53G-8-210. Disruptive student behavior.
(1) As used in this section: "Disruptive student behavior" includes: the grounds for suspension or expulsion described in Section; and 53G-8-205 the conduct described in Subsection. 53G-8-209(2)(b) "Parent" includes: a custodial parent of a school-age child; a legally appointed guardian of a school-age child; or any other person purporting to exercise any authority over the child which could be exercised by a person described in Subsectionor. (1)(b)(i) (ii) "Qualifying minor" means a school-age child who: is at least nine years old; or turns nine years old at any time during the school year. "School year" means the period of time designated by a local school board or charter school governing board as the school year for the school where the school-age child is enrolled. "School-age child" means the same as that term is defined in Section. 53G-6-201
(2) A local school board, school district, charter school governing board, or charter school may impose administrative penalties in accordance with Sectionon a school-age child who violates this part. 53G-8-211
(3) A local school board or charter school governing board shall: authorize a school administrator or a designee of a school administrator to issue notices of disruptive student behavior to qualifying minors; and establish a procedure for a qualifying minor, or a qualifying minor's parent, to contest a notice of disruptive student behavior. A school representative shall provide to a parent of a school-age child, a list of resources available to assist the parent in resolving the school-age minor's disruptive student behavior problem. A local school board or charter school governing board shall establish procedures for a school counselor or other designated school representative to work with a qualifying minor who engages in disruptive student behavior in order to attempt to resolve the minor's disruptive student behavior problems.
(4) The notice of disruptive student behavior described in Subsection: (3)(a) shall be issued to a qualifying minor who: engages in disruptive student behavior, that does not result in suspension or expulsion, three times during the school year; or engages in disruptive student behavior, that results in suspension or expulsion, once during the school year; shall require that the qualifying minor and a parent of the qualifying minor: meet with school authorities to discuss the qualifying minor's disruptive student behavior; and cooperate with the local school board or charter school governing board in correcting the qualifying minor's disruptive student behavior; and shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
(5) A habitual disruptive student behavior notice: may only be issued to a qualifying minor who: engages in disruptive student behavior, that does not result in suspension or expulsion, at least six times during the school year; engages in disruptive student behavior, that does not result in suspension or expulsion, at least three times during the school year; and engages in disruptive student behavior, that results in suspension or expulsion, at least once during the school year; or engages in disruptive student behavior, that results in suspension or expulsion, at least twice during the school year; and may only be issued by a school administrator, a designee of a school administrator, or a truancy specialist, who is authorized by a local school board or charter school governing board to issue a habitual disruptive student behavior notice.
(6) A qualifying minor to whom a habitual disruptive student behavior notice is issued under Subsectionmay not be referred to the juvenile court. (5) 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)