Education, Administration

Rule R277-475

Patriotic, Civic and Character Education

Notice of Proposed Rule

(Amendment)

DAR File No.: 36663
Filed: 08/15/2012 07:26:04 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to modify requirements for reciting the Pledge of Allegiance in public schools consistent with S.B. 223, 2012 General Session.

Summary of the rule or change:

In Section R277-475-4, language regarding specific instruction in patriotic education is removed and new language providing for a model curriculum is inserted. In Section R277-475-5, language is changed providing that students in all public schools, not just elementary schools, recite the Pledge and provides language for students to opt out of participating. New sections on parent responsibilities and civic engagement are also provided.

State statutory or constitutional authorization for this rule:

• Section 53A-13-101.6
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Existing Utah State Office of Education staff within existing budgets, under the direction of the Utah State Board of Education, will provide a model curriculum.

local governments:

There is no anticipated cost or savings to local government. Public secondary school students are now included in the requirement to recite the Pledge of Allegience daily. Secondary schools must provide time for that requirement.

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 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. The time to participate in reciting the Pledge of Allegiance is the only way in which students and teachers will be affected. That does not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. It is expected that all public school staff and students will participate and comply with the requirements of the state law and this rule, but there is no direct cost for compliance.

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:

10/01/2012

This rule may become effective on:

10/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-475. Patriotic, Civic and Character Education.

R277-475-1. Definitions.

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

B. "Character education" means reaffirming values and qualities of character which promote an upright and desirable citizenry.

C. "Civic education" means the cultivation of informed, responsible participation in political life by competent citizens committed to the fundamental values and principles of representative democracy in Utah and the United States.

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. "Patriotic" means having love of and dedication to one's country.

[E]F. "Patriotic education" means the educational and systematic process to help students identify, acquire, and act upon a dedication to one's country.

 

R277-475-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board, by Section 53A-13-101.6 which directs the Board to provide a rule for a program of instruction within the public schools relating to the flag of the United States, and by 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 [specify standards]provide direction for patriotic education programs in the public schools.

 

R277-475-3. Patriotic Education.

Patriotic education shall be included and primarily taught in the social studies curricula of kindergarten through grade twelve. All educators shall have responsibility for patriotic, civic and character education taught in an integrated school curriculum and in the regular course of school work.

 

R277-475-4. [Subject Matter]School Responsibilities and Required Instruction.

A. Patriotic, civic and character education programs shall meet the requirements of Sections 53A-13-101.4, 53A-13-101.6, and 53A-13-109.

B. Students shall be taught the history of the flag, etiquette, customs pertaining to the display and use of the flag, and other patriotic exercises [as provided in Sections 36 U.S.C. 170 to 177]consistent with Section 53A-13-101.6(2).

C. The school shall provide the setting and opportunities to teach by example and role modeling[ the following] patriotic values associated with the flag of the United States[:

(1) the history of the flag;

(2) etiquette surrounding the use of the flag;

(3) customs pertaining to the display and use of the flag;

(4) the Pledge of Allegiance;

(5) etiquette surrounding the Pledge of Allegiance;

(6) that each individual has the right to personal liberties associated with the flag so long as the rights of others are not violated; and

(7) that individuals shall have freedom to exercise their values as they relate to the flag of the United States consistent with the law].

D. The USOE shall, under the direction of the Board, provide a model curriculum for both elementary age students and secondary students about the flag and patriotic exercises.

[D]E. Instruction in United States history and government shall include:

(1) a study of forms of government including:

(a) a republic;

(b) a pure democracy;

(c) a monarchy; and

(d) an oligarchy.

(2) political philosophies and economic systems including:

(a) socialism;

(b) individualism; and

(c) free market capitalism.

(3) the United States' form of government, a compound constitutional republic.

 

R277-475-5. [Methods]Requirements.

A. Education about the flag and the Pledge of Allegiance to the Flag shall be taught and modeled following the plan of the social studies Core Curriculum in grades kindergarten through six.

B. The Pledge of Allegiance to the Flag shall be recited by students at the beginning of [the]each school day in each [elementary public school in the state.

C. Local school boards are encouraged to provide for the reciting of the Pledge of Allegiance to the Flag at least once a week at the beginning of the school day in secondary schools]public school classroom in the state, consistent with Section 53A-13-101.6(5).

C. At least once a year students shall be instructed that:

(1) participation in the Pledge of Allegiance is voluntary and not compulsory;

(2) it is acceptable for an individual to choose not to participate in the Pledge of Allegiance for religious or other reasons; and

(3) students should show respect for individuals who participate and individuals who choose not to participate.

D. A public school teacher shall strive to maintain an atmosphere among students in the classroom that is consistent with the principles described in R277-475-C.

[ D. Students and parents shall be adequately notified of lawful exemptions to the requirement to participate in reciting the Pledge.

E. A student shall be excused from reciting the Pledge upon written request to the school from the student's parent or legal guardian.

F. Consistent with Section 53A-13-101.4(6), public schools shall display IN GOD WE TRUST, the national motto of the United States, in one or more prominent places in each school building.

G. Civic and character education shall be achieved through an integrated school curriculum and in the regular course of school work.

H. Instruction in United States history and government shall be taught consistent with the Utah social studies core curriculum.

]

R277-475-6. Parental Responsibilities.

A. Students and parents shall be adequately notified by LEAs of lawful exemptions to the requirement to participate in reciting the Pledge.

B. If a student requests to be excused from reciting the Pledge, a school may require an annual written request from the student's parent or legal guardian.

 

R277-475-7. Civic Engagement.

A. Consistent with Section 53A-13-101.4(6), public schools shall display IN GOD WE TRUST, the national motto of the United States, in one or more prominent places in each school building.

B. Civic and character education shall be achieved through an integrated school curriculum and in the regular course of school work.

C. Instruction in United States history and government shall be taught consistent with the Utah social studies core curriculum and Section 53A-13-101.4.

D. Consistent with available resources, LEAs shall make information about the flag, respect for the flag and civility toward all during patriotic activities available on the LEA websites.

 

R277-475-[6]8. Reporting Requirements.

A. The Board shall submit a report to the Education Interim Committee consistent with Section 53A-13-109([6]7).

B. Each school district and the State Charter School Board shall submit a report to the Lieutenant Governor and the Commission on Civic and Character Education consistent with Section 53A-13-109(6).

 

KEY: curricula, patriotic education, civic education, character education

Date of Enactment or Last Substantive Amendment: [July 11, 2011]2012

Notice of Continuation: July 1, 2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-13-101.6; 53A-1-401(3)