Safe Schools Policy

Approved: 12/8/04
Amended:  6/22/05, 8/12/15, 11/8/17

Philosophy—

The Board of Education of South Sanpete School District recognizes that every student in the schools should have the opportunity to learn in an environment that is safe, conducive to the learning process, and free from unnecessary disruption.  Every student is expected to follow rules of conduct and to show respect for the personal, civil, and property rights of all members in the school community. Parents/guardians are expected to assume proper legal responsibility for their student’s behavior, cooperate with school officials in encouraging student self-discipline, and discourage behavior that is disruptive to the District’s Educational Program.

Definitions—

  1. Suspension - means removal of a student from the student's regular classroom assignment for a definite period oftime.
  2. In-school suspension - means temporary reassignment, for a specific period of time, to a designated suspension classroom within theschool.
  3. Short-term suspension - means exclusion of the student from the school, school grounds, and school activities and functions for a specific period of time that is equal to or less than 10 schooldays.
  4. Long-term suspension - means exclusion of the student from the school, school grounds, and school activities and functions for a specific period of time that is greater than 10 schooldays.
  5. Expulsion - means termination of the student's status as a student enrolled in the school.  Expulsion may be for an indefinite or fixed period oftime.
  6. Involuntary transfer - means reassignment of a student from one school, campus, or academic program, to a different school, campus, or academic program within the District. Involuntary transfer may be for an indefinite period of time or for a fixed period oftime.
  7. School district location - means in any school building or on any school premises; on any school-owned vehicle or in any other school-approved vehicle used to transport students to and from school or school activities; off school property at any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the schooldistrict.
  8. Disruptive behavior - means conduct which unreasonably interferes with the educational process or instruction of students in the classroom or elsewhere, including foul, profane, vulgar or abusivelanguage.Utah Code § 53A-11-904 (2010).
  9. Habitually Disruptive Student - means a student who has caused a disruption in a classroom, on school grounds, in a school vehicle, or at school-sponsored activities or events six or more times during a school year and whose blatant behavior required the attention of school employees to deal with thedisruption.
  10. Habitual Disruptive Citation - means a citation issued to a student who is 9 years old or who will be 9 during the school year for disruptive behavior. This citation will result in a referral to juvenilecourt.

Utah Code § 53A-11-904 (2010).

11. Bullying - means intentionally or knowingly committing an actthat:

  1. endangers the physical health or safety of a school employee or student;or
  2. involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements involves forced or involuntary consumption of any food, liquor, drug, or other substance;or
  3. involves forced or coerced actions or activities of a sexual nature  or with sexual connotations;or
  4. involves other physical activity that endangers the physical health and safety of a school employee or student;or
  5. involves physically obstructing a school employee's or student's freedom to move;and
  6. is done for the purpose of placing a school employee or student in fearof:
  7. physical harm to the school employee or student;or
  8. harm to property of the school employee orstudent.
  9. The conduct described above constitutes bullying regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, theconduct.
    Utah Code § 53A-11a-102 (2011)

12.  Communication - means the conveyance of a message, whether verbal, written, orelectronic.

Utah Code § 53A-11a-102 (2011)

13.  Cyber-Bullying -means

         a.  Using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or
              threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electroniccommunication.
         b.  In addition, any communication of this form that is generated off- campus but causes or threatens to cause a material and substantial disruption at school or interference with the rights of students to be secure
              may also be consideredcyber-bullying.

Utah Code § 53A-11a-102 (2011)

14.  Harassment - means repeatedly communicating to another individual, in  an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for theindividual.

Utah Code § 53A-11a-102 (2011)

15.  Hazing - means intentionally or knowingly committing an actthat:

           a.  endangers the physical health or safety of a school employee or student;and

           b.  involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to theelements;

           c.  involves consumption of any food, liquor, drug, or othersubstance;

           d.  involves forced or coerced actions or activities of a sexual nature  or with sexualconnotations;

           e.  involves other physical activity that endangers the physical health and safety of a school employee or student;or

           f.  involves physically obstructing a school employee's or student's freedom to move;and

          g.  is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for, membership or acceptance, or continued membership or acceptance, in any school or school
               sponsored team, organization, program, or event; or

          h.  if the person committing the act against a school employee or student knew that the school employee or student is a member of, or candidate for, membership with a school, or school sponsored team,
               organization, program, or event to which the person committing the act belongs to or participatesin.

          j.  The conduct described in above constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, theconduct.

