subsection (1)(b).
(d)
(i) An association shall adopt policies for filing an appeal with the appeals panel.
(ii) The appeals panel shall review an appeal and issue a written decision explaining the appeals panel's decision no later than 10 business days after an appeal is filed.
(e) The appeals panel's decision is final.
(3)
(a) The state board shall appoint the members of the appeals panel described in Subsection (2):
(i) from the association's nominations described in Subsection (3)(b); and
(ii) in accordance with the state board's appointment process.
(b)
(i) The association shall nominate up to three individuals for each position described in Subsection (2) for the state board's consideration.
(ii) If the state board refuses to appoint members to the panel who were nominated by the association as described in Subsection (3)(b)(i), the state board shall request additional nominations from the association.
(iii) No later than 45 days after the association provides the nominations, the state board shall appoint to the appeals panel an individual from the names provided by the association.
(c) For the initial membership, the state board shall appoint two of the positions having an initial term of three years and one position having an initial term of two years.
(d) Except as required by Subsection (3)(e), as terms of appeals panel members expire, the state board shall appoint each new member or reappointed member to a two-year term.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(4) The state board shall reimburse an association for per diem and travel expenses of members of the appeals panel.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 12 - School Community Councils and Charter Trust Land Councils › Section 1205 - Charter trust land councils.

Effective 5/12/2020
53G-7-1205.
Charter trust land councils.
(1) As used in this section, "council" means a charter trust land council described in this section.
(2) To receive School LAND Trust Program funding as described in Sections 53F-2-404 and 53G-7-1206, a charter school governing board shall establish a charter trust land council, which shall prepare a plan for the use of School LAND Trust Program money that includes the elements described in Subsection 53G-7-1206(4).
(3)
(a) The membership of the council shall include parents or grandparents of students enrolled at the charter school and may include other members.
(b) The number of council members who are parents or grandparents of students enrolled at the charter school shall exceed all other members combined by at least two.
(4) A charter school governing board may serve as the charter school's council if the membership of the charter school governing board meets the requirements of Subsection (3)(b).
(5)
(a) Except as provided in Subsection (5)(b), council members who are parents or grandparents of students enrolled at the school shall be elected in accordance with procedures established by the charter school governing board.
(b) Subsection (5)(a) does not apply to a charter school governing board that serves as a council.
(6) A parent or grandparents of a student enrolled at a charter school shall serve as chair or co-chair of the charter school's council.
(7) In accordance with state board rule regarding charter trust land council expenditures and funding limits, a charter trust land council shall:
(a) work with students, families, and educators to develop and incorporate safety principles, as defined in Section 53G-7-1202, at the school; and
(b) hold at least an annual discussion with charter school administrators to coordinate efforts to develop and incorporate safety principles, as defined in Section 53G-7-1202, at the school level.
(8) A charter trust land council shall provide input to the school's principal on a positive behaviors plan in accordance with Section 53G-10-407.
Amended by Chapter 161, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 13 - Teacher and Student Success Program › Section 1301 - Definitions.

Effective 5/14/2019
53G-7-1301.
Definitions.
As used in this part:
(1) "LEA distribution" means the money distributed by the state board to an LEA as described in Section 53G-7-1303.
(2) "LEA governing board student success framework" means an LEA governing board student success framework described in Section 53G-7-1304.
(3) "Principal" means the chief administrator at a school, including:
(a) a school principal;
(b) a charter school director; or
(c) the superintendent of the Utah Schools for the Deaf and the Blind.
(4) "School allocation" means the amount of money allocated to a school or the Utah Schools for the Deaf and the Blind by an LEA governing board, as described in Section 53G-7-1304.
(5) "School personnel" means an individual who:
(a) is employed by an LEA; and
(b) in an academic role, works directly with and supports students in a school.
(6) "Statewide accountability system" means the statewide school accountability system described in Title 53E, Chapter 5, Part 2, School Accountability System.
(7) "Teacher and student success plan" or "success plan" means a school performance and student academic achievement improvement plan described in Section 53G-7-1305.
(8) "Teacher and Student Success Program" or "program" means the Teacher and Student Success Program described in this part.
Enacted by Chapter 505, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 13 - Teacher and Student Success Program › Section 1302 - Teacher and Student Success Program created.

