H.B. 167

1

SCHOOL UNIFORMS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Craig A. Frank
5 Senate Sponsor: Scott D. McCoy
6
7 LONG TITLE
8 General Description:
9 This bill modifies school uniform policy provisions.
10 Highlighted Provisions:
11 This bill:
12 . provides definitions;
13 . modifies findings of the Legislature;
14 . provides statutory policy requirements for school uniform policies; and
15 . modifies school uniform policy adoption procedures for charter schools.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 53A-15-1001, Utah Code Annotated 1953
23 53A-15-1002, Utah Code Annotated 1953
24 53A-15-1003, Utah Code Annotated 1953
25 REPEALS:
26 53A-15-602, as last amended by Chapter 201, Laws of Utah 2002
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-15-1001 is enacted to read:
30 Part 10. School Uniforms
31 53A-15-1001. Definitions.
32 As used in this part:
33 (1) "Principal" includes the chief administrator of a school that does not have a
34 principal.
35 (2) "School" means a public school, including a charter school.
36 (3) "School official" means the principal of a school or the local school board for a
37 school district.
38 (4) "School uniform" means student clothing conforming to a school uniform policy
39 under this part, which may include a dress code, dress of designated colors, or a reasonable
40 designated uniform of a particular style. A school uniform policy may not include very
41 expensive or prescriptive clothing requirements.
42 Section 2. Section 53A-15-1002 is enacted to read:
43 53A-15-1002. Uniforms in schools -- Legislative finding -- Policies.
44 (1) The Legislature finds that:
45 (a) each student should be allowed to learn in a safe environment which fosters the
46 learning process and is free from unnecessary disruptions;
47 (b) the wearing of certain types of clothing may identify students as members of youth
48 gangs and contribute to disruptive behavior and violence in the schools;
49 (c) school uniform policies may be part of an overall program to:
50 (i) improve school safety and discipline; and
51 (ii) help avoid the disruption of the classroom atmosphere and decorum and prevent
52 disturbances among students; and
53 (d) school uniforms may:
54 (i) decrease violence and theft among students; and
55 (ii) foster and promote desirable school operating conditions and a positive educational
56 environment in accordance with this part.
57 (2) In accordance with Section 53A-15-1003 , a school may adopt a school uniform
58 policy that requires students enrolled at that school to wear a designated school uniform during

59 the school day.
60 (3) A school uniform policy shall:
61 (a) protect students' free exercise of religious beliefs;
62 (b) specify whether the uniform policy is voluntary or mandatory for students;
63 (c) specify whether or not the uniform policy has an opt-out provision in addition to the
64 provisions under Subsection (5); and
65 (d) include a provision for financial assistance to families who cannot afford to
66 purchase a required uniform, which may include:
67 (i) the school providing school uniforms to students;
68 (ii) the school making used school uniforms available to students; or
69 (iii) other programs to make school uniforms available to economically disadvantaged
70 students.
71 (4) A school uniform policy under this part is not considered a fee for either an
72 elementary or a secondary school.
73 (5) A school uniform policy shall include a provision allowing a principal at any time
74 during the school year to grant an exemption from wearing a school uniform to a student
75 because of extenuating circumstances.
76 (6) (a) If a school adopts a school uniform policy under this part, that school's
77 governing body or local school board shall adopt local appellate procedures for school actions
78 under this part, including a denial of an exemption requested under Subsection (5).
79 (b) A person may seek judicial review of an action under this part only after exhausting
80 the remedies provided under this Subsection (6).
81 Section 3. Section 53A-15-1003 is enacted to read:
82 53A-15-1003. Uniforms in schools -- Policy approval.
83 (1) The school uniform policy authorized in Section 53A-15-1002 may be adopted:
84 (a) for a charter school:
85 (i) by the governing body or administrator of the charter school in accordance with
86 Subsection (2); or
87 (ii) by including the school uniform policy in the school's charter approved in
88 accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act;
89 (b) for more than one school at the district level by a local school board in accordance

90 with Subsection (2); or
91 (c) for a single school at the school level by the principal of the school in accordance
92 with Subsection (2).
93 (2) A school uniform policy adopted by an election is subject to the following
94 requirements:
95 (a) the adopting authority shall hold a public hearing on the matter prior to formal
96 adoption of the school uniform policy;
97 (b) (i) the adopting authority shall hold an election for approval of a school uniform
98 policy prior to its adoption and shall receive an affirmative vote from a majority of those voting
99 at the election; and
100 (ii) only parents and guardians of students subject to the proposed school uniform
101 policy may vote at the election, limited to one vote per family.
102 (3) (a) A local school board or principal is required to hold an election to consider
103 adoption of a school uniform policy for an entire school district or an individual school if
104 initiative petitions are presented as follows:
105 (i) for a school district, a petition signed by a parent or guardian of 20% of the district's
106 students presented to the local school board; and
107 (ii) for an individual school, a petition signed by a parent or guardian of 20% of the
108 school's students presented to the principal.
109 (b) The public hearing and election procedures required in Subsection (2) apply to
110 Subsection (3).
111 (4) (a) The procedures set forth in Subsections (3) and (4) shall apply to the
112 discontinuance or modification of a school uniform policy adopted under this section.
113 (b) A vote to discontinue an adopted school uniform policy may not take place during
114 the first year of its operation.
115 (5) The adopting authority shall establish the manner and time of an election required
116 under this section.
117 Section 4. Repealer.
118 This bill repeals:
119 Section 53A-15-602, Uniforms in public schools -- Determination by school board
120 or school -- Patron approval.

Legislative Review Note
as of 11-22-05 9:10 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel