JD - Student Conduct and Discipline

1. PURPOSE AND PHILOSOPHY

Nebo School District recognizes that every student should have the opportunity to learn in an environment which is safe, conducive to the learning process, and free from unnecessary disruption. Every student is expected to follow accepted rules of conduct, show respect for other people and property, and obey persons in authority. 

Utah law requires the District to develop and implement a comprehensive plan for student and classroom management, school discipline, and restorative practices. Consistent with that requirement, and to maintain a secure and orderly learning environment, the District hereby adopts this policy which, together with additional procedures developed by District and school staff, address student disruptive behavior which is unacceptable and may result in disciplinary action. 

The District’s comprehensive plan is governed by this policy and additional District policies referenced herein. Additional District and school procedures must comply with these policies. 

2. DEFINITIONS 

"Disruptive student behavior," as defined in Utah Code Ann. § 53G-8-210, includes:

the grounds for suspension or expulsion described in Utah Code Ann. § 53G-8-205; and subsections 4.3 and 4.4 of this policy;

the conduct described in Utah Code Ann. § 53G-8-209(2)(b), paragraph 4.2.3 of this policy, and the conduct prohibited in Nebo School District Policies JDB, Student Substance Abuse, and JDD, Prohibition of Bullying, Hazing, and Retaliation. 

“Evidence-based” means the same as defined in Utah Code Ann. § 53G-8-211 and refers to a program or practice that has

had multiple randomized control studies or a meta-analysis demonstrating that the program or practice is effective for a specific population;

been rated as effective by a standardized program evaluation tool; or

been approved by the Utah State Board of Education.

“Expulsion” means the disciplinary withdrawal of a student’s enrollment from all District schools and programs for a fixed (more than ten (10) consecutive school days) or indefinite period of time. Only the Board of Education may expel a student. An expelled student will not receive any educational services from the District during the period of expulsion. All expulsions must be reviewed at least annually by the Superintendent or his/her designee, and the conclusions reported to the Board. Parents of expelled students are responsible to comply with the compulsory education laws of the State of Utah by providing other educational services for the student and paying all associated costs thereof. 

A "gang" as defined in this policy means any ongoing organization, association, or group of three (3) or more persons, whether formal or informal, having as one of its primary activities the commission of criminal acts. “Gangs” have a unique name or identifiable signs, symbols, or marks, and its members, individually or collectively, engage in criminal, threatening, or violent behavior to persons or property, or create an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of a school. 

“Gang activities” include, but are not limited to, any of the following when committed in connection with a gang: 

Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, apparel, emblems, badges, tattoos, accessories, symbols, signs, or other things which are evidence of membership in or affiliation with any gang; 

Committing any act or using any speech, either verbal or non-verbal (i.e., flashing signs, gestures, handshakes, etc.) that demonstrates membership in or a affiliation with a gang; 

Soliciting others for membership in a gang; 

Requesting any person to “pay for protection" or otherwise intimidating, bullying, retaliating against, threatening, or harassing any person; 

Possessing a weapon, alcohol, tobacco, controlled substance, drug paraphernalia, or other contraband; 

Committing any illegal act; OR 

Encouraging or inciting another person to act with physical violence upon any other person or cause damage to property. 

“Long-term suspension” means removing a student from school for a period longer than ten (10) consecutive school days. In such event, the suspended student will not be allowed to attend regular school classes or participate in any school or District activities or events during the period of suspension. However, the District will work with parents to provide alternative educational placements and programs for students, where appropriate and feasible. 

“Parent,” as defined in Utah Code Ann. § 53G-8-210, means a custodial parent of a school-aged child, a legally appointed guardian of a school-age child, or any other person legally authorized to exercise similar authority over a school-age child, such as a foster parent or proctor parent. 

The terms “pornographic or indecent material” mean any material: (a) defined as harmful to minors in Utah Code Ann. § 76-10-1201, such as a description or representation, in any form whatsoever, of nudity, sexual conduct, sexual excitement, abuse, etc.; (b) described as pornographic in Utah Code Ann. § 76-10-1203, which material, when applying community standards, appeals to the prurient interest in sex, is patently offensive, and does not have any serious literary, artistic, political, or scientific value; or (c) described in Utah Code Ann. § 76-10-1227, which describes illicit sex or sexual immorality. 

“Positive behavior interventions and support” (PBIS) is defined in Utah Admin. Code R277-609-2(12) and means an implementation framework for maximizing the selection and use of evidence-based prevention practices along a multi-tiered continuum that supports the academic, social, emotional, and behavioral competence of a student. 

“Prohibited substances” means those substances identified as such in Nebo School District Policy JDB, Student Substance Abuse, and include addictive or prescription drugs, alcohol, illegal drugs, imitation and other harmful substances, non-addictive prescription drugs, over-the-counter drugs, paraphernalia, and tobacco as those substances are defined in that policy. 

"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. 

“Restorative Practice” is defined in Utah Admin. Code R277-609-2(17) and means the building and sustaining of relationships among students, school personnel, families and community members to build and strengthen social connections within communities and hold individuals accountable to restore relationships when harm has occurred. 

"School year" is defined in Utah Code Ann. § 53G-8-210 and means the period of time from the first day students attend school in the fall until and including the last day of school for students in the spring, as set forth in the official District calendar adopted by the Board.

"School-age child" is defined in Utah Code Ann. § 53G-8-210 and means a minor who is at least six years old but younger than 18 years old, and who is not emancipated.

“Short-term suspension” is a temporary removal of a student from school for a period of ten (10) consecutive school days or less. A student who is suspended may, at the principal's discretion, have access to homework, tests, and other schoolwork through a home study program, but will not be allowed to attend regular school classes or participate in any school or District activities or events during the period of suspension. 

 “Willful disobedience” may occur when: A student’s disruption or disobedience has an impact on the effective or safe functioning of the school, such as continuing to remain at the scene of a fight or to instigate a disturbance after being told to stop the behavior; or repeated disobedience to school personnel when other interventions have not been successful in modifying the misbehavior. “Willful disobedience” does not occur when: a student fails to obey the valid authority of school personnel once in a non-safety related incident; a student refuses to give her name in a non-safety-related incident; a student walks away from school personnel in a non-safety-related incident; or a student was not reasonably aware of a direction given by school personnel (i.e. in a noisy room, hearing problems, or other disabilities, language limitations, etc.) 

3. AUTHORITY TO ADMINISTER CORRECTIVE DISCIPLINE 

Teachers and other employees with supervisory responsibilities over students may withhold classroom privileges from students for minor rule and policy violations. 

School principals or assistant principals have the authority to suspend a student for up to ten (10) school days. 

The Superintendent and his/her designees (i.e., Director of Secondary Education, Director of Elementary Education, or Discipline Review Committee) may suspend a student for up to one (1) school year (one hundred and eighty (180) school days). 

The Board of Education may expel a student for a fixed or indefinite period of time. However, all expulsions shall be reviewed by the Superintendent or his/her designee and the conclusions reported to the Board at least once each school year. 

