Utah School Discipline Laws & Regulations: Parental Notification

Discipline Compendium

Utah School Discipline Laws & Regulations: Parental Notification

Category: Monitoring and Accountability
Subcategory: Parental Notification
State: Utah

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LAWS

§ 53E-3-509. Gang prevention and intervention policies.

(2) The rules described in Subsection (1) may include the following provisions:

(c) gang-related graffiti or damage to school property shall result in parent notification and appropriate administrative and law enforcement actions, which may include obtaining restitution from those responsible for the damage; [...]

(d) if a serious gang-related incident, as determined by the school administrator in consultation with local law enforcement, occurs on school property, at school related activities, or on a site that is normally considered to be under school control, notification shall be provided to parents of students in the school:

(i) informing them, in general terms, about the incident, but removing all personally identifiable information about students from the notice;

(ii) emphasizing the school's concern for safety; and

(iii) outlining the action taken at the school regarding the incident.

§ 53G-6-202. Compulsory education.

(4) A notice of compulsory education violation issued to a parent:

(a) shall direct the parent to:

(i) meet with school authorities to discuss the school-age child's school attendance problems; and

(ii) cooperate with the local school board, charter school governing board, or school district in securing regular attendance by the school-age child;

(b) shall designate the school authorities with whom the parent is required to meet;

(c) shall state that it is a class B misdemeanor for the parent to intentionally or without good cause:

(i) fail to meet with the designated school authorities to discuss the school-age child's school attendance problems; or

(ii) fail to prevent the school-age child from being truant five or more times during the remainder of the school year;

(d) shall be served on the parent by personal service or certified mail; and

(e) may not be issued unless the school-age child has been truant at least five times during the school year.

§ 53G-6-203. Truancy–Notice of truancy–Failure to cooperate with school authorities.

(4) A notice of truancy described in Subsection (3):

(e) shall be mailed to, or served on, the school-age child's parent.

§ 53G-6-208. Taking custody of a person believed to be a truant minor–Disposition–Reports–Immunity from liability.

(3) If the minor described in Subsection (2) refuses to return to school or go to the truancy center, the officer or administrator shall, without unnecessary delay, notify the minor's parents and release the minor to their custody.

§ 53G-6-803. Parental right to academic accommodations.

(10)(b) An LEA shall notify a parent of a student's violation of a school's discipline and conduct policy and allow a parent to respond to the notice in accordance with Chapter 8, Part 2, School Discipline and Conduct Plans.

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

(1)(b)(i) The policies required in Subsection (1)(a) shall include a procedure directing public schools to notify the custodial parent and, if requested in writing by a noncustodial parent, the noncustodial parent of the suspension and expulsion of, or denial of admission to, a student.

(ii) Subsection (1)(b)(i) does not apply to that portion of school records which would disclose any information protected under a court order.

(iii) The custodial parent is responsible for providing to the school a certified copy of the court order under Subsection (1)(b)(ii) through a procedure adopted by the local school board or the charter school governing board.

§ 53G-8-206. Delegation of authority to suspend or expel a student–Procedure for suspension–Readmission.

(4) If a student is suspended, a designated school official shall notify the parent of the student of the following without delay:

(a) that the student has been suspended;

(b) the grounds for the suspension;

(c) the period of time for which the student is suspended; and

(d) the time and place for the parent to meet with a designated school official to review the suspension.

§ 53G-8-208. Student suspended or expelled–Responsibility of parent–Application for students with disabilities.

(4)(b) The district or charter school shall contact the parent of each suspended or expelled student under the age of 16 at least once each month to determine the student's progress.

§ 53G-8-210. Disruptive student behavior.

(4) The notice of disruptive student behavior described in Subsection (3)(a):

(b) shall require that the qualifying minor and a parent of the qualifying minor:

(i) meet with school authorities to discuss the qualifying minor's disruptive student behavior; and

(ii) cooperate with the local school board or charter school governing board in correcting the qualifying minor's disruptive student behavior. [...]

(6)(b) Within five days after the day on which a habitual disruptive student behavior notice is issued, a representative of the school district or charter school shall provide documentation, to a parent of the qualifying minor who receives the notice, of the efforts made by a school counselor or representative under Subsection (3)(c).

§ 53G-9-604. Parental notification of certain incidents and threats required.

(1) A school shall:

(a) notify a parent if the parent's student threatens to commit suicide; or

(b) notify the parents of each student involved in an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation of the incident involving each parent's student.

