DAR File No. 42120
This rule was published in the October 1, 2017, issue (Vol. 2017, No. 19) of the Utah State Bulletin.
School Instruction and Human Sexuality
Notice of Proposed Rule
DAR File No.: 42120
Filed: 09/15/2017 08:54:48 AM
Purpose of the rule or reason for the change:
Following a five-year review, the Utah State Board of Education determined that Rule R277-474 continued to be necessary so it was continued. The rule is amended to provide necessary technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah.
Summary of the rule or change:
The amendments to this rule provide technical and conforming changes that include changes to numbering, references, and terminology.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Art X Sec 3
- Subsections 53A-13-101(1) and (3)
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-474 provide technical and conforming changes which will likely not result in a cost or savings to the state budget.
The amendments to Rule R277-474 provide technical and conforming changes which will likely not result in a cost or savings to local governments.
The amendments to Rule R277-474 provide technical and conforming changes which will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-474 provide technical and conforming changes which 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:
The amendments to Rule R277-474 provide technical and conforming changes which 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
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 firstname.lastname@example.org
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.
R277-474. School Instruction and Human Sexuality.
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[ ,]
(c)(ii)(B)] which direct[ s] the Board to [ develop a] rule to allow local boards to adopt human sexuality education
materials or programs [ under Board rules] and
(3)] which allows the Board to [ adopt rules in accordance with its
B.] The purpose[ s] of this rule [ are]:
1]) [ to provide ]requirements for[ the Board,] LEAs and individual educators to
select instructional materials about human sexuality and
2]) [ to provide ]notice to parents[ /guardians] of proposed human sexuality and
maturation discussions and instruction; and
3]) [ to provide ]direction to public education
employees regarding instruction and discussion of maturation and
human sexuality with students.
A. "Board" means the Utah State Board of
Education. B. "Curriculum materials review committee
(committee)" means a committee formed at the district or
school level, as determined by the local board of education or
local charter board, that includes parents, health professionals,
school health educators, and administrators, with at least as many
parents as school employees. The membership of the committee shall
be appointed and reviewed annually by August 1 of each year by the
local board, shall meet on a regular basis as determined by the
membership, shall select its own officers and shall be subject to
Sections 52-4-1 through 52-4-10.]
C.] "Family Educational Rights and Privacy Act
" [ is a state statute, Sections 53A-13-301 and 53A-13-302,
that protects the privacy of students, their parents, and their
families, and supports parental involvement in the public education
of their children].
D.] "Human sexuality instruction or instructional
programs" means any course, unit, class, activity or
presentation that provides instruction or information to students
about sexual abstinence, human reproduction, reproductive anatomy,
physiology, pregnancy, marriage, childbirth, parenthood,
contraception, or HIV/AIDS and other sexually transmitted
diseases.[ While these topics are most likely discussed in such
courses as health education, health occupations, human biology,
physiology, parenting, adult roles, psychology, sociology, child
development, and biology, this rule applies to any course or class
in which these topics are the focus of discussion.]
E.] "Instructional [ M]aterials [ C]ommission" means [ an] advisory commission authorized under Section
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.] "Maturation education" means instruction and
materials used to provide fifth or sixth grade students with age
accurate information regarding the physical and
emotional changes associated with puberty, to assist in protecting
students from abuse and to promote hygiene and good health
H.] "Medically accurate" means verified or
supported by a body of research conducted in compliance with
scientific methods and published in journals that have received
peer-review, where appropriate, and recognized as accurate and
objective by professional organizations and agencies with expertise
in the relevant field, such as the American Medical
I.] "Parental notification form" means a form
developed by the [ USOE] and used exclusively by LEAs or[ Utah] public schools for parental notification of
subject matter identified in this rule.[ Students may not participate in human sexuality
instruction, maturation education, or instructional programs as
identified in R277-474-2D without prior affirmative parent/guardian
response on file. The form: (1) shall explain a parent's right to review proposed
curriculum materials in a timely manner; (2) shall request the parent's permission to instruct
the parent's student in identified course material related to
human sexuality or maturation education; (3) shall allow the parent to exempt the parent's
student from attendance for class period(s) while identified
course material related to human sexuality or maturation
education is presented and discussed; (4) shall be specific enough to give parents fair notice
of topics to be covered; (5) shall include a brief explanation of the topics and
materials to be presented and provide a time, place and contact
person for review of the identified curricular
materials; (6) shall be on file with affirmative parent/guardian
response for each student prior to the student's
participation in discussion of issues protected under Section
53A-13-101; and (7) shall be maintained at the school for a reasonable
period of time.]
J.] "Professional development" means training in
which Utah educators may participate to renew a license, receive
information or training in a specific subject area, teach in
another subject area or teach at another grade level.
K.] "Utah educator" means an individual such as
an administrator, teacher, counselor, teacher's assistant, or
coach, who is employed by a unit of the Utah public education
system and who provides teaching or counseling to students.
L.] "Utah Professional Practices Advisory Commission
(UPPAC)" means a Commission [ authorized] under 53A-6-301 and designated to review
allegations against educators and recommend action against
educators' licenses to the Board.[ M. "USOE" means the Utah State Office of
R277-474-3. General Provisions.