4. GROUNDS FOR DISCIPLINARY ACTION 

A student may be disciplined for minor infractions. Minor infractions are violations of school rules that are usually handled by teachers in the classroom. Chronic, severe, or excessive minor infractions can become major infractions and result in referral to the school administrator for more severe disciplinary actions. Minor infractions can result in loss of privileges, phone calls home, and in-school suspensions. However, consistent with Nebo School District Policy EFA, Student Wellness, restricting daily recess periods should not routinely be used as discipline at the elementary level. Examples of minor infractions may include the following: 

minor dress code violations; 

disrespect, including put downs, talking back, and minor defiance; 

public displays of affection that do not rise to the level of a violation of Nebo School District Policy JDC, Student Discrimination and Harassment; 

inappropriate language and actions; or 

horseplay.

Major infractions are more severe violations of school rules or district policies that result in referrals to a school administrator for disciplinary action. Major infractions may result in suspension and include the following: 

Chronic, severe, or excessive minor infractions.

Violation of a school rule or District policy, whether such rule or policy is specifically identified in this section or not. 

The use of foul, abusive, or profane language.

Violation of Nebo School District Policy JDA, Safe School Environment, including defiance of proper authority; or disruptive behavior, including, but not limited to, using foul, profane, vulgar, or abusive language, fighting, assault, threats, or other behavior which threatens harm or does harm to a person associated with the school

Violation of Nebo School District Policy JDC, Student Discrimination and Harassment or GBEB, Employee Discrimination and Harassment. Discrimination and harassment (including sexual, racial, religious, disability, or any other classification protected by law) are prohibited. Acts of discrimination or harassment by students must be investigated under Policies JDC or GBEB. In addition to disciplinary action against the perpetrator, the District must address the effects on any victims in accordance with those policies. 

Violation of Nebo School District Policy JDCB/GBEBB, Sexual Harassment. Sexual harassment is prohibited. Student conduct that may constitute sexual harassment must be investigated under Policy JDCB/GBEBB. 

Sexual conduct not otherwise prohibited under Policy JDCB/GBEBB, including the following: 

Unwelcome leering, sexual flirtations or propositions, or any unwelcome sexual invitations or requests for sexual activity; 

Sexual slurs, epithets, name calling, threats, verbal abuse, derogatory comments, or sexually degrading descriptions; 

Graphic verbal comments about an individual’s body, overly personal conversations, or any unwelcome communication (whether written, verbal, or sent by electronic or other means) that is sexually suggestive, sexually degrading, or implies sexual motives or intentions; 

Sexual jokes, notes, stories, drawings or pictures, gestures, or the display or distribution of pornographic or other sexually oriented material; 

Displaying words, pictures, or symbols on clothing that are sexually explicit or have an underlying sexual connotation, or wearing clothing in a sexually revealing or suggestive manner; 

Spreading sexual rumors; 

Teasing or sexual remarks about students enrolled in a predominantly single-gender class; 

Massaging, grabbing, stroking or brushing the body; 

Touching oneself or another individual’s body or clothing in a sexual way or any other offensive physical pranks or hazing; 

Exposing or causing the exposure or accentuation of undergarments, genitalia, or other body parts of oneself or another normally or intended to be covered either by the individual or in accordance with Nebo School District Policy JDG, Student Dress and Grooming, including but not limited to mooning, streaking, flashing, pantsing, skirt-flipping, taking sexually suggestive photos or videos, etc. 

Purposefully cornering or blocking normal movements; 

Displaying sexually suggestive objects or performing/showing unwelcome and offensive skits, assemblies, and sexually suggestive productions; or

Engaging in the improper use of school computers and the Internet, including, but not limited to, accessing, downloading, or uploading pornography; sharing Internet pornography or e-mails with students; creating or maintaining websites with sexual content; participating in sexual discussions with students by means of email, Internet chat rooms, instant messaging, or any other form of electronic communication. 

Engaging in any gang-related activity. 

Possession, distribution, or production of pornographic or indecent material, as described in Exhibit 3, Recommended Disciplinary Actions for Indecent Materials. 

Trespassing or loitering on school property; stealing; burglary; or vandalism, graffiti, or other willful destruction or defacing of school property or the property of others. See Nebo School District Policy JDA, Safe School Environment. 

Violation of local, state, or federal law. 

Violation of Nebo School District Policy JDD, Prohibition of Bullying, Hazing, and Retaliation.  

Violation of Nebo School District Policy JDE, Student Electronic Devices, including misuse of an electronic device or any component thereof such as a cellular phone, audio player, watch, tablet, speaker, earphone, or computer. 

Disruption of the instructional or learning process, including through the use of harmful or distracting objects.

Violation of  Nebo School District Policy JDB, Student Substance Abuse The use, possession, sale, distribution, and influence of prohibited substances such as drugs, tobacco, electronic cigarettes, vaporizers, nicotine, alcohol, controlled substances, imitation controlled substances, other similarly harmful substances, drug paraphernalia, or any other substance as defined and prohibited by that policy subjects a student to disciplinary action.. 

Violation of Nebo School District Policy CG, Internet Safety and Computer Use. Misuse of computers, email, or the Internet. 

Violation of Nebo School District Policy JDH, Student Attendance. School attendance is required by law and policy, and truancy and attendance violations may subject a student to discipline or other action in accordance with those policies. 

Violation of Nebo School District Policy JDG, Student Dress and Grooming Standards. 

Cheating, plagiarism, academic dishonesty, or lying to a school or District employee.

Engaging in any of the foregoing types of conduct outside of school or school related activities and events, or before or after school hours, which substantially and materially disrupt, or is reasonably anticipated to substantially and materially disrupt, the educational environment. 

Inciting, encouraging, being an accomplice to, or promoting any of the prohibited conduct listed above, including taking or sharing videos, pictures, or other recordings of real or apparent violations of this policy with the effect of belittling others, celebrating the conduct, or interfering with the District’s efforts to maintain a safe and orderly learning environment. 

As provided in Utah Code Ann. § 53G-8-205 and as more fully described in Nebo School District Policy JDA, Safe School Environment, a student may be suspended or expelled for any of the following reasons:

frequent or flagrant willful disobedience, defiance of proper authority, or disruptive behavior, including the use of foul, profane, vulgar, or abusive language;

willful destruction or defacing of school property;

behavior or threatened behavior which poses an immediate and significant threat to the welfare, safety, or morals of other students or school personnel or to the operation of the school;

possession, control, or use of an alcoholic beverage as defined in Utah Code Ann. § 32B-1-102;

behavior proscribed under subsection 4.4 which threatens harm or does harm to the school or school property, to a person associated with the school, or property associated with that person, regardless of where it occurs; or

possession or use of pornographic material on school property.

As provided in Utah Code Ann. § 53G-8-205 and as more fully described in Nebo School District Policy JDA, Safe School Environment, and subject to the procedures set forth in section 14 or 15 of this policy, a student shall be suspended or expelled for any of the following reasons. 

The possession, control, or actual or threatened use of a real weapon, explosive, or noxious or flammable material;

The actual or threatened use of a look-alike weapon with intent to intimidate another person or to disrupt normal school activities;

The sale, control or distribution or a drug or controlled substance as defined in Utah Code Ann. § 58-37-2, an imitation controlled substance as defined in Utah Code Ann. § 58-37b-2, or drug paraphernalia as defined in Utah Code Ann. § 58-37a-3; 

The commission of an act involving the use of force or the threatened use of force which if committed by an adult would be a felony or class A misdemeanor. 

