Utah - Firearms/Weapons on School Campuses: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law complies with minimum requirements of the federal Gun-Free Schools Act (GFSA) and adds student supports and protections.

Utah Code 53G-8-205. Grounds for suspension or expulsion from a public school.

(2) (a) A student shall be suspended or expelled from a public school for any of the following reasons:

  • (i) any serious violation affecting another student or a staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:
    • (A) the possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;
    • (B) the actual or threatened use of a look alike weapon with intent to intimidate another person or to disrupt normal school activities; or
    • (C) the sale, control, or distribution of a drug or controlled substance as defined in Section 58-37-2, an imitation controlled substance defined in Section 58-37b-2, or drug paraphernalia as defined in Section 58-37a-3; or
  • (ii) the 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 A misdemeanor.

Utah Code 53G-8-205. Grounds for suspension or expulsion from a public school.

(2) (b) A student who commits a violation of Subsection (2)(a) involving a real or look alike weapon, explosive, or flammable material shall be expelled from school for a period of not less than one year subject to the following:

  • (i) within 45 days after the expulsion the student shall appear before the student's local school board superintendent, the superintendent's designee, chief administrative officer of a charter school, or the chief administrative officer's designee, accompanied by a parent or legal guardian; and
  • (ii) the superintendent, chief administrator, or designee shall determine:
    • (A) what conditions must be met by the student and the student's parent for the student to return to school;
    • (B) if the student should be placed on probation in a regular or alternative school setting consistent with Section 53G-8-208, and what conditions must be met by the student in order to ensure the safety of students and faculty at the school the student is placed in; and
    • (C) if it would be in the best interest of both the school district or charter school, and the student, to modify the expulsion term to less than a year, conditioned on approval by the local school board or governing board of a charter school and giving highest priority to providing a safe school environment for all students.

(3) 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.

(4) A suspension or expulsion under this section is not subject to the age limitations under Subsection 53G-8-204.

(5) Each local school board and governing board of a charter school shall prepare an annual report for the State Board of Education on:

  • (a) each violation committed under this section; and
  • (b) each action taken by the school district against a student who committed the violation.

Utah Code 53G-8-510. Notification of teachers of weapons on school property -- Immunity from civil and criminal liability.

(1) Whenever a student is found on school property during school hours or at 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 law enforcement personnel and school or district personnel who, in the opinion of the principal, should be informed.

(2) A person who in good faith reports information under Subsection (1) and any person who receives the information is immune from any liability, civil or criminal, that might otherwise result from the reporting or receipt of the information.

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