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H.B. 155

             1     

AMENDMENTS TO SCHOOL UNIFORM

             2     
STANDARDS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Karen W. Morgan

             6      AN ACT RELATING TO PUBLIC SCHOOLS; REQUIRING AN ELECTION FOR THE
             7      ADOPTION OF A SCHOOL OR SCHOOL DISTRICT UNIFORM POLICY; CLARIFYING
             8      VOTING REQUIREMENTS; PROVIDING THAT SCHOOL UNIFORM POLICIES INCLUDE
             9      AN EXEMPTION PROVISION; AND MAKING CERTAIN TECHNICAL CHANGES.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          53A-15-602, as enacted by Chapter 160, Laws of Utah 1994
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 53A-15-602 is amended to read:
             15           53A-15-602. Uniforms in public schools -- Determination by school board or school
             16      -- Patron approval.
             17          (1) The Legislature recognizes that each student in the public schools should be allowed
             18      to learn in a safe environment which fosters the learning process and is free from unnecessary
             19      disruptions.
             20          (2) The Legislature further recognizes that the wearing of certain types of clothing
             21      identifies students as members of youth gangs and has contributed to disruptive behavior and
             22      violence in the public schools.
             23          (3) (a) Local school boards and [public schools] school principals may [adopt school dress
             24      codes requiring all] require students enrolled at a public school to wear a designated uniform
             25      during the school day in order to help avoid the disruption of the classroom atmosphere and
             26      decorum and prevent disturbances among students.
             27          (b) The [dress codes] uniform policy authorized in Subsection (3)(a) [may] shall be

             28      adopted, if for more than one school, at the [school] district level by the school board and, if for
             29      a single school, at the school level by the principal of the school [as approved by a majority of the
             30      school directors or the school community council.] subject to the following requirements:
             31          [(c)] (i) [Adoption of a dress code under this section does not require approval from
             32      parents or guardians of students, but] the adopting authority shall hold a public hearing on the
             33      matter prior to formal adoption of the [dress code.] school uniform policy;
             34          [(ii) The adopting authority may require approval from the parents or guardians of a
             35      majority of its students in order to implement the dress code.]
             36          [(iii) An election to consider disapproval of a dress code not formally approved by the
             37      parents or guardians of a majority of students subject to the dress code is required if a petition
             38      signed by a parent or guardian of 20% of the students is presented to the adopting authority within
             39      30 days after the dress code is adopted.]
             40          (ii) (A) the adopting authority shall hold an election for approval of a school uniform
             41      policy prior to its adoption and must receive an affirmative vote from a majority of those voting
             42      at the election; and
             43          (B) only parents and guardians of students subject to the proposed uniform policy may vote
             44      at the election, limited to one vote per family.
             45          [(d) An] (4) (a) A local school board or principal is required to hold an election to
             46      consider adoption of a school district or individual school [dress code is required] uniform policy
             47      if initiative petitions are presented as follows:
             48          (i) for a district [dress code] uniform policy, a petition signed by a parent or guardian of
             49      20% of the district's students presented to the local school board; and
             50          (ii) for an individual school, a petition signed by a parent or guardian of 20% of the
             51      school's students presented to the principal.
             52          (b) The procedures required in Subsection (3)(b) apply to Subsection (4).
             53          [(e)] (5) The procedures set forth in Subsections (3)[(c)] and [(3)(d)] (4) shall apply to the
             54      discontinuance or modification of a [dress code] school uniform policy adopted under this section.
             55          [(f)] (6) The adopting authority shall establish the manner and time of an election required
             56      under this section.
             57          (7) A school uniform policy adopted under this section shall include a provision that would
             58      exempt a student from wearing a uniform at school if requested, in writing, by the student's parent

             59      or guardian.




Legislative Review Note
    as of 1-24-00 8:21 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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