5. VIOLATIONS AND DISCIPLINE 

Disciplinary Action: It is the responsibility of school employees to report prohibited behavior to a school administrator or an appropriate supervisor. Any student who engages in conduct in violation of this policy or any other policy concerning student behavior and conduct shall be subject to disciplinary action. Consequences shall be firm and fair and correspond to the severity of the infraction. A continuum of consequences should be utilized if appropriate under the circumstances. Disciplinary action may include, but is not limited to, before or after school detention, in-school suspension, short-term suspension, long-term suspension, administrative transfer, expulsion, exclusion from or loss of extracurricular activities, probation, and/or alternative educational placement. In imposing such discipline, all facts and circumstances of the incident(s) shall be taken into account. Some disciplinary consequences may be specifically prescribed by this policy, another District policy, and/or applicable local, state, or federal law. Disciplinary action taken by a school administrator shall be documented in the District’s Student Information System (“SIS”). 

School Property Theft or Damage: Students being disciplined for the theft, willful destruction, or defacing of school property will be subject to appropriate disciplinary action, including, but not limited to, being required to pay for the damages or make arrangements to work off the cost of the damages. As provided in Utah Code Ann. § 53G-8-212, failure to do so shall result in the withholding of official written grades, diploma, and transcripts. The student's parents are also liable for damages as provided in Utah Code Ann. § 78A-6-1113. If the student and the student's parents are unable to pay for the damages, or if it is determined by the school in consultation with the student's parents that the student's interests would not be served if the parents were to pay for the damages, then the school shall provide for a program of voluntary work for the student in lieu of the payment.  

Cheating, Plagiarism, or Academic Dishonesty: Students being disciplined for cheating, plagiarism, or academic dishonesty will be subject to appropriate disciplinary action including academic consequences. The test, homework, or other assignment on which the student cheated may not be credited toward the student’s grade for that class, and the student may not be permitted to make up the missed points or credit. Further appropriate academic and non-academic disciplinary action may be imposed. 

Possession, Production or Distribution of Pornographic Material: Administrators are encouraged to consult Exhibit 3, Recommended Disciplinary Actions for Indecent Materials when considering appropriate disciplinary action against students found to have possessed or distributed pornographic or indecent materials. Administrators should consider all facts surrounding the violation, including any mitigating or aggravating circumstances, and should adjust the discipline accordingly. Violations of this paragraph may require a sexual harassment investigation under Nebo School District Policy JDCB/GBEBB, Sexual Harassment, especially if any person depicted in the pornographic or indecent material is a student or employee of the District. However, even if no person depicted is a student or employee of the District, the showing of pornographic or indecent material to others may constitute sexual harassment and require an investigation under the District’s sexual harassment policy.

Off-Campus Behavior: Students may be disciplined for conduct that occurs off campus if any of the following criteria are met:

There is a nexus between the proximity or timing of the conduct in relation to the student’s attendance at school or a school-sponsored activity; or

The student is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from the extracurricular activity; or

The conduct has a direct nexus to attendance at school or a school-sponsored activity, such as a plan or agreement made on campus to engage in conduct off-campus that would violate this policy if it occurred on campus; or

The conduct includes speech or expression that materially and substantially disrupts the operation of the school, or the school administration reasonably anticipates that the expression is likely to materially and substantially disrupt the operation of the school; or

The conduct involves the theft or vandalism of school property; or

The conduct involves bullying or harassment and occurs while the student is traveling to or from school or a school-sponsored event, including on a bus, at a bus stop, or traveling to or from the bus or bus stop; or

The conduct involves hazing or cyberbullying. 

6. DUE PROCESS PROCEDURES:

Regular Education Students: Whenever a regular education student is subject to discipline for a violation of this or another District policy, the discipline due process procedures set forth in Section 14 of this policy shall be followed. 

Students with Disabilities (Special Education - IDEA / Section 504): Whenever a student who is receiving special education and related services under the Individuals with Disabilities Education Act (IDEA) or who has been evaluated and identified as having a disability under Section 504 of the Rehabilitation Act of 1973 (Section 504) is subject to discipline for a violation of this or another District policy, the discipline due process procedures prescribed by applicable state and federal laws and regulations shall be followed. Due process procedures for special education students are found in Section 15 of this policy and in Nebo School District Policy JS, Special Education. Due process procedures for Section 504 students are found in Section 15 of this policy and in Nebo School District Policy JR, Students with Disabilities under Section 504. 

7. SEARCH AND SEIZURE 

In order to preserve a safe environment for all students and school personnel, the Board of Education recognizes that school officials must have the authority to conduct reasonable searches of students and student property. However, students have certain legitimate expectations of privacy, and the Fourth Amendment’s prohibition on unreasonable searches and seizures applies to searches conducted by District employees. Nevertheless, “students within the school environment have a lesser expectation of privacy than members of the population generally.” Vernonia Sch. Dist. v. Acton, 515 U.S. 646, 657 (1995). Therefore, school officials engaging in searches of students and student property shall abide by the guidelines set forth in this section.  All contraband discovered in a search by school officials should be immediately confiscated and turned over to law enforcement officers if school officials have reason to believe the contraband is related to the commission of a criminal act. 

Reasonableness:

To protect the privacy rights of students, searches by school officials must be reasonable under all the circumstances. To be reasonable, a search must be justified at its inception and reasonably related in scope to the circumstances that justified the search in the first place. 

A search is justified at its inception if there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating a law, policy, or rule. 

Once justified at its inception, a search will be reasonable in scope if the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and gender and the nature of the infraction. 

Student Lockers: 

Students have no right or expectation of privacy in school lockers. While lockers are under the joint control of students and the school, lockers remain the exclusive property of the District and may be searched at any time by school officials. 

Once a locker is opened for search, any search of student belongings contained within the locker must comply with the reasonableness requirement for searches outlined in subsection 7.2 of this policy.

Searches of Personal Belongings and Vehicles: 

Personal belongings (coats, hats, backpacks, book bags, purses, wallets, notebooks, gym bags, etc.) and vehicles located on school property may be searched by school officials consistent with the reasonableness requirement outlined in subsection 7.2 above. The student may be asked to open personal belongings and vehicles, and to turn over personal property for search by a school official. All searches of student property by school officials shall be witnessed by an objective third party (such as another administrator, teacher, or police officer) to observe that the search is not excessively intrusive. 

Because the expectation of privacy is lesser for students at school than for the general population, vehicles located on school property may be searched by school officials upon reasonable suspicion. Parents and students should be notified of the diminished expectation of privacy. School parking applications should contain the following language: 

NOTICE OF VEHICLE SEARCHES – Consistent with Nebo School District Policy JD, Student Conduct and Discipline, a vehicle located on school property may be searched by school officials upon reasonable suspicion that the vehicle may contain evidence that a criminal law, District policy, or school rule has been violated. 

Searches of a Person: School officials shall make sure that in addition to satisfying the reasonableness requirement outlined in subsection 7.2 above, the search also meets the following guidelines: 

The search shall be conducted in a private area of the school. 

Except for the nonintrusive actions identified in paragraph 7.5.3, the search shall be conducted by a school official of the same gender as the student being searched and observed by an objective third party of the same gender as the student being searched (i.e., administrator, teacher, or police officer). 

