DAR File No. 41768

Education, Administration

Rule R277-101

Utah State Board of Education Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 41768
Filed: 06/09/2017 12:15:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-101 is amended to remove text that does not specifically pertain to public participation in Utah State Board of Education (Board) meetings. That text is being placed in a new rule. Technical and conforming changes are also provided.

Summary of the rule or change:

Text that that does not specifically pertain to public participation in Board meetings is removed; text is reorganized and renumbered; and various other technical changes are made to the text.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Removing and reorganizing text and making technical and conforming changes to the rule will likely not result in a cost or savings to the state budget.

local governments:

The amendments to this rule will likely not result in a cost or savings to local government. This rule provides procedures for public participation in Board meetings and does affect local government.

small businesses:

The amendments to this rule will likely not result in a cost or savings to small businesses. This rule and the amendments provide procedures for public participation in Board meetings and do not affect small businesses.

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

The amendments to this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. This rule and the amendments provide procedures for public participation in Board meetings and do not affect persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Removing and reorganizing text and making technical and conforming changes to the rule will likely not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-101. Public Participation in Utah State Board of Education [ Procedures ] Meetings.

R277-101-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized [under]by:

(a) Utah Constitution, Article X, Section 3 , which vests general control and supervision [of]over public education in the Board[,];

(b) [Section 52-4-1]Title 52, Chapter 4, Open and Public Meetings Act, which directs that the deliberations and actions of the Board be [taken]conducted openly[and that its deliberations be conducted openly]; and[by]

(c) Section 53A-1-401[(3)], which allows the Board to [adopt rules in accordance with its responsibilities]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

[B.](2) The purpose of this rule is to describe procedures to be followed by the Board in its conduct of the public's business in order to:

([1]a) hear from those who desire to be heard on public education matters in the state;

([2]b) effectively and efficiently utilize the time of the Board;

[(3) enable staff to provide timely and essential information;] and

([4]c) balance desire for public information with other demands on the Board's time.

 

R277-101-[1]2 . Definitions.

[A. "Board" means the Utah State Board of Education.

B. "Board leadership" means the Leadership Committee as defined in the Board Bylaws.]

[C. ]"Chair" means :

(1) the duly elected Chairperson of the Board[,];

(2) a Vice-chair when conducting a meeting of the Board[,]; or

(3) the Chair of a Board standing committee.

[D. "Conflict of interest" means a business, family, monetary or relationship concern that may cause a reasonable person to be unduly influenced or that creates the appearance of undue influence.

E. "Health, safety, and welfare of students" means such concerns as adequate and safe buildings and facilities and transportation vehicles, required immunizations and health screenings, required criminal background checks and reviews on potential teachers and employees, required curriculum that allows for complete transferability of credit and other similar standards and protections.

F. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

G. "Official action" taken by local education agency (LEA) boards means action taken in appropriately advertised board meetings, where votes and minutes are recorded and available for public review.

H. "State or federal law or regulations" means federal law and regulations including Department of Agriculture regulations that govern the Child Nutrition Program as it operates in Utah public schools, the Individuals with Disability Education Act (IDEA), including federal and state implementing regulations and state administrative rules.

I. "USOE" means the Utah State Office of Education.]

 

R277-101-3. Public Participation.

[A.](1) [Citizens] The general public may attend meetings of the Board , unless a meeting is closed in accordance with Section 52-4-204.[The Board welcomes public participation during Board meetings.]

[B.](2) [Citizens]The general public may speak to the Board regarding any issue when acknowledged and recognized by the Board Chair during scheduled public comment[:].

[(a) to issues not on the agenda during the time designated for public comment.]

([i]a) The chair may give [P]priority [shall be given to those ]to an individual[s] or group[s] who[, prior to the meeting, have submitted] submits a written request to address the Board prior to the meeting, including a brief description of the issue to be addressed.

([ii]b) [No action shall be taken by the] The Board may not take action during the public comment portion of [the]a meeting.

([iii]c) [At the Board's discretion, a] A Board member may request that an item raised during public comment be placed on a future agenda for possible action in accordance with Board bylaws.

([iv]d) (i) The Chair may limit the time available for individual comments[;]. [number of comments and time limits shall be stated prior to the public comment portion of the agenda.]

([v]ii) The Chair may request groups to designate a spokesperson.

(iii) The Board shall include in its meeting agenda the amount of time set aside for public comment and the restrictions on individual speakers or group spokespersons.

([b]3) (a) A member of the general public may speak to items on the agenda:

(i) during the time designated for public comment[,]; or

(ii) at the discretion of and as invited by the Chair, when the item is properly before the Board or a committee.

(b) The Chair may request that public comment[s] be provided in writing.

[C.](4) All presentations to the Board or one of its committees shall exemplify courteous behavior and appropriate language.