(2)(a) If a school notifies a parent of an incident or threat required to be reported under Subsection (1), the school shall

(i) produce and maintain a record that verifies that the parent was notified of the incident or threat.

(ii) maintain a record described in Subsection (2)(a) in accordance with the requirements of:

(A) Title 53E, Chapter 9, Part 2, Student Privacy;

(B) Title 53E, Chapter 9, Part 3, Student Data Protection;

(C) the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and

(D) 34 C.F.R. Part 99; and

(III)Provide the parent with:

(A) Suicide prevention materials and information; and

(B) Information on ways to limit the student's access to fatal means, including a firearm or medication.

 (b)The state superintendent shall select the materials and information described in subsection (2)(a)(iii) in collaboration with the state suicide prevention coordinator and public education suicide prevention coordinator.

(3) A local school board or charter school governing board shall adopt a policy regarding the process for:

(a) notifying a parent as required in Subsection (1); and

(b) producing and retaining a record that verifies that a parent was notified of an incident or threat as required in Subsection (2).

(4) At the request of a parent, a school may provide information and make recommendations related to an incident or threat described in Subsection (1).

(5) A school shall:

(a) provide a student a copy of a record maintained in accordance with this section that relates to the student if the student requests a copy of the record; and

(b) expunge a record maintained in accordance with this section that relates to a student if the student:

(i) has graduated from high school; and

(ii) requests the record be expunged.

§ 53G-9-605. Bullying, cyber-bullying, hazing, abusive conduct, and retaliation policy.

(3) A policy shall include the following components:

(e) as required in Section 53G-9-604, parental notification of:

(i) a student's threat to commit suicide; and

(ii) an incident of bullying, cyber-bullying, hazing, abusive conduct, or retaliation, involving the parent's student.

REGULATIONS

R277-607-4. Compulsory education procedures.

(2) The compulsory education procedures shall:

(a) provide a process for notice to parents about the absenteeism and truancy policy;

(b) require notice to parents regarding the progress of a student's discipline and consequences for violation of the truancy policy.

R277-609-4. LEA Responsibility to Develop Plans.

(4) A plan described in Subsection (1) shall include:

(v) provisions that account for an individual LEA's or school's unique needs or circumstances, including:

(iii) a provision for publication of notice to parents and school employees of policies by reasonable means.

R277-609-5. Physical Restraint and Seclusionary Time Out.

(6) If a student is placed in seclusionary time out, the school or the public education employee shall provide notice as soon as reasonably possible and before the student leaves the school to:

(a) the student's parent; and

(b) school administration. [...]

(8) In addition to the notice described in Subsection (6), if a public education employee places a student in seclusionary time out for more than fifteen minutes, the school or the public education employee shall immediately provide notice to:

(a) the student's parent or guardian; and

(b) school administration.

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, suspensions, 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 an emergency safety intervention is used to protect a student or others from harm, a school shall:

(i) provide notice to the student's parent as soon as reasonably possibly and before the student leaves the school;

(ii) provide notice to school administration; and

(iii) provide documentation of the emergency safety intervention to the LEA's ESI Committee described in R277-609-7.

(b) In addition to the notice described in Subsection (3)(a), if the use of an emergency safety intervention occurs for more than fifteen minutes, the school shall immediately provide a second notification to:

(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 the use of the emergency safety intervention upon request of the parent or guardian.

(b) Within 24 hours of the school using an emergency safety intervention with a student, a school shall provide notice to a parent or guardian that the parent or guardian may request a copy of any notes or additional documentation taken during the use of the emergency safety intervention.

(c) A parent or guardian may request a time to meet with school staff and administration to discuss the use of the use of an emergency safety intervention.

R277-613-4. LEA Responsibility to Create or Update Bullying Policies.

(2)(a) As required by Section 53G-9-605, an LEA shall notify a parent of:

(i) a parent's student's threat to commit suicide; or

(ii) an incident of bullying, cyber-bullying, hazing, or retaliation involving the parent's student as a victim or an individual who is alleged to have engaged in prohibited conduct.

(b) An LEA shall:

(i) notify a parent described in Subsection (3)(a) in a timely manner;

(ii) designate the appropriate school employee to provide parental notification; and

(iii) designate the format in which notification is provided to parents and maintained by the LEA.

R277-613-5. Reporting and Incident Investigations of Allegations of Bullying, Cyber-bullying, Hazing, Retaliation and Abusive Conduct.

(8)(b) If an LEA would like a student to participate in a restorative justice practice, the LEA shall notify the student's parent of the restorative justice practice and obtain consent from the student's parent before including the stundet in the process.

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