School officials may ask the student to remove his/her hat, coat, shoes and socks, turn pockets inside out, and roll up sleeves to see if the student is hiding contraband. 

Strip searches are prohibited. If this limited search does not turn up suspected contraband and school officials have reasonable suspicion that the student is concealing contraband in his/her inner clothing (i.e., hiding drugs, weapons, or other contraband underneath shirt, pants, or underwear), law enforcement officers shall be notified immediately. School officials shall, in a timely manner, contact the student’s parents to inform them that a search was conducted by a law enforcement officer. 

Student Electronic Devices: Browsing the content of a student’s phone, tablet, or other electronic device is considered a search and may be conducted only consistent with the reasonableness requirement outlined in subsection 7.2 above. Mere presence of the device, even in violation of a class or school rule, is insufficient to justify looking at the device’s content unless reasonable suspicion exists that the content itself will reveal violation of law or policy. 

Canine Searches: The sniffing of a locker or vehicle by a trained canine for the detection of drugs, explosives, etc. may be conducted only by law enforcement officers. The school may detain students or restrict their movements during a canine search. Students may also be asked to relinquish personal items such as backpacks to facilitate the search. However, a canine should not be used to directly search a student unless a warrant is provided or parental permission is obtained prior to the search. Any search based on a dog’s alert must follow the requirements and procedures for searches of a student’s person or property as set forth in this section. 

Documentation of Searches: School officials must thoroughly document the details of any search conducted of a student’s person or property, especially in the case of drugs, alcohol, tobacco, weapons, or other items of criminal or significant importance. Documentation should be made at the time of the search, or as soon as possible thereafter, and should provide the information outlined in Exhibit 4, Documentation of Student Search, including, but not limited to, the following: (a) the reasonable suspicion giving rise to the search and its scope; (b) the name of the administrator(s) conducting / witnessing the search; (c) the date, time, and location of the search; (d) the area searched; (e) a list of all items found during the search and statement as to their confiscation and/or safekeeping; (f) disciplinary action, if any, taken against the student; and (g) information regarding the attempts of school officials to notify parents about the search. 

8. RECIPROCITY AND ENROLLMENT

In accordance with the reciprocity agreements and understandings with other school districts in the State of Utah, it is the practice in Nebo School District to recognize and honor disciplinary action imposed upon a student by other school districts and schools. Accordingly, Nebo School District will not enroll a student who is currently under suspension or expulsion from another school district or school. In addition, a student may be denied admission in Nebo School District on the basis of having been suspended or expelled from another school district or school during the preceding twelve (12) months. Utah Code Ann. § 53G-8-205(3).

9. RESPONSIBILITY OF PARENTS

If a student is suspended or expelled for more than ten (10) school days, the parents are responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension or expulsion. The parents can work with designated school personnel to determine how that responsibility might best be met through an alternative educational placement or program offered by or through the District, private education, or other alternative which will satisfy the legal and educational needs of the student. The parents and school personnel may enlist the cooperation of the Division of Child and Family Services (DCFS), the juvenile court, or other appropriate state agencies to meet the student's educational needs. Costs for educational services which are not provided by the District are the responsibility of the student's parents. Utah Code Ann. § 53G-8-208.

10. MULTI-TIERED SYSTEM OF SUPPORT

Successful schools provide a safe and welcoming environment where students have an opportunity to learn and teachers can devote their time to teaching. Effective classroom management and school discipline are necessary for the efficient and safe functioning of any school and to ensure that students have the opportunity to learn. Positive school climate and relationships are the most important components of any effective discipline policy. The focus of discipline in Nebo School District is on prevention, intervention, and teaching appropriate behaviors. 

As required by Utah Admin. Code R277-609-4, each school shall implement effective instructional practices for teaching student expectations, including

self-discipline;

citizenship;

civic skills; and

social emotional skills. 

As required by Utah Admin. Code R277-609-4, each school shall implement systematic methods for reinforcement of expected behaviors. 

A continuum of intervention strategies shall be available to help students whose behavior in school repeatedly falls short of reasonable expectations. Prior to suspension or expulsion of a student for repeated acts of willful disobedience, defiance of authority, or disruptive behavior which are not of such a violent or extreme nature that immediate removal is warranted, good faith efforts shall be made to implement a remedial discipline plan that would allow the student to remain in school. A number of interventions should be tried, including, but not limited to: (a) talking with the student; (b) class schedule adjustment; (c) contact with the parents; (d) parent/student conferences; (e) behavioral contracts; (f) after-school make-up time; (g) short-term in-school suspension; (h) short-term at-home suspensions; (i) Multi-disciplinary Team involvement and assistance; (j) appropriate evaluation; (k) home study; (l) alternative educational placements and programs; and (m) law enforcement assistance, as appropriate. The District shall also cooperate with the Utah State Board of Education in regards to researching, motivating, and providing student incentives that: (1) directly and regularly reward or recognize appropriate behavior; (2) impose immediate and direct consequences on students who fail to comply with District or school standards of conduct; and (3) keep the student in school, or otherwise continue student learning with appropriate supervision or accountability. Utah Code Ann. § 53G-8-207.

The multi-disciplinary team is the committee created at the discretion of the Coordinator of Student Services and may be composed of school administrator(s), social worker(s), school counselor(s), school psychologist(s), teacher(s), and/or other individuals, as appropriate, to assist or to make recommendations for disciplinary action and suggest alternative educational placements and programs as consequences for student conduct violations. 

The District shall maintain District-level and school-level Positive Behavior Intervention and Support Plans that include the following:

Establishment of behavioral expectations applicable across school settings that are taught explicitly and reinforced; 

Correction of behavioral errors; 

Uniform and equitable methods for at least annual evaluation of school-level data to determine the efficiency and effectiveness of PBIS; 

Training for students, faculty, and staff related to student self-discipline, good citizenship, and recognizing and preventing disruptive behaviors, including overt aggression, covert or relational aggression, gang involvement, and drug or alcohol use; and 

Articulation of pathways for students to repair harm, resolve conflict with peers, and restore their standing within the classroom after a behavior infraction. 

Other elements of student and classroom management as required under Utah Admin. Code R277-609-4, including the following.

strategies to provide for necessary adult supervision;

a requirement that rules be clearly written and consistently enforced; 

notice to employees that violation may result in employee discipline.

Each school must have written standards for student behavior expectations, including self-discipline, administrative responsibility for student discipline, citizenship, civic skills, and social skills. Schools shall also adopt and enforce rules and standards that cover school and classroom management, adult supervision, and disruptive behaviors. Such school rules and standards must be compatible with District policies and state and federal law. 

Each school shall establish a multi-tiered system of supports (MTSS) team. The MTSS team must include a school administrator and should include 5-10 other employees including a school counselor, school psychologist, and teachers. 

Each MTSS team shall establish an ongoing staff development program related to development of the following:

student behavior expectations;

effective instructional practices for teaching and reinforcing behavior expectations;

effective intervention strategies; and

effective strategies for evaluation of the efficiency of interventions. 

Each MTSS team shall establish procedures for ongoing training of appropriate school personnel in the following:

crisis management;

emergency safety interventions; and 

Nebo School District Policy JP, Seclusion and Restraint.

In accordance with Utah Code Ann. § 53G-8-210, and Utah Admin. Code R277-609-4 and 609-10, each school administrator is authorized to issue notices of disruptive student behavior to qualifying minors as described in this subsection. 