Effective 5/14/2019
53G-7-1302.
Teacher and Student Success Program created.
There is created the Teacher and Student Success Program to improve school performance and student academic achievement, as described in this part.
Enacted by Chapter 505, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 13 - Teacher and Student Success Program › Section 1303 - State funding distribution.

Effective 5/14/2019
53G-7-1303.
State funding distribution.
The state board shall distribute program funding to an LEA as described in Section 53F-2-416.
Enacted by Chapter 505, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 13 - Teacher and Student Success Program › Section 1305 - Teacher and student success plans -- Plan review and approval.

Effective 5/14/2019
53G-7-1305.
Teacher and student success plans -- Plan review and approval.
(1)
(a) The principal of a school shall develop the school's teacher and student success plan:
(i) in accordance with the LEA governing board student success framework for the school's LEA;
(ii) by integrating school-specific goals and criteria for improving the school's performance within the state accountability system; and
(iii) if the school has a school turnaround plan as defined in Section 53E-5-301, in accordance with the school's school turnaround plan.
(b) A principal shall solicit input on developing a success plan from:
(i) for a district school or charter school:
(A) the school community council, as defined in Section 53G-7-1202; or
(B) the charter trust land council, as described in Section 53G-7-1205;
(ii) school-level educators;
(iii) parents of students at the school; and
(iv) school-level administrators.
(c) A principal may solicit input on developing a success plan from:
(i) students;
(ii) support professionals; or
(iii) other community stakeholders.
(2)
(a) The principal of a school shall submit a proposed success plan to the school's LEA governing board.
(b) An LEA governing board shall:
(i) annually review each success plan submitted for a school within the LEA governing board's LEA;
(ii) in a regularly scheduled LEA governing board meeting, approve or disapprove each submitted success plan; and
(iii) upon disapproval of a success plan:
(A) explain in writing the reason for disapproval;
(B) make recommendations for revision; and
(C) allow the principal who submitted the success plan to resubmit a revised plan for review and approval.
(3) An LEA governing board shall make the LEA governing board's best efforts to help a school complete the approval process described in Subsection (2) on or before June 30 of each year.
(4) A council, as defined in Section 53G-7-1206, shall select a component of the approved success plan for the council's school to address within the council's School LAND Trust Program, in accordance with Section 53G-7-1206.
Enacted by Chapter 505, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 7 - Public School General Requirements › Part 13 - Teacher and Student Success Program › Section 1306 - School improvement oversight -- Performance standards.

Effective 5/5/2021
53G-7-1306.
School improvement oversight -- Performance standards.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules that:
(a) using a criteria-setting process, determine a threshold of points under the statewide school accountability system that designates a school as succeeding in school performance and student academic achievement; and
(b) determine performance standards for a school described in Section 53E-5-203.
(2)
(a) Except as provided in Subsection (3), for each year following the year in which a school received approval for a success plan, an LEA governing board shall determine if the school:
(i) meets or exceeds the threshold of points described in Subsection (1);
(ii) has demonstrated at least a 1% increase in the school's total points received under the statewide school accountability system compared to the previous school year; or
(iii) qualifies for and satisfies the performance standards described in Subsection (1)(b).
(b) If the LEA governing board determines that a school does not satisfy Subsection (2)(a)(i), (ii), or (iii), the LEA governing board shall:
(i) work with the school's principal to modify the school's success plan to address the school's performance; and
(ii) oversee and adjust the school's allocation expenditures until the LEA governing board determines the school satisfies Subsection (2)(a)(i), (ii), or (iii).
(3) An LEA is not required to make the determination described in Subsection (2)(a) during the 2021-2022 school year.
Amended by Chapter 346, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 202 - Public school discipline policies -- Basis of the policies -- Enforcement.

