No. 39842 (Amendment): Rule R277-611. Certified Volunteer Instructors and Material Approval Requirements and Process for Firearm Safety in the Public Schools

(Amendment)

DAR File No.: 39842
Filed: 10/15/2015 03:15:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-611 is amended to provide additional language requiring ongoing monitoring consistent with Section 53A-15-1503 and make technical and conforming changes to the rule.

Summary of the rule or change:

The amendments provide for a certified volunteer to submit to ongoing monitoring in addition to the already required background check and provide technical and conforming changes throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Art. X, Sec. 3
• Subsection 53A-13-106(5)

Anticipated cost or savings to:

the state budget:

There is likely no cost or savings to the state budget. Certified volunteers wishing to provide firearm safety training in a public school shall submit to ongoing monitoring in addition to the already required background check.

local governments:

There is likely no cost or savings to local government. Certified volunteers wishing to provide firearm safety training in a public school shall submit to ongoing monitoring in addition to the already required background check.

small businesses:

There is likely no cost or savings to small businesses. Certified volunteers wishing to provide firearm safety training in a public school shall submit to ongoing monitoring in addition to the already required background check.

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

There is likely no additional cost or savings to persons other than small businesses, businesses, or local government entities. Certified volunteers wishing to provide firearm safety training in a public school shall submit to ongoing monitoring in addition to the already required background check.

Compliance costs for affected persons:

There are likely no compliance costs for affected persons. If a certified volunteer wishes to provide firearm safety training in a public school, the certified volunteer will submit to ongoing monitoring in addition to the already required background check.

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 resulting from the amendments to this rule.

Brad C. Smith, State Superintendent

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:

• 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:

12/01/2015

This rule may become effective on:

12/08/2015

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-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized [under]by:

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision over public education in the Board[,];

(b) S ubsection 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) S ubsection 53A-1-401(3) , which allows the Board to adopt rules in accordance with its responsibilities.

[B.](2) The purpose of this rule is to:

(a) provide a definition of certified volunteer for purposes of providing firearm safety training in [the]a public school[s];[to ]

(b) direct [school districts and charter schools]LEAs to designate[a process for designated] public school areas that may be used for firearm safety training for adults or students or both;[and to]

(c) direct a local board to[have a process or committee or both for] review [of] materials that may be used under the [school district's or charter school's]LEA's authority to teach firearm safety; and[to]

(d) 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 [of education]or local governing board.

 

R277-611-[1]2 . Definitions.

[A.](1) "Certified volunteer" means an individual who :

(a) volunteers to teach [school district]an LEA employee[s] or student[s] in [the]a public school[s] about firearm safety ; and[. The individual shall provide documentation of training from designated training entities prior to providing firearm safety instruction to public school students or employees on public school property]

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

[B.](2) "Public school classroom[s] or auditorium[s]" means a[ny] classroom or auditorium in a public school :

(a) identified as available and appropriate ; and

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

[C. "Firearm safety education classes" means classes or courses taught by designated individuals during the regular school day or outside of the regular school day as determined by the local board of education.]

[D. "LEA" means a school district, school or charter school.]

 

R277-611-3. Certified Volunteers and Proof of Certification of Instructors.

[A.](1)(a) A n [school district or charter school]LEA may allow a volunteer[s] who [have been]is certified by the Utah Bureau of Criminal Identification to teach firearm safety on public school property consistent with [district]LEA policy and direction.

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

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

[C.](3) An[y] individual [that]who provides or participates in training to a public school age child[ren] on public school property shall :

(a) [have ]complete[d] a fingerprint background check and submit to ongoing monitoring consistent with [Section 53A-3-410]the requirements of Title 53A, Chapter 15, Part 15, Background Checks; and

(b) have [had ]the background check reviewed by [appropriate school district]an LEA administrator[s] prior to instructing a public school age student[s].

(4) A volunteer [or instructor shall not be considered]is not certified under S ubsection 53A-13-106(5)(d) by the [school district]LEA until the background check process is completed.

 

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

[A.](1) A certified [V]volunteer[firearm safety instructors] who [have been]is approved to provide instruction to a public school-age student[s] or a public school employee[s] shall submit material[s they] that the certified volunteer proposes to use in the[ir] instruction or training for review by the local [LEA]school board or local governing board prior to the training.

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

[C.](3) An LEA shall use standards for review of materials that include:

([1]a) [A]age-appropriateness of material[s] for the LEA's audience;

([2]b) [N]neither a bias against firearms nor a bias in favor of firearms;

([3]c) [T]the selection and approval of material[s] that would not personally enrich or benefit the certified volunteer[instructor]; and

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

 

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

[A.](1) An LEA may allow a community group[s] to use public school property for voluntary firearm safety training for a public school employee[s] or interested community member[s.

B. Community groups shall be allowed to use public school property for voluntary firearm safety training] under conditions used to approve public school buildings for non-curriculum uses.

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

 

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

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

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

[C.](3) An LEA[s] 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.

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

[E.](5) Live ammunition [shall]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: [November 8, 2010]2015

Notice of Continuation: 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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