A notice of disruptive behavior must be written and must be issued to a qualifying minor and the minor’s parent in person or by certified mail. 

An administrator shall issue the notice of disruptive behavior to a qualifying minor, as defined in section 2, who engages in the following:

Disruptive student behavior, as defined in section 2, that does not result in suspension or expulsion, three times during the school year; or

Disruptive student behavior, as defined in section 2, that results in suspension or expulsion, once during the school year. 

A notice of disruptive student behavior must require the qualifying minor and the minor’s parent to 

meet with school authorities to discuss the behavior; and 

cooperate with the Board and administration in correcting the behavior. 

11. PARENTAL ATTENDANCE WITH STUDENT

As part of a remedial discipline plan for a student, a school may require the student's parent, with the consent of the student's teachers, to attend class with the student for a period of time specified by a school or District administrator. If the parent does not agree or fails to attend class with the student, the student shall be suspended or expelled in accordance with the provisions of school and District discipline policies.  Utah Code Ann. § 53G-8-207.

12. EXTRACURRICULAR ACTIVITIES

Participation in student government, competitive athletics, and other extracurricular activities may confer important educational and lifetime benefits upon students. However, there is no constitutional or legally protected property right to participate in these types of extracurricular activities. Students who participate in extracurricular activities become role models for others in the school and community. These students often play major roles in establishing standards of acceptable behavior in the school and community, and establishing and maintaining the reputation of the school and the level of community confidence and support afforded to the school. Accordingly, students involved in extracurricular activities must comply with school and District policies, team or organization rules, and applicable local, state, and federal laws in regards to their conduct and behavior. Any violations of the foregoing may subject the student to disciplinary action, including, but not limited to, suspension, probation, or exclusion from participation in the extracurricular activities. Students participating in extracurricular activities shall in all respects conduct themselves in a manner befitting their positions and responsibilities. Utah Code Ann. § 53G-8-209.

13. CORPORAL PUNISHMENT / PHYSICAL RESTRAINT

Corporal punishment is the intentional infliction of physical pain upon the body of a student as a disciplinary measure. A school employee may not inflict or cause the infliction of corporal punishment upon a student. This section does not prohibit the use of reasonable and necessary physical restraint or force under Nebo School District Policy JP, Seclusion and Restraint, in self-defense or in other appropriate circumstances: (a) to obtain possession of a weapon or other dangerous object in the possession or under the control of a student; (b) to protect a student or another person from physical injury; (c) to remove from a situation a student who is violent; or (d) to protect property from being damaged, when physical safety is at risk. All incidents of seclusion or restraint must comply with Policy JP. Utah Code Ann. § 53G-8-302.

14. STUDENT DISCIPLINE PROCEDURES (REGULAR EDUCATION STUDENTS)

In every situation where a regular education student is subject to discipline for a violation of this or another District or school policy, the school administrator must first ascertain whether the school had prior knowledge to the incident that the student may have an unidentified disability subject to protection and procedural safeguards provided under the IDEA or Section 504. The school will be deemed to have had prior knowledge if any of the following circumstances are met: (a) the parent of the student has expressed concern in writing to school personnel that the student is in need of special education and related services; (b) the parent of the student has requested an evaluation of the student; or (c) a teacher or other school personnel has expressed specific concerns about a pattern of behavior of the student to the Director of Special Education / Federal Programs or other supervisory personnel. If none of the above circumstances are met, then the discipline procedures set forth in this section shall be followed. If any one or more of the above circumstances are met, then the following questions must be addressed: (1) Has the parent not allowed an evaluation of the student? (2) Has the parent refused services? (3) Has the student been evaluated and determined not to be a student with a disability? If the answer to any of the foregoing questions is “yes,” then the discipline procedures set forth in this section shall be followed, subject to any applicable educational and related services, rights, and protections if the student is subsequently identified as a student with a disability protected under the IDEA or Section 504. If the answer to any of the foregoing questions is “no,” then the discipline procedures set forth in Section 15 shall be followed.

Short-Term Suspensions - Ten (10) consecutive school days or less. See Exhibit 1, Student Discipline Due Process - Regular Education Student Flowchart. Utah Code Ann. §§ 53G-8-204, 205, and 206. Goss v. Lopez, 419 U.S. 565 (1975). 

School Administrator: 

Upon being apprised of a student incident in violation of District or school policy that may lead to disciplinary action, a school administrator shall promptly and thoroughly investigate and document the incident in accordance with subsection 14.4. 

If the investigation finds a policy violation that warrants short-term suspension, minimal due process is required. The school administrator shall give the student verbal or written notice of the violation, evidence of the accusation, and the opportunity to present their side of the story. Generally, this notice and informal hearing shall precede the student’s removal from school. 

The school administrator shall notify the custodial parent(s) or legal guardian(s) of the student of the following: (a) that the student has been suspended for ten (10) school days or less; (b) the grounds for the suspension; (c) any conditions of the suspension; and (d) the time and place for the parents to meet with the school administrator to review the suspension. 

The school administrator shall also notify the non-custodial parent of the student of the suspension, if requested in writing. 

The school administrator shall determine the best way to transfer custody of the suspended student to the parents. The school administrator shall then assure that the student is either released directly to the custody of the parents or has obtained permission from the parents for the student to leave school and go home. A suspended student shall immediately leave the school building and grounds. 

A suspended student may not be readmitted to school until: (a) the student and the parents have spoken with the school administrator to review the suspension; (b) all conditions of the suspension have been satisfied; and (c) the school administrator, student, and parents have agreed upon a plan to avoid recurrence of the problem. 

Disagreements between the parents and the school in regards to short-term suspensions will be handled in meetings between parents, school administrators, and the student, if appropriate. 

Long-Term Suspensions and Expulsions. More than ten (10) consecutive school days.  See Exhibit 1, Student Discipline Due Process - Regular Education Student Flowchart. Utah Code Ann. §§ 53G-8-204, 205, and 206. Goss v. Lopez, 419 U.S. 565 (1975). 

School Administrator: 

Upon being apprised of a student incident in violation of District or school policy that may lead to disciplinary action, a school administrator shall promptly and thoroughly investigate and document the incident in accordance with subsection 14.4. 

As part of the investigation, the school administrator shall give the student verbal or written notice of the violation, evidence of the accusation, and the opportunity to present their side of the story. Generally, this notice and informal hearing shall precede the student’s removal from school. If the investigation finds a policy violation that warrants long-term suspension or expulsion, the school administrator must comply with the provisions of this subsection 14.3.1 before referring the student to the Coordinator of Student Services. 

A suspension or expulsion may not extend beyond ten (10) school days unless the student and the student’s parents have been given notice and a reasonable opportunity to meet with the school administrator and/or District officials and respond to the allegations and proposed disciplinary action. 

The school administrator shall notify in writing the custodial parent(s) or legal guardian(s) of the student of the following: (a) that the student has been suspended for ten (10) school days; (b) the grounds for the suspension; (c) any conditions of the suspension; (d) that the matter has been referred to the District Office for further disciplinary action; and (e) that the student and parents need to meet with the District’s Coordinator of Student Services. A copy of this written notification shall be sent to the Coordinator of Student Services. 

