DAR File No. 30847

Education, Administration

R277-609

Standards for School District Discipline Plans

NOTICE OF PROPOSED RULE

DAR File No.: 30847
Filed: 12/14/2007, 01:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide guidance to school districts and charter schools as they incorporate language regarding disruptive students into their school discipline plans as required by H.B. 286, 2007 Legislative General Session. (DAR NOTE: H.B. 286 (2007) is found at Chapter 161, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

The rule provides new definitions; defines appropriate staff training; broadens the range of staff to be trained; requires training about bullying; and requires parent and guardian notification of students' disruptive behavior.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3) and Section 53A-11-901

Anticipated cost or savings to:

the state budget:

There are no anticipating cost or savings to the state budget. Any changes or revisions have to be made at the local level.

local governments:

There may be some cost to school districts and charter schools for training staff regarding student disruptive behavior, student bullying, intervention strategies, and notification of parents for disruptive student behavior. School districts and charter schools will perform required responsibilities with existing funds.

small businesses and persons other than businesses:

There are no anticipated cost or savings to small business AND persons other than businesses. All costs related to these amendments will be borne by local school boards and charter schools. There will be no costs for individuals or businesses.

Compliance costs for affected persons:

Any required costs to comply with the requirements of this rule will be absorbed within existing funds by school districts and charter schools as they train staff and implement the rule.

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

There is 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:

01/31/2008

This rule may become effective on:

02/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-609. Standards for School District, School and Charter School Discipline Plans.

R277-609-1. Definitions.

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.

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.

D. "Disruptive student behavior" includes:

(1) the grounds for suspension or expulsion described in Section 53A-11-904; and

(2) the conduct described in Section 53A-11-908(2)(b).

E. "Plan" means a school district-wide and school-wide written model for prevention and intervention for student behavior management and discipline procedures for students who habitually disrupt school environments and processes.

F. "Qualifying minor" means a school-age minor who:

(1) is at least nine years old; or

(2) turns nine years old at any time during the school year.

G. "USOE" means the Utah State Office of Education.

 

R277-609-2. 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 allows the Board to adopt rules in accordance with its responsibilities, [and ]Section 53A-1-402(1)(b) which requires the Board to establish rules concerning discipline and control, and Section 53A-11-901 which directs local school boards and charter school governing boards to adopt conduct and discipline policies and directs the Board to develop model policies to assist local school boards and charter school governing boards.

B. The purpose of this rule is to define bullying and outline requirements for school discipline plans and policies which school districts and charter schools shall meet to qualify for funding.

 

R277-609-3. School District[ and], School and Charter School Responsibility to Develop Plans.

A. Each school district, or school and each charter school shall develop and implement a board approved comprehensive school district, school or charter school plan or policy for student and classroom management, and school discipline. The plan shall include:

(1) the definitions of Section 53A-11-910;

(2) written standards for student behavior expectations, including school and classroom management;

(3) effective instructional practices for teaching student expectations, including[

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

(4) systematic methods for reinforcement of expected behaviors and uniform methods for correction of student behavior;

(5) uniform methods for at least annual school level data-based[

(2) an] evaluations of efficiency and effectiveness[ process whereby the goals and objectives are assessed annually];

([3]6) an ongoing staff development program related to [student self-discipline, good citizenship, and social skills]development of student behavior expectations, effective instructional practices for teaching and reinforcing behavior expectations, effective intervention strategies, and effective strategies for evaluation of the efficiency and effectiveness of interventions;

([4]7) policies and procedures relating to the use and abuse of alcohol and controlled substances by students;[ and]

([5]8) policies to define, prohibit, and intervene in bullying, including the requirement of awareness and intervention strategies, including training for social skills, for students, parents, and school staff. The policies shall:

(a) provide for 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 for 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 for 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 school[s/school] districts, schools and charter schools, 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; and

(f) include strategies for providing students and staff, including aides, custodians, kitchen and lunchroom workers, secretaries, paraprofessionals, and coaches, with awareness and intervention skills such as social skills training[;].

B. The plan shall also provide direction to school districts for dealing with disruptive students. This part of the plan shall:

(1) direct schools to determine the range of behaviors and establish the continuum of administrative procedures that may be used by school personnel to address the behavior of habitually disruptive students;

(2) provide for identification, by position(s), of individual(s) designated to issue notices of disruptive student behavior; and

(3) provide for documentation of disruptive student behavior prior to referral of disruptive students to juvenile court.

C. School district or school plans or sections of plans, including directives about bullying and disruptive students, shall also:

([g]1) include strategies to provide for necessary adult supervision;

([h]2) be clearly written and consistently enforced; and

([g]3) include administration, instruction and support staff, students, parents, community council and other community members in policy development, training and prevention implementation so as to create a community sense of participation, ownership, support and responsibility.[

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 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, shall be in accordance with the law.]

 

R277-609-4. [Intervention]Implementation.

A. School districts, schools and charter schools shall implement strategies and policies consistent with their plans.

B. School districts, schools and charter schools shall develop, use and monitor [A]a continuum of intervention strategies[ shall be made available] to assist students whose behavior in school [is]falls repeatedly short of reasonable expectations[. Earnest and persistent effort shall be made to resolve individual discipline problems within the least restrictive school setting.], including teaching student behavior expectations, reinforcing student behavior expectations, re-teaching behavior expectations, followed by effective, evidence-based interventions matched to student needs prior to administrative referral.

C. As part of any suspension or expulsion process that results in court involvement, once a school district, school or charter school receives information from the courts that disruptive student behavior will result in court action, the school district, school or charter school shall provide a formal written assessment of habitually disruptive students. Assessment information shall be used to connect parents and students with supportive school and community resources.

D. Nothing in state law or this rule restricts local districts/charter schools from implementing policies to allow for suspension of students of any age consistent with due process and with all requirements of Individuals with Disabilities Education Act 2004.

 

R277-609-5. Parent/Guardian Notification and Court Referral.

A. Through school administrative and juvenile court referral consequences, school district, and school and charter school policies shall provide procedures for qualifying minors and their parents to participate in decisions regarding consequences for disruptive student behavior.

B. Policies shall provide for notice to parents and information about resources available to assist parents in resolving school-age minors' disruptive behavior.

C. Policies shall provide for notices of disruptive behavior to be issued by schools to qualifying minor(s) and parent(s) consistent with:

(1) numbers of disruptions and timelines in accordance with Sections 53A-11-901 (3) and (5);

(2) school resources available; and

(3) cooperation from the appropriate juvenile court in accessing student school records, including attendance, grades, behavioral reports and other available student school data.

D. Policies shall provide due process procedures for minors and parents to contest allegations and citations of disruptive student behavior.

 

R277-609-6. USOE Model Policies.

The USOE shall develop, review regularly, and provide to local school boards and charter school governing boards model policies to address disruptive student behavior and appropriate consequences.

 

KEY: disciplinary actions, disruptive students

Date of Enactment or Last Substantive Amendment: [August 8, 2006]2008

Notice of Continuation: August 10, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1); [53A-3-602.5]53A-11-901