Utah School Discipline Laws & Regulations: Firearms and Other Weapons Violations

Discipline Compendium

Utah School Discipline Laws & Regulations: Firearms and Other Weapons Violations

Category: Discipline Addressing Specific Code of Conduct Violations
Subcategory: Firearms and Other Weapons Violations
State: Utah

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LAWS

§ 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. [...]

(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.

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

(1) As used in this section:

(a) "dangerous weapon" means a firearm or an object that in the manner of the object's use or intended use is capable of causing death or serious bodily injury to an individual.

(b) "minor" means the same as that term is defined in section 80-1-102.

(c) "school employee" means an individual working in the individual's capacity as:

(i) A school teacher;

(ii) A school staff member;

(iii) A school administrator; or

(iv) An individual:

(a) Who is employed, directly or indirectly, by a school, an lea governing board, or a school district; and

(b) Who works on a school campus.

(d) "school is in session" means the same as that term is defined in section 53e-3-516.

(e) "school-sponsored activity" means the same as that term is defined in section 53e-3-516.

(2) If a minor is found on school grounds when school is in session or at a school-sponsored activity in possession of a dangerous weapon and that information is reported to, or known by, a school employee, the school employee shall notify the principal.

(3) After receiving a notification under subsection (2), the principal shall notify:

(a) A law enforcement officer or agency; and

(b) School or district personnel if the principal determines that school or district personnel should be informed.

(4) 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.

REGULATIONS

R277-615-4. LEA responsibilities.

(1) An LEA shall update the LEA's policy for searching students for controlled substances and weapons to include provisions related to searching students for electronic cigarette products.

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