DAR File No. 40793
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools
Notice of Proposed Rule
DAR File No.: 40793
Filed: 09/15/2016 05:09:48 PM
Purpose of the rule or reason for the change:
Rule R277-611 is amended in response to S.B. 43 from the 2016 General Session, which creates a pilot program to provide instruction to public school students in grades 5 through 12 on firearm safety and violence prevention.
Summary of the rule or change:
The amendments to Rule R277-611 provide procedures for a local school board or charter school governing board that chooses to participate in the Firearm Safety and Violence Prevention Pilot Program, and removes unnecessary language from the rule.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-13-106.5
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to the state budget.
The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to local government.
The amendments provide procedures that allow for participation in a pilot program, 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 provide procedures that allow for participation in a pilot program, 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 amendments provide procedures that allow for participation in a pilot program, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office 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.
R277-611. Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools.
R277-611-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;
(b) Subsection 53A-13-106(5), which directs the Board to
make rules specific to limited areas of firearm safety instruction
in the public schools; and]
c]) S[ ubs]ection 53A-1-401[ (3)], which allows the Board to [ adopt] rules [ in accordance with its] responsibilities
(2) The purpose of this rule is to:
(a) provide a definition of certified volunteer for purposes of providing firearm safety training in a public school;
(b) direct LEAs to designate public school areas that may be used for firearm safety training for adults or students or both;
(c) direct a local board to review materials that may be
used under the LEA's authority to teach firearm
d]) provide for voluntary firearm safety training of public
school district employees or school community members or both on
public school property at times determined by the local school
board or local governing board.
(1) "Certified volunteer" means an individual who:
(a) volunteers to teach an LEA employee or student in a public school about firearm safety; and
(b) is certified as required by Section R277-611-3.
(2) "Public school classroom or auditorium" means a classroom or auditorium in a public school:
(a) identified as available and appropriate; and
(b) designated by an LEA, superintendent, or director as available for firearm safety instruction.
Certified Volunteers and Proof of Certification of
(1)(a) An LEA may allow] a
volunteer who is certified by the Utah Bureau of Criminal
Identification to teach firearm safety on public school property
consistent with LEA policy and direction.
(b) A list of certified firearms instructors by county is available through the Utah Department of Public Safety.
2]) A certified volunteer shall provide documentation of
required training to the designated school administrator prior to
the advertisement or notice of available training.
3]) [ An individual who provides or participates in training to a
public school age child on public school property] shall:
(a) complete a fingerprint background check and submit to ongoing monitoring consistent with the requirements of Title 53A, Chapter 15, Part 15, Background Checks; and
(b) have the background check reviewed by an LEA administrator prior to instructing a public school age student.
(4) A volunteer is not certified under Subsection
53A-13-106(5)(d) by the LEA until the background check process is
R277-611-4. School District Review of Firearm Safety
Materials Used in Public Schools.
(1) A certified volunteer who is approved to provide
instruction to a public school-age student or a public school
employee shall submit material that the certified volunteer
proposes to use in the instruction or training for review by the
local school board or local governing board prior to the
training. (2) An LEA shall have adequate time to review the
submitted material and approve or disapprove the material in a
timely manner. (3) An LEA shall use standards for review of materials
that include: (a) age-appropriateness of material for the LEA's
audience; (b) neither a bias against firearms nor a bias in favor
of firearms; (c) the selection and approval of material that would not
personally enrich or benefit the certified volunteer;
and (d) other reasonable and objective standards that apply to
the review of similar instructional material.]
. Voluntary Training of Adults and Public Education Employees
on Public School Property.
(1) An LEA may allow a community group to use public school property for voluntary firearm safety training for a public school employee or interested community member under conditions used to approve public school buildings for non-curriculum uses.
(2) An LEA shall give the greatest consideration to availability of space and the safety of school age children and school employees in the approval of a request to use public education property for voluntary firearm safety training and instruction.
. Use of Public School Property for Firearm Safety
(1) An LEA may designate which classroom
or auditorium or other appropriate public school area may be used
for firearm safety[
training or] instruction[ or both].
(2) An LEA shall give first priority to curriculum-related groups in allowing firearm safety instruction to be held on public school property.
(3) An LEA shall give the safety of all students and community patrons the greatest consideration in allowing for firearm safety instruction or training on public school property.
(4) If appropriate or necessary, at the LEA's discretion, the LEA may post notice in and around a public school area designated for firearm instruction and training.
(5) Live ammunition may not be brought on public school
property as a part of firearm safety instruction.]
KEY: firearms, instruction
Date of Enactment or Last Substantive
December 8, 2015]
Notice of Contiuation: October 15, 2015
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3;
(]5[ )]; 53A-1-401[ (3)]
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/2016/b20161001.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.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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 Office of Administrative Rules.