Effective 5/14/2019
53G-8-202.
Public school discipline policies -- Basis of the policies -- Enforcement.
(1) The Legislature recognizes that every student in the public schools should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption.
(2)
(a) To foster such an environment, each local school board or charter school governing board, with input from school employees, parents of students, students, and the community at large, shall adopt conduct and discipline policies for the public schools in accordance with Section 53G-8-211.
(b) A district or charter school shall base its policies on the principle that every student is expected:
(i) to follow accepted standards of conduct; and
(ii) to show respect for other people and to obey persons in authority at the school.
(c)
(i) On or before September 1, 2015, the state board shall revise the conduct and discipline policy models for elementary and secondary public schools to include procedures for responding to reports received through the SafeUT Crisis Line under Subsection 53B-17-1202(3).
(ii) Each district or charter school shall use the models, where appropriate, in developing its conduct and discipline policies under this chapter.
(d) The policies shall emphasize that certain behavior, most particularly behavior which disrupts, is unacceptable and may result in disciplinary action.
(3) The local superintendent and designated employees of the district or charter school shall enforce the policies so that students demonstrating unacceptable behavior and their parents understand that such behavior will not be tolerated and will be dealt with in accordance with the district's conduct and discipline policies.
Amended by Chapter 293, 2019 General Session
Amended by Chapter 446, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 204 - Suspension and expulsion procedures -- Notice to parents -- Distribution of policies.

Effective 5/14/2019
53G-8-204.
Suspension and expulsion procedures -- Notice to parents -- Distribution of policies.
(1)
(a) Policies required under this part shall include written procedures for the suspension and expulsion of, or denial of admission to, a student, consistent with due process and other provisions of law.
(b)
(i) The policies required in Subsection (1)(a) shall include a procedure directing public schools to notify the custodial parent and, if requested in writing by a noncustodial parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a student.
(ii) Subsection (1)(b)(i) does not apply to that portion of school records which would disclose any information protected under a court order.
(iii) The custodial parent is responsible for providing to the school a certified copy of the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school board or the charter school governing board.
(2)
(a) Each local school board or charter school governing board shall provide for the distribution of a copy of a school's discipline and conduct policy to each student upon enrollment in the school.
(b) A copy of the policy shall be posted in a prominent location in each school.
(c) Any significant change in a school's conduct and discipline policy shall be distributed to students in the school and posted in the school in a prominent location.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 206 - Delegation of authority to suspend or expel a student -- Procedure for suspension -- Readmission.

Effective 5/14/2019
53G-8-206.
Delegation of authority to suspend or expel a student -- Procedure for suspension -- Readmission.
(1)
(a) A local school board may delegate to any school principal or assistant principal within the school district the power to suspend a student in the principal's school for up to 10 school days.
(b) A charter school governing board may delegate to the chief administrative officer of the charter school the power to suspend a student in the charter school for up to 10 school days.
(2) The local school board or charter school governing board may suspend a student for up to one school year or delegate that power to the district superintendent, the superintendent's designee, or chief administrative officer of a charter school.
(3) The local school board may expel a student for a fixed or indefinite period, provided that the expulsion shall be reviewed by the district superintendent or the superintendent's designee and the conclusions reported to the local school board, at least once each year.
(4) If a student is suspended, a designated school official shall notify the parent of the student of the following without delay:
(a) that the student has been suspended;
(b) the grounds for the suspension;
(c) the period of time for which the student is suspended; and
(d) the time and place for the parent to meet with a designated school official to review the suspension.
(5)
(a) A suspended student shall immediately leave the school building and the school grounds following a determination by the school of the best way to transfer custody of the student to the parent or other person authorized by the parent or applicable law to accept custody of the student.
(b) Except as otherwise provided in Subsection (5)(c), a suspended student may not be readmitted to a public school until:
(i) the student and the parent have met with a designated school official to review the suspension and agreed upon a plan to avoid recurrence of the problem; or
(ii) in the discretion of the principal or chief administrative officer of a charter school, the parent of the suspended student and the student have agreed to participate in such a meeting.
(c) A suspension may not extend beyond 10 school days unless the student and the student's parent have been given a reasonable opportunity to meet with a designated school official and respond to the allegations and proposed disciplinary action.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 207 - Alternatives to suspension or expulsion.