Utah Admin. Code R277-613-1 (2011) Utah Code § 76-5-107.5 (2011)

Utah Code § 53A-11a-102 (2011)

 16.  Retaliate means an act or communicationintended:

           a.  as retribution against a person for reporting bullying or hazing;or

           b.  to improperly influence the investigation of, or the response to, a report of bullying orhazing.

17.  Weapon - means "dangerous weapon," which includes any firearm or any object that is used for, or is readily capable of, causing death or serious bodily injury. "Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or any device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive. The following factors are used in determining whether an  object other than a firearm is a dangerousweapon:

      a.  the location and circumstances in which the object was used or possessed;

      b.  the primary purpose for which the object wasmade;

      c.  the character of the wound, if any, produced by the object's unlawful or improperuse;

      d. the manner in which the object was unlawfully or improperlyused;

       e.  whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety;and

       f.  the lawful purposes for which the object may beused.

Possession of a weapon shall not violate this policy if possession is approved in writing by the responsible school administrator or if the item or material is present or to be used in connection with a lawful activity approved in writing by the responsible school administrator before the material in question is brought on school premises.

Utah Code § 76-10-501 (2014)
Utah Code § 76-10-505.5 (2013)

 18.  Unlawful conduct - means any conduct by a student which violates any local, state, or federal law or regulation, or violates any District or school policy, or violates the legal rights of another person, and includes, but is not limited to, the following:

      a.  Harassment: occurs when a student, with intent to frighten or harass another, communicates a written or recorded threat to commit any violentfelony.
           Utah Code § 76-5-106 (1995)

       b.  Burglary: means entering or remaining in a building or any portion of a building with the intent to commit an additionalcrime.
            Utah Code § 76-6-202 (2012)

       c.  Theft: means obtaining or exercising unauthorized control over the property of another with the purpose to deprive him or herthereof.
            Utah Code § 76-6-404 (1973)

       d.  Criminal

       e.  mischief: means intentionally

               i.  damaging, defacing, or destroying the property of another; or

               ii.  recklessly or willfully shooting or propelling a missile or other object at or against a motor vehicle, bus, airplane, locomotive, railway cars, whether moving or standing;or

               iii.  unlawfully tampering with the property of another so as to recklessly endanger human life, health, or safety;or

               iv.  recklessly or willfully cause or threaten a substantial interruption or impairment of criticalinfrastructure.
                     Utah Code § 76-6-106 (2012)

       f.  Assault:means

             i.  an attempt, with unlawful force or violence, to do bodily injury toanother;

             ii.  a threat, accompanied by a show of immediate force or violence, to do bodily injury to another;or

             iii.  an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury toanother.
                  Utah Code § 76-5-102 (2003)

       g.  Gang activity: means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts,
            which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. Gang- related activity includes but is
            not limited to:

              i.  Wearing, possessing, using or distributing, displaying or selling any clothing, jewelry, emblem, badge, symbol, sign or other things which evidence membership in agang.

             ii.  Use of a name associated with or attributable to agang;

             iii.  Designating "turf" or an area for gang activity or occupation.
                  Utah Code § 76-9-801 -- 804
                  Utah Code § 76-9-901 -- 907

19.  Making a false alarm -means

         a.  improper activation of school alarms or school safety systems;or

         b.  if a student circulates a report or warning of any fire, impending bombing, or other crime or catastrophe, knowing that the report or warning is false or baseless and is likely to cause the evacuation of any
              building or public transport.
                Utah Code § 76-9-105 (2002)

20.  Willfully defaces or otherwise injures schoolproperty.

Utah Code § 53A-11-806 (2008)

21.   Disrupting the operation of a school - occurs when a person, after being asked to leave by a school official, remains on school property for the purpose of encouraging or creating an unreasonable and substantial 
        disruption or risk of disruption of a class, activity, program, or other function of the school.

