DAR File No. 43512

Education, Administration

Rule R277-400

School Facility Emergency and Safety

Notice of Proposed Rule

(Amendment)

DAR File No.: 43512
Filed: 02/11/2019 01:31:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

State Board of Education (Board) Rule R277-400 is being amended to incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee.

Summary of the rule or change:

In Section R277-400-5, the following language is added: "A school official may release a student who is 15 years old or older without such notification if authorized by the LEA or school and the school official".

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs.

local governments:

These rule changes are not expected to have any material impact on local governments' revenues or expenditures because they establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs.

small businesses:

These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because they establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs.

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

These rule changes are not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because they establish general criteria for both Emergency Preparedness and Emergency Response plans required of schools and LEAs in the event of school emergencies, and incorporate stakeholder feedback including suggestions made by the Board's School Safety Advisory Committee. Requirements already exists for LEAs.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. 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 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:

04/01/2019

This rule may become effective on:

04/08/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

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.

R277-400. School Facility Emergency and Safety.

R277-400-1. Authority and Purpose.

(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; and

(b) Subsection 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.

(2) The purpose of this rule is to:

(a) establish general criteria for emergency preparedness and emergency response plans; and

(b) direct an LEA[s] to:

(i) develop prevention, intervention, and response measures; and

(ii) prepare staff and students to respond promptly and appropriately to school emergencies.

 

R277-400-2. Definitions.

(1) "Emergency" means a natural or man-made disaster, accident, act of war, or other circumstance that could reasonably endanger the safety of school children or disrupt the operation of the school.

(2) "Emergency Preparedness Plan" means policies and procedures developed to promote the safety and welfare of students, protect school property, or regulate the operation of schools during an emergency occurring within an LEA or a school.

(3) "Emergency Response Plan" means a plan developed by an LEA or a school to prepare and protect students and staff in the event of school violence emergencies.

(4) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(5) "Plan(s)" means an LEA's or a school's emergency preparedness and emergency response plan.

 

R277-400-3. Establishing LEA Emergency Preparedness and Emergency Response Plans.

(1) By July 1 of each year, [each]an LEA shall certify to the Superintendent that the LEA's emergency preparedness and emergency response plan has been:

(a) practiced at the school level; and

(b) presented to and reviewed by its teachers, administrators, students and guardians[their parents], local law enforcement, and public safety representatives consistent with Subsection 53G-4-402(18).

(2) An LEA shall reference the LEA's Emergency Response plan [A]as [a ]part of an LEA's annual application for state or federal Safe and Drug Free School funds .[, the LEA shall reference its Emergency Response plan.]

(3)(a) An LEA's plans shall be designed to meet individual school needs and features.

(b) An LEA may direct schools within the LEA to develop and implement individual plans.

(4)(a) An LEA shall appoint a committee to prepare or modify plans [or modify existing plans ]to satisfy this Rule R277-400 and Section 53G-4-402(18).

(b) The committee shall consist of appropriate school and community representatives, which may include:

(i) school and LEA administrators;

(ii) teachers;

(iii) parents;

(iv) community and municipal governmental officers; and

(v) fire and law enforcement personnel.

(c) The committee shall include governmental agencies and bodies vested with responsibility for directing and coordinating emergency services on local and state levels.

(5) An LEA shall review plans [required this rule ]at least once every three years.

(6) The Superintendent shall develop Emergency Response Plan models under Subsection 53G-4-402(18)(c).

 

R277-400-4. Notice and Preparation.

(1) Each school shall file a copy of plans required by this Rule R277-400 with the LEA superintendent or charter school director.

(2) At the beginning of each school year, an LEA or school shall [send or ]provide [online ]a written notice to parents and staff of sections of an LEA's and school's plans[, which] that are applicable to that school.

(3)[(a)] A school shall designate an Emergency Preparedness/Emergency Response week each year before[prior to] April 30 [of each school year]which shall have activities that may include:[.]

[(b) An LEA shall offer appropriate activities, such as]

(a) community, student[,] and teacher awareness;[, or]

(b) emergency preparedness or response training; or[,]

(c) [including those] other activities as outlined in Sections R277-400-7 and 8[, during the week].

(4) A school's emergency response plan shall include procedures to notify students, to the extent practicable, who are off campus at the time of a school violence emergency consistent with Subsection 53G-4-402(18)(b)(v).

 

R277-400-5. Plan Content--Educational Services and Student Supervision and Building Access.

