H.B. 5

1

SCHOOL UNIFORM AMENDMENTS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen W. Morgan
5 This act modifies provisions relating to the State System of Public Education by eliminating
6 a student's ability to opt out of participating in the school uniform program after an election
7 has taken place unless a principal finds extenuating circumstances.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53A-15-602, as last amended by Chapter 146, Laws of Utah 2001
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 53A-15-602 is amended to read:
13 53A-15-602. Uniforms in public schools -- Determination by school board or school
14 -- Patron approval.
15 (1) As used in this section, "principal" includes the chief administrator of a school that
16 does not have a principal.
17 [(1)] (2) The Legislature recognizes that each student in the public schools should be
18 allowed to learn in a safe environment which fosters the learning process and is free from
19 unnecessary disruptions.
20 [(2)] (3) The Legislature further recognizes that the wearing of certain types of clothing
21 identifies students as members of youth gangs and has contributed to disruptive behavior and
22 violence in the public schools.
23 [(3)] (4) (a) Local school boards and school principals may require students enrolled at a
24 public school to wear a designated uniform during the school day in order to help avoid the
25 disruption of the classroom atmosphere and decorum and prevent disturbances among students.
26 (b) The uniform policy authorized in Subsection [(3)] (4)(a) shall be adopted, if for more
27 than one school, at the district level by the school board and, if for a single school, at the school

28 level by the principal of the school subject to the following requirements:
29 (i) the adopting authority shall hold a public hearing on the matter prior to formal adoption
30 of the school uniform policy;
31 (ii) (A) the adopting authority shall hold an election for approval of a school uniform
32 policy prior to its adoption and must receive an affirmative vote from a majority of those voting
33 at the election; and
34 (B) only parents and guardians of students subject to the proposed uniform policy may vote
35 at the election, limited to one vote per family.
36 [(4)] (5) (a) A local school board or principal is required to hold an election to consider
37 adoption of a school district or individual school uniform policy if initiative petitions are presented
38 as follows:
39 (i) for a district uniform policy, a petition signed by a parent or guardian of 20% of the
40 district's students presented to the local school board; and
41 (ii) for an individual school, a petition signed by a parent or guardian of 20% of the
42 school's students presented to the principal.
43 (b) The procedures required in Subsection [(3)] (4)(b) apply to Subsection [(4)] (5).
44 [(5)] (6) (a) The procedures set forth in Subsections [(3)] (4) and [(4)] (5) shall apply to
45 the discontinuance or modification of a school uniform policy adopted under this section.
46 (b) A vote to discontinue an adopted school uniform policy may not take place during the
47 first year of its operation.
48 [(6)] (7) The adopting authority shall establish the manner and time of an election required
49 under this section.
50 [(7) (a)] (8) A school uniform policy adopted under this section shall include a provision
51 [that would exempt a student from wearing a uniform at school if requested by the student's
52 custodial parent or legal guardian. (b) The request under Subsection (7)(a) must be made: (i) prior
53 to the beginning of the school year for a student who is enrolled at the school at the beginning of
54 the school year; or (ii) within 15 days from enrollment at the school for a student who enrolls
55 during the school year. (c) The principal may] allowing a principal at any time during the school
56 year to grant an exemption from wearing a uniform to a student h [ who, ] h because of extenuating
57 circumstances h [ , would not be able to wear a uniform ] h .

Legislative Review Note
as of 8-1-01 1:49 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Education Interim Committee recommended this bill.