Parent Student Handbook » Suspension or Expulsion; Authority to Suspend; Alternatives to Suspension and Expulsion; Parent or Guardian Responsibility for Student Suspended or Expelled

Suspension or Expulsion; Authority to Suspend; Alternatives to Suspension and Expulsion; Parent or Guardian Responsibility for Student Suspended or Expelled

Suspension or Expulsion:

A student may be suspended or expelled for the above minor and major offenses, in addition to any of the following reasons (see 53-11-904):
  • 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, use, of an alcoholic beverage,
  • behavior 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. 
A student shall be suspended or expelled for any of the following reasons:
  • any serious violation affecting another student or a staff member, or any serious violation occurring in a school building, in or on school property, or in conjunction with any school activity, including:
  • 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; or 
  • the sale, control, or distribution of a drug or controlled substance as defined in an imitation controlled substance, or drug paraphernalia;
  • or 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.
Any student discipline violation that leads to damage to the school and/or financial loss may require re-imbursement or other compensation by the parents or student. 
A student may be denied admission to Legacy on the basis of having been expelled from Legacy or any other school during the preceding 12 months.

Authority to Suspend: (See 53A-11-905)
  • The executive director or the school principal has the power to suspend a student for up to 10 school days.
  • The board may suspend a student for up to one school year or delegate that power to the executive director or his designee.
  • The board may expel a student for a fixed or indefinite period, provided that the expulsion shall be reviewed by the executive director or his designee and the conclusions reported to the board, at least once each year.
  • The parent or guardian of a suspended student and the designated school official may enlist the cooperation of the Division of Child and Family Services, the juvenile court, or other appropriate state agencies, if necessary, in dealing with the student's suspension.

Alternatives to Suspension and Expulsion: (See 53A-11-906)
Prior to suspending or expelling 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 required, good faith efforts shall be made to implement a remedial discipline plan that would allow the student to remain in school. Alternatives to out-of-school suspension may include allowing a student to remain in school under an in-school suspension program.
Parent or Guardian Responsibility for Student Suspended or Expelled: (See 53A-11-907)
If a student is suspended or expelled for more than 10 school days, the parent or guardian is responsible for undertaking an alternative education plan which will ensure that the student's education continues during the period of suspension or expulsion.