DAR File No. 40889
This rule was published in the November 1, 2016, issue (Vol. 2016, No. 21) of the Utah State Bulletin.
Standards for LEA Discipline Plans and Emergency Safety Interventions
Notice of Proposed Rule
DAR File No.: 40889
Filed: 10/14/2016 02:46:39 PM
Purpose of the rule or reason for the change:
The amendments to Rule R277-609 are in response to H.B. 460, School Resource Officers and School Administrators Training and Agreement, from the 2016 General Session, and to incorporate additional language into the rule that is included in the Least Restrictive Behavioral Interventions (LRBI) Technical Assistance Manual as directed by the Utah State Board of Education Law and Licensing Committee. Technical and conforming changes are also proposed.
Summary of the rule or change:
The amended rule provides language for a training plan for administrators and resource officers who provide services to a public school; incorporates additional language into the rule relating to physical restraint and seclusionary time out; and provides technical and conforming changes as necessary.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Subsection 53A-1-402(1)(b)
- Section 53A-11-901
- Section 53A-1-401
- Section 53A-11-1603
This rule or change incorporates by reference the following material:
- Adds LRBI Technical Assistance Manual, published by , September 2015
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, which likely will not result in a cost or savings to local government.
The amendments to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, 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 Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, 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 to Rule R277-609 provide for additional provisions within a local education agency's discipline plan and technical and conforming changes, 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 resulting from 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, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions.
. 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[ ,]
ubs]ection 53A-1-401[ (3)], which allows the Board to [ adopt] rules [ in accordance with its responsibilities][ ,]
Subsection 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[
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.
The] written policies shall include [ direction to LEAs] to develop, implement, and monitor the policies
for the use of emergency safety interventions in all schools and
for all students within each LEA's jurisdiction.
A. "Board" means the Utah State Board of
B.] "Discipline" includes:
1]) imposed discipline; and
C.] "Disruptive student behavior" includes:
1]) the grounds for suspension or expulsion described in
Section 53A-11-904; and
2]) the conduct described in Subsection 53A-11-908(2)(b).
D.] "Emergency safety intervention" means the
use of seclusionary time out or physical restraint when a student
presents an immediate danger to self or others[ , and the]
intervention is not for disciplinary purposes.
E.] "Functional Behavior Assessment
)]" means a systematic process of identifying
problem behaviors and the events that reliably predict occurrence
and non-occurrence of those behaviors and maintain the behaviors
F.] "Immediate danger" means the imminent danger
of physical violence[ /]
aggression towards self or others likely to cause serious physical harm.
G.] "Imposed discipline" means a code of conduct
prescribed for the highest welfare of the individual and of the
society in which the individual lives.
H.] "LEA" [ or "local education agency" means a school
district, charter school or], for purposes of this rule, the Utah Schools for
the Deaf and the Blind.
I.] "Physical restraint" means personal
restriction that immobilizes or reduces the ability of an
individual to move the individual's arms, legs, body, or head
J.] "Plan" means a [ school district-wide] and school-wide written model for prevention and
intervention [ for] student behavior management and discipline
procedures for students.
K.] "Program" means
instructional or behavioral program[ s] including
those ]provided by contract private providers
under the direct supervision of public school staff[ ,]
that receives public funding or
for which the [
USOE] has regulatory authority.
L.] "Policy" means standards and procedures that
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
prohibits hazing and bullying[
requires annual discussion and training designed to
prevent hazing, bullying, cyber-bullying, discipline, emergency
safety interventions, and harassment among school employees and
provides for enforcement through employment action or student discipline.
M.] "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
N.] "School" means any public elementary or
secondary school or charter school.
O.] "School board" means:
1]) a local school board; or
2]) a local charter board.
P.] "School employee" means:
1]) a school teacher;
2]) a school staff member;
3]) a school administrator[ s]; or
4]) any other person employed, directly or indirectly, by an
Q.] "Seclusionary time out" means that a student
1]) placed in a safe enclosed area[ : (a) ] by school personnel[ ; and (b) ] in accordance with the requirements of
R392-200 and R710-4[ -3];
2]) purposefully isolated from adults and peers; and
3]) prevented from leaving, or reasonably believes that the
student will be prevented from leaving, the enclosed area.
R.] "Section 504 accommodation plan," required by
Section 504 of the Rehabilitation Act of 1973, means a plan
designed to accommodate an individual who has been determined, as a
result of an evaluation, to have a physical or mental impairment
that substantially limits one or more major life activities.
S.] "Self-Discipline" means a personal system of
organized behavior designed to promote self-interest while
contributing to the welfare of others.
T. "Superintendent" means the State
Superintendent of Public Instruction or the Superintendent’s
. 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.
