No. 40793 (Amendment): Rule R277-611. Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools

(Amendment)

DAR File No.: 40793
Filed: 09/15/2016 05:09:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-611 is amended in response to S.B. 43 from the 2016 General Session, which creates a pilot program to provide instruction to public school students in grades 5 through 12 on firearm safety and violence prevention.

Summary of the rule or change:

The amendments to Rule R277-611 provide procedures for a local school board or charter school governing board that chooses to participate in the Firearm Safety and Violence Prevention Pilot Program, and removes unnecessary language from the rule.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-13-106.5
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to local government.

small businesses:

The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments provide procedures that allow for participation in a pilot program, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide procedures that allow for participation in a pilot program, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-611. Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools.

R277-611-1. 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 53A-13-106(5), which directs the Board to make rules specific to limited areas of firearm safety instruction in the public schools; and]

([c]b) S[ubs]ection 53A-1-401[(3)], which allows the Board to [adopt]make rules [in accordance with its]to execute the Board's duties and responsibilities under the Utah Constitution and state law;[.]and

(c) Section 53A-13-106.5, which creates a Firearms Safety and Violence Prevention Pilot Program for implementation in the public schools.

(2) The purpose of this rule is to:

(a) provide a definition of certified volunteer for purposes of providing firearm safety training in a public school;

(b) direct LEAs to designate public school areas that may be used for firearm safety training for adults or students or both;

[(c) direct a local board to review materials that may be used under the LEA's authority to teach firearm safety;] and

([d]c) provide for voluntary firearm safety training of public school district employees or school community members or both on public school property at times determined by the local school board or local governing board.

 

R277-611-2. Definitions.

(1) "Certified volunteer" means an individual who:

(a) volunteers to teach an LEA employee or student in a public school about firearm safety; and

(b) is certified as required by Section R277-611-3.

(2) "Public school classroom or auditorium" means a classroom or auditorium in a public school:

(a) identified as available and appropriate; and

(b) designated by an LEA, superintendent, or director as available for firearm safety instruction.

 

R277-611-3. [Certified Volunteers and Proof of Certification of Instructors]Firearm Safety and Violence Prevention Pilot Program.

(1) A local school board or charter school governing board may choose to participate in a pilot program established in accordance with the standards and limitations set forth in Section 53A-13-106.5.

(2) An LEA may designate anyone identified in Subsection 53A-13-106.5(5)(b)(ii) to provide instruction under a pilot program approved in accordance with Subsection (1).

[(1)(a) An LEA may allow](3)(a) A "certified firearms safety instructor" as identified in Subsection 53A-13-106.5(5)(b)(ii)(D) means a volunteer who is certified by the Utah Bureau of Criminal Identification to teach firearm safety on public school property consistent with LEA policy and direction.

(b) A list of certified firearms instructors by county is available through the Utah Department of Public Safety.

([2]4) A certified volunteer shall provide documentation of required training to the designated school administrator prior to the advertisement or notice of available training.

([3]5) [An individual who provides or participates in training to a public school age child on public school property]In addition to obtaining certification through the Bureau of Criminal Identification, prior to volunteering in the pilot program identified in Section 53A-13-106.5, a certified firearms safety instructor shall:

(a) complete a fingerprint background check and submit to ongoing monitoring consistent with the requirements of Title 53A, Chapter 15, Part 15, Background Checks; and

(b) have the background check reviewed by an LEA administrator prior to instructing a public school age student.

[(4) A volunteer is not certified under Subsection 53A-13-106(5)(d) by the LEA until the background check process is completed.]

 

[R277-611-4. School District Review of Firearm Safety Materials Used in Public Schools.

(1) A certified volunteer who is approved to provide instruction to a public school-age student or a public school employee shall submit material that the certified volunteer proposes to use in the instruction or training for review by the local school board or local governing board prior to the training.

(2) An LEA shall have adequate time to review the submitted material and approve or disapprove the material in a timely manner.

(3) An LEA shall use standards for review of materials that include:

(a) age-appropriateness of material for the LEA's audience;

(b) neither a bias against firearms nor a bias in favor of firearms;

(c) the selection and approval of material that would not personally enrich or benefit the certified volunteer; and

(d) other reasonable and objective standards that apply to the review of similar instructional material.]

 

R277-611-[5]4 . Voluntary Training of Adults and Public Education Employees on Public School Property.

(1) An LEA may allow a community group to use public school property for voluntary firearm safety training for a public school employee or interested community member under conditions used to approve public school buildings for non-curriculum uses.

(2) An LEA shall give the greatest consideration to availability of space and the safety of school age children and school employees in the approval of a request to use public education property for voluntary firearm safety training and instruction.

(3) Live ammunition may not be brought on public school property as a part of firearm safety instruction under this R277-611-4.

 

R277-611-[6]5 . Use of Public School Property for Firearm Safety Instruction.

(1) An LEA may designate which classroom or auditorium or other appropriate public school area may be used for firearm safety[training or] instruction[or both].

(2) An LEA shall give first priority to curriculum-related groups in allowing firearm safety instruction to be held on public school property.

(3) An LEA shall give the safety of all students and community patrons the greatest consideration in allowing for firearm safety instruction or training on public school property.

(4) If appropriate or necessary, at the LEA's discretion, the LEA may post notice in and around a public school area designated for firearm instruction and training.

[(5) Live ammunition may not be brought on public school property as a part of firearm safety instruction.]

 

KEY: firearms, instruction

Date of Enactment or Last Substantive Amendment: [December 8, 2015]2016

Notice of Contiuation: October 15, 2015

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-13-106. [(]5[)]; 53A-1-401[(3)]

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