DAR File No. 41788

Education, Administration

Section R277-609-4

LEA Responsibilities to Develop Plans

Notice of Proposed Rule

(Amendment)

DAR File No.: 41788
Filed: 06/09/2017 12:35:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-609-4 is amended in response to H.B. 92 from the 2017 General Session.

Summary of the rule or change:

The amendments to Section R277-609-4 revise the provision that allows physical restraint to be used in schools.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Subsection 53A-1-402(1)(b)
• Section 53A-11-1603
• Section 53A-1-401
• Section 53A-15-901
• Section 53A-15-603

Anticipated cost or savings to:

the state budget:

Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to the state budget.

local governments:

Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to local government.

small businesses:

Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to small businesses.

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

Revising the provision that allows physical restraint to be used in schools consistent with state law will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Revising the provision that allows physical restraint to be used in schools consistent with state law 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.

R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions.

R277-609-4. LEA Responsibility to Develop Plans.

(1) An LEA or school shall develop and implement a board approved comprehensive LEA plan or policy for student and classroom management, and school discipline.

(2) An LEA shall 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 responsibility.

(3) A plan described in Subsection (1) shall include:

(a) the definitions of Section 53A-11-910;

(b) written standards for student behavior expectations, including school and classroom management;

(c) effective instructional practices for teaching student expectations, including:

(i) self-discipline;

(ii) citizenship;

(iii) civic skills; and

(iv) social skills;

(d) systematic methods for reinforcement of expected behaviors;

(e) uniform methods for correction of student behavior;

(f) uniform methods for at least annual school level data-based evaluations of efficiency and effectiveness;

(g) an ongoing staff development program related to development of:

(i) student behavior expectations;

(ii) effective instructional practices for teaching and reinforcing behavior expectations;

(iii) effective intervention strategies; and

(iv) effective strategies for evaluation of the efficiency and effectiveness of interventions;

(h) procedures for ongoing training of appropriate school personnel in:

(i) crisis intervention training;

(ii) emergency safety intervention professional development; and

(iii) LEA policies related to emergency safety interventions consistent with evidence-based practice;

(i) policies and procedures relating to the use and abuse of alcohol and controlled substances by students;

(j) policies and procedures, consistent with requirements of Rule R277-613, related to:

(i) bullying;

(ii) cyber-bullying;

(iii) harassment;

(iv) hazing; and

(v) retaliation;

(k) policies and procedures for the use of emergency safety interventions for all students consistent with evidence-based practices including prohibition of:

(i) physical restraint, subject to the requirements of Section R277-609-5, except when [a student]the physical restraint is allowed as described in Subsection 53A-11-802(2);[:

(A) presents a danger of serious physical harm to self or others; or

(B) is destroying property;]

(ii) prone, or face-down, physical restraint;

(iii) supine, or face-up, physical restraint;

(iv) physical restraint that obstructs the airway of a student or adversely affects a student's primary mode of communication;

(v) mechanical restraint, except:

(A) protective or stabilizing restraints;

(B) restraints required by law, including seatbelts or any other safety equipment when used to secure students during transportation; and

(C) any device used by a law enforcement officer in carrying out law enforcement duties;

(vi) chemical restraint, except as:

(A) 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; and

(B) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under state law;

(vii) seclusionary time out, subject to the requirements of Section R277-609-5, except when a student presents an immediate danger of serious physical harm to self or others; and

(viii) for a student with a disability, emergency safety interventions written into a student's IEP, as a planned intervention, unless:

(A) school personnel, the family, and the IEP team agree less restrictive means which meet circumstances described in Section R277-608-5 have been attempted;

(B) a FBA has been conducted; and

(C) a positive behavior intervention plan based on data analysis has been written into the plan and implemented.

(l) direction for dealing with bullying and disruptive students;

(m) direction for 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 disruptive students;

(n) identification, by position, of an individual designated to issue notices of disruptive and bullying student behavior;

(o) identification of individuals who shall receive notices of disruptive and bullying student behavior;

(p) a requirement to provide for documentation of disruptive student behavior prior to referral of disruptive students to juvenile court;

(q) strategies to provide for necessary adult supervision;

(r) a requirement that policies be clearly written and consistently enforced;

(s) notice to employees that violation of this rule may result in employee discipline or action;

(t) gang prevention and intervention policies in accordance with Subsection 53A-15-603(1); and

(u) provisions that account for an individual LEA's or school's unique needs or circumstances, including:

(i) the role of law enforcement; and

(ii) emergency medical services; and

(iii) a provision for publication of notice to parents and school employees of policies by reasonable means.

(4) A plan described in Subsection (1) may include:

(a) the provisions of Subsection 53A-15-603(2); and

(b) a plan for training administrators and school resource officers in accordance with Section 53A-11-1603.

 

KEY: disciplinary actions, disruptive students, emergency safety interventions

Date of Enactment or Last Substantive Amendment: [December 8, 2016]2017

Notice of Continuation: October 14, 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A-1-402(1)(b); 53A-15-603; 53A-11-901; 53A-11-1603