H.B. 412

1

ADDRESSING MAJOR DISRUPTIONS BY
2 PUBLIC SCHOOL STUDENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Eric K. Hutchings
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the State System of Public Education Code by authorizing and
11 requiring school districts and charter schools to address disruptive student behavior.
12 Highlighted Provisions:
13 This bill:
14 . clarifies that school discipline and conduct plan provisions are applicable to school
15 districts and charter schools;
16 . authorizes a school district or charter school to:
17 . issue notices of disruptive student behavior to certain school-age minors; and
18 . issue a habitual disruptive student behavior citation to certain school-age
19 minors; and
20 . makes technical corrections.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 53A-11-901, as last amended by Chapter 97, Laws of Utah 1995

28 53A-11-902, as last amended by Chapter 97, Laws of Utah 1995
29 53A-11-903, as last amended by Chapter 10, Laws of Utah 2001, First Special Session
30 53A-11-904, as last amended by Chapter 203, Laws of Utah 2003
31 53A-11-905, as last amended by Chapter 97, Laws of Utah 1995
32 53A-11-906, as last amended by Chapter 318, Laws of Utah 1996
33 53A-11-907, as last amended by Chapter 318, Laws of Utah 1996
34 53A-11-908, as enacted by Chapter 240, Laws of Utah 1997
35 ENACTS:
36 53A-11-910, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53A-11-901 is amended to read:
40 53A-11-901. School discipline policies -- Basis of the policies -- Enforcement.
41 (1) The Legislature recognizes that every student in the public schools should have the
42 opportunity to learn in an environment which is safe, conducive to the learning process, and
43 free from unnecessary disruption.
44 (2) (a) To foster such an environment, each local school board or governing board of a
45 charter school, with input from [district] school employees, parents and guardians of students,
46 students, and the community at large, shall adopt conduct and discipline policies for the public
47 schools [within the district].
48 (b) Each district or charter school shall base its policies on the principle that every
49 student is expected:
50 (i) to follow accepted rules of conduct; and
51 (ii) to show respect for other people and to obey persons in authority at the school.
52 (c) (i) The State Superintendent of Public Instruction shall develop conduct and
53 discipline policy models for elementary and secondary public schools.
54 (ii) Each district or charter school shall use the models, where appropriate, in
55 developing its conduct and discipline policies under this chapter.
56 (d) The policies shall emphasize that certain behavior, most particularly behavior
57 which disrupts, is unacceptable and may result in disciplinary action.
58 (3) The local superintendent and designated employees of the district or charter school

59 shall enforce the policies so that students demonstrating unacceptable behavior and their
60 parents or guardians understand that such behavior will not be tolerated and will be dealt with
61 in accordance with the district's conduct and discipline policies.
62 Section 2. Section 53A-11-902 is amended to read:
63 53A-11-902. Conduct and discipline policies and procedures.
64 The conduct and discipline policies required under Section 53A-11-901 shall include:
65 (1) provisions governing student conduct, safety, and welfare;
66 (2) standards and procedures for dealing with students who cause disruption in the
67 classroom, on school grounds, on school vehicles, or in connection with school-related
68 activities or events;
69 (3) procedures for the development of remedial discipline plans for students who cause
70 a disruption at any of the places referred to in Subsection (2);
71 (4) procedures for the use of reasonable and necessary physical restraint or force in
72 dealing with disruptive students, consistent with Section 53A-11-802 ;
73 (5) standards and procedures for dealing with student conduct in locations other than
74 those referred to in Subsection (2), if the conduct threatens harm or does harm to:
75 (a) the school;
76 (b) school property;
77 (c) a person associated with the school; or
78 (d) property associated with a person described in Subsection (5)(c);
79 (6) procedures for the imposition of disciplinary sanctions, including suspension and
80 expulsion;
81 (7) specific provisions for preventing and responding to gang-related activities in the
82 school, on school grounds, on school vehicles, or in connection with school-related activities or
83 events[.]; and
84 (8) standards and procedures for dealing with habitual disruptive student behavior in
85 accordance with the provisions of this part.
86 Section 3. Section 53A-11-903 is amended to read:
87 53A-11-903. Suspension and expulsion procedures -- Notice to parents --
88 Distribution of policies.
89 (1) (a) Policies required under this part shall include written procedures for the

