DAR File No. 44126

Education, Administration

Rule R277-468

Parent/Guardian Review of Public Education Curriculum and Review of Complaint Process

Notice of Proposed Rule

(Amendment)

DAR File No.: 44126
Filed: 10/10/2019 04:26:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-468 is being amended to require local education agencies (LEAs) to include parents in curriculum material review.

Summary of the rule or change:

Rule R277-468 is being amended with formatting and technical corrections to comply with the rulewriting manual and language is being added for parental involvement with instructional material.

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. Staff have also made formatting and technical corrections to this rule and thus these rule changes 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. Staff have also made formatting and technical corrections to this rule and thus these rule changes will not have a fiscal impact.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. Staff have also made formatting and technical corrections to this rule and thus these rule changes will not have a fiscal impact.

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. Staff have also made formatting and technical corrections to this rule and thus these rule changes 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 they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies 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:

12/02/2019

This rule may become effective on:

12/09/2019

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 proposed rule changes are not expected to have any fiscal impacts 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.

R277-468. Parents [/Guardian] Review of Public Education Curriculum and Review of Complaint Process.

R277-468-1. 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; 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 direct an LEA to include parents in the adoption and review of an LEA's primary instructional materials including the review of complaints specific to curriculum materials.

 

R277-468-[1]2. Definitions.

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

B. "Instructional materials" means the same as the term is defined in Section 53E-4-401.[systematically arranged content in text or digital format which may be used within the state curriculum framework for grade levels or courses of study by students in public schools including text books, workbooks, computer software, online or Internet courses, CDs or DVDs and multiple forms of communication media. Such materials may be used by students or teachers or both as principal sources of study to cover any portion of the grade level or course. These materials:

(1) shall be designed for student use;

(2) may be accompanied by or contain teaching guides and study helps;

(3) shall include all text books, workbooks and student materials and supplements necessary for a student to fully participate in coursework; and

(4) shall be high quality, research-based and prove to be effective in supporting student learning.

C. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

D. "Parent or guardian" means the individual that establishes the residency of the child under Sections 53G-6-302, 53G-6-303, or 53G-6-402 or another applicable Utah guardianship provision.

E. "Primary instructional materials" means comprehensive or basal Core textbook or integrated instructional program for which a publisher seeks a recommendation for Core subjects as outlined in Sections R277-700-4, 5 or 6.

 

R277-468-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, Subsections 53E-3-401(1)(b) and (c) which require the Board to establish rules regarding competency levels, graduation requirements, school accreditation, curriculum and instruction requirements, and school libraries, and Subsection 53E-3-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to direct LEAs, consistent with the Board's responsibility to involve parents in the adoption and review of LEA primary instructional materials to support Utah Core Standards, and to include parents in reviewing complaints specific to primary curriculum materials.]

 

R277-468-3. [LEA Board Responsibilities]Parental Involvement with Instructional Material.

(1)[A.] [Each]An LEA shall involve parents , who have a student[s] who attend s [LEA schools]a school within the LEA, and instructional staff in the consideration of LEA-purchased instructional materials.

(2)[B.] [Each]An LEA shall include parents , who have a student who attends a school within the LEA, in reviewing complaints specific to [primary curriculum]instructional materials.

(3)[C.] An LEA[s] may seek assistance from parent organizations or associations or other groups to recruit and select parent members for the purposes described in subsection (1) and (2)[materials and complaint reviews].

 

R277-468-4. [USOE Responsibilities]Parental Involvement Resources.

[A.](1) [The USOE shall develop and make readily available to]An LEA[s] may request the Board provide the LEA [suggestions]resources for effective parent participation in the instructional materials review or complaint process[and the complaint review process].

[B.](2) [The USOE shall assist LEAs]An LEA may request the Board assist the LEA in policy development regarding parental involvement in the instructional materials review or complaint process[, upon request and to the extent of resources available].

 

KEY: parents [/guardian], committees, curriculum, complaints

Date of Enactment or Last Substantive Amendment: [March 10, 2015]2019

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