A.] The following may not be taught in Utah public schools
through the use of instructional materials, direct instruction, or
1]) the intricacies of intercourse, sexual stimulation or
2]) the advocacy of premarital or extramarital sexual
3]) the advocacy or encouragement of the use of contraceptive
methods or devices.
B.] Educators are responsible to teach the values and
information identified under Section 53A-13-101(4).
C.] Utah educators shall follow all provisions of federal
and state law including [ parent/guardian] notification and prior written parental consent
requirements [ under] Sections 76-7-322 and 76-7-323 [ in] teaching any aspect of human sexuality.
R277-474-4. State Board of Education Responsibilities.
A.] develop and provide professional development and
assistance with training for educators on law and rules specific to
human sexuality instruction and related issues.
B.] develop[ and provide] a parental notification form and
timelines for use by LEAs.
C.] establish a review process for human sexuality
instructional materials and programs using the [ I]nstructional [ M]aterials [ C]ommission and requiring final Board approval of the [ I]nstructional [ M]aterials [ C]ommission's recommendations.
D.] approve only medically accurate human sexuality
E.] receive and track parent and community complaints and
comments received from LEAs related to human sexuality
instructional materials and programs.
R277-474-5. LEA Responsibilities.
A.] [ Annually each] LEA shall require all newly hired or newly assigned Utah
educators with responsibility for any aspect of human sexuality
instruction to attend [ state-sponsored ]professional development
outlining the human sexuality curriculum and the criteria for human
sexuality instruction in any courses offered in the public
B.] [ Each] LEA
shall provide training consistent with
R277-474-5[ A] at least once during every three years of employment for
C.] [ Local school] board[ s and local charter boards] shall form
curriculum materials review committee[ s (committee)] at the
school level as [ follows:]
1]) [ The committee shall ]be organized consistent with
R277-474-2[ B][ .]
2]) [ Each committee shall ]designate a chair and
3]) [ The committee shall ]review and approve all guest
speakers and guest presenters and their respective materials
relating to human sexuality instruction in any course and
maturation education prior to their presentation[ s].
4]) The committee [ shall] not authorize the use of any human sexuality
instructional program or maturation education program not
approved by the Board[
approved consistent with R277-474-6[
approved under S ection 53A-13-101(1)(c)(ii).
5]) The district superintendent or charter school
administrator shall report educators who willfully violate the
provisions of this rule to the
investigation and possible discipline.
6]) [ The] LEA shall
us[ e] the common parental notification form or a form that
satisfies all criteria of the law and Board rules, and comply with
timelines approved by the Board.
7]) [ Each] LEA shall develop a logging and tracking system of
parental and community complaints and comments resulting from
student participation in human sexuality instruction, to include
the disposition of the complaints, and provide that information to
the [ USOE] upon request.
D.] If a student is exempted from course material required
by the Board-approved Core Standards consistent with S
ections 53A-13-101.2(1), (2) and (3), the school
1]) waive the participation requirement; or
2]) provide a reasonable alternative to the requirement.
Board or [
Board Adoption of Human Sexuality Education and Maturation
Education Instructional Materials.
[ local] board may adopt
instructional materials [ under] S
B.] [ M]aterials [ that are ]adopted
comply with the criteria of S ection 53A-13-101(1)(c)(iii) and:
1]) [ shall ]be medically accurate[ as defined in R277-474-2H.]
2]) [ shall ]be approved by a majority vote of the [ local board members or local charter board
members] present at a public meeting of the
3]) [ shall ]be available for reasonable review
opportunities to residents of the
district or parents[ /guardians] of charter school students prior to
consideration for adoption.
C.] [ The] LEA shall comply with the reporting requirement of S
The] report to the Board shall include:
1]) a copy of[ the] human sexuality instructional materials [ and] maturation education materials not approved by the
Instructional Materials Commission that the local board or local
charter board seeks to adopt;
2]) documentation of the materials' adoption in a public
3]) documentation that the materials or program meets the
medically accurate criteria [ of R277-474-2H];
4]) documentation of the recommendation of the materials by
the committee; and
5]) a statement of the local board's or local charter
board's rationale for selecting materials not approved by the [ I]nstructional [ M]aterials [ C]ommission.
D.] [ The local board's or local charter] board's adoption process for human
sexuality instructional materials and maturation education
materials shall include a process for annual review of the
R277-474-7. Utah Educator Responsibilities.
A.] Utah educators shall participate in training provided
B.] Utah educators shall use the common parental
notification form or a form approved by [ their employing] LEA, and
timelines approved by the Board.
C.] Utah educators shall individually record parent and
community complaints, comments, and the educators' responses
regarding human sexuality instructional programs.
D.] Utah educators may respond to spontaneous student
questions for the purposes of providing accurate data or correcting
inaccurate or misleading information or comments made by students
in class regarding human sexuality.
KEY: schools, sex education
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: September 13, 2017
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
(c)(ii)(B)]; 53A-1-401[ (3)]
More information about a Notice of Proposed Rule is available online.
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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 email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.