90 suspension and expulsion of, or denial of admission to, a student, consistent with due process
91 and other provisions of law.
92 (b) (i) The policies required in Subsection (1)(a) shall include a procedure directing
93 public schools to notify the custodial parent and, if requested in writing by a noncustodial
94 parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a
95 student.
96 (ii) Subsection (1)(b)(i) does not apply to that portion of school records which would
97 disclose any information protected under a court order.
98 (iii) The custodial parent is responsible for providing to the school a certified copy of
99 the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school
100 board or governing board of a charter school.
101 (2) (a) Each local school board or governing board of a charter school shall provide for
102 the distribution of a copy of a school's discipline and conduct policy to each student upon
103 enrollment in the school.
104 (b) A copy of the policy shall be posted in a prominent location in each school.
105 (c) Any significant change in a school's conduct and discipline policy shall be
106 distributed to students in the school and posted in the school in a prominent location.
107 Section 4. Section 53A-11-904 is amended to read:
108 53A-11-904. Grounds for suspension or expulsion from a public school.
109 (1) A student may be suspended or expelled from a public school for any of the
110 following reasons:
111 (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
112 behavior, including the use of foul, profane, vulgar, or abusive language;
113 (b) willful destruction or defacing of school property;
114 (c) behavior or threatened behavior which poses an immediate and significant threat to
115 the welfare, safety, or morals of other students or school personnel or to the operation of the
116 school;
117 (d) possession, control, or use of an alcoholic beverage as defined in Section
118 32A-1-105 ; or
119 (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
120 school or school property, to a person associated with the school, or property associated with

121 that person, regardless of where it occurs.
122 (2) (a) A student shall be suspended or expelled from a public school for any of the
123 following reasons:
124 (i) any serious violation affecting another student or a staff member, or any serious
125 violation occurring in a school building, in or on school property, or in conjunction with any
126 school activity, including:
127 (A) the possession, control, or actual or threatened use of a real weapon, explosive, or
128 noxious or flammable material;
129 (B) the actual or threatened use of a look alike weapon with intent to intimidate another
130 person or to disrupt normal school activities; or
131 (C) the sale, control, or distribution of a drug or controlled substance as defined in
132 Section 58-37-2 , an imitation controlled substance defined in Section 58-37b-2 , or drug
133 paraphernalia as defined in Section 58-37a-3 ; or
134 (ii) the commission of an act involving the use of force or the threatened use of force
135 which if committed by an adult would be a felony or class A misdemeanor.
136 (b) A student who commits a violation of Subsection (2)(a) involving a real or look
137 alike weapon, explosive, or flammable material shall be expelled from school for a period of
138 not less than one year subject to the following:
139 (i) within 45 days after the expulsion the student shall appear before the student's local
140 school board superintendent [or], the superintendent's designee, chief administrative officer of
141 a charter school, or the chief administrative officer's designee, accompanied by a parent or legal
142 guardian; and
143 (ii) the superintendent shall determine:
144 (A) what conditions must be met by the student and the student's parent for the student
145 to return to school;
146 (B) if the student should be placed on probation in a regular or alternative school
147 setting consistent with Section 53A-11-907 , and what conditions must be met by the student in
148 order to ensure the safety of students and faculty at the school the student is placed in; and
149 (C) if it would be in the best interest of both the school district and the student to
150 modify the expulsion term to less than a year, conditioned on approval by the local school
151 board or governing board of a charter school and giving highest priority to providing a safe

152 school environment for all students.
153 (3) A student may be denied admission to a public school on the basis of having been
154 expelled from that or any other school during the preceding 12 months.
155 (4) A suspension or expulsion under this section is not subject to the age limitations
156 under Subsection 53A-11-102 (1).
157 (5) Each local school board or governing board of a charter school shall prepare an
158 annual report for the State Board of Education on:
159 (a) each violation committed under this section; and
160 (b) each action taken by the school district against a student who committed the
161 violation.
162 Section 5. Section 53A-11-905 is amended to read:
163 53A-11-905. Delegation of authority to suspend or expel a student -- Procedure
164 for suspension -- Readmission.
165 (1) A local board of education or governing board of a charter school may delegate to
166 any school principal [or], assistant principal, or chief administrative officer of a charter school
167 within the school district the power to suspend a student in the principal's or chief
168 administrative officer's school for up to ten school days.
169 (2) The board may suspend a student for up to one school year or delegate that power
170 to the district superintendent [or], the superintendent's designee, or chief administrative officer
171 of a charter school.
172 (3) The board may expel a student for a fixed or indefinite period, provided that the
173 expulsion shall be reviewed by the district superintendent or the superintendent's designee and
174 the conclusions reported to the board, at least once each year.
175 (4) If a student is suspended, a designated school official shall notify the parent or
176 guardian of the student of the following without delay:
177 (a) that the student has been suspended;
178 (b) the grounds for the suspension;
179 (c) the period of time for which the student is suspended; and
180 (d) the time and place for the parent or guardian to meet with a designated school
181 official to review the suspension.
182 (5) (a) A suspended student shall immediately leave the school building and the school

