53A-11-910 - Disruptive student behavior.
53A-11-910. Disruptive student behavior.
(1) As used in this section:
(a) "Disruptive student behavior" includes:
(i) the grounds for suspension or expulsion described in Section 53A-11-904; and
(ii) the conduct described in Subsection 53A-11-908(2)(b).
(b) "Parent" includes:
(i) a custodial parent of a school-age minor;
(ii) a legally appointed guardian of a school-age minor; or
(iii) any other person purporting to exercise any authority over the minor which could beexercised by a person described in Subsection (1)(b)(i) or (ii).
(c) "Qualifying minor" means a school-age minor 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 localcharter board as the school year for the school where the school-age minor is enrolled.
(2) A local school board, school district, governing board of a charter school, or charterschool may impose administrative penalties on a school-age minor who violates this part.
(3) (a) It is unlawful for a school-age minor to engage in disruptive student behavior.
(b) A qualifying minor is subject to the jurisdiction of the juvenile court if the qualifyingminor:
(i) engages in disruptive student behavior, that does not result in suspension orexpulsion, at least six times during the school year;
(ii) (A) engages in disruptive student behavior, that does not result in suspension orexpulsion, at least three times during the school year; and
(B) engages in disruptive student behavior, that results in suspension or expulsion, atleast once during the school year; or
(iii) engages in disruptive student behavior, that results in suspension or expulsion, atleast twice during the school year.
(4) (a) A local school board or governing board of a charter school shall:
(i) authorize a school administrator or a designee of a school administrator to issuenotices of disruptive student behavior to qualifying minors; and
(ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to contesta notice of disruptive student behavior.
(b) A school representative shall provide to a parent of a school-age minor, a list ofresources available to assist the parent in resolving the school-age minor's disruptive studentbehavior problem.
(c) A local school board or governing board of a charter school shall establish proceduresfor a school counselor or other designated school representative to work with a qualifying minorwho engages in disruptive student behavior in order to attempt to resolve the minor's disruptivestudent behavior problems before the qualifying minor becomes subject to the jurisdiction of thejuvenile court as provided for under this section.
(5) The notice of disruptive student behavior described in Subsection (4)(a):
(a) shall be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension orexpulsion, three times during the school year; or
(ii) engages in disruptive student behavior, that results in suspension or expulsion, onceduring 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 studentbehavior; and
(ii) cooperate with the local school board or governing board of a charter school incorrecting the school-age minor's disruptive student behavior;
(c) shall contain a statement indicating:
(i) the number of additional times that, if the qualifying minor engages in disruptivestudent behavior that does not result in suspension or expulsion, will result in the qualifyingminor receiving a habitual disruptive student behavior citation; and
(ii) that the qualifying minor will receive a habitual disruptive student behavior citation ifthe qualifying minor engages in disruptive student behavior that results in suspension orexpulsion; and
(d) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
(6) A habitual disruptive student behavior citation:
(a) may only be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension orexpulsion, at least six times during the school year;
(ii) (A) engages in disruptive student behavior, that does not result in suspension orexpulsion, at least three times during the school year; and
(B) engages in disruptive student behavior, that results in suspension or expulsion, atleast once during the school year; or
(iii) engages in disruptive student behavior, that results in suspension or expulsion, atleast twice during the school year; and
(b) may only be issued by a school administrator, a designee of a school administrator, ora truancy specialist, who is authorized by a local school board or governing board of a localcharter school to issue habitual disruptive student behavior citations.
(7) (a) A qualifying minor to whom a habitual disruptive student behavior citation isissued under Subsection (6) shall be referred to the juvenile court for violation of Subsection (3).
(b) Within five days after the day on which a habitual disruptive student behavior citationis issued, a representative of the school district or charter school shall provide documentation, toa parent of the qualifying minor who receives the citation, of the efforts made by a schoolcounselor or representative under Subsection (4)(c).
(8) Nothing in this part prohibits a local school board, school district, governing board ofa charter school, or charter school from taking any lawful action not in conflict with theprovisions of this section, including action described in this part and action relating to ahabitually truant or ungovernable child, to address a disruptive student behavior problem of:
(a) a school-age minor who is not a qualifying minor; or
(b) a qualifying minor, regardless of the number of times that the qualifying minor hasengaged in disruptive student behavior during the school year.
Amended by Chapter 250, 2008 General Session