Effective 5/14/2019
53G-8-207.
Alternatives to suspension or expulsion.
(1) Each local school board or charter school governing board shall establish:
(a) policies providing that prior to suspending or expelling a student for repeated acts of willful disobedience, defiance of authority, or disruptive behavior which are not of such a violent or extreme nature that immediate removal is required, good faith efforts shall be made to implement a remedial discipline plan that would allow the student to remain in school; and
(b) alternatives to suspension, including policies that allow a student to remain in school under an in-school suspension program or under a program allowing the parent, with the consent of the student's teacher or teachers, to attend class with the student for a period of time specified by a designated school official.
(2) If the parent does not agree or fails to attend class with the student, the student shall be suspended in accordance with the conduct and discipline policies of the district or the school.
(3) The parent of a suspended student and the designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student's suspension.
(4) The state superintendent, in cooperation with school districts and charter schools, shall:
(a) research methods of motivating and providing incentives to students that:
(i) directly and regularly reward or recognize appropriate behavior;
(ii) impose immediate and direct consequences on students who fail to comply with district or school standards of conduct; and
(iii) keep the students in school, or otherwise continue student learning with appropriate supervision or accountability;
(b) explore funding resources to implement methods of motivating and providing incentives to students that meet the criteria specified in Subsection (4)(a);
(c) evaluate the benefits and costs of methods of motivating and providing incentives to students that meet the criteria specified in Subsection (4)(a);
(d) publish a report that incorporates the research findings, provides model plans with suggested resource pools, and makes recommendations for local school boards and school personnel; and
(e) maintain data for purposes of accountability, later reporting, and future analysis.
Amended by Chapter 293, 2019 General Session
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 208 - Student suspended or expelled -- Responsibility of parent -- Application for students with disabilities.

Effective 5/12/2020
53G-8-208.
Student suspended or expelled -- Responsibility of parent -- Application for students with disabilities.
(1) If a student is suspended or expelled from a public school under this part for more than 10 school days, the parent is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension or expulsion.
(2)
(a) The parent shall work with designated school officials to determine how that responsibility might best be met through private education, an alternative program offered by or through the district or charter school, or other alternative which will reasonably meet the educational needs of the student.
(b) The parent and designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies to meet the student's educational needs.
(3) Costs for educational services which are not provided by the school district or charter school are the responsibility of the student's parent.
(4)
(a) Each school district or charter school shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the individual student's cumulative folder.
(b) The district or charter school shall contact the parent of each suspended or expelled student under the age of 16 at least once each month to determine the student's progress.
(5)
(a) This part applies to students with disabilities to the extent permissible under applicable law or regulation.
(b) If application of any requirement of this part to a student with a disability is not permissible under applicable law or regulation, the responsible school authority shall implement other actions consistent with the conflicting law or regulation which shall most closely correspond to the requirements of this part.
Amended by Chapter 388, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 212 - Defacing or damaging school property -- Student's liability -- Work program alternative.

Effective 9/1/2021
53G-8-212.
Defacing or damaging school property -- Student's liability -- Work program alternative.
(1) A student who willfully defaces or otherwise damages any school property may be suspended or otherwise disciplined.
(2)
(a) If a school's property has been lost or willfully cut, defaced, or otherwise damaged, the school may withhold the issuance of an official written grade report, diploma, or transcript of the student responsible for the damage or loss until the student or the student's parent has paid for the damages.
(b) The student's parent is liable for damages as otherwise provided in Section 80-6-610.
(3)
(a) If the student and the student's parent are unable to pay for the damages or if it is determined by the school in consultation with the student's parent that the student's interests would not be served if the parent were to pay for the damages, the school shall provide for a program of work the student may complete in lieu of the payment.
(b) The school shall release the official grades, diploma, and transcripts of the student upon completion of the work.
(4) Before any penalties are assessed under this section, the school shall adopt procedures to ensure that the student's right to due process is protected.
(5) No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear.
(6) If the Department of Human Services or a licensed child-placing agency has been granted custody of the student, the student's records, if requested by the department or agency, may not be withheld from the department or agency for nonpayment of damages under this section.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 2 - School Discipline and Conduct Plans › Section 213 - Reintegration plan for student alleged to have committed violent felony or weapon offense.

Effective 5/3/2023
53G-8-213.
Reintegration plan for student alleged to have committed violent felony or weapon offense.
(1) As used in this section:
(a) "Multidisciplinary team" means the local education agency, the juvenile court, the Division of Juvenile Justice Services, a school resource officer if applicable, and any other relevant party that should be involved in a reintegration plan.
(b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
(2) If a school district receives a notification from the juvenile court or a law enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile court for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the school shall develop a reintegration plan for the student with a multidisciplinary team, the student, and the student's parent or guardian, within five days after the day on which the school receives a notification.
(3) The school may deny admission to the student until the school completes the reintegration plan under Subsection (2).
(4) The reintegration plan under Subsection (2) shall address:
(a) a behavioral intervention for the student;
(b) a short-term mental health or counseling service for the student; and
(c) an academic intervention for the student.
Enacted by Chapter 161, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 3 - Physical Restraint of Students › Section 301 - Definitions.