Utah Code § 76-9-106 (1992)

22.  Terroristic Threats - means a student threatens to commit any offense involving bodily injury, death, or substantial property damage,and:

           a.  Threatens to use a weapon of mass destruction or hoax weapon of mass destruction;or

           b.  The student acts with intentto:

i.  Influence or affect a government or unit of government;or

ii.  intimidate or coerce a civilian population;or

iii.  Cause action of any nature by an official or volunteer agency organized to deal with emergencies;or

iv.  Prevent or interrupt the occupation of a building or a portion of a building, a place to which the public has access to, or a facility or vehicle of public transportation operated by a common carrier
Utah Code § 76-5-107 (2010)

23.  Sexual Harassment - means unwelcome sexual advances, requests for sexual favors, other physical or verbal conduct or communications of a sexual nature, and any other gender-based harassment,when:

           a.  Submission to or rejection of the conduct affects the student's academic performance, participation  in  school-sponsored activities, or any other aspect of the student's education;or

           b.  The conduct has the purpose or effect of unreasonably interfering with a student's academic performance or participation in school- sponsored activities, or creating an intimidating, hostile or offensive
                education environment.

Policy-

It is the policy of South Sanpete School District to promote a safe and orderly school environment for all students and employees. Accordingly, the District holds all students, employees, and other adults to the highest standards of behavior on school grounds and during school-sponsored activities. Criminal acts, acts that create an imminent danger, or disruptive behavior of any kind will not be tolerated. Any individual who engages in such activity will be subject to school/District disciplinary action, criminal prosecution, or both.

Publication of Safe Schools Policy—

A copy of this policy shall be given to each student upon enrollment in the school. Each student transferring to a school in the District who was not attending a school in the District prior to the transfer shall receive a copy of this policy. When a copy of this  policy is provided to a student, a copy shall also be provided to the student's parent or guardian.

Utah Code § 53A-11-903(2)(a) (2007)

A copy of this policy shall be posted in a prominent place in each school in the District. Any significant change to this policy shall be posted in each school in the District, and a copy of the revised policy shall be distributed to the students in each school.

Utah Code § 53A-11-903(2)(b) and (c) (2007)

Conduct Warranting Discipline—

A student may be disciplined for the conduct described below. The type of the discipline imposed will depend on the nature of the particular conduct.

  1. Conduct Which May Warrant, But Does Not Require Suspension or Expulsion:

These situations will normally be handled by the administration at the school level:

a. A student may be disciplined for any of the following conduct when it occurs in a school building, or on or in proximity to school property; in conjunction with any school sponsored activity; in or on a school vehicle; is directed at or against another student or a District employee; or when it threatens harm or does harm to the school, school property, a person associated with the school, or property of a person associated with theschool.

i.  Any unlawful conduct, as definedabove.

ii.  Frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use  of foul, profane, vulgar, or abusivelanguage.

iii.  Willful destruction, defacing, or damaging of school property.

iv.  Behavior, or threatened behavior, which poses an immediate and significant threat to the welfare, safety or morals of other students or school personnel or to the operation of theschool.

v.  Disruptive behavior, as defined above. (#21)

vi.  Possession or use of pornographic material on school property that would constitute a misdemeanor offense  under Utah Code Ann. § 76-10-1235. This includes accessing such material through the District computer network or by using any District-owneddevice.

vii.  Bullying, harassment, cyber bullying, retaliation, and making false allegations of bullying, bullying or retaliation. See PolicyJGA.

viii.  Any use of an electronic device or camera to record sounds or images or otherwise capture material in an unauthorized setting or at an unauthorized time shall subject the user of the device to increased discipline based on the circumstances and whether the student has been involved in prior violations of thispolicy.

a.  Selling, giving, delivering, transferring, possessing, controlling, or distributing an alcoholic beverage on or in proximity to school property or at any school sponsored event.  See PolicyJFCI.

b.  Selling, giving, delivering, transferring, possessing, controlling, or distributing tobacco products on or in proximity to school property or at any school sponsored event. Students shall not smoke or use tobacco products on school property or at any school-related or school-sanctioned activity on or off school property. "Tobacco products" including electronic cigarettes as defined by statelaw.
   Utah Code § 76-10-101

c.  Being under the influence of an alcoholic beverage or controlled substance on or in proximity to school property or at any school sponsored event.  See PolicyJFCI.

d.  Engaging in, assisting, permitting, or otherwise being involved in hazing, as provided by the District's policy prohibiting hazing. See PolicyJGA.
Utah Code § 53A-11-902(5) (2010)
Utah Code § 53A-11-904(1) (2010)
Utah Code § 53A-3-501 (1998)
Utah Code § 53A-11-908 (2010)

e.  Engaging in conduct that contains the elements of the offense of arson or aggravated arson under the Utah CriminalCode.
Utah Code § 76-6-102 (2013)
Utah Code § 76-6-103 (1986)

f.  Engaging in conduct that contains the elements of anyfelony.