183 grounds following a determination by the school of the best way to transfer custody of the
184 student to the parent or guardian or other person authorized by the parent or applicable law to
185 accept custody of the student.
186 (b) Except as otherwise provided in Subsection (c), a suspended student may not be
187 readmitted to a public school until:
188 (i) the student and the parent or guardian have met with a designated school official to
189 review the suspension and agreed upon a plan to avoid recurrence of the problem; or
190 (ii) in the discretion of the principal or chief administrative officer of a charter school,
191 the parent or guardian of the suspended student and the student have agreed to participate in
192 such a meeting.
193 (c) A suspension may not extend beyond ten school days unless the student and the
194 student's parent or guardian have been given a reasonable opportunity to meet with a
195 designated school official and respond to the allegations and proposed disciplinary action.
196 Section 6. Section 53A-11-906 is amended to read:
197 53A-11-906. Alternatives to suspension or expulsion.
198 (1) Each local school board or governing board of a charter school shall establish:
199 (a) policies providing that prior to suspending or expelling a student for repeated acts
200 of willful disobedience, defiance of authority, or disruptive behavior which are not of such a
201 violent or extreme nature that immediate removal is required, good faith efforts shall be made
202 to implement a remedial discipline plan that would allow the student to remain in school; and
203 (b) alternatives to suspension, including policies that allow a student to remain in
204 school under an in-school suspension program or under a program allowing the parent or
205 guardian, with the consent of the student's teacher or teachers, to attend class with the student
206 for a period of time specified by a designated school official.
207 (2) If the parent or guardian does not agree or fails to attend class with the student, the
208 student shall be suspended in accordance with the conduct and discipline policies of the district
209 or the school.
210 (3) The parent or guardian of a suspended student and the designated school official
211 may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or
212 other appropriate state agencies, if necessary, in dealing with the student's suspension.
213 Section 7. Section 53A-11-907 is amended to read:

214 53A-11-907. Student suspended or expelled -- Responsibility of parent or
215 guardian -- Application for students with disabilities.
216 (1) If a student is suspended or expelled from a public school under this part for more
217 than ten school days, the parent or guardian is responsible for undertaking an alternative
218 education plan which will ensure that the student's education continues during the period of
219 suspension or expulsion.
220 (2) (a) The parent or guardian shall work with designated school officials to determine
221 how that responsibility might best be met through private education, an alternative program
222 offered by or through the district or charter school, or other alternative which will reasonably
223 meet the educational needs of the student.
224 (b) The parent or guardian and designated school official may enlist the cooperation of
225 the Division of Child and Family Services, the juvenile court, or other appropriate state
226 agencies to meet the student's educational needs.
227 (3) Costs for educational services which are not provided by the school district or
228 charter school are the responsibility of the student's parent or guardian.
229 (4) (a) Each school district or charter school shall maintain a record of all suspended or
230 expelled students and a notation of the recorded suspension or expulsion shall be attached to
231 the individual student's transcript.
232 (b) The district or charter school shall contact the parent or guardian of each suspended
233 or expelled student under the age of 16 at least once each month to determine the student's
234 progress.
235 (5) (a) This part applies to students with disabilities to the extent permissible under
236 applicable law or regulation.
237 (b) If application of any requirement of this part to a student with a disability is not
238 permissible under applicable law or regulation, the responsible school authority shall
239 implement other actions consistent with the conflicting law or regulation which shall most
240 closely correspond to the requirements of this part.
241 Section 8. Section 53A-11-908 is amended to read:
242 53A-11-908. Prohibited conduct -- Reporting of violations -- Limitation of
243 liability.
244 (1) The Legislature recognizes that:

