Section 53G-8-210 - Disruptive student behavior(1) As used in this section:(a) "Disruptive student behavior" includes:(i) the grounds for suspension or expulsion described in Section 53G-8-205; and(ii) the conduct described in Subsection 53G-8-209(2)(b).(b) "Parent" includes: (i) a custodial parent of a school-age child;(ii) a legally appointed guardian of a school-age child; or(iii) any other person purporting to exercise any authority over the child which could be exercised by a person described in Subsection (1)(b)(i) or (ii).(c) "Qualifying minor" means a school-age child who:(i) is at least nine years old; or(ii) turns nine years old at any time during the school year.(d) "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.(e) "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 Section 53G-8-211 on a school-age child who violates this part.(3)(a) A local school board or charter school governing board shall: (i) authorize a school administrator or a designee of a school administrator to issue notices of disruptive student behavior to qualifying minors; and(ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to contest a notice of disruptive student behavior.(b) 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.(c) 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):(a) shall be issued to a qualifying minor who:(i) engages in disruptive student behavior, that does not result in suspension or expulsion, three times during the school year; or(ii) engages in disruptive student behavior, that results in suspension or expulsion, once during the school year;(b) shall require that the qualifying minor and a parent of the qualifying minor: (i) meet with school authorities to discuss the qualifying minor's disruptive student behavior; and(ii) cooperate with the local school board or charter school governing board in correcting the qualifying minor's disruptive student behavior; and(c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.(5) A habitual disruptive student behavior notice:(a) may only be issued to a qualifying minor who:(i) engages in disruptive student behavior, that does not result in suspension or expulsion, at least six times during the school year;(ii)(A) engages in disruptive student behavior, that does not result in suspension or expulsion, at least three times during the school year; and(B) engages in disruptive student behavior, that results in suspension or expulsion, at least once during the school year; or(iii) engages in disruptive student behavior, that results in suspension or expulsion, at least twice during the school year; and(b) 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) A qualifying minor to whom a habitual disruptive student behavior notice is issued under Subsection (5) may not be referred to the juvenile court.(b) Within five days after the day on which a habitual disruptive student behavior notice is issued, a representative of the school district or charter school shall provide documentation, to a parent of the qualifying minor who receives the notice, of the efforts made by a school counselor or representative under Subsection (3)(c).Amended by Chapter 20, 2020 General Session ,§ 8, eff. 5/12/2020.Amended by Chapter 293, 2019 General Session ,§ 159, eff. 5/14/2019.Renumbered from § 53A-11-910 and amended by Chapter 3, 2018 General Session ,§ 258, eff. 1/24/2018.Amended by Chapter 330, 2017 General Session ,§ 13, eff. 8/1/2017.Amended by Chapter 250, 2008 General Session.