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DISCIPLINE – AUTHORITY

  • Who has the overall discipline authority in schools?

    Local Superintendent And Designated Employees: The local superintendent and designated employees of the district or charter school have the overall discipline authority in schools.  They enforce the policies so that students demonstrating unacceptable behavior and their parents or guardians understand that such behavior will not be tolerated and will be dealt with in accordance with the district’s conduct and discipline policies.  Utah Code Ann. §53A-11-901.

    Utah State Board of Education: The Utah State Board of Education is the state agency overseeing public schools in Utah.  The Board of Education issues regulations for Utah public schools.

    Student Discipline Policies

    State Superintendent of Public Instruction: The State Superintendent of Public Instruction develops conduct and discipline policy models for elementary and secondary public schools.

    School/District/ Charter School: Each school district or school or charter school shall use the models in developing its conduct and discipline policies under this chapter.  The policies shall emphasize that certain behavior, most particularly behavior which disrupts, is unacceptable and may result in disciplinary action.  Utah Code Ann. §53A-11-901.

DETENTION

SUSPENSION

  • Under what circumstances can a student be suspended?

    A student may be suspended or expelled from a public school for any of the following reasons:

    • frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language
    • willful destruction or defacing of school property
    • 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
    • possession, control, or use of an alcoholic beverage
    • behavior 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
    • possession or use of pornographic material on school property

    Utah Code Ann. §53A-11-904(1).

     A student shall be suspended or expelled from a public school for any of the following reasons:

    • any serious violation affecting another student or a staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:
    • the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;
    • the actual or threatened use of a look-alike weapon with intent to intimidate another person or to disrupt normal school activities; or
    • the sale, control, or distribution of a drug or controlled substance, an imitation controlled substance, or drug paraphernalia; or
    • 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.

    Utah Code Ann. §53A-11-904(2).

  • What are the types of suspension and the processes for each?

    In School Suspension

    Each local school board or governing board of a charter school shall establish:

    •  Policies providing that prior to suspending or expelling a student for repeated acts of willful disobedience, defiance of authority, or disruptive behavior which are not of such a violent or extreme nature that immediate removal is required, good faith efforts shall be made to implement a remedial discipline plan that would allow the student to remain in school; and
    •  Alternatives to suspension, including policies that allow a student to remain in school under an in-school suspension program or under a program allowing the parent or guardian, with the consent of the student’s teacher or teachers, to attend class with the student for a period of time specified by a designated school official.
    • If the parent or guardian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the conduct and discipline policies of the district or the school.
    • The parent or guardian of a suspended student and the designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student’s suspension.

    Utah Code Ann. §53A-11-904

    Formal or Out of School Suspension

    A local board of education may delegate to any school principal or assistant principal within the school district the power to suspend a student in the principal’s school for up to 10 school days.  Utah Code Ann. § 53A-11-905(1)(a).

    A governing board of a charter school may delegate to the chief administrative officer of the charter school the power to suspend a student in the charter school for up to 10 school days.  Utah Code Ann. § 53A-11-905(1)(b).

    The board may suspend a student for up to one school year or delegate that power to the district superintendent, the superintendent’s designee, or chief administrative officer of a charter school.  Utah Code Ann. § 53A-11-905(2).

    If a student is suspended, a designated school official shall notify the parent or guardian of the student of the following without delay:

    • That The Student Has Been Suspended
    • The Grounds For The Suspension
    • The Period Of Time For Which The Student Is Suspended
    • The Time And Place For The Parent Or Guardian To Meet With A Designated School Official To Review The Suspension

    Utah Code Ann. § 53A-11-905(4).

    A suspended student shall immediately leave the school building and the school grounds following a determination by the school of the best way to transfer custody of the student to the parent or guardian or other person authorized by the parent or applicable law to accept custody of the student.  Utah Code Ann. § 53A-11-905(5)(a).

