Utah Code 53G-8-203. Conduct and discipline policies and procedures
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(1) The conduct and discipline policies required under Section 53G-8-202 shall include:
Terms Used In Utah Code 53G-8-203
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 53G-1-103
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Serious offense: means the same as that term is defined in Section
80-6-103 . See Utah Code 53G-8-201- sexual misconduct: means any conduct described in:
(1)(a) Title 76, Chapter 5, Part 4, Sexual Offenses;(1)(b) Title 76, Chapter 5b, Sexual Exploitation Act;(1)(c) Section76-7-102 , incest;(1)(d) Section76-9-702 , lewdness; and(1)(e) SectionUtah Code 53G-8-201 - 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
(1)(a) provisions governing student conduct, safety, and welfare;(1)(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;(1)(c) procedures for the development of remedial discipline plans for students who cause a disruption at any of the places referred to in Subsection (1)(b);(1)(d) procedures for the use of reasonable and necessary physical restraint in dealing with students posing a danger to themselves or others, consistent with Section53G-8-302 ;(1)(e) standards and procedures for dealing with student conduct in locations other than those referred to in Subsection (1)(b), if the conduct threatens harm or does harm to:(1)(e)(i) the school;(1)(e)(ii) school property;(1)(e)(iii) a person associated with the school; or(1)(e)(iv) property associated with a person described in Subsection (1)(e)(iii);(1)(f) procedures for the imposition of disciplinary sanctions, including suspension and expulsion;(1)(g) specific provisions, consistent with Section53E-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;(1)(h) standards and procedures for dealing with habitual disruptive or unsafe student behavior in accordance with the provisions of this part; and(1)(i) procedures for responding to reports received through the SafeUT Crisis Line under Subsection53B-17-1202 (3).(2)(2)(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 Section53G-8-202 .(2)(b)(2)(b)(i) The policy described in Subsection (2)(a) shall apply to elementary school students, grades kindergarten through 6.(2)(b)(ii) The local school board shall receive input from teachers, school administrators, and parents of the affected students before adopting the policy.(2)(c) The policy described in Subsection (2)(a) shall provide for:(2)(c)(i) notice to the parent of a student prior to holding the student after school on a particular day; and(2)(c)(ii) exceptions to the notice provision if detention is necessary for the student’s health or safety.(3)(3)(a) Each LEA shall adopt a policy for responding to possession or use of electronic cigarette products by a student on school property.(3)(b) The policy described in Subsection (3)(a) shall:(3)(b)(i) prohibit students from possessing or using electronic cigarette products on school property;(3)(b)(ii) include policies or procedures for the confiscation or surrender of electronic cigarette products; and(3)(b)(iii) require a school administrator or school administrator’s designee to dispose of or destroy a confiscated electronic cigarette product.(3)(c) Notwithstanding Subsection (3)(b)(iii), an LEA may release a confiscated electronic cigarette product to local law enforcement if:(3)(c)(i) a school official has a reasonable suspicion that a confiscated electronic cigarette product contains an illegal substance; and(3)(c)(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.(4)(4)(a) Each LEA shall adopt a policy for responding to when a student has committed a serious offense or sexual crime.(4)(b) The policy described in Subsection (4)(a) shall:(4)(b)(i) address a serious offense or sexual misconduct related to hazing;(4)(b)(ii) distinguish procedures for when the crime occurs on school property and off of school property;(4)(b)(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;(4)(b)(iv) establish a process to inform a school resource officer of any student who is on probation;(4)(b)(v) create procedures for determining an alternative placement for a student if the student attends the same school as:(4)(b)(v)(A) the victim of the student’s crime; and(4)(b)(v)(B) an individual who has a protective order against the student; and(4)(b)(vi) be compliant with state and federal law.