53G-8-205. Grounds for suspension or expulsion from a public school.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A student may be suspended or expelled from a public school for the following reasons:

(a)frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language;

(b)willful destruction or defacing of school property;

(c)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;

(d)possession, control, or use of an alcoholic beverage as defined in Section 32B-1-102 ;

(e)behavior proscribed under Subsection

(2)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; or

(f)possession or use of pornographic material on school property.

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

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

(A)the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;

(B)the actual use of violence or sexual misconduct;

(C)the actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities; or

(D)the sale, control, or distribution of a drug or controlled substance as defined in Section 58-37-101 , an imitation controlled substance defined in Section 76-18-401 , or drug paraphernalia as defined in Section 76-18-301 ;

(ii)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; or

(iii)making a false report of an emergency at a school under Subsection 76-9-105.5(2)(b) .

(b)A student who commits a violation of Subsection (2)(a) 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:

(i)within 45 days after the expulsion the student shall appear before the student's superintendent, the superintendent's designee, chief administrative officer of a charter school, or the chief administrative officer's designee, accompanied by a parent; and

(ii)the superintendent, chief administrator, or designee shall determine:

(A)what conditions must be met by the student and the student's parent for the student to return to school, including any provided for in the policies described in Section 53G-8-203 ;

(B)if the student should be placed on probation in a regular or alternative school setting consistent with Section 53G-8-208 , 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; and

(C)if it would be in the best interest of both the LEA, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local governing board and giving highest priority to providing a safe school environment for all students.

(3)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.

(4)A suspension or expulsion under this section is not subject to the age limitations under Subsection 53G-6-204(1) .

(5)A local governing board shall prepare an annual report for the state board on:

(a)each violation committed under this section; and

(b)each action taken by the LEA against a student who committed the violation.

Amended by Chapter 362 , 2026 General Session