    Except as otherwise provided in § 53A-11-905(5)(c), a suspended student may not be readmitted to a public school until:

    • the student and the parent or guardian have met with a designated school official to review the suspension and agreed upon a plan to avoid recurrence of the problem
    • in the discretion of the principal or chief administrative officer of a charter school, the parent or guardian of the suspended student and the student have agreed to participate in such a meeting

    Utah Code Ann. § 53A-11-905(5)(b).

    A suspension may not extend beyond 10 school days unless the student and the student’s parent or guardian have been given a reasonable opportunity to meet with a designated school official and respond to the allegations and proposed disciplinary action.  Utah Code Ann. § 53A-11-905(c).

  • What is the procedure for appealing a suspension?

    Policies regarding suspension and expulsion must include written procedures for the suspension and expulsion of, or denial of admission to, a student, consistent with due process and other provisions of law.  Utah Code Ann. § 53A-11-903

    The policies must include a procedure directing public schools to notify the custodial parent and, if requested in writing by a noncustodial parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a student.  Utah Code Ann. § 53A-11-903 

    Each local school board or governing board of a charter school shall provide for the distribution of a copy of a school’s discipline and conduct policy to each student upon enrollment in the school and a copy of the policy shall be posted in a prominent location in each school. Utah Code Ann. § 53A-11-903

EXPULSION

  • Under what circumstances can a student be expelled?

    The board may expel a student for a fixed or indefinite period, provided that the expulsion shall be reviewed by the district superintendent or the superintendent’s designee and the conclusions reported to the board, at least once each year.  Utah Code Ann. § 53A-11-905(3).

    A student may be suspended or expelled from a public school for any of the following reasons:

    • frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language
    •  willful destruction or defacing of school property
    • 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
    • possession, control, or use of an alcoholic beverage
    • behavior 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
    • possession or use of pornographic material on school property

    Utah Code Ann. §53A-11-904(1).

    A student shall be suspended or expelled from a public school for any of the following reasons:

    Any serious violation affecting another student or a staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:

    • the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material
    • the actual or threatened use of a look-alike weapon with intent to intimidate another person or to disrupt normal school activities
    • the sale, control, or distribution of a drug or controlled substance, an imitation controlled substance, or drug paraphernalia
    • 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

    Utah Code Ann. §53A-11-904(2).

    A student who commits a violation 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:

    • within 45 days after the expulsion the student shall appear before the student’s local school board superintendent, the superintendent’s designee, chief administrative officer of a charter school, or the chief administrative officer’s designee, accompanied by a parent or legal guardian

    The superintendent, chief administrator, or designee shall determine:

    • what conditions must be met by the student and the student’s parent for the student to return to school;
    • if the student should be placed on probation in a regular or alternative school setting, 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
    • if it would be in the best interest of both the school district or charter school, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local school board or governing board of a charter school and giving highest priority to providing a safe school environment for all students

     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.

     

    Each local school board and governing board of a charter school shall prepare an annual report for the State Board of Education on:

    • each violation committed under this section
    • each action taken by the school district against a student who committed the violation

ZERO TOLERANCE POLICIES

  • What does “zero tolerance” mean?

    Zero tolerance of a behavior by a school means that the school’s response is pre-determined and required and includes severe consequences or punishment (most often suspension or expulsion) for a specific offense. 

    Although not a true zero tolerance policy, Utah law does require expulsion for a minimum of one year if a student commits a violation involving a real or look alike weapon, explosive, or flammable material. However, this may be modified to an expulsion term of less than a year if it is determined to be in the best interests of both the school district or charter school and the student, giving highest priority to providing a safe school environment for all students, and the modification is approved by the local school board or governing board of a charter school.  Utah Code Ann. §53A-11-904(2)(b).

CORPORAL PUNISHMENT

  • Is corporal punishment at schools permitted?

    Corporal punishment is permitted only when written permission has been given by a student’s parent or guardian.  Utah Code Ann. §53A-11-802.