Effective 1/24/2018
53G-8-301.
Definitions.
As used in this part:
(1) "Corporal punishment" means the intentional infliction of physical pain upon the body of a student as a disciplinary measure.
(2) "Physical escort" means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location.
(3) "Physical restraint" means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student's arms, legs, body, or head freely.
(4) "School" means a public or private elementary school, secondary school, or preschool.
(5) "Student" means an individual who is:
(a) under the age of 19 and receiving educational services; or
(b) under the age of 23 and receiving educational services as an individual with a disability.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 3 - Physical Restraint of Students › Section 302 - Prohibition of corporal punishment -- Use of reasonable and necessary physical restraint.

Effective 5/14/2019
53G-8-302.
Prohibition of corporal punishment -- Use of reasonable and necessary physical restraint.
(1) A school employee may not inflict or cause the infliction of corporal punishment upon a student.
(2) A school employee may use reasonable and necessary physical restraint in self defense or when otherwise appropriate to the circumstances to:
(a) obtain possession of a weapon or other dangerous object in the possession or under the control of a student;
(b) protect a student or another individual from physical injury;
(c) remove from a situation a student who is violent; or
(d) protect property from being damaged, when physical safety is at risk.
(3) Nothing in this section prohibits a school employee from using less intrusive means, including a physical escort, to address circumstances described in Subsection (2).
(4)
(a) Any rule, ordinance, policy, practice, or directive which purports to direct or permit the commission of an act prohibited by this part is void and unenforceable.
(b) An employee may not be subjected to any sanction for failure or refusal to commit an act prohibited under this part.
(5) A parochial or private school that does not receive state funds to provide for the education of a student may exempt itself from the provisions of this section by adopting a policy to that effect and notifying the parents of students in the school of the exemption.
(6) This section does not apply to a law enforcement officer as defined in Section 53-13-103.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 3 - Physical Restraint of Students › Section 303 - Investigation of complaint -- Confidentiality -- Immunity.

Effective 9/1/2022
53G-8-303.
Investigation of complaint -- Confidentiality -- Immunity.
(1)
(a) The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child Abuse and Neglect Reports, apply to complaints on corporal punishment.
(b) If a violation is confirmed, school authorities shall take prompt and appropriate action, including in-service training and other administrative action, to ensure against a repetition of the violation.
(2) Reports made on violations of this part are subject to the same requirements of confidentiality as provided under Section 80-2-1005.
(3) Any school or individual who in good faith makes a report or cooperates in an investigation by a school or authorized public agency concerning a violation of this part is immune from any civil or criminal liability that might otherwise result by reason of those actions.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 3 - Physical Restraint of Students › Section 304 - Liability.

Effective 1/24/2018
53G-8-304.
Liability.
(1)
(a) Corporal punishment which would, but for this part, be considered to be reasonable discipline of a minor under Section 76-2-401 may not be used as a basis for any civil or criminal action.
(b) A court of competent jurisdiction may take appropriate action against any employing entity if the court finds that the employing entity has not taken reasonable steps to enforce the provisions of this part.
(2) Civil or criminal action may proceed without hindrance in the case of corporal punishment which would not be reasonable discipline under Sections 53G-8-305 and 76-2-401.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 3 - Physical Restraint of Students › Section 305 - Exception.

Effective 5/14/2019
53G-8-305.
Exception.
Behavior reduction intervention which is in compliance with Section 76-2-401 and with state and local rules adopted under Section 53E-7-204 is excepted from this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 8 - Discipline and Safety › Part 4 - Juvenile Court and Law Enforcement Notification to Public Schools › Section 402 - Notification by juvenile court and law enforcement agencies.

Effective 5/3/2023
53G-8-402.
Notification by juvenile court and law enforcement agencies.
(1) A notification received by a school district from the juvenile court or a law enforcement agency under Section 80-6-103 is governed by this part.
(2) A school district may enter into an agreement with a law enforcement agency regarding a notification under Subsection (1).
Amended by Chapter 161, 2023 General Session