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First Substitute S.B. 115
Senator Bill Wright proposes to substitute the following bill:
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SAFE SCHOOLS AMENDMENTS
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Bill Wright
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This act modifies provisions related to the State System of Public Education by requiring any
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student who has been expelled from school for a firearm, explosive, or flammable material
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violation to meet with the school district superintendent to determine if the expulsion should
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be modified. This act takes effect upon approval.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-11-904, as last amended by Chapter 336, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-11-904
is amended to read:
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53A-11-904. Grounds for suspension or expulsion from a public school.
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(1) A student may be suspended or expelled from a public school for any of the following
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reasons:
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(a) frequent or flagrant willful disobedience, defiance of proper authority, or disruptive
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behavior, including the use of foul, profane, vulgar, or abusive language;
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(b) willful destruction or defacing of school property;
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(c) behavior or threatened behavior which poses an immediate and significant threat to the
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welfare, safety, or morals of other students or school personnel or to the operation of the school;
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(d) possession, control, or use of an alcoholic beverage as defined in Section
32A-1-105
;
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or
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(e) behavior proscribed under Subsection (2) which threatens harm or does harm to the
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school or school property, to a person associated with the school, or property associated with any
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such person, regardless of where it occurs.
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(2) (a) A student shall be suspended or expelled from a public school for any of the
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following reasons:
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(i) any serious violation affecting another student or a staff member, or any serious
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violation occurring in a school building, in or on school property, or in conjunction with any
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school activity, including the possession, control, or actual or threatened use of a real[, look alike,
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or pretend] weapon, explosive, or noxious or flammable material under Section
53A-3-502
, the
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actual or threatened use of a look alike weapon with intent to intimidate another person or to
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disrupt normal school activities, or the sale, control, or distribution of a drug or controlled
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substance as defined in Section
58-37-2
, an imitation controlled substance defined in Section
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58-37b-2
, or drug paraphernalia as defined in Section
58-37a-3
; or
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(ii) the commission of an act involving the use of force or the threatened use of force
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which if committed by an adult would be a felony or class A misdemeanor.
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(b) A [secondary school] student who commits a violation of Subsection (2)(a) involving
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a real [firearm] or look alike weapon, explosive, or flammable material shall be expelled from
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school for a period of not less than one year [.] subject to the following:
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[(c) If an elementary school student commits a violation of Subsection (2)(a) involving a
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real or look alike firearm, explosive, or flammable material or if a secondary school student
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commits a violation of Subsection (2)(a) involving a look alike or pretend firearm, explosive, or
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flammable material, the student shall be expelled from school for a period of not less than one year
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subject to the following:]
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(i) within 45 days after the expulsion the student shall appear before the student's local
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school board superintendent or [his] the superintendent's designee, accompanied by a parent or
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legal guardian; and
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(ii) the superintendent shall determine:
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(A) what conditions must be met by the student and the student's parent for the student to
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return to school;
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(B) if the student should be placed on probation in a regular or alternative school setting
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consistent with Section
53A-11-907
, and what conditions must be met by the student in order to
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ensure the safety of students and faculty at the school the student is placed in; and
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(C) if it would be in the best interest of both the school district and the student to modify
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the expulsion term to less than a year, conditioned on approval by the local school board and
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giving highest priority to providing a safe school environment for all students.
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(3) A student may be denied admission to a public school on the basis of having been
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expelled from that or any other school during the preceding 12 months.
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(4) A suspension or expulsion under this section is not subject to the age limitations under
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Subsection
53A-11-102
(1).
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(5) (a) Each local school board shall prepare an annual report for the State Board of
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Education on:
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(i) each violation committed under this section; and
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(ii) each action taken by the school district against a student who committed the violation.
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(b) The State Board of Education shall make an annual report by November 30 to the
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Legislature's Education Interim Committee on the information compiled under Subsection (5)(a).
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Section 2. Effective date.
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If approved by two-thirds of all the members elected to each house, this act takes effect
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upon approval by the governor, or the day following the constitutional time limit of Utah
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Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
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date of veto override.
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