    This does not prohibit the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate to the circumstances to:

    • obtain possession of a weapon or other dangerous object in the possession or under the control of a child;
    • protect the child or another person from physical injury;
    • remove from a situation a child who is violent or disruptive; or
    • protect property from being damaged.

    A parochial or private school may exempt itself from the provisions of this section by adopting a policy to that effect and notifying the parents or guardians of children in the school of the exemption.

BULLYING

  • Is there a state policy on bullying?

    Yes.  No school employee or student may engage in bullying or harassing a school employee or student:  (a) on school property; (b) at a school related or sponsored event; (c) on a school bus; (d) at a school bus stop; or (e) while the school employee or student is traveling to or from a location or event described in (a) through (d).  Utah Code Ann. §53A-11a-201.

    No school employee or student may engage in hazing or cyber-bullying a school employee or student at any time or in any location.  Utah Code Ann. §53A-11a-201.

    Bullying is defined as intentionally or knowingly committing an act that:

     

    • endangers the physical health or safety of a school employee or student;
    • involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;
    • involves consumption of any food, liquor, drug, or other substance;
    • involves other physical activity that endangers the physical health and safety of a school employee or student; or
    • involves physically obstructing a school employee’s or student’s freedom to move; and
    • is done for the purpose of placing a school employee or student in fear of:
    • physical harm to the school employee or student; or
    • harm to property of the school employee or student. 

    Utah Code Ann. §53A-11a-102.

     

    Such conduct constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.  Utah Code Ann. §53A-11a-102.

     

    Each school board shall adopt a bullying, cyber-bullying, harassment, and hazing policy on or before September 1, 2012.  The policy must be developed with input from students, parents, teachers, school administrators, school staff or local law enforcement agencies and must provide protection to a student, regardless of the student’s legal status.  The policy must include definitions of bullying, cyber-bullying, harassment, and hazing; language prohibiting bullying, cyber-bullying, harassment, and hazing; language prohibiting retaliation against an individual who reports conduct that is prohibited; and language prohibiting making a false report of bullying, cyber-bullying, harassment, hazing or retaliation.  Utah Code Ann. §53A-11a-301.

     

    The school board shall include in the training of a school employee, training regarding bullying, cyber-bullying, harassment, hazing, and retaliation. To the extent that state or federal funding is available for this purpose, school boards are encouraged to implement programs or initiatives to provide for training and education regarding, and the prevention of, bullying, hazing, and retaliation. The programs or initiatives  may involve:

    • the establishment of a bullying task force; or
    • the involvement of school employees, students, or law enforcement.

     

    Utah statutes on bullying: http://www.le.utah.gov/UtahCode/section.jsp?code=53A-11a

    “Cyber-bullying” means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. Utah Code Ann. §53A-11a-102

  • Is there a state policy on hazing?

    “Hazing” means intentionally or knowingly committing an act that:

    • dangers the physical health or safety of a school employee or student
    • involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements
    • involves consumption of any food, liquor, drug, or other substance
    • involves other physical activity that endangers the physical health and safety of a school employee or student
    • involves physically obstructing a school employee’s or student’s freedom to move
    • is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for, membership or acceptance, or continued membership or acceptance, in any school or school sponsored team, organization, program, or event
    • if the person committing the act against a school employee or student knew that the school employee or student is a member of, or candidate for, membership with a school, or school sponsored team, organization, program, or event to which the person committing the act belongs to or participates in.

    The conduct constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct. Utah Code Ann. §53A-11a-102.

DRESS CODES

  • Are there dress code requirements for schools?

    Under Utah law, a school may adopt a school uniform policy that requires students enrolled at that school to wear a designated school uniform during the school day.  Utah Code Ann. §53A-15-1102.

