Education, Administration

Rule R277-112

Prohibiting Discrimination in the Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 36769
Filed: 09/14/2012 10:26:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update standards and documents incorporated by reference that prohibit discrimination in the public schools.

Summary of the rule or change:

The changes add the Individuals with Disabilities Education Improvement Act of 2004, 20 USC 1400, Section 5 of the Americans with Disabilities Act Amendments of 2008, and State Board of Education Special Education Rules, August 2007, to the list of standards in the existing rule.

State statutory or constitutional authorization for this rule:

• Article X, Section 3

This rule or change incorporates by reference the following material:

• Adds Special Education Rules, published by Utah State Office of Education, August 2007
• Adds 20 CFR 1400, published by US Government Printing Office, 2004
• Adds 42 CFR 12101, published by US Government Printing Office, 2008

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The amendments to this rule update standards that are incorporated by reference which do not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. The amendments to this rule update standards that are incorporated by reference which do not result in a cost or savings.

small businesses:

There is no anticipated cost 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 is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The amendments to this rule update standards that are incorporated by reference which do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments to this rule update standards that are incorporated by reference in which compliance costs are not affected.

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:

10/31/2012

This rule may become effective on:

11/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-112. Prohibiting Discrimination in the Public Schools.

R277-112-1. Definitions.

"Board" means the Utah State Board of Education.

 

R277-112-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public education system in the Board.

B. The purpose of this rule is to establish standards prohibiting discrimination in the public school system, specifically in programs under the supervision of the Board.

 

R277-112-3. Standards.

A. The Board does not advocate, permit, or practice discrimination on the basis of race, creed, color, national origin, religion, age, sex, or disability. This rule incorporates by reference the following:

(1) the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C., 1400;

(2) State Board of Education Special Education Rules, August 2007;

([1]3) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability in programs and activities receiving Federal financial assistance;

(4) Section 5 of the Americans with Disabilities Act Amendments of 2008, which prohibits discrimination on the basis of disability.

([2]5) Title IV of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000c et seq., which provides standards and training for educators relative to the desegregation of schools receiving Federal financial assistance;

([3]6) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance;

([4]7) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., which prohibits discrimination in employment based on race, color, religion, sex, or national origin in programs and activities receiving Federal financial assistance;

([5]8) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving Federal financial assistance;

([6]9) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq., which prohibits discrimination on the basis of race, color, religion, sex, or national origin, and also prohibits discrimination against an individual because of his or her association with another individual of a particular race, color, religion, sex, or national origin. Title VII also covers types of wage discrimination not covered by the Equal Pay Act;

([7]10) Equal Pay Act of 1963, 29 U.S.C. 206 et. seq., as amended in the Fair Labor Standards Act, which prohibits sex discrimination in pay under an equal work standard;

([8]11) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance;

B. The Board shall take action consistent with:

(1) all regulations, guidelines, and standards lawfully adopted under the statutes named in R277-112-3A(1) through R277-112-3A(8) and effective as of October 11, 2011;

(2) all state laws prohibiting discrimination on the basis of race, creed, color, national origin, religion, age, sex, or disability and effective as of October 11, 2011.

C. All programs, activities, schools, institutions, and local education agencies under the general control and supervision of the Board shall adopt policies and rules prohibiting discrimination on the basis of race, creed, color, national origin, religion, age, sex, or disability.

 

KEY: educational policy, civil rights

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

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3