DAR File No. 28811

Education, Administration

R277-474

School Instruction and Human Sexuality

NOTICE OF PROPOSED RULE

DAR File No.: 28811
Filed: 06/15/2006, 03:20
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendment to this rule deletes Section R277-474-8 and any language referring to that section. Because funding is no longer provided for teenage pregnancy prevention, the section on fund distribution and reporting is no longer necessary. Other changes make the rule consistent with state law.

Summary of the rule or change:

The amendment removes Section R277-474-8 of the rule and language is changed to make the rule consistent with state law.

State statutory or constitutional authorization for this rule:

Subsection 53A-13-101(1)(c)(ii)(B)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. When the state withdrew state funding for this specific program, the federal government also withdrew federal matching funds.

local governments:

There are no anticipated cost or savings to local government. Local boards of education have not received these funds for some years and no longer use or promote teenage pregnancy prevention programs with state or federal money.

other persons:

There are no anticipated cost or savings to other persons. Teenage pregnancy prevention programs disappeared with the funding.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Teenage pregnancy prevention programs disappeard with the funding.

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:

08/08/2006

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-474. School Instruction and Human Sexuality.

R277-474-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-13-101(1)(c)(ii)(B) which directs the Board to develop a rule to allow local boards to adopt human sexuality education materials or programs under Board rules[, Section 53A-17a-121 which directs the Board to distribute pregnancy prevention funds to districts,] and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purposes of this rule are:

(1) to provide requirements for the Board, school districts and individual educators consistent with legislative intent and the Board Resolution of March 14, 2000 which addresses instruction about and materials used in discussing human sexuality in the public schools;

(2) to provide a process for local boards to approve human sexuality instructional materials; and[

(3) to distribute teenage pregnancy prevention funds to school districts consistent with the law.]

R277-474-4. State Board of Education Responsibilities.

The Board shall:

A. develop and provide inservice programs and assistance with training for educators on law and rules specific to human sexuality instruction and related issues.

B. develop and provide a parental notification form and timelines for use by school districts.

C. establish a review process for human sexuality instructional materials and programs using the Instructional Materials Commission and requiring final Board approval of the Instructional Materials Commission's recommendations[ prior to use of those materials and programs in the public schools].

D. approve only medically accurate human sexuality instruction programs.

E. receive and track parent and community complaints and comments received from school districts related to human sexuality instructional materials and programs.

R277-474-5. School District Responsibilities.

A. Annually each school district shall require all newly hired or newly assigned Utah educators with responsibility for any aspect of human sexuality instruction to attend a state-sponsored inservice outlining the human sexuality curriculum and the criteria for human sexuality instruction in any courses offered in the public education system.

B. Each school district shall provide training consistent with R277-474-5A at least once during every three years of employment for Utah educators.

C. Local school boards shall form curriculum materials review committees (committee) at the district or school level as follows:

(1) The committee shall be organized consistent with R277-474-1B.

(2) Each committee shall designate a chair and procedures.

(3) The committee shall review and approve all guest speakers and guest presenters and their respective materials relating to human sexuality instruction in any course prior to their presentations.

(4) The committee shall not authorize the use of any human sexuality instructional program not previously approved by the Board, [or ]approved consistent with R277-474-6, or approved under Section 53A-13-101(1)(c)(ii).

(5) The district superintendent shall report educators who willfully violate the provisions of this rule to the Commission for investigation and possible discipline.

(6) The district shall use the common parental notification form or a form that satisfies all criteria of the law and Board rules, and comply with timelines approved by the Board.

(7) Each district shall develop a logging and tracking system of parental and community complaints and comments resulting from student participation in human sexuality instruction, to include the disposition of the complaints, and provide that information to the USOE upon request.

D. If a student is exempted from course material required by the Board-approved Core Curriculum, the parent shall take responsibility, in cooperation with the teacher and the school, for the student learning the required course material consistent with Sections 53A-13-101.2(1), (2) and (3).

R277-474-7. Utah Educator Responsibilities.

A. Utah educators shall participate in training provided under R277-474-5A.

B. Utah educators shall use the common parental notification form or a form approved by their employing school district, and timelines approved by the Board.

C. Utah educators shall individually record parent and community complaints, comments, and the educators' responses regarding human sexuality instructional programs.

D. Utah educators may respond to spontaneous student questions for the purposes of providing accurate data or correcting inaccurate or misleading information or comments made by students in class regarding human sexuality.

[R277-474-8. Teenage Pregnancy Prevention Fund Distribution and Reporting Requirements.

A. School districts shall complete a written application for pregnancy prevention funding and submit the application to the USOE Health Education Specialist.

B. The application shall:

(1) include the name of the school district and contact person;

(2) describe curriculum and materials selected;

(3) describe specifically how the program meets parental involvement criteria under Section 53A-17a-121(3)(b);

(4) summarize previous research findings that demonstrate the selected program or program components has been effective at increasing or improving knowledge, attitude, behaviors and behavioral intentions that promote abstinence from sexual activity prior to marriage and fidelity after marriage.

(5) include school district or county specific pregnancy data;

(6) include a process for review of teaching materials, multi-media materials, textbooks, and curriculum materials to be used in the program for medical accuracy and potential positive impact, by the committee;

(7) certify that all selected materials comply with Section 76-7-321 through Section 76-7-325 and Board Adopted Instructional Materials List available from the USOE Instructional Materials Specialist, or were approved through a local board adoption process consistent with R277-474-6.

C. Funds shall be awarded to school districts as follows:

(1) based on submission of a completed application to the USOE;

(2) using a formula which takes into account the enrollment of students in grades seven and ten on October 1 of the year previous to the one in which participation is sought who are enrolled in a health education course that teaches a curriculum of teenage pregnancy prevention as compared to the total number of students enrolled in such programs in school districts throughout the state;

(3) providing a minimum base of $10,000 to all school districts that submit completed applications.

D. Districts shall prepare and submit a year-end report that:

(1) details how funds were expended during the program period;

(2) identifies any program funds not obligated or expended;

(3) includes a request to carry forward any program funds not expended or obligated during the approved program period with a plan for expenditure of remaining program funds for USOE approval;

(4) provides for an internal or external evaluation or audit of the program if requested by the USOE.

]KEY: schools, sex education[, pregnancy prevention*]

Date of Enactment or Last Substantive Amendment: [December 5, 2001]2006

Notice of Continuation: August 15, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-13-101(1)(c)(ii)(B); 53A-1-401(3)

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

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.