Education, Administration

Rule R277-400

School Emergency Response Plans

Notice of Proposed Rule

(Amendment)

DAR File No.: 36599
Filed: 08/01/2012 03:30:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to reflect changes in Rule R710-4, Buildings Under the Jurisdiction of the State Fire Board, as in effect on 05/01/2012 which allows for certain monthly required emergency evacuation (fire) drills for elementary schools to be substituted with specific other emergency drills, and reduces the timeframe in which the first fire drill must be conducted each school year for both elementary and secondary schools. The changes also provide updated terminology to make the definition in this rule consistent with the definition in other Utah State Board of Education rules.

Summary of the rule or change:

New language is provided in Section R277-400-6 for emergency preparedness training consistent with Rule R710-4 and updated terminology is provided 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 is no anticipated cost or savings to the state budget. New language allowing for greater flexibility for emergency preparedness training and updated terminology do not result in a cost or savings.

local governments:

Because the timeframe for the first fire drill in both elementary and secondary schools is reduced from two weeks to 10 days, it is possible that the local fire authority may need to employ temporary staff to accommodate the needs of all schools within its jurisdiction and costs for additional staff could be assessed to schools. It is too speculative at this time to determine if that will happen. Additionally, costs may vary with each fire authority.

small businesses:

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

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Costs, if any, would be assessed to schools.

Compliance costs for affected persons:

There could be compliance costs for affected persons. If a school does not notify the local fire authority prior to a required fire drill and the alarm is sounded, a local fire authority may assess the cost of responding to the school.

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 [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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-400. School Emergency Response Plans.

R277-400-1. Definitions.

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

B. "Emergency" means a natural or man-made disaster, accident, act of war, or other circumstance which could reasonably endanger the safety of school children or disrupt the operation of the school.

C. "Emergency Preparedness Plan" means policies and procedures developed to promote the safety and welfare of students, protect school property, or regulate the operation of schools during an emergency occurring within a school district or a school.

D. "Emergency Response Plan" means a plan developed by a school district or school to prepare and protect students and staff in the event of school violence emergencies.

E. "LEA" means 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.

 

R277-400-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X Section 3 which vests general control and supervision of public education in the Board, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and school districts in the event of natural disasters or school violence emergencies. This rule also directs [school districts and charter schools]LEAs to develop prevention, intervention, and response measures and to prepare staff and students to respond promptly and appropriately to school violence emergencies.

 

R277-400-3. Establishing School District Emergency Preparedness and Emergency Response Plans.

A. By July 1 of each year, each [local board of education/local charter school board]LEA shall certify to the Board that the LEA emergency preparedness and emergency response[its] plan has been practiced at the school level, presented to and reviewed by its teachers, administrators, students and their parents, local law enforcement, and public safety representatives consistent with Section 53A-3-402(18).

B. As a part of an [local board of education's/local charter school board's]LEA's annual application for state or federal Safe and Drug Free School funds, the [local board of education/local charter school board]LEA shall reference its Emergency Response plan.

C. The plan(s) shall be designed to meet individual school needs and features. A school district may direct schools within the school district to develop and implement individual plans.

D. The [local board of education/local charter school board]LEA shall appoint a committee to prepare plan(s) or modify existing plan(s) to satisfy this rule. The committee shall consist of appropriate school and community representatives which may include school and school district administrators, teachers, parents, community and municipal governmental officers, and fire and law enforcement personnel. Governmental agencies and bodies vested with responsibility for directing and coordinating emergency services on local and state levels shall be included on the committee.

E. The [local board of education/local charter school board]LEA shall appoint appropriate persons at least once every three years to review the plan(s).

F. The Board shall develop Emergency Response plan models under Section 53A-3-402(18)(d).

 

R277-400-4. Notice and Preparation.

A. A copy of the plan(s) for each school within a school district shall be filed in the [school district]LEA superintendent's or charter school director's office.[ A charter school plan shall be maintained by the local charter school board.]

B. At the beginning of each school year, parents and staff shall receive a written notice of relevant sections of school district and school plans which are applicable to that school.

C. Each school shall designate an Emergency Preparedness/Emergency Response week prior to April 30 of each school year. Community, student, teacher awareness, or training, such as those outlined in R277-400-7 and 8, would be appropriate activities offered during the week.

 

R277-400-5. Plan(s) Content--Educational Services and Student Supervision.

The plan shall contain measures which assure that, during an emergency, school children receive reasonably adequate educational services and supervision during school hours.

A. Evacuation procedures shall assure reasonable care and supervision of children until responsibility has been affirmatively assumed by another responsible party.

B. Release of a child below ninth grade at other than regularly scheduled hours is prohibited unless the parent or another responsible person has been notified and has assumed responsibility for the child. An older child may be released without such notification if a school official determines that the child is reasonably responsible and notification is not practicable.

