DAR File No. 43787

Education, Administration

Rule R277-322

LEA Codes of Conduct

Notice of Proposed Rule

(New Rule)

DAR File No.: 43787
Filed: 06/11/2019 03:55:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2019 General Session, H.B. 391, Modifications to Governmental Immunity Provisions, passed which requires the Utah State Board of Education (Board) to create a model "appropriate behavior policy" (model policy). Rule R277-517 is being repealed and the information is being moved into this proposed rule, R277-322, and will include provisions required in H.B. 391 and the model "appropriate behavior policy" previously found in Rule R277-517. (EDITOR'S NOTE: The proposed repeal of Rule R277-517 is under Filing No. 43790 in this issue, July 1, 2019, of the Bulletin.)

Summary of the rule or change:

Rule R277-517 is being repealed and the information is moved to this proposed rule, R277-322, and will include provisions required in H.B. 391 (2019), including provisions related to the Board's model "appropriate behavior policy".

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

Rule R277-322 is created from Rule R277-517 and it includes provisions required in H.B. 391 (2019). This new rule replaces the term "code of conduct" with "appropriate behavior policy" which is defined in statute (H.B. 391). This rule also requires the Board to create a model appropriate behavior policy. However, this requirement comes directly from the legislation so any fiscal impact regarding staff time to create the model policy is a result of this statutory change and not this rule. Thus, this proposed rule is not expected to have a fiscal impact on state government revenues or expenditures.

local governments:

Rule R277-322 is created from Rule R277-517 and it includes provisions required in H.B. 391 (2019). This new rule replaces the term "code of conduct" with "appropriate behavior policy" which is defined in statute (H.B. 391). This rule also requires the Board to create a model appropriate behavior policy. This proposed rule is not expected to have a fiscal impact on local governments' revenues or expenditures because local education agencies (LEA) were already required to adopt a code of conduct. They may have to modify their policy, but this change is a result of the statutory change and not this new rule.

small businesses:

This proposed rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to LEA behavior policies and thus does not apply to small businesses.

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

This proposed rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to LEA behavior policies and thus does not apply to other individuals.

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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This proposed rule has no fiscal impact on LEAs and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

07/31/2019

This rule may become effective on:

08/07/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-322. LEA Codes of Conduct.

R277-322-1. Authority and Purpose.

(1) This rule is authorized by:

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

(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; and

(c) Section 63G-7-301, which requires the Board to create a model policy that regulates behavior of a school employee toward a student.

(2) The purpose of this rule is to require LEAs to create a code of conduct/appropriate behavior policy applicable to the LEA's staff.

 

R277-322-2. Definitions.

(1) "Boundary violation" means the same as that term is defined in R277-515.

(2) "Staff" or "staff member" means an employee, contractor, or volunteer with unsupervised access to students.

(3) "Sexual conduct" means any sexual contact or communication between a staff member and a student, including:

(a) "sexual abuse" as defined in Section 76-5-404.1;

(b) "sexual battery" as defined in Section 76-9-702.1; or

(c) a staff member and student sharing any sexually explicit or lewd communication, image, or photograph.

 

R277-322-3. Required Code of Conduct Policy

(1) The Superintendent shall create a model code of conduct/appropriate behavior policy.

(2) Each LEA shall adopt a code of conduct/appropriate behavior policy applicable to the LEA's staff.

(3) An LEA's code of conduct/appropriate behavior policy, adopted pursuant to Subsection (2), may not be less stringent than the model code of conduct/appropriate behavior policy described in Subsection (1) and shall include, at a minimum:

(a) a statement that a staff member should avoid boundary violations, as defined in Rule R277-515, with students;

(b) a statement that a staff member may not subject a student to:

(i) physical abuse;

(ii) verbal abuse;

(iii) sexual abuse; or

(iv) mental abuse;

(c) a statement that a staff member shall report any suspected incidents of:

(i) physical abuse;

(ii) verbal abuse;

(iii) sexual abuse;

(iv) mental abuse; or

(v) neglect;

(d) a statement that a staff member may not touch a student in a way that makes a reasonably objective student feel uncomfortable;

(e) a statement that a staff member may not participate in sexual conduct with a student;

(f) a statement regarding appropriate verbal or electronic communication between a staff member and a student;

(g) a statement regarding providing gifts, special favors, or preferential treatment to a student or group of students;

(h) a statement that a staff member shall not discriminate against a student on the basis of sex, race, religion, or any other prohibited class;

(i) a statement regarding appropriate use of electronic devices and social media for communication between a staff member and a student;

(j) a statement regarding use of alcohol, tobacco, and illegal substances during work hours and on school property;

(k) a statement that a staff member is required to:

(i) report any suspicion of child abuse or bullying to the proper authorities;

(ii) annually read and sign all policies related to identifying, documenting, and reporting child abuse; and

(iii) for an employee or contractor, annually attend abuse prevention training required in Section 53G-9-207; and

(3) An LEA shall post the LEA's code of conduct/appropriate behavior policy adopted pursuant to Subsection (2) on the LEA's website.

(4) An LEA shall annually provide training to staff regarding the policy, including the staff member's responsibility to report and how to report:

(a) known violations of the LEA's code of conduct/appropriate behavior policy; and

(b) known violations of the Utah Educator Standards contained in R277-515.

(5) A staff member shall annually sign a statement acknowledging that the staff member has read and understands the code of conduct/appropriate behavior policy.

 

KEY: codes of conduct, appropriate behavior, employee conduct

Date of Enactment of Last Substantive Amendment: 2019

Authorizing, and Implemented, or Interpreted Law: Art X Sec 3; 53E-3-401(4); 63G-7-301