§ 53G-8-210 — Disruptive student behavior.

(1) As used in this section:

(1)(a) "Disruptive student behavior" includes:
(1)(a)(i) the grounds for suspension or expulsion described in Section 53G-8-205; and
(1)(a)(ii) the conduct described in Subsection 53G-8-209(2)(b).
(1)(b) "Parent" includes:
(1)(b)(i) a custodial parent of a school-age child;
(1)(b)(ii) a legally appointed guardian of a school-age child; or
(1)(b)(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).
(1)(c) "Qualifying minor" means a school-age child who:
(1)(c)(i) is at least nine years old; or
(1)(c)(ii) turns nine years old at any time during the school year.
(1)(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.
(1)(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.
(3) (3)(a) A local school board or charter school governing board shall:
(3)(a)(i) authorize a school administrator or a designee of a school administrator to issue notices of disruptive student behavior to qualifying minors; and
(3)(a)(ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to contest a notice of disruptive student behavior.
(3)(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.
(3)(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):

(4)(a) shall be issued to a qualifying minor who:
(4)(a)(i) engages in disruptive student behavior, that does not result in suspension or expulsion, three times during the school year; or
(4)(a)(ii) engages in disruptive student behavior, that results in suspension or expulsion, once during the school year;
(4)(b) shall require that the qualifying minor and a parent of the qualifying minor:
(4)(b)(i) meet with school authorities to discuss the qualifying minor's disruptive student behavior; and
(4)(b)(ii) cooperate with the local school board or charter school governing board in correcting the qualifying minor's disruptive student behavior; and
(4)(c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
(5) A habitual disruptive student behavior notice:

(5)(a) may only be issued to a qualifying minor who:
(5)(a)(i) engages in disruptive student behavior, that does not result in suspension or expulsion, at least six times during the school year;
(5)(a)(ii) (5)(a)(ii)(A) engages in disruptive student behavior, that does not result in suspension or expulsion, at least three times during the school year; and
(5)(a)(ii)(B) engages in disruptive student behavior, that results in suspension or expulsion, at least once during the school year; or
(5)(a)(iii) engages in disruptive student behavior, that results in suspension or expulsion, at least twice during the school year; and
(5)(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.
(6) (6)(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.
(6)(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).

Legislative History

Amended by Chapter 20, 2020 General Session