DAR File No. 41366
This rule was published in the April 1, 2017, issue (Vol. 2017, No. 7) of the Utah State Bulletin.
Standards and Procedures for Student Searches
Notice of Proposed Rule
DAR File No.: 41366
Filed: 03/15/2017 01:05:41 PM
Purpose of the rule or reason for the change:
Rule R277-615 is amended to provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.
Summary of the rule or change:
Changes to the rule include renumbering, replacing outdated terminology, and making various other technical changes.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-1-401
- Section 53A-11-1305
Anticipated cost or savings to:
the state budget:
Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to the state budget.
Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to local government.
Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Technical and conforming changes are made to the rule, 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:
Technical and conforming changes are made to the rule, 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 email@example.com
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.
R277-615. Standards and Procedures for Student Searches.
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-11-1305 [
that] directs the Board and LEAs to adopt rules to protect
students against unreasonable and excessive intrusion of personal
rights [ and privacy on school property or at school-sponsored
activities, ]and[ by]
(3)] which allows the Board to [ adopt rules in accordance with its
B.] The purpose of this rule is to direct LEAs to adopt [ rules or ]policies [ or both ]to protect student rights with procedures
and provisions that balance students' rights and privacy with
the responsibility of school officials for the safety and
protection of students and adults while on school property or at
A. "Board" means the Utah State Board of
B.] "Controlled substance[ s]" [ means substances identified under] Section[ s] 58-37-2[ , 58-37a-3 and 58-37b-2].
C.] "Law enforcement authorities" means
officers working under the direct supervision and in the employment
of police or law enforcement, as opposed to under the supervision
of a[ public education, agency].
Law enforcement authorities have received police officer training and are acting in that capacity.
D.] "LEA" [ means a local education agency, including local school
boards/public school districts, charter schools, and] the Utah Schools for the
Deaf and the Blind.
E. "Reasonable suspicion" means a particularized
and objective basis, supported by objective and articulable facts
leading the searcher to believe that there is a moderate chance of
finding evidence of wrongdoing. Reasonableness considers the
totality of the circumstances including such factors as the scope
and manner of the intrusion, the justification for the search, the
nature of the infraction, the place where the search is conducted,
the student's age, history and school record, the prevalence
and seriousness of the problem in the school, the exigency
requiring the search without delay, the reliability of the
information used as a justification for the search, and the school
official's prior experience with the student. The search shall
be reasonable both in inception of the search and the scope of the
search. F. "School official" means a school
superintendent, associate superintendent, school district
specialist, school principal or assistant principal or charter
school employee who is a director, principal, headmaster, or
G.] "Weapon" means any item capable of causing
death or serious bodily injury or a facsimile or representation of
A.] The [ Board] shall provide consistent definitions for LEAs
to include in
B.] The [ Board] shall develop a model
policy as guidance for LEAs.
C.] The [ Board] shall [ include] an assurance [ for] LEAs
regarding the student search
policy required under Section 53A-11-1305[ in the Utah Consolidated Report, beginning with the 2012-13
R277-615-4. LEA Responsibilities.
A.] LEA[ s] shall develop a policy for searching students
for controlled substances
[ as required under Utah law and for weapons before June 30,
B.] LEA[ s] shall include appropriate interested parties in
the development of student search policies, including
licensed school employees.
C.] LEA [ policies] shall ensure
protection of individual student rights against excessive and
D.] LEA[ s] shall make policies available [ to parents ]electronically and in [ materials provided] to parents and students upon enrollment[
as soon as reasonably possible following adoption of
E.] LEA[ s] shall provide adequate training to appropriate
classes of employees for fair and consistent implementation of
student search policies.
KEY: students, searches
Date of Enactment or Last Substantive Amendment: [
April 10, 2012]
Notice of Continuation: March 14, 2017
Authorizing, and Implemented or Interpreted Law: Art X Sec 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/2017/b20170401.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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.