The school administrator shall also notify the non-custodial parent of the student of the suspension, if requested in writing. 

The school administrator shall determine the best way to transfer custody of the suspended student to the parents. The school administrator shall then assure that the student is either released directly to the custody of the parents or has obtained permission from the parents for the student to leave school and go home. A suspended student shall immediately leave the school building and grounds. 

The school administrator shall notify the District’s Coordinator of Student Services of the incident and provide him/her with all relevant and necessary information and documentation. 

Coordinator of Student Services:

The Coordinator of Student Services shall: (a) obtain all necessary information and documentation regarding the incident; (b) notify and conduct a Resolution Conference with the student and parents within ten (10) school days of the school’s suspension; and (c) make a recommendation for disciplinary action to the Director of Secondary or Elementary Education, as applicable.

Director of Secondary / Elementary Education:

The Director of Secondary or Elementary Education, as applicable, shall send a letter to the student’s parents imposing disciplinary action and including a statement of their right to request, in writing, a hearing before a Discipline Review Committee under subsection 14.3.4 within ten (10) calendar days. 

If no request for a hearing is received within ten (10) calendar days, the Director’s decision is final. If a request for hearing is received within the time period, the Director will schedule a hearing before the Discipline Review Committee within ten (10) school days of receiving the request for hearing. 

Discipline Review Committee:

The Discipline Review Committee is a committee created at the discretion of the Assistant Superintendent and shall be composed of the Assistant Superintendent (who shall serve as Chair) and at least two (2) other individuals from any of the following categories - school administrators, social workers, school counselors, school psychologists, teachers, and/or other individuals, as appropriate, to serve as the impartial hearing panel for student disciplinary due process hearings. 

The Discipline Review Committee shall conduct a hearing with the student and student’s parents. The Discipline Review Committee shall issue a written decision concerning the disciplinary action to the student’s parents, including a statement of their right to request, in writing, an appeal before the Superintendent within ten (10) calendar days. 

If no request for an appeal is received within ten (10) calendar days, the Discipline Review Committee’s decision concerning the disciplinary action is final. If a request for an appeal is received within the time period, the Discipline Review Committee will schedule a hearing before the Superintendent within ten (10) school days of receiving the notice of appeal. 

Superintendent: 

The Superintendent shall conduct a hearing with the student and student’s parents. The Superintendent shall issue a written decision concerning the disciplinary action to the student’s parents. The Superintendent’s decision is final. 

Board of Education: Only the Board of Education may expel a student. To do so, the Board shall conduct a hearing with the student and student’s parents. The Board shall issue a final written decision concerning the expulsion. The Board’s decision on an expulsion is final. The expulsion must be reviewed by the superintendent or designee and reported to the Board at least once each year. 

Student Progress: The Coordinator of Student Services or his/her designee shall have contact with the parents of each suspended student under the age of sixteen (16) at least once each month to determine the student's progress. 

Readmission to School: A suspended or expelled student may not be readmitted to school until: (a) the student and the parents have met with the Coordinator of Student Services to review the suspension; (b) all conditions of the suspension have been satisfied; and (c) the Coordinator of Student Services, student, and parents have agreed upon a plan to avoid recurrence of the problem. 

Investigations and Documentation: The investigation and documentation of student misconduct should follow the procedures outlined in this subsection or other applicable District policy. 

The type of investigation depends on the type of misconduct. 

Allegations of bullying, cyber-bullying, hazing, retaliation, or abusive conduct must be investigated following procedures outlined in Nebo School District Policy JDD/GBEA, Prohibition of Bullying, Hazing, and Retaliation.  

Allegations of discrimination or harassment must be investigated following procedures outlined in Nebo School District Policy JDC, Student Civil Rights Discrimination and Harassment or Nebo School District Policy GBEB, Employee Civil Rights Discrimination and Harassment. 

Allegations of sexual harassment must be investigated following procedures outlined in Nebo School District Policy JDCB/GBEBB, Sexual Harassment. 

Investigations of misconduct not governed by other District policies must follow the procedures outlined in this subsection. 

An investigation of student misconduct under this policy must be conducted by a school administrator, who should do the following, depending on the severity of the alleged misconduct: 

conduct interviews of students and others who were involved in or witnessed the incident(s); 

obtain statements from students and others who were involved in or witnessed the incident(s); 

obtain and secure any relevant evidence; 

prepare any necessary forms and other documentation; 

involve District personnel, local law enforcement personnel, and/or DCFS, as applicable; and 

perform any other tasks necessary to properly investigate and document the student incident(s). 

An investigation of misconduct under this policy may use forms prepared by District administration, including the following:

Investigator checklist,

Complaint form,

Response form,

Witness statement form,

Investigation classification form,

Investigation report and decision form. 

If the investigation finds evidence that the student has made a threat, the administrator shall cause a student threat assessment to be initiated as described in Section 19. 

Hearings: Student disciplinary due process hearings are not as formal as court hearings. Strict adherence to court rules of procedure and evidence are not required. However, certain rights of the student must be observed. The hearing must be impartial, the student is entitled to representation by legal counsel, the student is to be made aware of the general nature of the evidence to be used against him/her, and substantial evidence must be provided. Each level in the disciplinary due process hearings is a de novo review of the prior decision. The Discipline Review Committee, Superintendent, and Board of Education may each issue a new decision, including greater, lesser, or alternative disciplinary measures, beyond merely upholding or denying the prior decision. 

Right to Counsel: Although a student is entitled to be represented by legal counsel at a hearing, the District is not responsible to provide counsel or pay for the student's expenses in obtaining counsel. 

Evidentiary Rules: Testimony in a student disciplinary due process hearing is not subject to the strict adherence to court rules of evidence. In fact, hearsay testimony is admissible. However, the District's evidence supporting the disciplinary action must meet the test of "substantial evidence.” 

15. STUDENT DISCIPLINE PROCEDURES (STUDENTS WITH DISABILITIES) 

Short-Term Suspensions - Ten (10) consecutive school days or less. See Exhibit 2, Student Discipline Due Process – Students with Disabilities Flowchart. Utah Code Ann. §§ 53G-8-204, 205, and 206. Goss v. Lopez, 419 U.S. 565 (1975). 

School Administrator: In every situation where an eligible student with disability under the IDEA or Section 504 is subject to discipline for a violation of this or another District or school policy, the school administrator must first ascertain whether the student has been previously suspended during the current school year. Previous suspensions may include in-school suspensions. An in-school suspension does not count as a suspension if: (a) the student was able to progress in the general curriculum; (b) the student received services as provided in his/her Individualized Education Program (IEP); and (c) the student was able to participate with non-disabled students in the current placement. Previous suspensions include bus suspensions if transportation is specifically included in the student’s IEP. If the student has not previously been suspended, the administrator shall proceed in accordance with subsection 15.1. If the student has previously been suspended, the administrator shall determine whether the total suspensions cumulate to more than ten (10) school days in the current school year (partial day suspensions also need to be accounted for). If the total suspensions do not cumulate to more than ten (10) school days, the administrator shall proceed in accordance with subsection 15.1. If the total suspensions do cumulate to more than ten (10) school days, then the school administrator and staff must determine if the student has been subject to a series of suspensions that constitute a pattern.  A “pattern” occurs when: (a) the series of suspensions total more than ten (10) school days in a school year; (b) the student’s behavior is substantially similar to previous incidents that resulted in the series of suspensions; and (c) there are other factors suggesting a pattern, such as the length of each suspension, the total amount of time the student has been suspended, and the proximity in time of those suspensions (i.e., the longer the total number days and the closer they are in proximity, the more likely it would constitute a pattern). If there is no pattern, the administrator shall proceed in accordance with subsection 15.1. If there is a pattern this constitutes a “change of placement” under the IDEA, and the administrator shall proceed in accordance with subsection 15.2. 

