H.B. 190

1

SCHOOL DISCIPLINE RESEARCH PROJECT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Lorie D. Fowlke
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill directs the state superintendent of public instruction, in cooperation with
10 school districts and charter schools, to conduct research on school discipline.
11 Highlighted Provisions:
12 This bill:
13 . directs the state superintendent of public instruction, in cooperation with school
14 districts and charter schools, to:
15 . research methods of discipline that impose direct and immediate consequences
16 on students who violate district or school conduct standards and that keep
17 students in school; and
18 . publish a report incorporating the research findings and making
19 recommendations.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53A-11-906, as last amended by Chapter 318, Laws of Utah 1996
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-11-906 is amended to read:
30 53A-11-906. Alternatives to suspension or expulsion.
31 (1) Each local school board shall establish:
32 (a) policies providing that prior to suspending or expelling a student for repeated acts
33 of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
34 violent or extreme nature that immediate removal is required, good faith efforts shall be made
35 to implement a remedial discipline plan that would allow the student to remain in school; and
36 (b) alternatives to suspension, including policies that allow a student to remain in
37 school under an in-school suspension program or under a program allowing the parent or
38 guardian, with the consent of the student's teacher or teachers, to attend class with the student
39 for a period of time specified by a designated school official.
40 (2) If the parent or guardian does not agree or fails to attend class with the student, the
41 student shall be suspended in accordance with the conduct and discipline policies of the district
42 or the school.
43 (3) The parent or guardian of a suspended student and the designated school official
44 may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
45 other appropriate state agencies, if necessary, in dealing with the student's suspension.
46 (4) The state superintendent of public instruction, in cooperation with school districts
47 and charter schools, shall:
48 (a) research methods of discipline that:
49 (i) impose immediate and direct consequences on students who fail to comply with
50 district or school standards of conduct; and
51 (ii) keep the students in school:
52 (b) evaluate the benefits and costs of methods of discipline that meet the criteria
53 specified in Subsection (4)(a); and
54 (c) publish a report that incorporates the research findings and makes recommendations
55 for local school boards and school personnel.

Legislative Review Note
as of 1-26-06 2:15 PM

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