(1) An LEA's or a school's plan shall [contain measures that assure that]include:

(a) procedures to ensure [school children receive ]reasonably adequate educational services and supervision are provided for[during school hours] during an emergency [and for education services ]including an extended emergency situation[.];

[(2)](b) [An LEA plan shall include ]evacuation procedures that [assure]provide reasonable care and supervision of [children] a student until the student is released to a responsible party.[until responsibility has been affirmatively assumed by another responsible party.]

[(a)](i) An LEA or school shall not release [children]a student who is under 15 years old [younger than ninth grade age at other than regularly scheduled release times ]unless a parent or other responsible person has been notified and assumed responsibility for the [children]student.

[(b)](ii) [An LEA or school may release an older student without such notification if a school official determines that]A school official may release a student who is 15 years old or older without such notification if authorized by the LEA or school and the school official determines:

(A) the student is reasonably responsible; and

(B) notification is not practicable.

[(3)(a) An LEA plan,](c)(i) as determined by a local board or governing authority[the LEA board], procedures regarding[shall address] access to public school buildings by:

[(i)](A) students;

[(ii)](B) community members;

[(iii)](C) lessees;

[(iv)](D) invitees; and

[(v)](E) others.

[(b)](ii) [An LEA access plan]procedures regarding access:

[(i)](A) may include restricted access for some individuals;

[(ii)](B) shall address building access during identified time periods; and

[(iii)](C) shall address possession and use of school keys by designated administrators and employees.

[(4)](d) [An LEA's or school's plan shall identify ]resources and materials available for emergency training for an LEA's employees.

 

R277-400-6. Emergency Preparedness Training for School Occupants.

(1) An LEA's or a school's [emergency preparedness and emergency response ]plan shall provide procedures for a student to[contain measures which assure that school children] receive age appropriate emergency preparedness training[.]including:

[(2) LEAs shall provide school children with training appropriate to their ages in](a) rescue techniques[,];

(b) first aid[,];

(c) safety measures appropriate for specific emergencies[,]; and

(d) other emergency skills.

[(3)](2) During each school year, an elementary school[s] shall conduct emergency drills at least once each month during school time.

[(4)](3) An LEA[s] shall alternate one of the following practices or drills with required fire drills:

(a) shelter in place;

(b) earthquake;

(c) lock down or lock out for violence;

(d) bomb threat;

(e) civil disturbance;

(f) flood;

(g) hazardous materials spill;

(h) utility failure;

(i) wind or other types of severe weather;

(j) parent and student reunification;

(k) shelter and mass care for natural and technological hazards; or

(l) an emergency drill appropriate for the particular school location.

[(5)](4)(a) Fire drills shall include the complete evacuation of all persons from the school building or the portion of the building used for educational purposes.

(b) An LEA or a school may make an exception for the staff member responsible for notifying the local fire emergency contact and handling emergency communications.

[(6)](5) [All schools]Each school shall have one fire drill in the first 10 days of the regular school year and one fire drill every other month during the school year.

[(7) Elementary schools (grades K-6) shall have at least one fire drill every other month throughout the school year.

(8)](6) A secondary school shall conduct all drills [I]in accordance with Section 15A-5-202.5[, a secondary school (grades 7-12) shall have:

(a) at least one fire drill every two months throughout the school year; and

(b) one fire drill in the first 10 days of after the beginning of classes.]

[(9)](7) [When required by the local fire chief,(an)]An LEA shall notify the local fire department prior to each fire drill if notice is required by the local fire chief.

[(10)](8) When a fire alarm system is provided, an LEA shall initiate by activation of the fire alarm system.

[(11)](9) Schools that include both elementary and secondary grades in the school shall comply[, at a minimum,] with the elementary emergency drill requirements.

[(12)](10) In cooperation with the LEA's local law enforcement agency, an LEA shall:

(a) establish a parent and student reunification plan for each school within the LEA;

(b) as part of the LEA's registration and enrollment process, annually provide parents a summary of parental expectations and notification procedures related to the LEA's parent and student reunification plan; and

(c) require each school within the LEA to publish the information described in Subsection (12)(b) on the school's website.

 

R277-400-7. Emergency Response Review and Coordination.

(1) For purposes of emergency response review and coordination [A]an LEA shall:

(a) provide an annual training for LEA and school building staff [on]regarding an employee's['] roles, responsibilities , and priorities in the emergency response plan.

[(2) An LEA shall](b) require a school[s] to conduct at least one annual drill for school emergencies in addition to the drills required under Section 15A-5-202.5 and R277-400-6 by[, which shall be held no later than] October 1[annually].

