Uniforms in schools -- Legislative finding -- Policies.
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(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).