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).