g.  SexualHarassment.

h.  Gang-relatedactivity

 2.  Conduct Which Requires Suspension orExpulsion

a.  A student shall be suspended or expelled from school for participation in any serious violation affecting another student or a staff member, or any serious violation when it occurs in a school building, in or on school property, or in conjunction with any school sponsored activityincluding:

i.  The sale, control, delivery, transfer or distribution of a drug or controlled substance, as defined in Utah Code § 58-37-2, an imitation controlled substance, as defined in Utah Code § 58-37b-2, or drug paraphernalia as defined  in Utah Code § 58-37a-3; See PolicyJFCI.

ii.Commission of an act involving the use of force or the threatened use of force, which if committed by an adult, would be a felony or class Amisdemeanor.

iii. The use of any device or any electronic device or camera to threaten, intimidate or embarrass another or to capture and transmit test information or any other information in a manner constituting fraud, theft or academic dishonesty will result in an immediate suspension of not less than three (3) days nor more than ten (10)days.

iv.  The use of any device in a manner which may be physically harmful to another person, such as shining a laser in the eyes of another student, will result in an immediate suspension of not less than three (3) days nor more than ten (10) days. When a student repeatedly engages in such behavior, the punishment may be increased as isappropriate.

Utah Code § 53A-11-904(2) (2010)
Utah Code § 76-5-102 (2003)
Utah Code § 76-5-102.3 (1992)

  3.  Conduct Which Requires 1-year Expulsion

a.  A student shall be expelled from school for not less than one year, subject to the 45-day review process for mandatory year  expulsions set forth below, if the student participates in any serious violation affecting another student or a staff member, or any  serious violation when it occurs in a school building ,in or on school property; or in conjunction with any school sponsored activity including one of the following violations:

i.  possession, control, or actual or threatened use of a real weapon, explosive, or flammable device ormaterial;

ii.  the actual or threatened use of a look-alike or pretend weapon with intent to intimidate another person orto disrupt normal schoolactivities.
Utah Code § 53A-11-904(2)(b) (2010)

  4.  Discipline Rules for Students WithDisabilities

a.  Federal and state laws impose particular requirements regarding discipline of students identified as having a disability. Discipline  of such students must comport with the requirements set forth below for students with disabilities.

Remedial Measures and Disciplinary Sanctions—

Following a determination that a student has committed a violation, the student may be subject to one of the following remedial measures or disciplinary sanctions, as is determined to be appropriate for the violation or as is required by the terms of this policy or other District policies.

  1. RemedialMeasures
    1. Continued school attendance subject to the terms of a remedial discipline plan prepared to correct the violation. This remedial measure is available only where the violation is for willful disobedience, defiance of authority, or disruptive behavior when such conduct is not of such a violent or extreme nature that immediate removal from school isrequired.
    2. Continued school and class attendance accompanied by the student's parent or guardian for a designated period of time. This remedial measure is available only with the consent of the student’s teacher or teachers and the agreement of the student's parent or guardian. The parent or guardian must agree to attend all of the student's classes for each day of the suspension.  If the  parent or guardian fails to attend class with the student, the student shall then be subject to suspension or other discipline  in accordance with thispolicy.
    3. In-school suspension. Attendance in a designated in-school suspension program. Students shall be instructed in the essential elements of the courses in which they are enrolled at the time of removal.
    4. Home-based instruction. Instruction at home, provided that combined days of suspension and assignment to home-based instruction shall not exceed ten (10) school days in asemester.
    5. Voluntary transfer. Voluntary transfer to another school, campus, community-based alternative school or other special program within the District, subject to the admission criteria of such alternativeprograms.
    6. Withholding grade reports, diplomas and transcripts. If the District determines that school or District property has been lost or willfully cut, defaced or otherwise injured by a student, the District may withhold the issuance of official written grade reports, diplomas and transcripts of the student responsible for the damage or loss until the student or student's parent or guardian has paid for the damages.
      1. If the student and the student's parent or guardian are unable to pay for the damages or if it is determined by the school, in consultation with the student's parent or  guardian, that the student's interests would not be served if the parent or guardian were to pay for the damages, then  the District shall provide a program of voluntary work for the student in lieu of the payment. In that case, the District shall release the official grades, diploma and transcripts of the student upon completion of the voluntarywork.
      2. If the Department of Human Services or a licensed child- placing agency has been granted custody of the student,  that student's records, if requested by the Department or agency, may not be withheld from the Department or agency for non-payment of damages under thissection.
      3. No penalty may be assessed for damages which may be reasonably attributed to normal wear and tear.
      4. Utah Code § 53A-11-806 (2008)
  2. Disciplinary Sanctions
    1. Detention. Students in grades K through six may be detained in school after regular school hours in the vent the responsible school administrator determines that such action is justified in discipling the student. No student may be detained after regular school hours until his or her paren or guardian has received prior notice of the detention to take place on a particular school day. 
      1. The notice provided for under this policy need not be completed prior to detention of the student if detention is necessary for the student's health or safety.
        Utah Code § 53A-3-415 (1991)
    2. Suspension.
    3. Involuntary transfer. Involuntary transfer to another school, campus, community-based alternative school or other special program within the District.
    4. Expulsion

