Education
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Utah School Suspension and Expulsion: What the Law Says and What Parents Can Do

General information, not legal advice. Read the full disclaimer.

Short answer: In Utah public schools, a principal or assistant principal can be authorized to suspend a student for up to 10 school days; a longer suspension (up to a school year) is for the school board or a delegate. When a student is suspended, a school official must tell the parent without delay the grounds, the length of the suspension and the time and place to meet with a school official to review it (Utah Code § 53G-8-206). The student generally can't return until the student and parent have met and agreed on a plan to avoid recurrence (or the principal waives that), and a suspension can't extend beyond 10 school days unless the student and parent have had a reasonable opportunity to meet with a school official and respond to the allegations and the proposed discipline. A student who commits certain violations involving a real weapon, explosive or flammable material must be expelled for at least one year, subject to a review that can shorten the term (§ 53G-8-205(2)(b)).

Who this guide is for

Parents and students facing a suspension or expulsion from a Utah public (district or charter) school. This guide summarizes the statutes; your school district's policies add details, and students with disabilities have extra federal protections. It isn't legal advice.

When can a student be suspended or expelled? (§ 53G-8-205)

May be suspended or expelled for, among other things:

  • frequent or flagrant willful disobedience, defiance of authority or disruptive behavior;
  • willful destruction of school property;
  • behavior or threats that pose an immediate and significant threat to others or the school's operation;
  • possession or use of alcohol or pornographic material on school property;
  • specified conduct that threatens or causes harm to the school or a person associated with it, even off campus.

Must be suspended or expelled for:

  • a serious violation affecting another student or staff, or occurring on school property or at a school activity — such as possessing or threatening to use a real weapon, explosive, or noxious or flammable material, actual violence or sexual misconduct, threatening with a look-alike weapon with intent to intimidate or disrupt, or selling or distributing drugs;
  • an act involving force or threatened force that would be a felony or class A misdemeanor if committed by an adult; or
  • a false emergency report at a school.

Weapon, explosive or flammable-material violations carry at least a one-year expulsion, but within 45 days the student and parent must meet with the superintendent (or designee), who sets conditions for return, can place the student on probation, and can modify the term to less than a year if it's in the best interest of the LEA and the student, subject to board approval (§ 53G-8-205(2)(b)).

Who can suspend, and for how long? (§ 53G-8-206)

  • Principal or assistant principal (if delegated): up to 10 school days.
  • School board or charter board (or superintendent/designee if delegated): up to one school year.
  • Expulsion: a fixed or indefinite period, reviewed at least once each year.

Your rights as a parent

  1. Notice without delay: that the student was suspended, the grounds, the length, and the time and place for a meeting to review it.
  2. A meeting to review the suspension; the student generally can't return until you've met and agreed on a plan (unless the principal waives).
  3. A chance to respond before a suspension goes beyond 10 school days.
  4. Alternatives: for repeated disobedience or disruption that isn't violent or extreme, the school must try good-faith remedial discipline plans first, and policies must allow alternatives such as in-school suspension or a parent attending class with the student (§ 53G-8-207).
  5. Disruptive-behavior notices: schools must have a process for a qualifying minor (age 9 or older) or parent to contest a notice of disruptive student behavior, and counseling and resource lists (§ 53G-8-210).
  6. Education during long suspensions: for suspensions or expulsions over 10 school days, the parent is responsible for an alternative education plan worked out with school officials; costs not provided by the district or charter are the parent's responsibility. The school must contact the parent each month if the student is under 16 (§ 53G-8-208).
  7. Records: the suspension is recorded in the student's cumulative folder.

Students with disabilities

The statute applies to students with disabilities only to the extent allowed by federal law (§ 53G-8-208(5)). Under IDEA, removals beyond certain limits trigger additional protections, including a review of whether the behavior was a manifestation of the disability. See Special Education in Utah: IEP Rights.

What to do

  1. Get the notice in writing and note the dates.
  2. Attend the review meeting; bring your questions and evidence.
  3. Ask for the district policy and the evidence behind the discipline.
  4. Ask about alternatives and a plan to return.
  5. If police are involved, talk to a lawyer before your child gives statements. See Utah Juvenile Court for Parents and Understanding Miranda Rights.
  6. Get help: see How to Find Free or Low-Cost Legal Help in Utah.

Frequently asked questions

How long can a Utah principal suspend my child?

Up to 10 school days if the school board delegated the power to the principal or assistant principal.

Can my child go back right after a suspension?

Not until you and your child meet with a school official and agree on a plan, unless the principal agrees otherwise.

Does the school have to try anything before suspending for misbehavior?

For repeated disobedience or disruption that isn't violent or extreme, schools must make good-faith efforts at a remedial plan.

What if my child brought a weapon to school?

The law requires an expulsion of at least one year, subject to a review that can modify it.