B. The] plan described in [ R277-609-3A] 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
4]) systematic methods for reinforcement of expected
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
a]) student behavior expectations;
b]) effective instructional practices for teaching and
reinforcing behavior expectations;
c]) effective intervention strategies; and
d]) effective strategies for evaluation of the efficiency
and effectiveness of interventions;
7]) procedures for ongoing training of appropriate school
a]) crisis intervention training;
b]) emergency safety intervention professional development;
c]) LEA policies related to emergency safety interventions
consistent with evidence-based practice;
8]) policies and procedures relating to the use and abuse of
alcohol and controlled substances by students;
9]) policies and procedures[ related to bullying, cyber-bullying, harassment, hazing,
and retaliation] consistent with requirements of
R277-613[ ; and]
10]) policies and procedures for the use of emergency safety
interventions for all students consistent with evidence-based
practices including prohibition of:
subject to the requirements of
R277-609[ C], [ physical restraint] except when a student:
i]) presents a danger of serious physical harm to self or
ii]) is destroying property;
b]) prone, or face-down, physical restraint;
supine, or face-up, physical restraint;
c]) physical restraint that obstructs the airway of a
student[ ,] or [ any physical restraint that] adversely affects a
student's primary mode of communication;
d]) mechanical restraint, except[ those]
,] stabilizing[ or]
required by law, [
any device used by a law enforcement officer in carrying
out law enforcement duties, ]including seatbelts or any
other safety equipment when used to secure students during
e]) chemical restraint, except as:
i]) prescribed by a licensed physician, or other qualified
health professional acting under the scope of the
professional's authority under State law, for the standard
treatment of a student's medical or psychiatric condition;
ii]) administered as prescribed by the licensed physician or
other qualified health professional acting under the scope of the
professional's authority under state law;
subject to the requirements of
, [ seclusionary time out, ]except when a student
presents an immediate danger of serious physical harm to self or
g]) for a student with a disability, emergency safety
interventions written into a student's [ individualized education program (]IEP[ )], as a planned intervention, unless
school personnel, the family, and the IEP team agree
less restrictive means which meet circumstances described in
4] have been attempted[ ,]
a FBA has been conducted[
a positive behavior intervention plan based on data
analysis has been written into the plan and implemented[
(11) the policies and procedures explicitly include all the
requirements in this rule. C(1) All physical restraint must be immediately
terminated when student is no longer an immediate danger to self
or others, or if student is in severe distress. (2) The use of physical restraint shall be for the
minimum time necessary to ensure safety and a release criteria
(as outlined in LEA policies) must be implemented. (3) If a public education employee physically restrains a
student: (a) the school or the public education employee shall
immediately notify the student’s parent or guardian and
school administration; and (b) the public education employee may not use physical
restraint on a student for more than 30 minutes. (4) In addition to the notice described in
R277-609-3C(3), if a public education employee physically
restrains a student for more than fifteen minutes, the school or
the public education employee shall immediately notify: (a) the student's parent or guardian; and (b) school administration. (5) An LEA may not use physical restraint as a means of
discipline or punishment. D(1) If a public education employee uses seclusionary
time out, the public education employee shall: (a) use the minimum time necessary to ensure
safety; (b) use a release criteria (as outlined in LEA
policies); (c) ensure that any door remains unlocked; and (d) maintain the student within line of sight of the
public education employee. (2) If a student is placed in seclusionary time
out: (a) the school or the public education employee shall
immediately notify: (i) the student’s parent or guardian; and (ii) school administration; and (b) the public education employee may not place a student
in a seclusionary timeout for more than 30 minutes. (3) In addition to the notice described in
R277-609-3D(2), if a public education employee places a student
in seclusionary time out for more than fifteen minutes, the
school or the public education employee shall immediately
notify: (a) the student's parent or guardian; and (b) school administration. (4) Seclusionary time may only be used for maintaining
safety and a public education employee may not use seclusionary
time out as a means of discipline or punishment. E. A plan described in R277-609-3A shall
1]) [ provide ]direction for dealing with bullying and
2]) 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
3]) [ provide for ]identification, by position, of an
individual designated to issue notices of disruptive and bullying
4]) [ designate to whom] notices of
disruptive and bullying student behavior[ shall be provided];
provide for documentation of disruptive
student behavior prior to referral of disruptive students to
6]) [ include ]strategies to provide for necessary adult
require that policies be clearly written and consistently
(8) 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
9]) [ provide ]notice to employees that violation of
this rule may result in employee discipline or action[ .]
F. A plan required under this R277-609-3:]
1]) [ shall include ]gang prevention and intervention
2]) [ shall] account for an individual LEA’s or
school’s unique needs or circumstances including
the role of law enforcement and
emergency medical services[
(3) may include the provisions of Subsection 53A-15-603(2);
4]) [ shall provide] for publication of notice to parents and school
employees of policies by reasonable means.