Authority to Impose Discipline—

The Board of Education hereby delegates to each school principal within the District the authority to suspend a student in the principal’s school for up to ten (10) school days, in accordance with this policy.

When the situation warrants, school officials shall cooperate with resource officers, government agencies, and law enforcement officers who are carrying out official duties. Students may not be released to law enforcement officers unless the student has been placed under arrest or the parent/guardian agrees to the release. An exception to this would be made in the case of investigating child abuse or neglect.

The Board of Education hereby delegates to the Superintendent the authority to suspend a student for up to one (1) school year.

The Board of Education has the authority to expel a student for a fixed or indefinite period.

Utah Code § 53A-11-905 (2007)

Procedure for Imposing Discipline—

Remedial measures or disciplinary sanctions may be imposed on a student only after it has been determined, following appropriate due process, that the student has committed a violation. The nature of the due process required depends in part on the magnitude of the penalty to be imposed.

  1. Short-termSuspension
    1. Informal due process hearing. A school principal may suspend a student for up to ten (10) school days for a violation. Prior to imposing such a suspension, the school principal shall meet with the student, if possible, to discuss the incident(s) and to provide the student an opportunity to respond. The principal shall then determine whether a violation has occurred and whether suspension or other discipline is appropriate. In appropriate cases, the principal shall consider and offer the student alternatives to suspension, including in-school suspension and parental attendance with the student (where appropriate consent from teachers is obtained).
    2. Short-term suspension pending due process hearing. If the school principal makes an initial determination that the violation warrants long-term suspension or expulsion, the school principal may recommend those sanctions and may impose a short-term suspension pending a hearing on whether those sanctions should be imposed.
    3. Departure from school grounds. A suspended student shall immediately leave the school building and grounds following a determination by the school of the best way to transfer custody of the student to the parent or guardian or other person authorized by the parent or applicable law to accept custody of thestudent.
      Utah Code § 53A-11-905(5)(a) (2007)
    4. Notice of short-term suspension. If a short-term suspension is imposed, the principal or assistant principal shall immediately provide notice to the student’s parent or guardian. Notice shall, if possible, be given by telephone.  If reasonable efforts to contact  the parent or guardian by telephone are unsuccessful, then written notice shall be sent to the parent or guardian. The notice, whether verbal or written, shall include thefollowing:
      1. That the student has beensuspended.
      2. The grounds for thesuspension.
      3. The period of time for which the student issuspended.
      4. The date, time and place for the parent or guardian and student to meet with the principal or assistant principal to review the suspension. This meeting shall be scheduled to occur as soon as is practicable but, in all cases, prior to the end of the tenth day of thesuspension.
        Goss v. Lopez, 410 U.S.  565 (1975)
        Utah Code § 53A-11-905(4) (2007) 
        Utah Code § 53A-15-1503(10)(b) (2014)
    5. Notice of recommended expulsion or long-term suspension. If the principal or assistant principal has recommended that the Superintendent expel the student or suspend the student for a  period longer than ten days, that fact shall be included in the notice to the parent or guardian.
    6. Meeting to review suspension. At this meeting, the principal or assistant principal shall review with the parent or guardian and student the charges and evidence against the student, and shall provide the student and parent or guardian with an opportunity to respond. During this meeting, the principal or assistant principal may determine whether the suspension previously imposed should be maintained, whether to adopt an alternative remedial measure,  or whether the suspension should be terminated. The principal or assistant principal should also discuss with the parent or guardian a plan to avoid recurrence of theproblem.
      Utah Code § 53A-11-905(5)(b), (c) (2007) Utah Code § 53A-15-1503(10)(b) (2014)

