DAR File No. 29936

Education, Administration

R277-611

Medical Recommendations by School Personnel to Parents

NOTICE OF PROPOSED RULE

DAR File No.: 29936
Filed: 05/14/2007, 12:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the 2007 Legislature enacted H.B. 202, Medical Recommendations for Children, that specifically describes the process, making the rule unnecessary and confusing for educators. (DAR NOTE: H.B. 202 (2007) is found at Chapter 111, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

The rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-401(3) and 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. State law now provides similar language that makes the rule unnecessary.

local governments:

There are no anticipated costs or savings to local government. State law now provides similar language that makes the rule unnecessary.

other persons:

There are no anticipated costs or savings to other persons. State law now provides similar language that makes the rule unnecessary.

Compliance costs for affected persons:

There are no compliance costs for affected persons. State law now provides similar language that makes the rule unnecessary.

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:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

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:

07/02/2007

This rule may become effective on:

07/09/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

[R277-611. Medical Recommendations by School Personnel to Parents.

R277-611-1. Definitions.

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

B. "Health care professional" means a physician, physician assistant, nurse, dentist, or mental health therapist.

C. "Medication" means any medicine, whether over-the-counter or prescription.

D. "Parent" means a parent or guardian having legal custody of a minor child.

E. "School personnel" means any school district employee, including licensed, part-time, contract and non-licensed employees.

 

R277-611-2. 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-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Section 53A-1-402(1)(b) which directs the Board to adopt rules for student health and safety.

B. The purpose of this rule is to clarify for school personnel, parents and guardians the recommendations or directions that school personnel may make or give to parents or guardians about specific medications for their children.

 

R277-611-3. Appropriate Observations and Reporting by School Personnel to Parents/Guardians.

A. School personnel may provide information and observations to parents or guardians about their children. Such information or reports may include observations and concerns in the following areas:

(1) progress;

(2) health and wellness;

(3) social interactions;

(4) behavior;

(5) topics consistent with the Utah Family Educational Rights and Privacy Act, Section 53A-13-302(6).

B. School district employees may refer students to other appropriate school district personnel and agents, consistent with local board policy.

C. School personnel may consult or use appropriate health care professionals in the event of an emergency while the student is at school consistent with student emergency information provided at student enrollment.

D. School personnel shall report suspected child abuse consistent with Section 62A-4a-403.

E. School personnel shall comply with all applicable state and local Health Department laws, rules, and policies.

 

R277-611-4. Inappropriate Medical Recommendations by School Personnel.

A. School personnel shall not require that a student take or continue to take a specific medication as a condition for attending school.

B. School personnel shall not recommend a single specific health care professional or provider but may provide to a parent or guardian a list of two or more health care professionals or providers.

 

R277-611-5. Local School Board Policy.

A. Local school boards shall have a policy providing for training of appropriate school personnel on the provisions of this rule.

B. The policy shall also provide procedures for discipline of non-licensed school personnel consistent with local board policy, and licensed personnel consistent with local board policy and R686-103, Professional Practices and Conduct for Utah Educators, for school personnel who intentionally violate state law or this rule.

 

KEY: students, medical recommendations

Date of Enactment or Last Substantive Amendment: January 3, 2003

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(b)]