[(3) An LEA shall](c) require a school[s] to review existing security measures and procedures within the[ir] school[s] and make necessary adjustments as funding permits[as needs demonstrate and funds are available].

[(4) An LEA shall](d) develop standards and protections [to the extent practicable ]for participants and attendees at school-related activities, [with special attention to those]especially school-related activities off school property.

[(5)](2) An LEA or school shall coordinate with local law enforcement and other public safety representatives in appropriate drills for school safety emergencies.

 

R277-400-8. Prevention and Intervention.

(1) An LEA shall provide a school[s, as part of their regular curriculum,] comprehensive violence prevention and intervention strategies as part of a school's regular curriculum including:[, such as]

(a) resource lessons and materials on anger management[,];

(b) conflict resolution[,]; and

(c) respect for diversity and other cultures.

(2) As part of a violence prevention and intervention strategy in subsection (1), a school may provide age-appropriate instruction on firearm safety including appropriate steps to take if a student sees a firearm or facsimile in school.

(3) An LEA shall also develop[, to the extent resources permit,] student assistance programs[, such as]including:

(a) care teams[,];

(b) school intervention programs[,]; and

(c) interagency case management teams.

(4) In developing student assistance programs, an LEA [should]may coordinate with [and seek support from ]other state agencies and the Superintendent.

 

R277-400-9. Cooperation With Governmental Entities.

(1) As appropriate, an LEA may enter into cooperative agreements with other governmental entities to [assure]establish proper coordination and support during emergencies.

(2)(a) An LEA shall cooperate with other governmental entities[, as reasonably feasible,] to provide emergency relief services.

(b) An LEA's or a school's plans [required by this rule ]shall contain procedures for assessing and providing the following for public emergency needs:

(a) school facilities[,];

(b) equipment[,]; and

(c) personnel[ to meet public emergency needs].

(3) A plan [developed under this rule ]shall delineate communication channels and lines of authority within the LEA, city, county, and state.

(a) The [s]Superintendent, is the chief officer for emergencies involving more than one LEA, or for state or federal assistance; and

(b) A local governing board, through its superintendent or director, is the chief officer for an LEA emergencies.

 

R277-400-10. Fiscal Accountability.

(1) An LEA or a school plan [required under this rule ]shall address procedures for recording an LEA's funds expected for:

(a) emergencies[,];[ for]

(b) assessing and repairing damage[,]; and[ for]

(c) seeking reimbursement for emergency expenditures.

 

R277-400-11. School Carbon Monoxide Detection.

(1) A new educational facility shall have a carbon monoxide detection system installed consistent with International Fire Code (IFC), Chapter 9, Sections [908.7.2.1]915 through [908.7.2.6.]915.4.5

(2) An existing educational facility shall have a carbon monoxide detection system installed consistent with International Fire Code (IFC), Chapter 11, Section 1103.9.

(3) Where required, an LEA shall provide a carbon monoxide detection system where a fuel-burning appliance, a fuel-burning fireplace, or a fuel-burning forced air furnace is present consistent with IFC [908.7.2.1.]915.1.

(4) An LEA shall install each carbon monoxide detection system consistent with NFPA 720 and the manufacturer's instructions, and listed systems as complying with UL 2034 and UL 2075.

(5) An LEA shall install each carbon monoxide detection system in the locations specified in NFPA 720.

(6) A combination carbon monoxide[/] smoke detector is an acceptable alternative to a carbon monoxide detection system if the combination carbon monoxide/smoke detector is listed consistent with UL 2075 and UL 268.

(7)(a) Each carbon monoxide detection system shall receive primary power from the building wiring if the wiring is served from a commercial source.

(b) If primary power is interrupted, a battery shall provide each carbon monoxide detection system with power.

(c) The wiring for a carbon monoxide detection system shall be permanent and without a disconnecting switch other than that required for over-current protection.

(8) An LEA shall maintain all carbon monoxide detection systems consistent with IFC [908.7.2.5]915 and NFPA 720.

(9) Performance-based alternative design of carbon monoxide detection systems is acceptable consistent with NFPA 720, Section [6.5.4.5]6.5.5.6.

(10) An LEA shall monitor carbon monoxide detection systems remotely consistent with NFPA 720.

(11) An LEA shall replace a carbon monoxide detection system that becomes inoperable or begins to produce end-of-life signals.

 

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education

Date of Enactment or Last Substantive Amendment: [October 16, 2018]2019

Notice of Continuation: February 13, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)