4.  Long-term Suspension or Expulsion

  1. Due process hearing. If the principal or assistant principal recommends long-term suspension or expulsion, he or she shall notify the Superintendent of that recommendation. The Superintendent shall then schedule a hearing to be held with the student's parent or guardian, the student, and the Superintendent or the Superintendent's designee. The hearing shall be scheduled to take place prior to the tenth day of the student's suspension where possible.
  2. Notice of hearing. The Superintendent shall provide written notice of the date, time and place of the hearing to the student and his or her parent or guardian so as to afford a reasonable opportunity for preparation. The notice shall include a statement of the charges against the student, that a recommendation has been made for suspension of more than 10 days or for expulsion as well as the period of time for which suspension or expulsion has been recommended. The statement of the charges against the student shall include the nature of the evidence and the names of any witnesses whose testimony may be used against the student unless confidentiality is required due to the necessity to protect student witnesses.
    Utah Code § 53A-15-1503(10)(b) (2014)
    Wagner v. Ft. Wayne Community Schools, 255 F. Supp. 2d 915 (N.D. Ind. 2003)
  3. Conduct of hearing. The Superintendent or the Superintendent's designee shall preside at and conduct the hearing at the appointed time and place. The District and the student may each be represented by a person of their choice. Each side may present testimony of witnesses or other evidence, may cross-examine witnesses and may make legal arguments relevant to the issues. However, the District may present hearsay evidence if confidentiality is required due to the necessity to protectwitnesses.
    Wagner v. Ft. Wayne Community Schools, 255 F. Supp. 2d 915 (N.D. Ind. 2003)
    Utah Code § 53A-11-905 (2007) Utah Code § 53A-11-906 (2007)
  4. Board evaluation of expulsion recommendation. If the Superintendent recommends expulsion for an indefinite or definite period of time, then the Superintendent will transmit that recommendation to the Board of Education along with the record  of evidence submitted to the Superintendent. The Board may review the recommendation based on this record or may, at its sole discretion, accept further evidence. Following its review,  the Board may accept, modify, or reject the recommendation, or impose other disciplinary sanctions.  This decision is final.
    Utah Code § 53A-11-905(3) (2007)
  5. Appeal. a student may appeal the determination of the Superintendent to the Board of Education by filing a written notice of appeal with the Superintendent within 10 days of the date the decision of the Superintendent is mailed to the student. No further hearing will be held. the Board will review the evidence submitted to the superintendent and the written determination of the Superintendent. the Board may affirm the Superintendents decision or modify the Superintendent's decision. The Board's written decision will be issued within thrill (30) days of receipt of the student's 
  6. Board evaluation of expulsion recommendation. If the Superintendent recommends expulsion fo a indefinite or definite period of time, then the superintendent will transmit that recommendation to the Board of education along with the record of evidence submitted to the Superintendent. The Board may review the recommendation based on this record or may, at its sole discretion, accept further evidence. Following its review, the Board may accept further evidence. Following its review the Board may accept, modify or reject the recommendation, or impose other disciplinary sanctions. The decision is final. 
    Utah code 53A-11-905(3) (2007)
  7. Forty-five day review of mandatory one-year expulsions. Where a student has been expelled for one year because of a violation involving a weapon, explosive, or flammable material, a hearing shall be held within 45 days of the imposition of the expulsion. This hearing shall be held before the Superintendent or the Superintendent's designee, and shall be attended by the student and a parent or guardian of the student. At this hearing, the Superintendent shall determine: 
    1. what conditions must be met by the student and the student’s parent or guardian for the student to return to school;
    2. whether the student should be placed on probation in a regular or alternative school setting and, if so, what conditions must be met by the student to assure the safety  of students and staff at the school the student is placed in; and
    3. if it would be in the best interest of both the school District and the student to modify the expulsion term to less than a year, giving highest priority to providing a safe school environment for allstudents;
    4. if the Superintendent or his or her designee determines that the student should return to school prior to the expiration of the one-year expulsion term, conditioned oncompliance with the conditions established by the Superintendent, then the Superintendent shall submit that recommendation to the Board of Education.  If the Board of Education approves  the return, the student may return to school pursuant to the conditionsestablished.
      Utah Code § 53A-11-904(2)(b) (2010)
  8. A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12months.
    Utah Code § 53A-11-904(3) (2010)

Evidence in Student Hearings—

All student disciplinary hearings shall be conducted by the Board or its designee in an executive session. All evidence presented in such hearings shall constitute student educational records and shall be treated as "confidential". The District hereby designates all student records as "protected" under the Government Records Access Management Act. The names of students giving statements used in a student hearing involving other students may be protected and redacted where necessary to protect the students from threats of harm or interference with the educational process.

