DAR File No. 41980

This rule was published in the August 15, 2017, issue (Vol. 2017, No. 16) of the Utah State Bulletin.


Education, Administration

Rule R277-608

Prohibition of Corporal Punishment in Utah�s Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 41980
Filed: 07/31/2017 03:30:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-608 is amended to provide technical and conforming changes consistent with the Rulewriting Manual for Utah and consistent with H.B. 92 from the 2017 General Session.

Summary of the rule or change:

The amendments to Rule R277-608 provide technical and conforming changes throughout the rule and update the rule based on amendments to Section 53A-11-802 due to passage of H.B. 92 (2017).

Statutory or constitutional authorization for this rule:

  • Art X, Sec 3
  • Sections 53A-11-801 through 53A-11-805
  • Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments to this rule will likely not result in a cost or savings to the state budget. The rule is updated with technical and conforming changes.

local governments:

The amendments to this rule will likely not result in a cost or savings to local government. The rule is updated with technical and conforming changes.

small businesses:

The amendments to this rule will likely not result in a cost or savings to small businesses. The rule is updated with technical and conforming changes.

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. The rule is updated with technical and conforming changes.

Compliance costs for affected persons:

The amendments to this rule will likely not result in any compliance costs for affected persons. The rule is updated with technical and conforming changes.

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:

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:

09/14/2017

This rule may become effective on:

09/21/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-608. Prohibition of Corporal Punishment in Utah's Public Schools.

R277-608-[2]1. Authority and Purpose.

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

(a) Utah Constitution Article X, Section 3 , which vests[the] general control and supervision [of]over public education in the Board[,]; [Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities]

(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; and

(c) Sections 53A-11-801 through 53A-11-805, which provide guidelines for the use of reasonable and necessary physical restraint or force in educational settings.

[B.](2) The purpose of this rule is to direct LEAs to have policies in place that prohibit corporal punishment consistent with the law.

 

R277-608-[1]2. Definitions.

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

[B.](1) "Corporal punishment" means the intentional infliction of physical pain upon the body of a minor child as a disciplinary measure.

[C.](2) "LEA" [means a local education agency, including local school boards/public school districts, charter schools, and] includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[D. "USOE" means the Utah State Office of Education.]

 

R277-608-3. Reporting Requirements.

[A.](1) Each LEA shall incorporate in the LEA plan submitted to the [USOE]Superintendent annually, the prohibition of corporal punishment consistent with the law.

[B.](2) An LEA policy shall [incorporate] include:

(a) a prohibition of corporal punishment consistent with the law[,];

(b) criteria and procedures for using appropriate behavior reduction intervention in accordance with federal and state law;

(c) appropriate sanctions for LEA employees who use corporal punishment; and

(d) appeal procedures for LEA employees disciplined [under this rule and the corresponding state statute] for a violation of the LEA's policy.

 

[ R277-608-4. Special Education Exception(s) to this Rule.

LEAs shall have in place, as part of their LEA's special education plans, procedures or manuals, criteria and procedures for using appropriate behavior reduction intervention in accordance with state and federal law.]

 

KEY: students' rights, disciplinary problems, teachers

Date of Enactment or Last Substantive Amendment: [January 10, 2012]2017

Notice of Continuation: July 14, 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401[(3)]; 53A-11-801 through 805


Additional Information

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/b20170815.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 angie.stallings@schools.utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.