Category
Alcohol and Drug-use Prohibitions or Restrictions
Category
Alcohol and Drug-use Prohibitions or Restrictions
State law prohibits the sale, possession, or use of alcohol or controlled substances on school grounds or at school-related events.
Utah Administrative Code R277-609-4. LEA Responsibility to Develop Plans.
(1) An LEA or school shall develop and implement a board approved comprehensive LEA plan or policy for student and classroom management, and school discipline.
(2) An LEA shall include administration, instruction and support staff, students, parents, community council, and other community members in policy development, training, and prevention implementation so as to create a community sense of participation, ownership, support, and responsibility.
(3) A plan described in Subsection (1) shall include:
- (a) the definitions of Section 53G-8-210;
- (b) written Standard for student behavior expectations, including school and classroom management;
- (c) effective instructional practices for teaching student expectations, including:
- (i) self-discipline;
- (ii) citizenship;
- (iii) civic skills; and
- (iv) social skills;
- (d) systematic methods for reinforcement of expected behaviors;
- (e) uniform and equitable methods for correction of student behavior;
- (f) uniform and equitable methods for at least annual school level data-based evaluations of efficiency and effectiveness;
- (g) an ongoing staff development program related to development of:
- (i) student behavior expectations;
- (ii) effective instructional practices for teaching and reinforcing behavior expectations;
- (iii) effective intervention strategies; and
- (iv) effective strategies for evaluation of the efficiency and effectiveness of interventions;
- (h) procedures for ongoing training of appropriate school personnel in:
- (i) crisis intervention training;
- (ii) emergency safety intervention professional development; and
- (iii) LEA policies related to emergency safety interventions consistent with evidence-based practice;
- (i) policies and procedures relating to the use and abuse of alcohol and controlled substances by students;
Utah Code 53G-8-205. Grounds for suspension or expulsion from a public school.
(1) A student may be suspended or expelled from a public school for any of the following reasons:
- (a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language;
- (b) willful destruction or defacing of school property;
- (c) 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 the school;
- (d) possession, control, or use of an alcoholic beverage as defined in Section 32B-1-102;
- (e) behavior proscribed under Subsection (2) which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with that person, regardless of where it occurs; or
- (f) possession or use of pornographic material on school property.
(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;
- (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) (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;
- (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.
(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; 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 charter school governing board and giving highest priority to providing a safe school environment for all students.
Utah Code 53G-8-209. Extracurricular activities -- Prohibited conduct -- Reporting of violations -- Limitation of liability.
(2) (a) The state board may, and local boards of education and governing boards of charter schoolsschool boards and charter school governing boards shall, adopt rules implementing this section that apply to both students and staff.
- (b) The rules described in Subsection (2)(a) shall include prohibitions against the following types of conduct in accordance with Section 53G-8-211, while in the classroom, on school property, during school sponsored activities, or regardless of the location or circumstance, affecting a person or property described in Subsections 53G-8-203(1)(e)(i) through (i)(v):
- (i) use of foul, abusive, or profane language while engaged in school related activities;
- (ii) illicit use, possession, or distribution of controlled substances or drug paraphernalia, and the use, possession, or distribution of an electronic cigarette as defined in Section 76-10-101, tobacco, or alcoholic beverages contrary to law;