53G-8-210. Disruptive student behavior.

680 words·~3 min read·/ut/title-53g/chapter-8/53g-8-210

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

Effective 5/12/2020

(1)As used in this section:

(a)"Disruptive student behavior" includes:

(i)the grounds for suspension or expulsion described in Section 53G-8-205 ; and

(ii)the conduct described in Subsection 53G-8-209(2)(b) .

(b)"Parent" includes:

(i)a custodial parent of a school-age child;

(ii)a legally appointed guardian of a school-age child; or

(iii)any other person purporting to exercise any authority over the child which could be exercised by a person described in Subsection (1)(b)(i) or

(ii).

(c)"Qualifying minor" means a school-age child who:

(i)is at least nine years old; or

(ii)turns nine years old at any time during the school year.

(d)"School year" means the period of time designated by a local school board or charter school governing board as the school year for the school where the school-age child is enrolled.

(e)"School-age child" means the same as that term is defined in Section 53G-6-201 .

(2)A local school board, school district, charter school governing board, or charter school may impose administrative penalties in accordance with Section 53G-8-211 on a school-age child who violates this part.

(a)A local school board or charter school governing board shall:

(i)authorize a school administrator or a designee of a school administrator to issue notices of disruptive student behavior to qualifying minors; and

(ii)establish a procedure for a qualifying minor, or a qualifying minor's parent, to contest a notice of disruptive student behavior.

(b)A school representative shall provide to a parent of a school-age child, a list of resources available to assist the parent in resolving the school-age minor's disruptive student behavior problem.

(c)A local school board or charter school governing board shall establish procedures for a school counselor or other designated school representative to work with a qualifying minor who engages in disruptive student behavior in order to attempt to resolve the minor's disruptive student behavior problems.

(4)The notice of disruptive student behavior described in Subsection (3)(a) :

(a)shall be issued to a qualifying minor who:

(i)engages in disruptive student behavior, that does not result in suspension or expulsion, three times during the school year; or

(ii)engages in disruptive student behavior, that results in suspension or expulsion, once during the school year;

(b)shall require that the qualifying minor and a parent of the qualifying minor:

(i)meet with school authorities to discuss the qualifying minor's disruptive student behavior; and

(ii)cooperate with the local school board or charter school governing board in correcting the qualifying minor's disruptive student behavior; and

(c)shall be mailed by certified mail to, or served on, a parent of the qualifying minor.

(5)A habitual disruptive student behavior notice:

(a)may only be issued to a qualifying minor who:

(i)engages in disruptive student behavior, that does not result in suspension or expulsion, at least six times during the school year;

(A)engages in disruptive student behavior, that does not result in suspension or expulsion, at least three times during the school year; and

(B)engages in disruptive student behavior, that results in suspension or expulsion, at least once during the school year; or

(iii)engages in disruptive student behavior, that results in suspension or expulsion, at least twice during the school year; and

(b)may only be issued by a school administrator, a designee of a school administrator, or a truancy specialist, who is authorized by a local school board or charter school governing board to issue a habitual disruptive student behavior notice.

(a)A qualifying minor to whom a habitual disruptive student behavior notice is issued under Subsection

(5)may not be referred to the juvenile court.

(b)Within five days after the day on which a habitual disruptive student behavior notice is issued, a representative of the school district or charter school shall provide documentation, to a parent of the qualifying minor who receives the notice, of the efforts made by a school counselor or representative under Subsection (3)(c) .

Amended by Chapter 20 , 2020 General Session