DAR File No. 39493
This rule was published in the July 15, 2015, issue (Vol. 2015, No. 14) of the Utah State Bulletin.
Standards for LEA Discipline Plans
Notice of Proposed Rule
DAR File No.: 39493
Filed: 07/01/2015 11:39:18 AM
Purpose of the rule or reason for the change:
This rule is amended to provide protections for all Utah students regarding the use of emergency safety interventions by school personnel.
Summary of the rule or change:
The amendments to the rule provide: 1) new and updated definitions; and 2) procedures and criteria for local education agencies (LEAs) to develop, implement and monitor policies for the use of emergency safety interventions in all schools and for all students within each LEA's jurisdiction.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
- Article X, Section 3
- Section 53A-15-603
- Subsection 53A-1-402(1)(b)
- Section 53A-11-901
Anticipated cost or savings to:
the state budget:
The amendments to the rule provide procedures and criteria for LEAs to develop policies, which likely will not result in a cost or savings to the state.
The amendments to the rule provide procedures and criteria for LEAs to develop policies, which likely will not result in a cost or savings to local government.
The amendments to the rule provide procedures and criteria for LEAs to develop policies, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to the rule provide procedures and criteria for LEAs to develop policies, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
The new Section R277-609-8 in this rule permits the State Superintendent of Public Instruction to disrupt state aid or impose any other sanction authorized by law for an LEA not complying with this rule. It is anticipated that LEAs will comply with the requirements of this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.
Brad C. Smith, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-609. Standards for LEA Discipline Plans.
A. "Board" means the Utah State Board of Education.
B. "Discipline" [
(1) Imposed discipline: Code of conduct prescribed for the
highest welfare of the individual and of the society in which the
individual lives; and (2) Self-Discipline: A personal system of organized
behavior designed to promote self-interest while contributing to
the welfare of others.
] C. "Disruptive student behavior" includes:
(1) the grounds for suspension or expulsion described in Section 53A-11-904; and
(2) the conduct described in Section 53A-11-908(2)(b).
means a [ local education agency, including local school
boards/public ]school district[ s], charter school[ s, and]
, for purposes of this rule, the Utah Schools for the Deaf
and the Blind.
E]. "Plan" means a school district-wide and
school-wide written model for prevention and intervention for
student behavior management and discipline procedures for students[
who habitually disrupt school environments and
F]. "Policy" means standards and procedures that
include the provisions of Section 53A-11-901 and additional
standards, procedures, and training adopted in an open meeting by a
local board of education or charter school board that defines
hazing, bullying, cyber-bullying, and harassment, prohibits hazing
and bullying, requires annual discussion and training designed to
prevent hazing, bullying, cyber-bullying,
among school employees and students, and provides for enforcement
through employment action or student discipline.
G]. "Qualifying minor" means a school-age minor
(1) is at least nine years old; or
(2) turns nine years old at any time during the school year.
H]. "School" means any public elementary or
secondary school or charter school.
I]. "School board" means:
(1) a local school board; or
(2) a local charter board.
J]. "School employee" means:
(2) school staff;
school administrators; [
all] other[ s]
employed, directly or indirectly, by [ the] LEA.
K. "USOE" means the Utah State Office of
R277-609-2. 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-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, Section 53A-1-402(1)(b) which requires the Board to establish rules concerning discipline and control, Section 53A-15-603 which requires the Board to adopt rules that require a local school board or governing board of a charter school to enact gang prevention and intervention policies for all schools within the board's jurisdiction, and Section 53A-11-901 which directs local school boards and charter school governing boards to adopt conduct and discipline policies and directs the Board to develop model policies to assist local school boards and charter school governing boards.
B. The purpose of this rule is to outline
requirements for school discipline plans and policies [
which ]LEAs [ shall meet].
R277-609-3. LEA Responsibility to Develop Plans.
A. Each LEA or school shall develop and implement a board approved comprehensive LEA plan or policy for student and classroom management, and school discipline.