Notification of Weapons on School Property—

Whenever a student is found on school property during school hours or a school sponsored activity in possession of a dangerous weapon and that information is reported to or known by the principal, the principal shall notify appropriate law enforcement personnel as well as school and District personnel who, in the good faith opinion of the principal should be informed.

Utah Code § 53A-11-1101 (1994)

Education of Students Subject to Discipline—

The educational services provided to students subject to discipline will depend upon the nature of the discipline.

  1. Students subject to remedial measures. Students subject to remedial measures such as a remedial discipline plan, class attendance with a parent, or in-school suspension will continue to receive educational services from the District according to the remedial measure. A student transferred to another school or program within the District will receive educational services through that school orprogram.
  2. Parental responsibility for education. When a student is expelled or is suspended for more than 10 days, it is the responsibility of the student’s parent or guardian to undertake an alternative education plan which will ensure that the student's education continues during the period of the suspension or expulsion. The parent or guardian shall work with designated school officials to determine how that responsibility might best be met through private education, alternative programs offered by the District, or other alternatives which will reasonably meet the student's educational needs. Costs for educational services not provided by the District are the responsibility of the student's parent orguardian.
    Utah Code § 53A-11-907 (2007)
  3. Review of student progress. The District shall contact the parent or guardian of each suspended or expelled student under the age of 16 at least once per month to determine the student'sprogress.
    Utah Code § 53A-11-907(4)(b) (2007)
  4. Record of disciplined students. The District shall maintain a record of all suspended or expelled students and a notation of the recorded suspension or expulsion shall be attached to the student'stranscript.
    Utah Code Ann. § 53A-11-907(4)(a) (2007)

Readmission of Suspended or Expelled Students—

  1. Suspended/Expelled students. A suspended/expelled student may not be readmitted to a public school until the student and the student’s parent or guardian have met with a designated school official to review the suspension and have agreed with the school official upon a plan to avoid recurrence of the violation resulting in suspension. At the discretion of the principal, the student may be readmitted if the student and the student’s parent or guardian have agreed to participate in such a meeting. However, a suspension may no textend beyond ten(10) days unless the student and the student's parent or guardian have been given a reasonable opportunity to meet with a designated school official to respond to the allegations and proposed disciplinary action.
  2. Expelled students. The Superintendent or his or her designee shall review the expulsion sanction of each expelled student at least once per year and shall report the conclusions of such review to the Board of Education. The Superintendent or his or her designee may make recommendations regarding whether such sanction should be modified or removed, and what conditions, if any, should be imposed on the student’s readmission. If the Board has expelled a student for a set period of time, and has not otherwise specified, at the expiration of that expulsion term a student may enroll at his or her area school on the same terms as a newstudent.

Expected Conduct for Student Leaders—

Participation in interscholastic athletics, student leadership, other school programs, and other extra-curricular activities is not a constitutionally protected right. Students in these positions and activities are held to higher standards because they become role models for the school and the community. Therefore, students who are suspended or expelled may lose their position or privilege of participation due to a suspension and/or expulsion.

Utah Code 53A-11-908(a-e)

Searches—

Given the school’s custodial responsibility for children, and the Board’s intent to preserve a safe environment for all students and staff, the Board recognizes that school officials must have the authority to conduct reasonable searches of students and student property. Designated school officials, usually the principal, vice principal or designee, have the authority to conduct reasonable searches; and if needed, contact law enforcement officers or other legal agencies.

