DAR File No. 37414

Education, Administration

Rule R277-610

Released-Time Classes

Notice of Proposed Rule

(Amendment)

DAR File No.: 37414
Filed: 03/15/2013 12:56:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide appropriate flexibility and interaction between public schools and released-time programs. Courts, in recent years, have taken a more accommodating approach to public schools interacting with religious programs and instruction.

Summary of the rule or change:

Language in the rule is changed to provide appropriate flexibility for interaction between public schools and released-time programs.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The changes to the rule provide for greater flexibility for interaction between public schools and released-time programs.

local governments:

There is no anticipated cost or savings to local government. There is no anticipated cost or savings to the state budget. The changes to the rule provide for greater flexibility for interaction between public schools and released-time programs.

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 amendments apply to released-time programs and public school interaction.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes to the rule provide greater flexibility.

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.

Martell Menlove, 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:

05/01/2013

This rule may become effective on:

05/08/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-610. Released-Time Classes and Public Schools.

R277-610-1. Definitions.

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

B. "Non-entangling criteria" means neutral course instruction and standards that are academic not devotional; promote awareness not acceptance of any religion; expose not impose a particular view; educate about religion; and inform but not seek to make students conform to any religion.

C. "Released-time" means a period of time during the regular school day when a student attending a public school is excused from the school, at the request of the student's parent.

 

R277-610-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1) which directs the Board to adopt minimum standards for public schools, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify standards and procedures for public schools regarding released-time classes.

 

R277-610-3. [Standards and Procedures for]Interaction Between Public Schools and Released-Time Classes.

A. Students may attend released-time classes during the regular school day only upon the written request of the student's parent or legal guardian.

B. A public school shall not maintain records of attendance for released-time classes or use school personnel or school resources to regulate such attendance.

C. Teachers of released-time classes are not members of the public school faculty[ and shall not participate as faculty members in any school function]. Released-time teachers may participate in school activities as community members.

D. Public school teachers, administrators, or other officials shall not request teachers of released-time classes to exercise functions or assume responsibilities for the public school program which would result in a commingling of the activities of the two institutions.

E. [Schedules of classes for p]Public school[s]class schedules and course catalogs shall not include released-time classes by name. At the convenience of the school, registration forms may contain a space [indicating]for released-time designation.

F. Public school publications shall not include pictures, reports, or records of released-time classes.

G. Public school[equipment or] personnel shall not [be used in any manner to assist in the conduct of]participate in released-time classes. Released-time classes shall not use school resources or equipment.

 

R277-610-4. Additional Conditions for Religious Released-Time Programs.

A. Religious classes shall not be held in school buildings or on school property in any way that permits public money or property to be applied to, or that requires public employees to become entangled with, any religious worship, exercise, or instruction.

B. Religious released-time scheduling shall [be done]take place on forms and supplies furnished by the religious institution and by personnel employed or engaged by the institution and shall occur off [the premises of the ]public school premises.

C. There shall be [N]no connection of bells, telephones, computers or other devices[ shall be made] between public school buildings and institutions offering religious instruction except as a convenience to the public school in the operation of its own program s. When any connection of devices is permitted, the costs shall be borne by the respective institutions.

D. Records of attendance at religious released-time classes, grades, marks, or other data shall not be included in the correspondence or reports made by the public school to parents.

E. Institutions offering religious instruction are private programs or schools separate and apart from the public schools. Those relationships that are legitimately exercised between the public school and any private school are appropriate with institutions offering released-time classes, so long as public property, public funds, or other public resources are not used to aid such institutions.

F. Public schools may grant elective credit for religious released-time classes if the school district establishes neutral, non-entangling criteria with which to evaluate [the courses]all released-time courses.

 

KEY: released-time classes

Date of Enactment or Last Substantive Amendment: [November 8, 2011]2013

Notice of Continuation: March 12, 2013

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