DAR File No. 42611

Education, Administration

Rule R277-610

Released-Time Classes and Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 42611
Filed: 02/15/2018 05:10:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change provides technical and conforming changes in accordance with the Rulewriting Manual for Utah and Board of Education (Board) policies for Released-Time Classes and Public Schools.

Summary of the rule or change:

This rule change provides technical and conforming changes in accordance with the Rulewriting manual for Utah and Board policies for Released-Time Classes and Public Schools.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Subsection 53E-3-401(4)
• Subsection 53E-3-501

Anticipated cost or savings to:

the state budget:

This rule change is not estimated to have a fiscal impact on the state budget, because the amendments to the rule provide technical changes.

local governments:

This rule change is not estimated to have a fiscal impact on local governments, because the amendments to the rule provide technical changes.

small businesses:

This rule change is not estimated to have a fiscal impact on small businesses, because the amendments to the rule provide technical changes.

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

This rule change is not estimated to have a fiscal impact persons other than small businesses, businesses, or local government entities, because the amendments to the rule provide technical changes.

Compliance costs for affected persons:

There are no compliance costs for affected person.

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

This rule change (R277-610) is not estimated to have a fiscal impact. It provides technical and conforming changes in accordance with the Rulewriting Manual for Utah and Board policies for Released-Time Classes and Public Schools.

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 [email protected]

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:

04/02/2018

This rule may become effective on:

04/09/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

The head of the Utah State Board of Education, Sydnee Dickson, has reviewed and approved this fiscal analysis.

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

 

This rule change (R277-610) is not estimated to have a fiscal impact. It provides technical and conforming changes in accordance with the Rulewriting Manual for Utah and Board policies for Released-Time Classes and Public Schools.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

R277. Education, Administration.

R277-610. Released-Time Classes and Public Schools.

R277-610-[2]1. Authority and Purpose.

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

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

(b) Subsection [53A-1-402(1)]53E-3-501 which directs the Board to adopt minimum standards for public schools[,]; and

(c) Subsection [53A-1-401][(3)]53E-3-401(4) which permits 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 specify standards and procedures for public schools regarding released-time classes.

 

R277-610-[1]2. Definitions.

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

[B.](1) "Non-entangling criteria" means neutral course instruction and standards that:

(a) are academic [not] as opposed to devotional;

(b) promote awareness [not] as opposed to acceptance of any religion;

(c) expose to [not] as opposed to [impose] imposing a particular view;

(d) educate about religion; and

(e) inform but not seek to make students conform to any religion.

[C.](2) "Released-time" means a period of time during the regular school day when a student attending a public school is excused from the school[,] at the request of the student's parent.

 

R277-610-3. Interaction Between Public Schools and Released-Time Classes.

[A.](1) A student [Students] may attend released-time classes during the regular school day only upon the written request of the student's parent or legal guardian.

[B.](2) A public school [shall] may not maintain records of attendance for released-time classes or use school personnel or school resources to regulate such attendance.

[C. ](3)(a) A teacher [Teachers] of a released-time class[es are] is not a member[s] of the public school faculty.

(b) A [R]released-time teacher[s] may participate in school activities as a community member[s].

[D.](4) A [P]public school teacher[s], administrator[s], or other official[s shall] may not request teachers of released-time classes to exercise functions or assume responsibilities for the public school program which would result in a commingling of the activities of the [two institutions] school and the released-time class sponsor.

[E.](5)(a) A [P]public school class schedule[s and] or course catalog[s shall] may not include a released-time class[es] by name.

(b) At the convenience of the school, a registration form[s] may contain a space for a released-time designation.

[F.](6) A [P]public school publication[s shall] may not include pictures, reports, or records of released-time classes.

[G.](7) Public school personnel [shall] may not participate in released-time classes during work hours.

(8) A [R]released-time class[es shall] may not use school resources or equipment.

 

R277-610-4. Additional Conditions for Religious Released-Time Programs.

[A.](1) A [R]religious class[es shall] may not be held in school buildings or on school property in any way that permits public money or property to be applied to, or that requires public employees to become entangled with, any religious worship, exercise, or instruction.

[B.](2) Religious released-time scheduling shall take place on forms and supplies furnished by the religious institution and by personnel employed or engaged by the institution and shall occur off public school premises.

[C.](3)(a) [There shall be no] A public school may not connect[ion of] bells, telephones, computers or other devices between public school buildings and institutions offering religious instruction , except as a convenience to the public school in the operation of its own programs.

(b) When any connection of devices is permitted, the costs shall be borne by the respective institutions.

[D.](4) Records of attendance at religious released-time classes, grades, marks, or other data [shall] may not be included in the correspondence or reports made by [the] a public school to parents.

[E.] (5)(a) Institutions offering religious instruction are private programs or schools separate and apart from the public schools.

(b) Those relationships that are legitimately exercised between the public school and any private school are appropriate with institutions offering released-time classes, so long as public property, public funds, or other public resources are not used to aid such institutions.

[F.](6) A [P]public school[s] may grant elective credit for religious released-time classes if the [school district] public school establishes neutral, non-entangling criteria with which to evaluate [all] the released-time courses.

 

KEY: released-time classes

Date of Enactment or Last Substantive Amendment: [May 16, 2013]2018

Notice of Continuation: [March 12, 2013]2018

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-402(1)]53E-3-501; [53A-1-401(3)]53E-3-401