A.] An LEA shall implement strategies and policies
consistent with the LEA’s plan required in
B.] An LEA shall develop, use and monitor a continuum of
intervention strategies to assist students, including students
whose behavior in school falls repeatedly short of reasonable
expectations, by 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.] An LEA shall implement positive behavior interventions
and supports as part of the LEA’s continuum of behavior
interventions strategies.[ (Least Restricted Behavioral Interventions Technical
An LEA shall provide a formal written assessment of a
habitually disruptive student as part of a student’s
suspension or expulsion process that results in court involvement,
once an LEA receives information from the court that disruptive
student behavior will result in court action.
2]) An LEA shall use assessment information to connect
parents and students with supportive school and community
E.] Nothing in state law or this rule restricts an LEA from
implementing policies to allow for suspension of students of any
age consistent with due process requirements and consistent with
all requirements of the Individuals with Disabilities Education Act
F.] An LEA shall establish an Emergency Safety Intervention
(ESI) Committee before September 1, 2015.
G.] The LEA ESI Committee:
1]) shall include:
a]) at least two administrators;
b]) at least one parent or guardian of a student enrolled in
the LEA, appointed by the LEA; and
c]) at least two certified educational professionals with
behavior training and knowledge in both state rules and LEA
2]) shall meet often enough to monitor the use of emergency
safety intervention in the LEA;
3]) shall determine and recommend professional development
4]) shall develop policies for local dispute resolution
processes to address concerns regarding disciplinary actions.
H.] An LEA shall have procedures for the collection,
maintenance, and periodic review of documentation or records of the
use of emergency safety interventions at schools within the
I.] The Superintendent shall define the procedures for the
collection, maintenance, and review of records described in [ R277-609-4H].
J.] An LEA shall provide documentation of any school,
program or LEA's use of emergency safety interventions to the
. Special Education Exception(s) to this Rule.
A.] An LEA shall have in place, as part of its LEA special
education policies, procedures, or practices, criteria and steps
for using emergency safety interventions consistent with state and
B.] The Superintendent shall periodically review:
1]) all LEA special education behavior intervention plans,
procedures, or manuals; and
2]) emergency safety intervention data as related to IDEA
eligible students in accordance with Utah's Program Improvement
and Planning System[ (UPIPS)].
. 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.
B.] An LEA shall establish policies that:
1]) provide notice to parents and information about resources
available to assist a parent in resolving the parent’s
school-age minors' disruptive behavior;
2]) provide for notices of disruptive behavior to be issued
by schools to qualifying minor[ (]s[ )] and parent[ (]s[ )] consistent with:
a]) numbers of disruptions and timelines in accordance with
b]) school resources available;
c]) cooperation from the appropriate juvenile court in
accessing student school records, including
behavioral reports and
other available student school data; and
d]) provide due process procedures for minors and parents to
contest allegations and citations of disruptive student
When a crisis situation occurs that requires the use of
an emergency safety intervention to protect the student or others
from harm, a school shall notify the LEA and the student's
parent or guardian as soon as possible and no later than the end of
the school day.
(2) If a crisis situation occurs and an emergency safety
intervention is used, a school shall immediately
notify: (a) a student’s parent or guardian; and (b) school administration.]
3]) In addition to the notice described in [ R277-609-6C(2)], if a crisis situation occurs for more
than fifteen minutes, the school shall immediately notify:
a]) the student's parent or guardian; and
b]) school administration.
4]) A notice described in
[ R277-609-6C2] shall be documented within student information
systems (SIS) records.
A school shall provide a parent or guardian with a copy
of any notes or additional documentation taken during a crisis
situation upon request of the parent or guardian.
2]) Within 24 hours of a crisis situation, a school shall
notify a parent or guardian that the parent or guardian may request
a copy of any notes or additional documentation taken during a
3]) A parent or guardian may request a time to meet with
school staff and administration to discuss [ the] crisis situation.
. Model Policies.
A.] The Superintendent shall develop, review regularly, and
provide to LEA boards model policies to address disruptive student
behavior and appropriate consequences.
B. The Superintendent shall develop model policies required
under R277-609-3A(10) to assist LEAs.]
C.] The Superintendent shall provide technical assistance to
LEAs in developing and implementing policies and training employees
in the appropriate use of physical force and emergency safety
interventions to the extent of resources available.
. LEA Compliance.
If an LEA fails to comply with this rule,
the Superintendent may [
disrupt state aid] or impose
any other sanction authorized by law.
KEY: disciplinary actions, disruptive students, emergency safety interventions
Date of Enactment or Last Substantive Amendment: [
September 3, 2015]
Notice of Continuation: August 2, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
; 53A-15-603; 53A-11-901
More information about a Notice of Proposed Rule is available online.
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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 Office of Administrative Rules.