DAR File No. 41647

Education, Administration

Section R277-474-3

General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 41647
Filed: 05/15/2017 04:16:23 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended in response to S.B. 196 from the 2017 General Session that repeals language prohibiting the advocacy of homosexuality in health instruction and provides language that prohibits instruction that advocates premarital or extramarital sexual activity.

Summary of the rule or change:

The amendments to Section R277-474-3 removes language in the rule that prohibits advocacy of homosexuality in health education and adds language in the rule that prohibits instruction that advocates premarital or extramarital sexual activity consistent with S.B. 196 (2017).

Statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Art X, Sec 3
• Subsection 53A-13-101(1)(c)(ii)(B)

Anticipated cost or savings to:

the state budget:

There will be some increased costs incurred by the Board as a result of changes to the General Core in health instruction. Any costs and responsibilities associated with implementation of this rule and changes to the General Core will be absorbed within existing budgets and with existing staff.

local governments:

There may be some increased costs incurred by school districts and charter schools as a result of changes to the General Core in health instruction. Any costs and responsibilities associated with implementation of this rule and changes to the General Core will be absorbed within existing budgets and with existing staff.

small businesses:

Changes to this rule affect the Utah Board of Education (Board) as it will need to amend the General Core to be consistent with state law. There are likely no costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Changes to this rule affect the Board as it will need to amend the General Core to be consistent with state law. There are likely no costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Changes to this rule affect the Board as it will need to amend the General Core to be consistent with state law. There are likely no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new language.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-474. School Instruction and Human Sexuality.

R277-474-3. General Provisions.

A. The following may not be taught in Utah public schools through the use of instructional materials, direct instruction, or online instruction:

(1) the intricacies of intercourse, sexual stimulation or erotic behavior;

(2) the advocacy of [homosexuality]premarital or extramarital sexual activity; or

(3) the advocacy or encouragement of the use of contraceptive methods or devices[; or

(4) the advocacy of sexual activity outside of marriage].

B. Educators are responsible to teach the values and information identified under Section 53A-13-101(4).

C. Utah educators shall follow all provisions of federal and state law including parent/guardian notification and prior written parental consent requirements under Sections 76-7-322 and 76-7-323 in teaching any aspect of human sexuality.

[D. Course materials and instruction shall be free from religious, racial, ethnic, and gender bias.]

 

KEY: schools, sex education

Date of Enactment or Last Substantive Amendment: [June 8, 2015]2017

Notice of Continuation: May 1, 2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-13-101(1)(c)(ii)(B); 53A-1-401(3)