DAR File No. 44063

Education, Administration

Rule R277-475

Patriotic, Civic and Character Education

Notice of Proposed Rule

(Amendment)

DAR File No.: 44063
Filed: 09/13/2019 04:27:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Board of Education (Board) has proposed updates to Rule R277-475 in accordance with recent legislative changes in H.B. 387 and H.B. 140, Civic and Character Education Reports Amendments, passed in the 2019 General Session, which eliminates the Commission on Civic and Character Education (Commission).

Summary of the rule or change:

These rule changes remove provisions related to Commission because the Commission was repealed in H.B. 387 (2019). They also remove the reporting requirement to the Commission that was repealed by H.B. 140 (2019). Other changes are technical changes to bring this rule in like with the rulewriting manual style requirements.

Statutory or constitutional authorization for this rule:

• Section 53G-10-304
• Article X Section 3
• Subsection 53E-3-401(4)

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. This rule is being updated to reflect H.B. 140 (2019). This bill strikes the requirement for each school district and the State Charter School Board to submit to the Lieutenant Governor and the Commission a report summarizing how civic and character education are achieved in the schools. The Board will continue to report to the Education Interim Committee and now also to the Commission on Civic and Character Education. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact.

local governments:

These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule is being updated to reflect H.B. 140 (2019). This bill strikes the requirement for each school district and the State Charter School Board to submit to the Lieutenant Governor and the Commission a report summarizing how civic and character education are achieved in the schools. The Board will continue to report to the Education Interim Committee and now also to the Commission on Civic and Character Education on civic and character education. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact.

small businesses:

These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule provides direction for patriotic, civic, and character education programs in a local education agency (LEA) and thus does not apply to small businesses.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is being updated to reflect H.B. 140 (2019). This bill strikes the requirement for each school district and the State Charter School Board to submit to the Lieutenant Governor and the Commission a report summarizing how civic and character education are achieved in the schools. The Board will continue to report to the Education Interim Committee and now also to the Commission on Civic and Character Education. These rule changes make the corresponding changes to this rule along with technical and formatting changes, and thus will not have a fiscal impact.

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. These rule changes are not expected to have any fiscal impact 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. These rule changes have 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:

10/31/2019

This rule may become effective on:

11/07/2019

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. These rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and they do 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.

R277-475. Patriotic, Civic and Character Education.

R277-475-1. Authority and Purpose.

(1) This rule is authorized by:

(a) the Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board;

(b) Subsection 53E-3-401(4) which allows the Board to adopt rules in accordance with its responsibilities; and

(c) Section 53G-10-304 which directs the Board to provide a rule for a program of instruction within the public schools relating to the flag of the United States.

(2) The purpose of this rule is to provide direction for patriotic, civic and character education programs in an LEA.

 

R277-475-[1]2. Definitions.

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

[B.](1) "Character education" means the same as that term is defined in Subsection 53G-10-204(1)(a)[reaffirming values and qualities of character which promote an upright and desirable citizenry].

[C.](2) "Civic education" means the same as that term is defined in Subsection 53G-10-204(1)(b)[cultivation of informed, responsible participation in political life by competent citizens committed to the fundamental values and principles of representative democracy in Utah and the United States].

[D.](3) "LEA" [means a local education agency, including local school boards/public school districts, charter schools, and,]includes for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[E.](4) "Patriotic" means having love of and dedication to one's country.

[F.](5) "Patriotic education" means the educational and systematic process to help students identify, acquire, and act upon a dedication to one's country.

 

[R277-475-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board, by Section 53G-10-304, which directs the Board to provide a rule for a program of instruction within the public schools relating to the flag of the United States, and by Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide direction for patriotic education programs in the public schools.]

 

R277-475-3. Patriotic, Civic and Character Education.

(1) An LEA shall [teach]provide instruction for patriotic , civic and character education in the social studies curricula of kindergarten through grade twelve.

