DAR File No. 28810

Education, Administration

R277-609

Standards for School District Discipline Plans

NOTICE OF PROPOSED RULE

DAR File No.: 28810
Filed: 06/15/2006, 03:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to require school districts/charter schools to define, prohibit, and intervene in bullying. This requirement should include policy review, awareness, intervention strategies, and training specific to aggression.

Summary of the rule or change:

The amendment provides a definition of bullying, updates authority and purpose, provides for bullying language in the District and School Plans section, and removes outdated language.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-402(1)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. The amendments do not require the use of any resources at the state level.

local governments:

There may be some costs for school districts to develop, amend, and then implement existing policies. Any costs can be handled within existing budgets.

other persons:

There are no anticipated cost or savings to other persons. The amendments to the rule require school district implementation--not individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments to the rule require school district implementation--not individuals.

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

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-609. Standards for School District Discipline Plans.

R277-609-1. Definitions.

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

B. "Bullying" means behavior that:

(1) is intended to cause harm or distress;

(2) exists in a relationship in which there is an imbalance of power; and

(3) may be repeated over time.

[A]C. "Discipline" means:

(1) Imposed discipline: Code of conduct prescribed for the highest welfare of the individual and of the society in which the individual lives; and

(2) Self-Discipline: A personal system of organized behavior designed to promote self-interest while contributing to the welfare of others.

R277-609-2. Authority and Purpose.

A. This rule is authorized [under]by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which [permits]allows the Board to adopt rules in accordance with [the Board's]its responsibilities, and Section 53A-1-402(1)(b) which [permits]requires the Board to [adopt]establish rules concerning discipline and control[, Section 53A-11-103(3) which requires the Board to adopt a uniform fee schedule for truancy citations, and 53A-17a-135(4) which directs districts to adopt discipline plans to qualify for state funding].

B. The purpose of this rule is to [specify the standards]define bullying and outline requirements for school discipline plans and policies which school districts and charter schools [must be met in order]shall meet to qualify for [state education funds]funding.

R277-609-3. District and School Plans.

A. Each school district shall develop and implement a [B]board approved comprehensive district plan for school discipline. The plan shall include:

(1) goals and objectives, giving special emphasis to the teaching and practice of self-discipline[ and], citizenship skills, and social skills;

(2) an evaluation process whereby the goals and objectives are assessed annually;

(3) an ongoing staff development program related to student self-discipline[ and], good citizenship, and social skills;

(4) policies and procedures relating to the use and abuse of alcohol and controlled substances[,]; and

[(5) procedures for issuing truancy citations allowed under Section 53A-11-103 if the district's board of education authorizes truancy citations. The plan shall contain provisions to assure that any fee assessed with a truancy citation is in accordance with the current uniform fee schedule adopted by the Board.](5) policies to define, prohibit, and intervene in bullying, including the requirement of awareness and intervention strategies, including training for social skills, for students and school staff. The policies shall:

(a) provide training specific to overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name calling, or both physical and verbal aggression or threatening behavior;

(b) provide training specific to relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation;

(c) provide training specific to cyber bullying, including use of email, web pages, text messaging, instant messaging, three-way calling or messaging or any other electronic means for aggression inside or outside of school;

(d) provide for student assessment of the prevalence of bullying in schools/school district, specifically locations where students are unsafe and additional adult supervision may be required, such as playgrounds, hallways, and lunch areas;

(e) complement existing safe and drug free school policies and school harassment and hazing policies;

(f) include strategies for providing students and staff, including aides, paraprofessionals, and coaches, with awareness and intervention skills such as social skills training;

(g) include strategies to provide for necessary adult supervision;

(h) be clearly written and consistently enforced;

(g) include parents, community council and other community members in policy development, training and prevention implementation.

B. Each school district and school shall develop written standards for behavior and class and school management, including consequences for appropriate and inappropriate behavior. The standards [are]shall be developed by administration, instruction and support staff, students, parents, and community members in such a manner as to create widespread understanding and a sense of participation, ownership, support, and responsibility.

C. All discipline policies and procedures, including notice to parents and students and student due process, [must]shall be in accordance with the law.

R277-609-4. Intervention.

A continuum of intervention strategies [must]shall be made available to assist students whose behavior in school is repeatedly short of reasonable expectations. Earnest and persistent effort shall be made to resolve individual discipline problems within the least restrictive school setting.

[R277-609-5. Truancy Citation Uniform Fee Schedule.

A. The Board's uniform fee schedule for truancy citations consists of 5 levels. As the number of the level increases, so does the permitted maximum fee assessment. The maximum fee assessment which may be required of a student is calculated by determining the level for that student and the current base value and increment value adopted by the Board. The value of the base and the increment are subject to change by the Board.

TABLE

LEVEL   CITATION       MAXIMUM FEE ASSESSMENT PERMITTED



1       First          Warning

2       Second         Base

3       Third          Base + 1 Increment

4       Fourth         Base + 2 Increments

5       Fifth or More  Base + 3 Increments

B. The Board shall develop operational and maximum fee assessment guidelines to accompany the uniform fee schedule.

]KEY: disciplinary actions[, truancy]

[1988]2006

Notice of Continuation: August 10, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)[(b)]; [53A-11-103; 53A-11-103(3); 53A-17a-135(4)]53A-3-602.5

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.