[D.](5) The Chair may invite [A]additional comment[s] to the Board or a committee[s] [may only be made as recognized and invited by the Board Chair during a meeting]in the Chair's discretion.

(6) In accordance with Subsection 53-4-202(6)(b), at the discretion of the Chair, the Board may discuss a topic raised by the public in an open meeting even if the item was not included in the public meeting notice.

(7) At the discretion of the Chair, a member of the public may request to comment in the committee meeting by raise of hand.

 

[ R277-101-4. Reconsideration on Previous Board Action.

A. The Board has discretion to reconsider any decision it has made.

B. A motion to reconsider shall be made in a meeting of the Board that satisfies requirements of Section 52-4 by a Board member who voted on the prevailing side of the previous Board vote.

C. A motion to reconsider requires a second.

D. A motion to reconsider a previous Board decision shall be ruled in order by the Board Chair only with adequate time for Board members to receive information and discuss the issue, as determined by the presiding Board officer.

E. The Board Chair shall determine the procedures for the reconsideration discussion; for instance:

(1) The Board Chair shall determine if the Board shall accept public testimony and how long the discussion shall continue;

(2) The Board Chair shall determine if the reconsideration vote may take place at the next regularly scheduled Board meeting if such meeting allows time for adequately providing information to Board members;

(3) The Board Chair shall determine if more information is necessary prior to a vote, even if the Board vote is to be held at the same Board meeting.

F. The Board shall consider and hear available evidence, including documentation of detrimental or positive consequences specifically to LEAs or other entities, that may occur if the Board reverses a previous decision.

G. The motion to reconsider shall pass if two-thirds of the total membership of the Board votes in favor of the motion.

H. If a motion to reconsider fails, the Board shall not consider a motion on the same or substantially similar motion to reconsider in the same meeting.

I. A Board vote taken upon reconsideration of the same or substantially similar issue is the administrative decision by the Board.

 

R277-101-5. Board Waiver of Administrative Rules.

A. Criteria for waiver of Board Rules:

(1) The Board shall consider waiver requests consistent with its constitutional responsibility for general control and supervision of the public education system.

(2) Prior to waiver, the Board shall consider whether a local board's or local charter governing board's request could be accomplished through means other than waiver of Board rules.

(3) The Board shall waive rules only following a thorough review of available data and shall make data driven decisions.

(4) The Board shall not waive rules:

(a) that are required by and adopt criteria from federal or state law or regulations;

(b) that negatively affect the health, safety or welfare of public education students;

(c) if the waiver could reasonably result in discrimination or harassment of public school students or employees;

(d) that benefit one element or segment of the public education system to the detriment of another.

(5) Waivers shall always include an effective time period for the waiver, public review and accountability provisions and a sunset date.

(6) Prior to consideration by the Board, waivers requested by charter schools shall be presented to and considered by the State Charter School Board. Information and documentation of this action shall be available to the Board.

(7) All Board evaluations, considerations, and decisions shall be made in the Board's sole discretion.

B. Procedures for waiver of Board rules:

(1) A local board of education or a charter school governing board may request a waiver from Board rule(s) in writing consistent with USOE timelines and on forms available from the USOE by submitting to the Board a written request showing a vote by the local board requesting the waiver in an open board meeting.

(2) Complete waiver requests shall be reviewed first by a Board Committee during a regularly scheduled Board meeting.

(3) The Board Committee designated by Board leadership shall review the request, solicit additional information or testimony, if helpful, and make a recommendation for consideration by the full Board of Education.

(4) Board leadership or a Board Committee shall make a reasonable determination of the time or Committee meetings necessary for careful review of request(s) for waiver of Board rules; Board leadership may consolidate consideration of duplicate or similar requests.

(5) At a minimum, the following shall be required from LEAs seeking a waiver of Board rules:

(a) student achievement data that support the requested waiver;

(b) data demonstrating the cost effectiveness, without sacrificing student achievement, of the waiver request;

(c) a draft proposed agreement that outlines USOE and local board responsibilities, data gathering and reporting timelines if a waiver is granted by the Board.

(6) Upon direction by the Board, an LEA shall make a presentation to an assigned Board Committee.

(7) Board leadership shall notify the local board of a proposed timeline for the Board to consider the request for waiver and provide a written decision, including an agreement between the Board and the local governing board, to the local board.

C. Public process and documents:

(1) Materials presented to the Board by the local board shall be public documents.

(2) Materials and draft agreements between the Board and the local board shall be protected draft documents.

(3) Final agreements between the Board and local governing boards shall be public documents and available for review by the public upon request consistent with the provisions of Title 63G, Chapter 2.

(4) Any breach of confidentiality while the discussion of agreements is in progress may compromise the fairness of the Board decision and may delay the discussion or Board decision or both.]

 

KEY: school boards, open government

Date of Enactment or Last Substantive Amendment: [April 22, 2013]2017

Notice of Continuation: August 1, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 52-4-1; 53A-1-401[(3)]