53A-11-907 - Student suspended or expelled -- Responsibility of parent or guardian -- Application for students with disabilities.
53A-11-907. Student suspended or expelled -- Responsibility of parent or guardian-- Application for students with disabilities.
(1) If a student is suspended or expelled from a public school under this part for morethan 10 school days, the parent or guardian is responsible for undertaking an alternativeeducation plan which will ensure that the student's education continues during the period ofsuspension or expulsion.
(2) (a) The parent or guardian shall work with designated school officials to determinehow that responsibility might best be met through private education, an alternative programoffered by or through the district or charter school, or other alternative which will reasonablymeet the educational needs of the student.
(b) The parent or guardian and designated school official may enlist the cooperation ofthe Division of Child and Family Services, the juvenile court, or other appropriate state agenciesto meet the student's educational needs.
(3) Costs for educational services which are not provided by the school district or charterschool are the responsibility of the student's parent or guardian.
(4) (a) Each school district or charter school shall maintain a record of all suspended orexpelled students and a notation of the recorded suspension or expulsion shall be attached to theindividual student's transcript.
(b) The district or charter school shall contact the parent or guardian of each suspendedor expelled student under the age of 16 at least once each month to determine the student'sprogress.
(5) (a) This part applies to students with disabilities to the extent permissible underapplicable law or regulation.
(b) If application of any requirement of this part to a student with a disability is notpermissible under applicable law or regulation, the responsible school authority shall implementother actions consistent with the conflicting law or regulation which shall most closelycorrespond to the requirements of this part.
Amended by Chapter 161, 2007 General Session