    School uniform means student clothing conforming to a school uniform policy, which may include a dress code, dress of designated colors, or a reasonable designated uniform of a particular style. A school uniform policy may not include very expensive or prescriptive clothing requirements. Utah Code Ann. §53A-15-1102

    A school may adopt a school uniform policy that requires students enrolled at that school to wear a designated school uniform during the school day.

     

    A school uniform policy shall:

    • protect students’ free exercise of religious beliefs;
    • specify whether the uniform policy is voluntary or mandatory for students;
    • specify whether or not the uniform policy has an opt-out provision; and
    • include a provision for financial assistance to families who cannot afford to purchase a required uniform, which may include: the school providing school uniforms to students; the school making used school uniforms available to students; or other programs to make school uniforms available to economically disadvantaged students. Utah Code Ann. §53A-15-1102.

    A school uniform policy must include a provision allowing a principal at any time during the school year to grant an exemption from wearing a school uniform to a student because of extenuating circumstances. If a school adopts a school uniform policy under this part, that school’s governing body or local school board shall adopt local appellate procedures for school actions. Utah Code Ann. §53A-15-1102 

ENGLISH LANGUAGE LEARNERS (ELL)

  • Who is considered an ELL?

    In Utah, “English Language Learner/Limited English Proficient (ELL/LEP)” means an individual:

    • who has sufficient difficulty speaking, reading and writing or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English or which may deny the individual the opportunity to participate fully in society; or
    • who was not born in the United States or whose native language is a language other than English and who comes from an environment where a language other than English is dominant; or
    • who is an American Indian or Alaskan native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual’s level of English language proficiency.  Utah Admin. Rules R277-716-1.
  • What is the assessment test used for ELL? What are the procedures for the test?

    A local board of education that receives funds under Title III of NCLB shall assure as part of the Consolidated Utah Student Achievement Plan that the local board has a written plan that:

    • includes an ELL/LEP student find process, including a home language survey and a language proficiency for program placement, that is implemented with student registration;
    • uses a valid and reliable assessment of proficiency in listening, speaking, reading, writing, and comprehension of English of identified ELL/LEP students;
    • provides language acquisition instructional services based on the Utah English Language Proficiency Standards;
    • establishes student exit criteria from ALS programs or services;
    • includes the ELL/LEP student count, by classification, prior to July 1 of each year.  Utah Admin. Rules R277-716-4.
  • What instructional programs are available for ELLs?

    The Utah State Board of Education adopts rules to identify ELL/LEP students enrolled in Utah schools and provide consistent and appropriate services to identified students.  Utah Admin. Code R277-716-2.

    The Board distributes funds to local boards for identification and services to ELL/LEP students and their families.  Utah Admin. Code R277-716-3.

    School districts/charter schools shall provide annual notice to parents of students placed in language acquisition programs at the beginning of the school year or no later than 30 days after identification.

    If a child has been identified as requiring alternative language services (“ALS”) after the school year has started, parent notification shall take place within 14 days of the student’s identification and placement. The required notice shall include:

    • the student’s level of English proficiency, how such level was assessed, and the status of the student’s academic achievement
    • the methods of instruction proposed to increase language acquisition, including using both the student’s native language and English if necessary
    • specifically, how the methods of instruction will help the child learn English and meet age- appropriate academic achievement standards for grade promotion and graduation
    • the specific exit requirements for the program including:
      • the expected rate of transition from the program into classrooms that are not tailored for LEP students and
      • the expected graduation from secondary school(s) if funds appropriated consistent with this rule are used for secondary school students.  Utah Admin. Code R277-716
  • Are there provisions for parental involvement for families of English Language Learners?

    Utah provides “English Language Learner Family Literacy Centers (Centers),” which are centers created by public schools to increase parent involvement; communicate with parents who are not proficient in English concerning required and optional activities at the school, in the parents’ preferred language to the extent practicable; increase academic achievement, literacy skills, and language gains in all ethnic groups of students and their families; coordinate with school administrators, educators, families, and students; support and coordinate with other language acquisition instructional services and language proficiency program in the public schools. Utah Admin. Code § R277-715.