Upon being apprised of a student incident in violation of District or school policy that may lead to disciplinary action, a school administrator shall promptly and thoroughly investigate and document the incident. 

Minimal due process is required. The school administrator shall give the student verbal or written notice of the violation, evidence of the accusation, and the opportunity to present their side of the story. Generally, the notice and informal hearing shall precede the student’s removal from school. 

The school administrator shall notify the custodial parent(s) or legal guardian(s) of the student of the following: (a) that the student has been suspended for ten (10) school days or less; (b) the grounds for the suspension; (c) any conditions of the suspension; and (d) the time and place for the parents to meet with the school administrator to review the suspension. 

The school administrator shall also notify the non-custodial parent of the student of the suspension, if requested in writing. 

The school administrator shall determine the best way to transfer custody of the suspended student to the parents. The school administrator shall then assure that the student is either released directly to the custody of the parents or has obtained permission from the parents for the student to leave school and go home. A suspended student shall immediately leave the school building and grounds. 

A suspended student may not be readmitted to school until: (a) the student and the parents have spoken with the school administrator to review the suspension; (b) all conditions of the suspension have been satisfied; and (c) the school administrator, student, and parents have agreed upon a plan to avoid recurrence of the problem. 

Disagreements between the parents and the school in regards to short-term suspensions will be handled in meetings between parents, school administrators, and the student, if appropriate. 

Long-Term Suspensions. More than ten (10) consecutive school days constitutes a “change of placement” under the IDEA. More than ten (10) cumulative school days in a school year constitutes a “change of placement” under the IDEA if a pattern is established (see subsection 15.1.1). See Exhibit 2, Student Discipline Due Process – Students with Disabilities Flowchart. Utah Code Ann. §§ 53G-8-204, 205, and 206. Goss v. Lopez, 419 U.S. 565 (1975). 

School Administrator: 

Upon being apprised of a student incident in violation of District or school policy that may lead to disciplinary action, a school administrator shall promptly and thoroughly investigate and document the incident. 

The school administrator shall give the student verbal or written notice of the violation, evidence of the accusation, and the opportunity to present their side of the story. Generally, the notice and informal hearing shall precede the student’s removal from school. 

On the date of the decision to remove the student from school, the school administrator shall provide the parents with notice of the suspension (“change of placement”) and a copy of the IDEA or Section 504 procedural safeguards notice. 

Manifestation Determination: Within ten (10) school days of any decision to “change the placement” of a student with a disability because of a violation of this or another District or school policy, a determination must be made by the school administrator, parents, and relevant members of the student’s IEP Team of whether the behavior is a manifestation of the student’s disability by answering the following questions: (1) Whether the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability? (2) Whether the conduct in question was the direct result of the school’s failure to implement the IEP? 

If the answer to both of these questions is “no,” then the behavior is not a manifestation of the student’s disability. In such event, the student shall be disciplined as any other student for a similar offense in accordance with disciplinary procedures set forth in Section 14; provided, however, that the student must continue to receive educational services during any period of suspension to assure that the student is receiving a Free and Appropriate Public Education (FAPE). The IEP Team will determine educational services and the Interim Alternative Educational Setting (IAES) where the student will receive educational services. Educational services should target the student’s behavior to limit its reoccurrence, enable the student to participate in the general education curriculum, and progress towards meeting the student’s IEP goals. In the event the parents of the student challenges the manifestation or placement decision through an expedited due process hearing, the student shall be kept in the IAES pending any such challenge until a final decision is issued. 

If the answer to either of these two questions is “yes,” then the behavior is a manifestation of the student’s disability. In such event, the IEP Team must conduct and/or review a Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP) for the student. The IEP Team must return the student to his/her prior educational placement, unless the parent and school personnel agree to a “change of placement” as part of the BIP. Notwithstanding the manifestation determination, in the event that school personnel believe that the student’s behavior is substantially likely to result in injury to the student or others, the District may seek an expedited due process hearing to prevent the student from returning to his/her prior educational placement. In such event, the student shall be placed in an IAES pending the hearing until a final decision is issued. 

Weapons, Drugs, or Serious Bodily Injury: Regardless of whether the misconduct is a manifestation of the student’s disability, school personnel may remove a student with a disability for up to forty-five (45) days to an IAES if the student’s misconduct involved: (a) possessing or using a weapon at school, on school premises, or at a school function; (b) possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance, while at school, on school premises, or at a school function; OR (c) inflicting serious bodily injury upon another person while at school, on school premises, or at a school function. For purposes of this section, the term “weapon” is defined as a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length. For purposes of this section, the terms “illegal drugs” or “controlled substances” have definitions contained in federal law, but do not include a substance that is legally possessed or used under the supervision of a licensed health care professional or that is legally possessed or used under any other authority under federal law. For purposes of this section, words “serious bodily injury” is defined as bodily injury which involves: (a) a substantial risk of death; (b) extreme physical pain; (c) protracted and obvious disfigurement; or (d) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. 

Expulsions. Board of Education removal of a student from school for a fixed (more than ten (10) consecutive school days) or indefinite period of time. The expelled student will not receive any educational services from the District during the period of expulsion. Students with disabilities eligible under the IDEA are not subject to expulsion as a disciplinary measure. For a serious violation committed by an IDEA student, proceed with a long-term suspension set forth in subsection 15.2. Students with disabilities eligible under Section 504 are subject to expulsion as a disciplinary measure. For an expulsion involving a Section 504 student, follow the procedures set forth in subsection 15.2. See Exhibit 2, Student Discipline Due Process – Students with Disabilities Flowchart. Utah Code Ann. §§ 53G-8-204, 205, and 206. Goss v. Lopez, 419 U.S. 565 (1975). 

16. LAW ENFORCEMENT

The District may enter into Interlocal Agreements with law enforcement agencies or individuals to provide school resource officer (SRO) services under Utah Code Ann. § 53G-8-703. The Interlocal Agreements and this section constitute the District’s SRO policy required under Utah Code Ann. § 53G-8-703.2,

The Interlocal Agreement may outline in greater detail the roles and responsibilities of the SRO. In general, an SRO shall perform the following duties. 

Maintain a safe, healthy, and productive learning environment; 

Build relationships, identify safety concerns, and develop problem solving strategies; 

Communicate and coordinate with the school principal and other administrators; 

In coordination with school administrators, provide presentations to the school; and

Act as a visible, active law enforcement figure working with the school and addressing law enforcement matters at school and at school activities and events. 

The SRO and school administrators will coordinate to differentiate between school disciplinary issues (school administrator responsibility) and criminal issues (SRO responsibility) and respond appropriately, de-escalating school-based incidents whenever possible. School administrators and SROs should regularly consult the SRO Interlocal Agreements to review roles and responsibilities. 