  1. Student Lockers. Students have no right or expectation of privacy in  school lockers. While lockers are under joint control of students and the school, lockers are solely school property and may be searched at any time by school officials with or without cause. In order to obtain a locker, a student shall be informed of these rules and regulations in the use of any locker assigned to that student.
  2. Students, Student Property, and Student Vehicles. Searches of a student’s person, personal property (coats, hats, backpacks, book bags, purses, wallets, notebooks, gym bags, etc.) or vehicle may be conductedwhen:
    1. a school official has received reliable information or the student’s conduct creates a reasonable suspicion that a school rule or law has been violated and
    2. the search is reasonably related to the suspicion and  not excessively intrusive in light of the age and sex of the student and the nature of the infraction.
    3. Circumstances warranting a search include those in which school officials have reasonable suspicion that the student or student property is concealing weapons, drugs, alcohol, tobacco, unsafe contraband, lost/stolen/misplaced items, or threats upon individuals and/or school property.
  3. Searches of Personal Belongings and Vehicles. Personal belongings and vehicles may be searched by school officialswhen:
    1. school officials have reasonable suspicion to believe a student is concealing evidence of a policy violation or criminal activityand
    2. the items being searched are capable of concealingevidence.
    3. The student may be asked to open personal belongings and  vehicles and to turn over personal property for search by a school official.
    4. All searches of student property by school officials shall be witnessed by a third party (such as another administrator, teacher, or police officer) to observe that the search is not excessively intrusive.
  4. Searches of Person
    1. A school official of the same sex as the student being searched shall conduct the search in a private area of theschool.
    2. The search shall be observed by a third party of the same sex as the student being searched (i.e., administrator, teacher, police officer).
    3. School officials may ask the student to remove his/her hat, coat, shoes and socks, turn pockets inside out and roll up sleeves to see if the students is hidingcontraband.
    4. Under no circumstances may school officials require students to remove any other clothing or touch students in any way duringthe search.
    5. If this limited search does not turn up suspected contraband and school officials have reasonable suspicion that the student is concealing contraband in his/her inner clothing (i.e., hidingdrugs, weapons or other contraband underneath shirts, pants or underwear), law enforcement officers shall be summoned immediately to conduct further search and investigation.
    6. Confiscation of Contraband. All contraband discovered in a search by school officials shall be immediately confiscated and turned over to law enforcement officers.

Child Abuse and Neglect—

Utah law requires that whenever a school employee has reason to believe that a child has been subjected to incest, molestation, sexual exploitation, sexual abuse, physical abuse, or neglect, or observes a child being subjected to conditions or circumstances which would reasonably result in such, he/she shall immediately provide a written and verbal report to that belief and all other relevant information to the school principal, Superintendent, or to the office. That school employee and/or the designated school official shall then contact the Division of Child and Family Services or appropriate agencies. A person who makes a report in good faith shall remain anonymous and shall be immune from civil or criminal liability that might otherwise arise by reason of that report.
Utah Code 53A-6-502

Appropriate training shall be made available to school employees on signs, symptoms and procedure of reporting child abuse and neglect.

Reporting of Child Abuse by a School Employee—

An employee who has reasonable cause to believe that a student may have been physically or sexually abused by a school employee shall immediately report that belief to both the school principal and the Superintendent.  A District administrator, including the Superintendent, who has received such a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by an educator shall immediately report that information to the State Board of Education and to the Utah Professional Practices Advisory Commission.

Utah Admin. Rules R277-515-3(4)(l) (August 12, 2016)

Utah Code § 53A-6-502 (2015)

Denial of Admission Based on Prior Expulsion—

A student may be denied admission to a public school on the basis of having been expelled from that or any other school during the preceding 12 months. A suspension or expulsion under this Policy is not subject to the age limitations under Utah Code 53A-11- 102(1).

Individual School Conduct Policies—

Each school/teacher within the District shall develop written student conduct policies consistent with this Policy and Utah State Law.

Prohibition of Corporal Punishment—

A school employee may not inflict or cause the infliction of corporal punishment upon a child who is receiving services from the school. However, this does not prohibit the use of reasonable and necessary physical restraint or force in self-defense or otherwise appropriate circumstances. This may include, but is not limited to, the following:

  1. to obtain possession of a weapon or other dangerous object in the possession or under control of achild;
  1. to protect a child or another person from physicalinjury;
  1. to remove from a situation a child who is violent or disruptive;or
    Utah Code 53A-11-802

 Disclaimer—

This Safe School Policy may not be inclusive in addressing all issues, situations, consequences, and procedures in handling Safe School violations; therefore, the District reserves the right to refer to Utah Code and Utah Administrative Rules in addressing such circumstances.

JH_safe_School.pdf

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