Utah Code 53G-7-802. Uniforms in schools — Legislative finding — Policies
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(1) The Legislature finds that:
Terms Used In Utah Code 53G-7-802
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Principal: includes the chief administrator of a school that does not have a principal. See Utah Code 53G-7-801
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- School: means a public school, including a charter school. See Utah Code 53G-7-801
- School uniform: means the same as that term is defined in Section 53G-7-501. See Utah Code 53G-7-801
(1)(a) each student should be allowed to learn in a safe environment which fosters the learning process and is free from unnecessary disruptions;(1)(b) the wearing of certain types of clothing may identify students as members of youth gangs and contribute to disruptive behavior and violence in the schools;(1)(c) school uniform policies may be part of an overall program to:(1)(c)(i) improve school safety and discipline; and(1)(c)(ii) help avoid the disruption of the classroom atmosphere and decorum and prevent disturbances among students; and(1)(d) school uniforms may:(1)(d)(i) decrease violence and theft among students; and(1)(d)(ii) foster and promote desirable school operating conditions and a positive educational environment in accordance with this part.
(2)
(2)(a) In accordance with Section 53G-7-803, a school may adopt a school uniform policy that requires students enrolled at that school to wear a designated school uniform during the school day.
(2)(b) Except as provided in Subsection (4)(b), a school uniform policy may not require clothing that is prescriptive or expensive.
(3) A school uniform policy shall:
(3)(a) protect students’ free exercise of religious beliefs;
(3)(b) specify whether the uniform policy is voluntary or mandatory for students;
(3)(c) specify whether or not the uniform policy has an opt-out provision in addition to the provisions under Subsection (5); and
(3)(d) include a provision for financial assistance to families who cannot afford to purchase a required uniform, which may include:
(3)(d)(i) the school providing school uniforms to students;
(3)(d)(ii) the school making used school uniforms available to students; or
(3)(d)(iii) other programs to make school uniforms available to economically disadvantaged students.
(4)
(4)(a) Except as provided in Subsection (4)(b), a school uniform policy under this part is not considered a fee for either an elementary or a secondary school.
(4)(b)
(4)(b)(i) Subject to Subsection (4)(b)(ii), a secondary school may adopt a school uniform policy that requires clothing that is expensive or prescriptive.
(4)(b)(ii) A school uniform policy described in Subsection (4)(b)(i) is considered a fee, as defined in Section 53G-7-501, and is subject to Part 5, Student Fees.
(5) A school uniform policy shall include a provision allowing a principal at any time during the school year to grant an exemption from wearing a school uniform to a student because of extenuating circumstances.
(6)
(6)(a) If a school adopts a school uniform policy under this part, that school’s governing body or local school board shall adopt local appellate procedures for school actions under this part, including a denial of an exemption requested under Subsection (5).
(6)(b) A person may seek judicial review of an action under this part only after exhausting the remedies provided under this Subsection (6).