C. [School districts and charter schools]LEAs shall, to the extent reasonably possible, provide educational services to school children whose regular school program has been disrupted by an extended emergency.

 

R277-400-6. Emergency Preparedness Training.

The plan shall contain measures which assure that school children receive emergency preparedness training.

A. School children shall be provided with training appropriate to their ages in rescue techniques, first aid, safety measures appropriate for specific emergencies, and other emergency skills.

B. Fire drills:

(1) During each school year, elementary schools shall conduct fire drills at least once each month during school sessions.

(2) A fire drill in secondary schools shall be conducted at least every two months, for a total of four fire drills during the nine month school year.

(3) The first fire drill shall be conducted within the first [two weeks]10 days of the school year for both elementary and secondary schools.[ An exception may be made, subject to the approval of the local fire chief, to postpone a fire drill due to severe weather conditions.]

(4) Required emergency evacuation drills may be substituted every other time by a security or safety drill to include:

(a) shelter in place;

(b) earthquake drill; or

(c) lock down for violence.

(5) The routine emergency evacuation drill, for fire, shall be conducted at least every other evacuation drill.

([2]6) Fire drills shall include the complete evacuation of all persons from the school building or portion thereof used for educational purposes. An exception may be made for the staff member responsible for notifying the local fire department and handling emergency communications.

([3]7) When required by the local fire chief, the local fire department shall be notified prior to each drill.

([4]8) When a fire alarm system is provided, fire drills shall be initiated by activation of the fire alarm system.

C. Schools shall hold at least one drill for other emergencies during the school year.

D. Schools that include both elementary and secondary grades in the school shall comply, at a minimum, with the elementary emergency drill requirements.

[D]E. Resources and materials available for training shall be identified in the plan.

 

R277-400-7. Emergency Response Training.

A. Each [school district and local charter school board]LEA shall provide an annual training for school district and school building staff on employees roles, responsibilities and priorities in the emergency response plan.

B. [School districts and local charter school boards]LEAs shall require schools to conduct at least one annual drill for school violence emergencies.

C. [School districts and local charter school boards]LEAs shall require schools to review existing security measures and procedures within their schools and make adjustments as needs demonstrate and funds are available.

D. [School districts and local charter school boards]LEAs shall develop standards and protections to the extent practicable for participants and attendees at school-related activities, with special attention to those off school property.

E. School districts and schools shall coordinate with local law enforcement and other public safety representatives in appropriate drills for school safety emergencies.

 

R277-400-8. Prevention and Intervention.

A. [School districts and local charter school boards]LEAs shall provide schools, as part of their regular curriculum, comprehensive violence prevention and intervention strategies such as resource lessons and materials on anger management, conflict resolution, and respect for diversity and other cultures.

B. As part of the violence prevention and intervention strategies, schools may provide age-appropriate instruction on firearm safety (not use) including appropriate steps to take if a student sees a firearm or facsimile in school.

C. [School districts and local charter school boards]LEAs shall also develop, to the extent resources permit, student assistance programs such as care teams, school intervention programs, and interagency case management teams.

D. In developing student assistance programs, [school districts and local charter school boards]LEAs are encouraged to coordinate with and seek support from other state agencies and the Utah State Office of Education.

 

R277-400-9. Cooperation With Governmental Entities.

A. As appropriate, a n [local board of education or local charter school board]LEA may enter into cooperative agreements with other governmental entities to assure proper coordination and support during emergencies.

B. [School districts and local charter school boards]LEAs shall cooperate with other governmental entities, as reasonably feasible, to provide emergency relief services. The plan(s) shall contain procedures for assessing and providing school facilities, equipment, and personnel to meet public emergency needs.

C. The plan(s) developed under R277-400-5 shall delineate communication channels and lines of authority within the [school district, charter school]LEA, city, county, and state.

(1) the Board, through its superintendent, is the chief officer for emergencies involving more than one [school district, charter school]LEA, or for state or federal [aid]assistance;

(2) the local board, through its superintendent, is the chief officer for school district emergencies;

(3) the local charter school board through its director is the chief officer for local charter school emergencies;

[ (4) direction and control of emergency operations shall be exercised by the executive heads of government and school districts and charter schools. Local governments, school districts, and charter schools retain their autonomy and identity throughout all levels of emergency operations;

(5) personnel and resources received from outside sources shall be incorporated into the structure of the local government, school district, and charter school.

] (4) In the event of an emergency, school personnel shall maintain control of public school students and facilities during the regular school day or until students are released to a parent or legal guardian.

 

R277-400-10. Fiscal Procedures.

The plan(s) under R277-400-5 shall address procedures for recording [school district or charter school]LEA funds expected for emergencies, for assessing and repairing damage, and for seeking reimbursement for emergency expenditures.

 

KEY: emergency preparedness, disasters, safety, safety education

Date of Enactment or Last Substantive Amendment: [February 22, 2011]2012

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(b)