Current through the 2024 Fourth Special Session
Section 53G-7-802 - Uniforms in schools - Legislative finding - Policies(1) The Legislature finds that: (a) each student should be allowed to learn in a safe environment which fosters the learning process and is free from unnecessary disruptions;(b) the wearing of certain types of clothing may identify students as members of youth gangs and contribute to disruptive behavior and violence in the schools;(c) school uniform policies may be part of an overall program to: (i) improve school safety and discipline; and(ii) help avoid the disruption of the classroom atmosphere and decorum and prevent disturbances among students; and(d) school uniforms may:(i) decrease violence and theft among students; and(ii) foster and promote desirable school operating conditions and a positive educational environment in accordance with this part.(2)(a) In accordance with Section 53G-7-803, a school may adopt a school uniform policy that requires students enrolled at that school to wear a designated school uniform during the school day.(b) Except as provided in Subsection (4)(b), a school uniform policy may not require clothing that is prescriptive or expensive.(3) A school uniform policy shall: (a) protect students' free exercise of religious beliefs;(b) specify whether the uniform policy is voluntary or mandatory for students;(c) specify whether or not the uniform policy has an opt-out provision in addition to the provisions under Subsection (5); and(d) include a provision for financial assistance to families who cannot afford to purchase a required uniform, which may include:(i) the school providing school uniforms to students;(ii) the school making used school uniforms available to students; or(iii) other programs to make school uniforms available to economically disadvantaged students.(4)(a) Except as provided in Subsection (4)(b), a school uniform policy under this part is not considered a fee for either an elementary or a secondary school.(b)(i) Subject to Subsection (4)(b)(ii), a secondary school may adopt a school uniform policy that requires clothing that is expensive or prescriptive.(ii) A school uniform policy described in Subsection (4)(b)(i) is considered a fee, as defined in Section 53G-7-501, and is subject to Part 5, Student Fees.(5) A school uniform policy shall include a provision allowing a principal at any time during the school year to grant an exemption from wearing a school uniform to a student because of extenuating circumstances.(6)(a) If a school adopts a school uniform policy under this part, that school's governing body or local school board shall adopt local appellate procedures for school actions under this part, including a denial of an exemption requested under Subsection (5).(b) A person may seek judicial review of an action under this part only after exhausting the remedies provided under this Subsection (6).Amended by Chapter 223, 2019 General Session ,§ 14, eff. 7/1/2019.Renumbered from § 53A-15-1102 and amended by Chapter 3, 2018 General Session ,§ 226, eff. 1/24/2018.Enacted by Chapter 190, 2006 General Session.