ABILITY GROUPING FOR LEARNING PURPOSES

  • Special Education Requirements

    In Utah, all students with disabilities, who are between the ages of three and 22 and have not graduated from high school with a regular diploma, are entitled to a free, appropriate public education.  Utah Code Ann. §53A-15-301.

     

    The State Board of Education must adopt rules consistent with applicable state and federal law.  The rules adopted by the state board shall include the following:

     

      • appropriate and timely identification of students with disabilities
      • diagnosis, evaluation, and classification by qualified personnel
      • standards for classes and services
      • provision for multidistrict programs
      • provision for delivery of service responsibilities
      • certification and qualifications for instructional staff
      • services for dual enrollment students attending public school on a part-time basis.  Utah Code Ann. §53A-15-310; Utah Admin. Code §  R277-750.
  • Common Core Standards

    The State Board of Education establishes rigorous curriculum and graduation requirements consistent with state and federal regulations for grades 9 through 12 that:

    • use competency-based standards and assessments;
    • Include instruction that stresses general financial literacy from basic budgeting to financial investments, including bankruptcy education; and
    • increase graduation requirements in language arts, mathematics, and science to exceed the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics, and 2.0 units in science.

    The State Board of Education shall also establish competency-based standards and assessments for elective courses. Utah Code Ann. §53A-13-108; Utah Code Ann. §53A-1-402.6. 

GRADUATION REQUIREMENTS

  • What are Utah’s graduation requirements?

    The Utah Code establishes the minimum requirements for graduation from Utah high schools.  The Utah State Office of Education summarizes these requirements:

    • English/Language Arts:  4 credits
    • Mathematics:  3 credits; 1 credit Algebra I, 1 credit Geometry, 1 credit Algebra II (or with written parent/guardian permission a credit from the Advanced, Applied or Foundation courses).
    • Science:  3 credits; 2 credits from the four science foundation areas; Earth Systems, Biological Science, Chemistry, or Physics, 1 credit from the foundation courses or the applied or advanced science core list.
    • Social Studies:  3 credits; 1 credit U.S. History; 0.5 credit Geography; 0.5 credit World Civilization; 0.5 credit U.S. Government and Citizenship; 0.5 General Financial Literacy
    • Directed Coursework:  3 credits; 1.5 credits Fine Arts, 1 credit CTE, 0.5 credit Computer Tech
    • Physical Education Health:  2 credits
    • Required Electives:  6 credits
    • Total:  24 required credits 

STATE PARENT INFORMATION RESOURCE CENTERS

  • Contact Information

    Utah PIRC

    The Utah State Parent Information Resource Center (“Utah PIRC”) is called the Utah Family Partnership Network.  The Utah Family Partnership Network helps families and schools come together for student success. 

    Contact Information:

    Utah Family Partnership Network, Utah’s Parent Information Resource Center (PIRC)

    2500 South State, RM D-120

    Salt Lake City, UT 84115

    Phone:  (801) 646-4608

    Fax:  (801) 646-4603

    www.ufpn.org

     

    For more information about different locations: www.ufpn.olrg/locations

    Online Resource

    Utah State Office of Education

    Parent Resources

    USOE Parent Resources

    Website: http://www.schools.utah.gov/curr/main/parent_resources.htm

     

    The Utah Parent Resources page contains information on the following:

    • Core Content Resources
    • Homework Help
    • Utah Core Curriculum
    • Graduation Information
    • Home School
    • Preschool
    • Scholarships
    • Tutoring Programs
    • UEN Parent & Caregiver Resources


    UTAH STATE OFFICE OF EDUCATION

    Contact information:
    Utah State Office of Education
    250 East 500 South
    P O Box 144200
    Salt Lake City, UT 84114-4200
    Telephone: (801) 538-7500