R277. Education, Administration.
R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions.
R277-609-1. 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;
(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;
(c) Subsection 53E-3-501(1)(b)(v), which requires the Board to establish rules concerning discipline and control;
(d) Section 53E-3-509, which requires the Board to adopt rules that require a local school board or governing board of a charter school to enact gang prevention and intervention policies for all schools within the board's jurisdiction;
(e) Section 53G-8-702, which requires the Board to adopt rules regarding training programs for school principals and school resource officers;
(f) Section 53G-8-202, 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; and
(g) Section 53G-8-302, which describes the instances when a school employee may use reasonable and necessary physical restraint.
(2)(a) The purpose of this rule is to outline requirements for school discipline plans, restorative practices and related policies.
(b) An LEA's written policies shall include provisions to develop, implement, and monitor the policies for the use of emergency safety interventions in all schools and for all students within each LEA's jurisdiction.
(1) "Discipline" includes:
(a) imposed discipline; and
(2) "Disruptive student behavior" includes:
(a) the grounds for suspension or expulsion described in Section 53G-8-205; and
(b) the conduct described in Subsection 53G-8-209(2)(b).
(3) "Electronic cigarette product" has the same meaning as that term is defined in Section 76-10-101.
(4)(a) "Emergency safety intervention" or "ESI" means the use of seclusionary time out or physical restraint when a student presents an immediate danger to self or others.
(b) An "emergency safety intervention" is not for disciplinary purposes.
(5) "Emergency safety intervention committee" or "ESI Committee" means an emergency safety intervention committee described in Section R277-609-7.
(6) "Evidence-based" means the same as defined in Section 53G-8-211.
(7) "Functional Behavior Assessment" or "FBA" means a systematic process of identifying problem behaviors and the events that reliably predict occurrence and non-occurrence of those behaviors and maintain the behaviors across time.
(8) "Immediate danger" means the imminent danger of physical violence or aggression towards self or others, which is likely to cause serious physical harm.
(9) "Imposed discipline" means a code of conduct prescribed for the highest welfare of the individual and of the society in which the individual lives.
(10) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.
(11) "Physical restraint" has the same meaning as the defined in Section 53G-8-301.
(12) "Plan" means an LEA and school-wide written model for prevention and intervention addressing student behavior management, restorative practices, and discipline procedures for students.
(13) "Positive behavior interventions and support" means an implementation framework for maximizing the selection and use of evidence-based prevention practices along a multi-tiered continuum that supports the academic, social, emotional, and behavioral competence of a student.
(14) "Program" means an instructional or behavioral program including:
(a) contracted services offered by private providers under the direct supervision of public school staff;
(b) a program that receives public funding; or
(c) a program for which the Board has regulatory authority.
(15) "Policy" means standards and procedures that include:
(a) the provisions of Section 53G-8-202 and additional standards, procedures, and training adopted in an open meeting by a local board of education or charter school board that:
(i) defines hazing, bullying, and cyber-bullying;
(ii) prohibits hazing and bullying;
(iii) requires training regarding:
(A) the prevention of hazing, bullying, cyber-bullying, and discipline among school employees and students; and
(B) the use of restorative practices, positive behavior interventions and supports, and emergency safety interventions; and
(iv) provides for enforcement through employment action or student discipline.
(16) "Qualifying minor" means a school-age minor who: