Outline of the state of Utah
State
Utah
Minimal assurances of due process

Category
Disciplinary Due Process

Category
Disciplinary Due Process

State law establishes minimal assurances of due process for students facing disciplinary action.

Procedural Safeguards Notice

This page addresses process rights in sutdent discipline

Policy Type
Non-codified

Utah Administrative Code R277-609-10. Parent/Guardian Notification and Court Referral

(1) LEA policies shall provide procedures for qualifying minors and their parents to participate in decisions regarding consequences for disruptive student behavior.

(2) An LEA shall establish policies that:

  • (a) provide notice to parents and information about resources available to assist a parent in resolving the parent's school-age minors' disruptive behavior;
  • (b) provide for notices of disruptive behavior to be issued by schools to qualifying minors and parents consistent with:
  • (i) numbers of disruptions and timelines in accordance with Section 53G-8-210;
  • (ii) school resources available;
  • (iii) cooperation from the appropriate juvenile court in accessing student school records, including:
  • (A) attendance;
  • (B) grades;
  • (C) behavioral reports; and
  • (D) other available student school data; and
  • (iv) provide due process procedures for minors and parents to contest allegations and citations of disruptive student behavior.

(3)

  • (a) When a crisis situation occurs that requires the use of an emergency safety intervention to protect the student or others from harm, a school shall notify the LEA and the student's parent or guardian as soon as possible and no later than the end of the school day.
  • (b) In addition to the notice described in Subsection (3)(a), if a crisis situation occurs for more than fifteen minutes, the school shall immediately notify:
  • (i) the student's parent or guardian; and
  • (ii) school administration.
  • (d) A notice described in Subsection (3)(a) shall be documented within student information systems (SIS) records.

(4)

  • (a) A school shall provide a parent or guardian with a copy of any notes or additional documentation taken during a crisis situation upon request of the parent or guardian.
  • (b) Within 24 hours of a crisis situation, a school shall notify a parent or guardian that the parent or guardian may request a copy of any notes or additional documentation taken during a crisis situation.
  • (c) A parent or guardian may request a time to meet with school staff and administration to discuss a crisis situation.
Policy Type
Regulation

Utah Code 53G-8-204. Suspension and expulsion procedures -- Notice to parents -- Distribution of policies.

(1) (a) Policies required under this part 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.

Policy Type
Statute