DAR File No. 41008

Education, Administration

Rule R277-517

LEA Codes of Conduct

Notice of Proposed Rule

(New Rule)

DAR File No.: 41008
Filed: 11/15/2016 01:48:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new Rule R277-517 provides for a local education agency (LEA) to adopt a code of conduct for the LEA's staff.

Summary of the rule or change:

This new Rule R277-517 provides definitions, a requirement for LEAs to adopt a code of conduct for its staff, and a list of items that need to be included in the LEA's code of conduct.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to the state budget.

local governments:

This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to local government.

small businesses:

This new Rule R277-517 provides for LEAs to adopt a code of conduct, which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

This new Rule R277-517 provides for LEAs to adopt a code of conduct, 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:

This new Rule R277-517 provides for LEAs to adopt a code of conduct, 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 this new 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
Administration
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 angie.stallings@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:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-517. LEA Codes of Conduct.

R277-517-1. 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; and

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to require LEAs to create a code of conduct applicable to the LEA's staff.

 

R277-517-2. Definitions.

(1) "Boundary violation" means the same as that term is defined in R277-515.

(2) "Staff" or "staff member" means an employee, contractor, or volunteer with unsupervised access to students.

 

R277-517-3. Required Code of Conduct.

(1) Each LEA shall adopt a code of conduct applicable to the LEA's staff.

(2) A code of conduct, adopted pursuant to Subsection (1), shall include, at a minimum:

(a) a statement that a staff member should avoid boundary violations, as defined in Rule R277-515, with students;

(b) a statement that a staff member may not subject a student to:

(i) physical abuse;

(ii) verbal abuse;

(iii) sexual abuse; or

(iv) mental abuse;

(c) a statement that a staff member shall report any suspected incidents of:

(i) physical abuse;

(ii) verbal abuse;

(iii) sexual abuse;

(iv) mental abuse; or

(v) neglect;

(d) a statement that a staff member may not touch a student in a way that makes a reasonably objective student feel uncomfortable;

(e) a statement regarding appropriate verbal or electronic communication between a staff member and a student;

(f) a statement regarding providing gifts, special favors, or preferential treatment to a student or group of students;

(g) a statement that a staff member shall not discriminate against a student on the basis of sex, race, religion, or any other prohibited class;

(h) a statement regarding appropriate use of electronic devices and social media for communication between a staff member and a student;

(i) a statement regarding use of alcohol, tobacco, and illegal substances during work hours and on school property;

(j) a statement that a staff member is required to:

(i) report any suspicion of child abuse or bullying to the proper authorities;

(ii) annually read and sign all policies related to identifying, documenting, and reporting child abuse; and

(iii) for an employee or contractor, annually attend abuse prevention training required in Section 53A-13-112; and

(3) An LEA shall post a code of conduct adopted pursuant to Subsection (1) on the LEA's website.

(4) An LEA shall provide information to staff that they should report and how to report:

(a) known violations of the LEA's code of conduct; and

(b) known violations of the Utah Educator Standards contained in R277-515.

 

KEY: codes of conduct

Date of Enactment of Last Substantive Amendment: 2017

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