Last modified: December 4, 2023

Policy 3241 P1 Suspension

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1. 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 as defined in Utah Code;
   • 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
   • possession or use of pornographic material on school property.
2. 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 as defined in Utah Code, an imitation controlled substance defined in Utah Code, or drug paraphernalia as defined in Utah Code; 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;
   • 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:
     • within 45 days after the expulsion the student shall appear before the student’s local school board, superintendent, the superintendent’s designee, or the chief administrative officer’s designee, accompanied by parent(s) or legal guardian(s); and
   • the superintendent, chief administrator, or designee shall determine:
     • what conditions must be met by the student and the student’s parent(s)/ guardian(s) for the student to return to school; 
     • if the student should be placed on probation in a regular or alternative school setting consistent with Utah Code, 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 
     • if it would be in the best interest of both the school district 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.
• A suspension or expulsion under this section is not subject to the age limitations under Utah Code.
• The school board shall prepare an annual report for the State Board of Education on: 1
  • each violation committed under this section; and
  • each action taken by the school district against a student who committed the violation.

Legal References

Utah Code 32B-1-103

Alcoholic Beverage Control Act- General Provisions Utah

Utah Code 58-37-2

Controlled Substances Act- Definitions Imitation Controlled

Utah Code 58-37b-2

Substances Act- Definitions Drug Paraphernalia defined

Utah Code 58-37a-3

Student suspended or expelled- Responsibility of parent(s) or guardian(s)

Utah Code 53G-8-208

Application for students with disabilities

Utah Code 53G-6-204

Minors exempt from school attendance

Approved by Board of Education

July 14, 1992

Revised:  March 12, 2013

Policy

Policy No. 3241 Suspension