Education, Administration

Rule R277-495

Required Policies for Electronic Devices in Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 34821
Filed: 05/16/2011 06:40:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide language that references Rules R277-609 and R277-613 and includes changes in response to S.B. 304, 2011 General Session. (DAR NOTE: S.B. 304 (2011) was effective 05/10/2011. The proposed amendment to Rule R277-609 is under DAR No. 34824 and the amendment to Rule R277-613 is under DAR No. 34825 in this issue, June 1, 2011, of the Bulletin.)

Summary of the rule or change:

The amendments provide references to Rules R277-609 and R277-613 in Sections R277-495-4 and 5 of the rule in response to S.B. 304 (2011) amendments.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-11-901(2)(c)(i)
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments reference two other rules and require minor amendments to existing language. Changes do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The amendments which add specific words and phrases do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the amendments to the rule apply to public education and do not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments reference two other rules which do not affect individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments reference two other rules and add specific language per S.B. 304 (2011) which do not result in any compliance cost.

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

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

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

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

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-495. Required Policies for Electronic Devices in Public Schools.

R277-495-4. Policy Requirements.

A. Local policies shall include the following;

(1) scope of coverage of the policy, including clear rules for school premises, school hours, school activities, after school activities, school sponsored activities at remote sites, vehicles transporting students to and from school activities.

(2) definitions of devices covered by policy;

(3) prohibitions against use of electronic devices during Utah Performance Assessment System for Students (U-PASS) assessments unless specifically allowed by statute, regulation, student IEP, or assessment directions;

(4) clear information about restrictions, if any, on when or where possession of electronic devices, active or deactivated, are strictly prohibited or allowed, such as the use of an electronic calculator by a student consistent with a current and valid IEP, as determined by the school district/school;

(5) prohibitions on the use of electronic devices in a way that [threatens]bullies, humiliates, harasses, or intimidates school-related individuals, including students, employees, and invitees, consistent with R277-609 and R277-613, or violates local, state, or federal laws; and

(6) procedures, if any, and due process, for the confiscation and recovery of electronic devices used in violation of local policies.

B. Local policies may also include the following:

(1) prohibitions or restrictions on unauthorized audio recordings, capture of images, transmissions of recordings or images, or invasions of reasonable expectations of student and employee privacy;

(2) procedures to report the misuse of electronic devices;

(3) potential disciplinary actions toward students or employees or both for violation of local policies regarding the use of electronic devices;

(4) exceptions to the policy for special circumstances, health-related reasons and emergencies, if any;

(5) strategies for use of technology that enhance instruction; and

(6) directives, protections, and requirements, if any, for school employees or invitees, or both.

C. The USOE shall receive an annual assurance from the school district or charter school governing board as required under R277-108 that the local board has presented and implemented an electronic device policy consistent with the timelines and provisions of this rule.

D. School districts or traditional school and charter schools shall post their duly enacted electronic device policies on their district or school websites.

 

R277-495-5. USOE Responsibilities.

A. The USOE shall provide resources, upon request, for school districts and schools as they develop electronic device policies, including sources for successful policies, assistance with reviewing draft policies, and information about bullying, harassing, and discrimination via electronic devices consistent with R277-609 and R277-613.

B. The USOE shall develop a model policy or a policy framework to assist school districts and individual schools in developing and implementing their policies.

C. The USOE shall promote the use of effective strategies to enhance instruction and professional development through technology.

D. The USOE shall ensure that parents and school employees are involved in the development and implementation of policies.

E. The USOE shall work and cooperate with other education entities, such as the PTA, the Utah School Boards Association, the Utah Education Association, the State Charter School Board and the Utah High School Activities Association to provide consistent information to parents and community members about electronic device policies and to provide for appropriate and consistent penalties for violation of policies, including violations that take place at public school extracurricular and athletic events.

 

KEY: electronic devices, policy

Date of Enactment or Last Substantive Amendment: [January 7, 2009]2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11-901(2)(c)(i)