If a particular type of conduct has the effect of disrupting the learning atmosphere, it should be subject to regulation. The Board possesses discretion in promulgating regulations for the proper conduct of students.Utah Code § 53E-3-501(1)(b)(v) (2018)
Utah Admin. Rules R277-609-1 (August 7, 2017)
Comprehensive Conduct and Discipline Plan
The District shall, with input from administration, instructional and support staff, students, parents, community councils, and other community members, develop a comprehensive plan for student and classroom management and school discipline. This plan shall meet the content requirements set forth in Utah Admin. Rules R277-609-4(3).Utah Admin. Rules R277-609-4 (August 7, 2017)
Relation of School Discipline Rules to Other Policies
Rules and procedures shall prohibit corporal punishment and shall restrict the use of reasonable and necessary physical restraint as set forth in these policies and pursuant to Utah Code § 53G-8-302 and Utah Administrative Rules R277-609. Policies shall include written procedures for the suspension and expulsion of, or denial of admission to, a student, consistent with due process and other provisions of law, including Utah Code § 53G-8-204 et seq. Moreover, all rules and procedures shall be consistent with all other policies of the Board, and all state statutes and federal laws governing school discipline, including Utah Code § 53G-8-203, Utah Code § 53G-8-204 and Section 504 of the Rehabilitation Act of 1974 (29 U.S.C. § 794).Utah Code § 53G-8-203 (2018)
Revising Discipline Rules
In adopting or revising the District’s rules and regulations, the school board shall solicit input from various interest groups at the school and in the community, including district employees, parents and guardians of students, and students.Utah Code § 53G-8-202(2)(a) (2018)
Students may be removed from regular classes or District premises for non-disciplinary health, safety, and welfare reasons when the Board or its designee determines that an emergency exists.
Any student removed from school for any “emergency” reason who is in a condition that threatens his or her own welfare or the welfare of others shall be released to the student’s parent or guardian, the parent’s or guardian’s representative, or other proper authority, including, but not limited to, law enforcement officers and medical personnel.
The District shall make reasonable efforts to notify the parent or guardian prior to removing a student from school premises for emergency reasons. If the parent cannot be notified prior to the removal, the parent shall be notified as soon as possible after the removal and the reasons for it.
Students with Disabilities
School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a student with a disability who violates a code of student conduct.
School personnel may remove a student with a disability who violates a code of student conduct from his/her current placement to an appropriate interim alternative placement, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to students without disabilities), and for additional removals of no more than ten consecutive school days in the same school year for separate incidents of misconduct, as long as those removals do not constitute a change of placement.
After a student with a disability has been removed from his/her current placement for ten school days in the same school year, during any subsequent days of removal the LEA must provide services to the extent required.
For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student’s disability, school personnel may apply the relevant disciplinary procedures to students with disabilities in the same manner and for the same duration as the procedures would be applied to students without disabilities, except after the tenth day of removal that constitutes a change in placement, the District must provide services to the student.
A school employee may not inflict or cause the infliction of corporal punishment upon a student.Utah Admin. Rules R277-608 (September 21, 2017)
Utah Code § 53G-8-302(1) (2018)
The term “corporal punishment” means the intentional infliction of physical pain upon the body of a student as a disciplinary measure.Utah Code § 53G-8-301(1) (2018)
A school employee may use of reasonable and necessary physical restraint in self-defense or when otherwise appropriate to the circumstances to:
- obtain possession of a weapon or other dangerous object in the possession or under the control of a student;
- protect the student or another individual from physical injury; or
- remove from a situation a student who is violent; or
- protect property from being damaged, when physical safety is at risk.
A school employee may also use less intrusive means, such as a physical escort, to address these types of circumstances. (A “physical escort” is temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location.)
Policy FHAF sets forth specific provisions governing the use of physical restraint with students.Utah Code § 53G-8-301(2) (2018)
Utah Code § 53G-8-302 (2018)
Utah Admin. Rules R277-609-4(3)(k) (August 7, 2017)
An employee of the District may not be subjected to any sanction for failure or refusal to commit an act prohibited by this policy.Utah Code § 53G-8-302(4) (2018)
Policy FDD regarding Child Abuse Reporting and Investigation shall apply to complaints made to the District regarding improper or unauthorized use of corporal punishment.Utah Code § 53G-8-303 (2018)
This policy does not restrict the use of physical contact which is considered to be reasonable discipline for purposes of behavior reduction intervention and which is also in compliance with state regulations and District policies adopted pursuant to Utah Code § 53E-7-202 regarding provision of education for students with disabilities.Utah Code § 53E-7-202 (2018)
Disciplinary records shall be made available to parents/legal guardians or the student, whichever is appropriate, pursuant to the District’s student records policy.
Notice of Rules
A copy of the rules and procedures shall be made available to all students at the time of their enrollment in the school. If a school makes significant changes to its discipline rules and procedures, written notice of the adopted and revised discipline rules and procedures shall be distributed to all new and continuing students. In the case of all new, continuing or transfer students, a copy of the rules and procedures shall be mailed to the student’s parents or legal guardian.Utah Code § 53G-8-204 (2018)
Board Review Of School Discipline Rules
Each school shall file a copy of its school discipline rules and procedures with the Board within thirty days after adoption of the rules and procedures. The Board shall review the rules and procedures filed by each school and may require the school to modify any rule or procedure that is not consistent with Board policy or state statutes on discipline in the public schools.Utah Code § 53G-8-202 (2018)
Utah Code § 53G-8-203 (2018)