Education, Administration

Rule R277-608

Prohibition of Corporal Punishment in Utah's Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 35454
Filed: 11/15/2011 05:48:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update definitions and terminology.

Summary of the rule or change:

The changes provide new definitions and update terminology throughout the rule.

State statutory or constitutional authorization for this rule:

• Art X Sec 3
• Subsection 53A-1-401(3)
• Sections 53A-11-801 through 805

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes update definitions and terminology only.

local governments:

There are no anticipated costs or savings to local government. The changes update definitions and terminology only and do require anything more of a local education agency than what was previously required.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the amendments 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 changes update definitions and terminology and do not require anything of individuals outside of the public schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes update terminology and do not change compliance costs.

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:

01/03/2012

This rule may become effective on:

01/10/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-608. Prohibition of Corporal Punishment in Utah's Public Schools.

R277-608-1. Definitions.

[A. This rule uses the definitions of 53A-11-801.

][B]A. "Board" means the Utah State Board of Education.

B. "Corporal punishment" means the intentional infliction of physical pain upon the body of a minor child as a disciplinary measure.

C. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and the Utah Schools for the Deaf and the Blind.

[C]D. "USOE" means the Utah State Office of Education.

 

R277-608-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests the general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities and Section s 53A-11-801 through 53A-11-805 which provide[s] guidelines for the use of reasonable and necessary physical restraint or force in educational settings.

B. The purpose of this rule is to [prohibit the use of corporal punishment in the public schools of Utah]direct LEAs to have policies in place that prohibit corporal punishment consistent with the law.

 

R277-608-3. Reporting Requirements.

A. Each [school district]LEA shall incorporate in the [district]LEA plan submitted to the USOE annually, the prohibition of corporal punishment consistent with the law.

B. A n [district]LEA policy shall incorporate a prohibition of corporal punishment consistent with the law, appropriate sanctions and appeal procedures for [district]LEA employees disciplined under this rule and the corresponding state statute.

 

R277-608-4. Special Education Exception(s) to this Rule.

[Districts]LEAs shall have in place, as part of their [district]LEA special education plans, procedures or manuals, criteria and procedures for using appropriate behavior reduction intervention in accordance with state and federal law.

 

KEY: students' rights, disciplinary problems, teachers

Date of Enactment or Last Substantive Amendment: [1992]2012

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11-801 through 805