53A-11-905 - Delegation of authority to suspend or expel a student -- Procedure for suspension -- Readmission.
53A-11-905. Delegation of authority to suspend or expel a student -- Procedure forsuspension -- Readmission.
(1) (a) A local board of education may delegate to any school principal or assistantprincipal within the school district the power to suspend a student in the principal's school for upto 10 school days.
(b) A governing board of a charter school may delegate to the chief administrative officerof the charter school the power to suspend a student in the charter school for up to 10 schooldays.
(2) 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 acharter school.
(3) The board may expel a student for a fixed or indefinite period, provided that theexpulsion shall be reviewed by the district superintendent or the superintendent's designee andthe conclusions reported to the board, at least once each year.
(4) If a student is suspended, a designated school official shall notify the parent orguardian of the student of the following without delay:
(a) that the student has been suspended;
(b) the grounds for the suspension;
(c) the period of time for which the student is suspended; and
(d) the time and place for the parent or guardian to meet with a designated school officialto review the suspension.
(5) (a) A suspended student shall immediately leave the school building and the schoolgrounds following a determination by the school of the best way to transfer custody of thestudent to the parent or guardian or other person authorized by the parent or applicable law toaccept custody of the student.
(b) Except as otherwise provided in Subsection (5)(c), a suspended student may not bereadmitted to a public school until:
(i) the student and the parent or guardian have met with a designated school official toreview the suspension and agreed upon a plan to avoid recurrence of the problem; or
(ii) 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 sucha meeting.
(c) A suspension may not extend beyond 10 school days unless the student and thestudent's parent or guardian have been given a reasonable opportunity to meet with a designatedschool official and respond to the allegations and proposed disciplinary action.
Amended by Chapter 161, 2007 General Session