245 (a) participation in student government and extracurricular activities may confer
246 important educational and lifetime benefits upon students, and encourages school districts and
247 charter schools to provide a variety of opportunities for all students to participate in such
248 activities in meaningful ways;
249 (b) there is no constitutional right to participate in these types of activities, and does
250 not through this section or any other provision of law create such a right;
251 (c) students who participate in student government and extracurricular activities,
252 particularly competitive athletics, and the adult coaches, advisors, and assistants who direct
253 those activities, become role models for others in the school and community;
254 (d) these individuals often play major roles in establishing standards of acceptable
255 behavior in the school and community, and establishing and maintaining the reputation of the
256 school and the level of community confidence and support afforded the school; and
257 (e) it is of the utmost importance that those involved in student government, whether as
258 officers or advisors, and those involved in competitive athletics and related activities, whether
259 students or staff, comply with all applicable laws and rules of behavior and conduct themselves
260 at all times in a manner befitting their positions and responsibilities.
261 (2) (a) The State Board of Education may, and local boards of education and governing
262 boards of charter schools shall, adopt rules implementing this section that apply to both
263 students and staff.
264 (b) Those rules shall include prohibitions against the following types of conduct while
265 in the classroom, while on school property, or during school sponsored activities:
266 (i) use of foul, abusive, or profane language while engaged in school related activities;
267 (ii) illicit use, possession, or distribution of controlled substances or drug
268 paraphernalia, and the use, possession, or distribution of tobacco or alcoholic beverages
269 contrary to law; and
270 (iii) hazing, demeaning, or assaultive behavior, whether consensual or not, including
271 behavior involving physical violence, restraint, improper touching, or inappropriate exposure
272 of body parts not normally exposed in public settings, forced ingestion of any substance, or any
273 act which would constitute a crime against a person or public order under Utah law.
274 (3) (a) School employees who reasonably believe that a violation of this section may
275 have occurred shall immediately report that belief to the school principal [or], district

276 superintendent, or chief administrative officer of a charter school.
277 (b) Principals who receive a report under Subsection (3)(a) shall submit a report of the
278 alleged incident, and actions taken in response, to the district superintendent or the
279 superintendent's designee within ten working days after receipt of the report.
280 (c) Failure of a person holding a professional certificate to report as required under this
281 Subsection (3) constitutes an unprofessional practice.
282 (4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
283 Section 9. Section 53A-11-910 is enacted to read:
284 53A-11-910. Notice of disruptive student behavior -- Failure to cooperate with
285 school authorities -- Habitual disruptive student behavior citation.
286 (1) As used in this section, "disruptive student behavior" includes the conduct
287 described in Subsection 53A-11-908 (2)(b) and the grounds for suspension or expulsion
288 described in Section 53A-11-904 .
289 (2) A local school board, school district, governing board of a charter school, or charter
290 school may impose administrative penalties on a school-age minor who violates this part.
291 (3) A local school board or governing board of a charter school shall:
292 (a) authorize a school administrator or a designee of a school administrator to issue
293 notices of disruptive student behavior to school-age minors who are at least 12 years old; and
294 (b) establish a procedure for a school-age minor, or a school-age minor's parents, to
295 contest a notice of disruptive student behavior.
296 (4) The notice of disruptive student behavior described in Subsection (3):
297 (a) may not be issued until the school-age minor has committed disruptive student
298 behavior at least five times during the school year;
299 (b) may not be issued to a school-age minor who is less than 12 years old;
300 (c) shall request that the school-age minor and the parent of the school-age minor:
301 (i) meet with school authorities to discuss the school-age minor's disruptive student
302 behavior; and
303 (ii) cooperate with the school board or school district in correcting the school-age
304 minor's disruptive behavior; and
305 (d) shall be mailed to, or served on, the school-age minor's parent.
306 (5) A habitual disruptive student behavior citation may be issued to a habitual

307 disruptive student if:
308 (a) the local school board, school district, governing board of a charter school, or
309 charter school has made reasonable efforts to resolve the student's disruptive behavior
310 problems;
311 (b) the efforts to resolve the student's disruptive behavior problems, described in
312 Subsection (5)(a), have not been successful; and
313 (c) the school-age minor has committed disruptive student behavior at least ten times
314 during the school year.
315 (6) A disruptive student to whom a habitual disruptive student citation is issued under
316 Subsection (5):
317 (a) shall be referred to the juvenile court for violation of Subsection (2); and
318 (b) is subject to the jurisdiction of the juvenile court.
319 (7) A notice of disruptive student behavior or a habitual disruptive student behavior
320 citation may only be issued by:
321 (a) a school administrator, or a truancy specialist, who is authorized by a local school
322 board or governing board of a charter school; or
323 (b) a designee of a school administrator described in Subsection (7)(a).
324 (8) Nothing in this part prohibits a local school board, school district, governing board
325 of a charter school, or charter school from taking action to resolve a disruptive student behavior
326 problem with a school-age minor who has been given notice of disruptive student behavior less
327 than five times, provided that the action does not conflict with the requirements of this part.




Legislative Review Note
as of 2-15-06 2:02 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