(2) [All educators]An LEA shall ensure an educator [shall have]has responsibility for patriotic, civic and character education taught in an integrated school curriculum and in the regular course of school work.

 

R277-475-4. School Responsibilities and Required Instruction.

[A.](1) An LEA shall:

(a) ensure that all p[P]atriotic, civic and character education programs [shall meet]are consistent with the requirements of Sections 53G-10-302, 53G-10-304, and 53G-10-204;[.

B. An LEA shall teach students the history of the flag, etiquette, customs pertaining to the display and use of the flag, and other patriotic exercises consistent with Subsection 53G-10-304(2).]

[C. The school shall](b) provide the setting and opportunities to teach [by example and role modeling ]patriotic values associated with the flag of the United States by example; and[.]

(c) make information about the flag, respect for the flag, and civility toward all during patriotic activities available on the LEA's website.

[D. The USOE shall, under the direction of the Board, provide guidelines for both elementary age students and secondary students about the flag and patriotic exercises.]

[E.](2) An LEA shall provide[I]instruction in United States history and government [shall]that includes the following:

([1]a) a study of forms of government including:

([a]i) a republic;

([b]ii) a pure democracy;

([c]iii) a monarchy; and

([d]iv) an oligarchy.

([2]b) political philosophies and economic systems including:

([a]i) socialism;

([b]ii) individualism; and

([c]iii) free market capitalism.

([3]c) the United States' form of government[,]: a compound constitutional republic; and[.]

(d) the flag of the United States and the Pledge of Allegiance to the Flag consistent with:

(i) Subsection 53G-10-304(2);

(ii) Section 76-9-601;

(iii) the plan of the social studies Core curriculum in grades kindergarten through six; and

(iv) Subsection 53G-10-304(3).

 

[R277-475-5. Requirements.

A. Education about the flag and the Pledge of Allegiance to the Flag shall be taught and modeled following the plan of the social studies Core Curriculum in grades kindergarten through six.

B. The Pledge of Allegiance to the Flag shall be recited by students at the beginning of each school day in each public school classroom in the state, consistent with Subsection 53G-10-304(3).

C. At least once a year students shall be instructed that:

(1) participation in the Pledge of Allegiance is voluntary and not compulsory;

(2) it is acceptable for an individual to choose not to participate in the Pledge of Allegiance for religious or other reasons; and

(3) students should show respect for individuals who participate and individuals who choose not to participate.

D. A public school teacher shall strive to maintain an atmosphere among students in the classroom that is consistent with the principles described in R277-475-5C.]

 

R277-475-[6]5. [Parental Responsibilities]Parental Notice of Pledge of Allegiance.

[A.](1) An LEA shall adequately notify students and parents of lawful exemptions to the requirement to participate in reciting the Pledge of Allegiance.

[B.](2) An [school]LEA may require an annual written request from a student's parent [or legal guardian ]if a student or the student's parent [or legal guardian ]requests that the student be excused from reciting the Pledge of Allegiance.

 

[R277-475-7. Civic Engagement.

A. A public school shall display IN GOD WE TRUST, the national motto of the United States, in one or more prominent places in each school building, consistent with Subsection 53G-10-302(6).

B. Civic and character education shall be achieved through an integrated school curriculum and in the regular course of school work.

C. Instruction in United States history and government shall be taught consistent with the Utah social studies core curriculum and Section 53G-10-302.

D. An LEA shall make information about the flag, respect for the flag and civility toward all during patriotic activities available on the LEA's website.

 

R277-475-8. Reporting Requirements.

A. The Board shall submit a report to the Education Interim Committee consistent with Subsection 53G-10-204(7).

B. Each school district and the State Charter School Board shall submit a report to the Lieutenant Governor and the Commission on Civic and Character Education consistent with Subsection 53G-10-204(6).]

 

KEY: curricula, patriotic education, civic education, character education

Date of Enactment or Last Substantive Amendment: [June 8, 2015]2019

Notice of Continuation: May 1, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53G-10-304; 53E-3-401(4)