Law enforcement involvement in student discipline must comply with applicable laws, rules, and regulations, including Utah Code Ann. § 53G-8-211, which provides the following: 

If a minor is alleged to have committed an offense on school property that is a class C misdemeanor, an infraction, or a status offense, the school administrator, the school administrator's designee, or a school resource officer may refer the minor:

to an evidence-based alternative intervention, including:

a mobile crisis outreach team;

a youth services center, as defined in Section 80-5-102;

a youth court or comparable restorative justice program;

an evidence-based alternative intervention created and developed by the school or school district;

an evidence-based alternative intervention that is jointly created and developed by a local education agency, the state board, the juvenile court, local counties and municipalities, the Department of Health and Human Services; or

a tobacco cessation or education program if the offense is a violation of Section 76-10-105; or

for prevention and early intervention youth services, as described in Section 80-5-201, by the Division of Juvenile Justice Services if the minor refuses to participate in an evidence-based alternative intervention described in Subsection (3)(a).

Except as provided in Subsection (5), if a minor is alleged to have committed an offense on school property that is a class C misdemeanor, an infraction, or a status offense, a school administrator, the school administrator's designee, or a school resource officer may refer a minor to a law enforcement officer or agency or a court only if:

the minor allegedly committed the same offense on school property on two previous occasions; and

the minor was referred to an evidence-based alternative intervention, or to prevention or early intervention youth services, as described in Subsection (3) for both of the two previous offenses.

If a minor is alleged to have committed a traffic offense that is an infraction, a school administrator, the school administrator's designee, or a school resource officer may refer the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the traffic offense.

Notwithstanding subsection 16.4.1, an SRO may

investigate possible criminal offenses and conduct, including conducting probable cause searches;

consult with school administration about the conduct of a minor enrolled in a school;

transport a minor enrolled in a school to a location if the location is permitted by law;

take temporary custody of a minor in accordance with Utah Code Ann. § 80-6-201; or

protect the safety of students and the school community, including the use of reasonable and necessary physical force when appropriate based on the totality of the circumstances.

If a minor student is referred to a court or a law enforcement officer or agency under subsection 16.4.4, the school shall appoint a school representative to continue to engage with the student and the student’s family through the court process. The representative may not be an SRO. 

17. REINTEGRATION PLAN

If the District receives a notification from the juvenile court or a law enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile court for a violent felony as defined in Utah Code Ann. § 76-3-203.5 or a weapons offense in violation of Utah Code Ann. Title 76, Chapter 10, Part 5, the school shall develop a reintegration plan for the student with a multidisciplinary team (as defined in Utah Code Ann. § 53G-8-213), the student, and the student’s parent or guardian, within five days after the day on which the school receives a notification. 

The school may deny admission to the student until the school completes the reintegration plan. 

The reintegration plan must address:

A behavioral intervention for the student;

A short-term mental health or counseling service for the student; and

An academic intervention for the student. 

18. NOTIFICATIONS AND REPORTS 

This policy may be posted on the District’s website. 

A summary of this policy shall be posted in a prominent location in each school. A summary of this policy may also be published in parent information guides, student handbooks, and other appropriate school publications as directed by the District. 

The District will provide employee training on prevention and intervention procedures related to suicide, gang activities, and other potential safe school violations. 

Each school shall compile an annual report of all suspended and expelled students and submit it to the Coordinator of Student Services. For each suspension or expulsion, the annual report shall indicate the student’s race, gender, disability status, age, grade, reason for the discipline, length of discipline, and any other information required or requested by the Coordinator of Student Services. The Coordinator of Student Services shall provide to the Board of Education an annual report of all suspended and expelled students summarized by school. 

Within three (3) days of receiving adjudication or other information from the juvenile court or a law enforcement agency, the Superintendent shall notify the Coordinator of Student Services and the principal of the school where the student attends or last attended. The principal shall: (a) make a notation of this information in a secure file other than the student’s educational file; and (b) if the student is still enrolled in school, notify school personnel who, in his/her opinion, should be aware of this information. School personnel receiving this information may only disclose the information to other persons having both a right and a need to know. Utah Code Ann. § 53G-8-403.

Pursuant to Utah Code Ann. § 53G-8-209, employees shall immediately report to the principal if they reasonably believe that a student or employee has violated the District’s prohibition against any of the following: 

Foul, abusive, or profane language; 

Use, possession, or distribution of alcohol, tobacco, and drugs or other prohibited substances as described in Nebo School District Policy JDB, Student Substance Abuse or Nebo School District Policy GBCC, Alcohol and Drug-Free Workplace; or 

Hazing, demeaning, or assaultive behavior as described in Nebo School District Policy JDD/GBEA, Prohibition of Bullying, Hazing, and Retaliation, Nebo School District Policy JDC, Student Discrimination and Harassment, Nebo School District Policy JDCB/GBEBB, Sexual Harassment, or Nebo School District Policy GBEB, Employee Discrimination and Harassment. 

Within ten (10) working days of the report received under subsection 17.6, the principal shall submit a report of the alleged incident, and any actions taken in response, to the Director of Elementary Education or Director of Secondary Education, who are designated by the Superintendent to receive such reports. Documentation in the District’s Student Information System (“SIS”) constitutes such a submission and satisfies the requirement. The failure of person holding a professional certificate to timely submit a report under subsection 17.6 or 17.7 may constitute an unprofessional practice under Utah law and may subject the person to disciplinary action by the Utah Professional Practices Advisory Commission. 

Employees who receive reports through the SafeUT Crisis Line under Utah Code Ann. § 53B-17-1202 shall, as soon as possible, notify the principal and, as directed by the principal, respond in accordance with applicable District policies. 

19. STUDENT THREAT ASSESSMENTS

A threat is a communication of intent to harm someone or a group of people. An expression of intent to harm someone is considered a threat regardless of whether it is communicated to the intended targets. That threat may be spoken, written, gestured or expressed in some other form, such as via text or other digital means. Threats may also be implied by behavior that an observer would reasonably regard as threatening, planning or preparing to commit a violent act. 

A student threat assessment is an individual assessment of a particular student by a designated employee to determine the seriousness of the student’s threat and the likelihood that the student will follow through with the threatened action. 

A student threat assessment is distinguishable from a school threat assessment, as contemplated by Utah Code Ann. §§ 53G-8-701.5 and 53G-8-802, which involves general building security, response protocols, safety drills, etc. 

Likewise, a student threat assessment is not a crisis response to imminent violence, such as when a person has a firearm at school. In such cases, emergency action should be taken in accordance with Nebo School District Policy EBC, Crisis Management Plan. 

A student threat assessment is initiated by an administrator after receiving notice that a student has made a threat. The administrator may assign a school counselor or school social worker to conduct the threat assessment. 

A school counselor or school social worker must be trained on the District’s student threat assessment protocol before conducting a threat assessment. A school counselor or school social worker may conduct a student threat assessment only when directed by an administrator. 

An administrator who receives information that a student has made a threat must begin an investigation under subsection 14.4. A student threat assessment may be assigned as part of the administrator’s investigation, but the student threat assessment does not replace the investigation. Likewise, the student threat assessment does not take the place of any discipline procedures outlined in this policy. Instead, the student threat assessment provides information to the administrator to assist in determining an appropriate response to the threat.