The plan shall include:
(1) the definitions of Section 53A-11-910;
(2) written standards for student behavior expectations, including school and classroom management;
(3) effective instructional practices for teaching student expectations, including self-discipline, citizenship, civic skills, and social skills;
(4) systematic methods for reinforcement of expected behaviors and uniform methods for correction of student behavior;
(5) uniform methods for at least annual school level data-based evaluations of efficiency and effectiveness;
(6) an ongoing staff development program related to development of
student behavior expectations[
effective instructional practices for teaching and
reinforcing behavior expectations[
effective intervention strategies[
effective strategies for evaluation of the efficiency and effectiveness of interventions;
7]) policies and procedures relating to the use and abuse of
alcohol and controlled substances by students;[ and]
8]) policies and procedures related to bullying,
cyber-bullying, harassment, hazing, and retaliation consistent with
requirements of R277-613[ .]
B]. [ The] plan
provide direction for dealing with bullying and
. This part of the plan shall:]
1]) direct schools to determine the range of behaviors and
establish the continuum of administrative procedures that may be
used by school personnel to address the behavior of habitually
2]) provide for identification, by position[ (s)], of
individual[ (s)] designated to issue notices of disruptive and
bullying student behavior;
3]) designate to whom notices
4]) provide for documentation of disruptive student behavior
prior to referral of disruptive students to juvenile court;
5]) include strategies to provide for necessary adult
6]) require that policies be clearly written and consistently
7]) include administration, instruction and support staff,
students, parents, community council and other community members in
policy development, training and prevention implementation so as to
create a community sense of participation, ownership, support and
8]) provide notice to employees that violation of this rule
may result in employee discipline or action.
[ P]lan[ s] required under
shall include gang prevention and intervention policies[
1]) [ The required plans ]shall account for an
individual LEA's or school's unique needs or circumstances
2]) [ The required plans ]may include the provisions of
Section 53A-15-603(2)[ .]
3]) [ The required plans may ] provide for publication of notice to parents and
school employees of policies by reasonable means.
s] shall implement strategies and policies
consistent with [ their plans].
s] shall develop, use and monitor a continuum of
intervention strategies to assist students whose behavior in school falls
repeatedly short of reasonable expectations, [ including] teaching student behavior expectations, reinforcing
student behavior expectations, re-teaching behavior expectations,
followed by effective, evidence-based interventions matched to
student needs prior to administrative referral.
C.] [ As] part of [ any] suspension or expulsion process that results
in court involvement, once an LEA receives information from the
court[ s] that disruptive student behavior will result in
court action[ , the LEA shall provide a formal written assessment of
habitually disruptive students].
A]ssessment information[ shall be used] to connect parents and students
with supportive school and community resources.
D]. Nothing in state law or this rule restricts
LEA[ s] from implementing policies to allow for
suspension of students of any age consistent with due process
with all requirements of
Individuals with Disabilities Education Act 2004.
5]. Parent/Guardian Notification and Court Referral.
A. Through school administrative and juvenile court referral consequences, LEA policies shall provide procedures for qualifying minors and their parents to participate in decisions regarding consequences for disruptive student behavior.
P]olicies [ shall]
for] notice to parents and information about
resources available to assist
parent[ s] in resolving
school-age minors' disruptive behavior[ .]
C.] [ Policies shall ]provide for notices of disruptive
behavior to be issued by schools to qualifying minor(s) and
parent(s) consistent with:
1]) numbers of disruptions and timelines in accordance with
2]) school resources available;[ and]
3]) cooperation from the appropriate juvenile court in
accessing student school records, including attendance, grades,
behavioral reports and other available student school data[ .]
D.] [ Policies shall ]provide due process procedures for
minors and parents to contest allegations and citations of
disruptive student behavior.
6]. [ USOE ]Model Policies.
USOE] shall develop, review regularly, and provide
to LEA boards model policies to address disruptive student behavior
and appropriate consequences.
KEY: disciplinary actions, disruptive students
Date of Enactment or Last Substantive Amendment: [
October 8, 2013]
Notice of Continuation: August 2, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(b); 53A-15-603; 53A-11-901
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150715.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.