Posts Tagged ‘school’

Utah School Laws

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Utah Law
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As many parents anticipate their kids’ return to school, here are just a few school laws that you should take note of.

Minors Required to Attend School

Photo: woodleywonderworks

As a general rule, the parent of a school-age minor shall enroll and send the school-age minor to a public or regularly established private school. According to the State of Utah, a school-age minor is a child under the age of 14. If the parent of a school-age child intentionally or recklessly fails to prevent the school-age child from being absent without a valid excuse five or more times during the remainder of the school year, that parent would be guilty of a class B misdemeanor.

Long-term Absence From School

If you want to have your school-age minor released from school for an extended period of time, you need to obtain pre-approval for that absence from your local school board.

Extra-Curricular Activities

You may choose to have your child attend a private school or home-school him yourself. That normally doesn’t prevent your child from being involved in public school activities. A minor who is enrolled in a private school or home school generally has the right to participate in the extra-curricular activities provided by the local school which the student would otherwise have attended, as long as the student meets the academic eligibility requirements normally applicable to a fully-enrolled public school student.

Immunizations

Unless exempted for personal, medical, or religious objections, students must have the appropriate certificate of immunization in order to enroll in and attend most any type of school within Utah.

Birth Certificate

Within 30 days of enrolling a student in a particular school, parents must provide the school with a certified copy of the child’s birth certificate or other proof of the student’s identity and age along with an affidavit explaining why a birth certificate was not available. You can obtain a certified copy of your child’s birth certificate from the health department of the county in which they were born.

Harassment at Utah Schools Prohibited

It’s not unusual for kids as young as elementary-age to have cell phones and access to computers. Sometimes that makes cyber-bullying and other types of harassment much easier. Parents should be aware that the following are prohibited by school employees and students at schools in Utah:

• Bullying;
• Cyber-bullying;
• Harassment;
• Hazing;
• Sexual battery; and
• Sexual exposure.

Victims of any of the above acts can seek legal resolution through criminal or civil law. Make sure that your kids know that they shouldn’t engage in bullying, harassment, etc., nor should they submit to the same. It’s important to keep an open dialogue available for your children so that they can feel comfortable reporting any illegal behavior to you and the appropriate authorities.

While some laws seem unnecessary, laws protecting children are generally in the best interests of the child. If you have questions about any of these school laws, particularly if you have been accused of a crime relating to these laws or believe a crime has occurred, don’t hesitate to inform law enforcement and seek legal advice from a Utah criminal defense attorney on behalf of you or your child.

School Strip Searches: Supreme Court says Illegal

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Constitutional Rights, Utah Crime News
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Photo: swissrolli

Fourth Amendment rights when they strip searched her to look for prescription-strength ibuprofen.  The Fourth Amendment protects citizens from unreasonable searches.  In this case, school officials ordered the student to take off her clothes and show them the inside of her underwear.

Although this didn’t happen in Utah, the Supreme Court’s ruling applies to all states.  Therefore, if your child is asked to remove his or her clothing by a school official, your child should refuse and immediately call you.  While school officials can strip search students if it is truly warranted, it is more than likely that a situation involving your child will not reach that level.  It is more likely that a school official is misusing their power.

If this situation occurs, or your child consents to a strip search at school without your permission, you should contact a qualified attorney as soon as possible to discuss your legal options.