§ 53A-15-1103. Uniforms in schools -- Policy approval.

(1) The school uniform policy authorized in Section 53A-15-1102 may be adopted:

(a) for a charter school:

(i) by the governing body or administrator of the charter school in accordance with Subsection (2); or

(ii) by including the school uniform policy in the school's charter approved in accordance with Title 53A, Chapter 1a, Part 5, The Utah Charter Schools Act;

(b) for more than one school at the district level by a local school board in accordance with Subsection (2); or

(c) for a single school at the school level by the principal of the school in accordance with Subsection (2).

(2) A school uniform policy adopted by an election is subject to the following requirements:

(a) the adopting authority shall hold a public hearing on the matter prior to formal adoption of the school uniform policy;

(b)

(i) the adopting authority shall hold an election for approval of a school uniform policy prior to its adoption and shall receive an affirmative vote from a majority of those voting at the election; and

(ii) only parents and guardians of students subject to the proposed school uniform policy may vote at the election, limited to one vote per family.

(3)

(a) A local school board or principal is required to hold an election to consider adoption of a school uniform policy for an entire school district or an individual school if initiative petitions are presented as follows:

(i) for a school district, a petition signed by a parent or guardian of 20% of the district's students presented to the local school board; and

(ii) for an individual school, a petition signed by a parent or guardian of 20% of the school's students presented to the principal.

(b) The public hearing and election procedures required in Subsection (2) apply to Subsection (3).

(4)

(a) The procedures set forth in Subsections (3) and (4) shall apply to the discontinuance or modification of a school uniform policy adopted under this section.

(b) A vote to discontinue an adopted school uniform policy may not take place during the first year of its operation.

(5) The adopting authority shall establish the manner and time of an election required under this section.

Enacted by Chapter 190, 2006 General Session