Education, Administration

Rule R277-714

Dissemination of Information About Juvenile Offenders

Notice of Proposed Rule

(Amendment)

DAR File No.: 35681
Filed: 01/17/2012 07:36:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update terminology based on a meeting with the Utah Coordinating Council of Youth in Custody and Utah State Office of Education staff.

Summary of the rule or change:

Terminology is updated throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes are updated terminology only which do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The changes are updated terminology only which do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does 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 are updated terminology only which do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes are updated terminology only which do not result in 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:

03/02/2012

This rule may become effective on:

03/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-714. Dissemination of Information About Juvenile Offenders.

R277-714-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "FERPA" means the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, a federal law designed to protect the privacy of students' education records. The law is hereby incorporated by reference.

C. "GRAMA" means the Government Records Access and Management Act, Title 63G, Chapter 2, a Utah law designed to govern access to and control of government records.

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

[D]E. "Superintendent" means the State Superintendent of Public Instruction.

 

R277-714-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision over public schools in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and Section 53A-11-1003 which directs the Board to adopt rules governing the dissemination of information about [violent] juvenile offenders in the public schools.

B. The purpose of this rule is to provide procedures for [school districts]LEAs to follow in notifying school personnel of [violent] offenders in their schools and for protecting the confidentiality of the information.

 

R277-714-3. Dissemination of Information.

A. The dissemination of any information about students [between]among agencies and [among district superintendents and schools]LEAs shall be consistent with FERPA and GRAMA, including applicable time periods and protection of [private]confidential information.

B. Each [school district]LEA shall establish by written policy which staff members have authority to receive [private]confidential information about students, depending upon the offense and the circumstances. This policy shall be approved by the [local board of education]LEA and available to parents and students upon request.

C. A dispute regarding the dissemination of information shall be decided in favor of a student's rights to privacy, except in the event of apparent imminent danger to persons or property.

 

KEY: public education, dissemination of information, juvenile offenders

Date of Enactment or Last Substantive Amendment: [1994]2012

Notice of Continuation: September 3, 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11-1003