Utah Code 53G-8-205. Grounds for suspension or expulsion from a public school
Current as of: 2024 | Check for updates
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(1) A student may be suspended or expelled from a public school for the following reasons:
For details, see Utah Code § 76-3-204
Attorney's Note
Under 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 |
Terms 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 :(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.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- 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) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language;(1)(b) willful destruction or defacing of school property;(1)(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;(1)(d) possession, control, or use of an alcoholic beverage as defined in Section32B-1-102 ;(1)(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(1)(f) possession or use of pornographic material on school property.(2)(2)(a) A student shall be suspended or expelled from a public school for the following reasons:(2)(a)(i) a serious violation affecting another student or a staff member, or a serious violation occurring in a school building, in or on school property, or in conjunction with a school activity, including:(2)(a)(i)(A) the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;(2)(a)(i)(B) the actual use of violence or sexual misconduct;(2)(a)(i)(C) the actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities; or(2)(a)(i)(D) the sale, control, or distribution of a drug or controlled substance as defined in Section58-37-2 , an imitation controlled substance defined in Section58-37b-2 , or drug paraphernalia as defined in Section58-37a-3 ;(2)(a)(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; or(2)(a)(iii) making a false report of an emergency at a school under Subsection76-9-202(2)(d) .(2)(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:(2)(b)(i) within 45 days after the expulsion the student shall appear before the student’s superintendent, the superintendent’s designee, chief administrative officer of a charter school, or the chief administrative officer’s designee, accompanied by a parent; and(2)(b)(ii) the superintendent, chief administrator, or designee shall determine:(2)(b)(ii)(A) what conditions must be met by the student and the student’s parent for the student to return to school, including any provided for in the policies described in Section53G-8-203 ;(2)(b)(ii)(B) if the student should be placed on probation in a regular or alternative school setting consistent with Section53G-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(2)(b)(ii)(C) if it would be in the best interest of both the LEA, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local governing board and giving highest priority to providing a safe school environment for all students.(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 Subsection53G-6-204 (1).(5) A local governing board shall prepare an annual report for the state board on:(5)(a) each violation committed under this section; and(5)(b) each action taken by the LEA against a student who committed the violation.