DAR File No. 42917

Education, Administration

Rule R277-614

Athletes and Students with Head Injuries

Notice of Proposed Rule

(Amendment)

DAR File No.: 42917
Filed: 05/14/2018 04:05:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has been amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies.

Summary of the rule or change:

This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of these changes are substantive.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This rule is not estimated to have aggregate anticipated cost or savings to the state budget because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for state budget.

local governments:

This rule is not estimated to have aggregate anticipated cost or savings to local governments because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for local governments.

small businesses:

This rule is not estimated to have aggregate anticipated cost or savings to small businesses because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for small businesses.

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

This rule is not estimated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There is no compliance costs for affected person.

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

These changes to Rule R277-614 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of the changes are substantive. Thus, these rule changes will not have a fiscal impact on local education agencies either. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

07/02/2018

This rule may become effective on:

07/09/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

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

 

*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

These changes to Rule R277-614 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because this rule deals with athletes and students with head injuries and thus does not require any expenditures of or generate any revenues for large businesses.

 

This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of these changes are substantive. Thus, this rule change will not have a fiscal impact on local education agencies either.

 

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.

R277-614. Athletes and Students with Head Injuries.

R277-614-[2]1. Authority and Purpose.

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

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

(b) Section 53E-3-401(4), which allows the Board to 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 direct LEAs under the general control and supervision of the Utah State Board of Education to adopt and enforce a head injury policy for students participating in physical education and extracurricular sporting events[as defined in the law, including notification to parents of the policy and receipt from parents of signed statements that parents understand and will support the LEA in the enforcement of the policy].

 

R277-614-[1]2. Definitions.

[A.](1) "Agent" [means a coach, teacher, school employee, representative or volunteer under Section]has the same meaning as described in Subsection 26-53-102(1).

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

[C.](2) "Free play" means unstructured student play, games and field days during school hours.

[D.](3) "LEA" [means a public school or a public charter school]includes for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[E.](4) "Parent" means a parent or legal guardian of a student for whom an LEA is responsible.

[F.](5) "Physical education class" means a structured [secondary ]school class [period ]that includes an adult supervisor.

[G.](6) "Sporting event" [means activities listed under Section 26-53-102(5) and includes games, classes, tryouts and activities that take place during the regular school day of public schools and activities sponsored by the public schools with exclusions provided in Section 26-53-102(5)(b)]has the same meaning as described in Subsection 26-53-102(5).

[H.](7) "Traumatic head injury" [means any of the signs, observed or self-reported, listed under Section]has the same meaning as described in Subsection 26-53-102(6).[

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

 

R277-614-3. [Board and USOE]Superintendent Responsibilities.

[A. The Board directs all LEAs to develop, pass, post on the LEAs' websites and make available to parents a traumatic head injury policy that meets the requirements of Section 26-53.

B.](1) The [USOE]Superintendent shall, in consultation with Utah State Risk Management, provide a model policy for LEAs to use in developing [their policies]the policy required in Section R277-614-4.[The model policy shall be available on the USOE website.]

[C.](2) The [USOE]Superintendent shall provide model forms for LEAs to use to inform parents of LEA policies and obtain parent signatures documenting the parents' understanding of and willingness to adhere to LEA policies.

[D.](3) The [USOE]Superintendent shall provide professional development, as needed and to the extent of funds available, to assist LEAs with training to:

(a) identify students' traumatic head injuries[, to];

(b) provide notice to parents; and

(c) [to ]comply with the law.

(4) The Superintendent shall make the resources required by this Section R277-614-3 available on the Board website.

 

R277-614-4. LEA Responsibilities.

[A. All LEAs are identified as amateur sports organizations for purposes of Section 26-53 and shall meet all requirements of the law.](1) An LEA shall comply with Title 26, Chapter 53, Protection of Athletes with Head Injuries Act, including all responsibilities of an amateur sports organization.

[B.](2) All LEAs shall adopt and maintain a traumatic head injury policy for students:

([1]a) participating in physical education classes, excluding free play[under Section 26-53-102(5)(b)(iii)], offered by the LEA; and

([2]b) participating in extracurricular activities sponsored by the LEA or statewide athletic associations[or both groups jointly].

[C.](3) An LEA's policy shall include:

([1]a) direction to agents to remove a student from a sporting event if the student is suspected of sustaining a concussion or a traumatic head injury;

([2]b) the prohibition of [a student's]the continued participation of a student removed under Subsection (3)(a) until the student is evaluated by a trained qualified health care professional;

([3]c) a written statement from a trained health care provider clearing [the]a student removed under Subsection (3)(a) to resume participation in a sporting event;

([4]d) adequate training for agents, consistent with their involvement and responsibility for supervising students in sporting events and physical education classes, about traumatic head injuries and response to suspected student injuries, consistent with the law; and

([5]e) a requirement of notice at least annually to parents of students who participate in sporting events, [including parents' signatures]to be acknowledged by a parent in writing, of an LEA's traumatic head injury policy.

[D.](4) An LEA shall post [its]the policy required under Subsection (2) on [a district/school or charter school]the LEA's website where the information will be readily accessible to the public and to parents.

 

KEY: athletes, head injuries

Date of Enactment or Last Substantive Amendment: [July 8, 2013]2018

Notice of Continuation: May 15, 2013

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