Utah - Alternative Education for Expelled Students: Programs and Services

Area: 
Programs And Services
Policy Type: 
Statute
Summary: 

State law encourages districts to operate alternative school programs or to ensure access to educational services to expelled students in an alternative setting.

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-6-204.

(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-8-208. Student suspended or expelled -- Responsibility of parent or guardian -- Application for students with disabilities.

(1) If a student is suspended or expelled from a public school under this part for more than 10 school days, the parent or guardian is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension or expulsion.

(2) (a) The parent or guardian shall work with designated school officials to determine how that responsibility might best be met through private education, an alternative program offered by or through the district or charter school, or other alternative which will reasonably meet the educational needs of the student.

  • (b) The parent or guardian and designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies to meet the student's educational needs.

(3) Costs for educational services which are not provided by the school district or charter school are the responsibility of the student's parent or guardian.

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