No. 32141 (New Rule): R277-495. Required Policies for Electronic Devices in Public Schools

DAR File No.: 32141
Filed: 11/14/2008, 03:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide criteria and procedures for school districts and charter schools to develop policies regarding student use of electronic devices in the public schools.

Summary of the rule or change:

The rule provides definitions, local board and charter school responsibilities, policy requirements, and Utah State Office of Education responsibilities.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. This rule provides guidance to school districts and charter schools when developing policies on student use of electronic devices in public schools, which does not require additional or specific funding.

local governments:

There are no anticipated costs or savings to local government. This rule provides guidance to school districts and charter schools when developing policies on student use of electronic devices in public schools; policies do not require specific funding.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. This rule relates to assisting public schools when developing policies on student use of electronic devices and not to businesses. Individuals are not affected financially by the requirement for school districts and charter schools to develop policies.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule provides guidance to school districts and charter schools when developing policies on student use of electronic devices in public schools which does not create any financial compliance concerns for affected persons.

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 [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:

12/31/2008

This rule may become effective on:

01/07/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-495. Required Policies for Electronic Devices in Public Schools.

R277-495-1. Definitions.

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

B. "Electronic device" means a privately owned device that is used for audio, video, or text communication or any other type of computer or computer-like instrument.

C. "Public school" means all schools and public school programs, grades kindergarten through 12, that are part of the Utah Public School system, including charter schools, distance learning programs, and alternative programs.

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

 

R277-495-2. 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, by 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and Section 53A-11-901(2)(c)(i) directs the State Superintendent of Public Instruction to develop a conduct and discipline policy model for elementary and secondary public schools.

B. The purpose of this rule is to direct all public school districts or public schools, including charter schools, to adopt policies, individually or collectively as school districts or consortia of charter schools, governing the possession and use of electronic devices while on public school premises.

 

R277-495-3. Local Board and Charter School Responsibilities.

A. Local boards of education and local charter governing boards shall establish a timeline that requires all schools under their supervision have a policy governing the use of electronic devices in schools approved by local boards, effective and posted for students, employees, parents and community member access no later than April 1, 2009.

B. Local boards and charter governing boards shall encourage schools to involve teachers, parents, students, school employees and community members in developing local policies; school community councils could provide helpful information and guidance within various school communities and neighborhoods.

C. Local boards and charter governing boards shall provide copies of their policies or clear electronic links to policies.

D. School districts and schools within school districts shall work together to ensure that all policies within a school or school district are consistent and understandable for parents.

 

R277-495-4. Policy Requirements.

A. Local policies shall include the following;

(1) scope of coverage of the policy, including clear rules for school premises, school hours, school activities, after school activities, school sponsored activities at remote sites, vehicles transporting students to and from school activities.

(2) definitions of devices covered by policy;

(3) prohibitions against use of electronic devices during Utah Performance Assessment System for Students (U-PASS) assessments unless specifically allowed by statute, regulation, student IEP, or assessment directions;

(4) clear information about restrictions, if any, on when or where possession of electronic devices, active or deactivated, are strictly prohibited or allowed, such as the use of an electronic calculator by a student consistent with a current and valid IEP, as determined by the school district/school;

(5) prohibitions on the use of electronic devices in a way that threatens, humiliates, harasses, or intimidates school-related individuals, including students, employees, and invitees, or violates local, state, or federal laws; and

(6) procedures, if any, and due process, for the confiscation and recovery of electronic devices used in violation of local policies.

B. Local policies may also include the following:

(1) prohibitions or restrictions on unauthorized audio recordings, capture of images, transmissions of recordings or images, or invasions of reasonable expectations of student and employee privacy;

(2) procedures to report the misuse of electronic devices;

(3) potential disciplinary actions toward students or employees or both for violation of local policies regarding the use of electronic devices;

(4) exceptions to the policy for special circumstances, health-related reasons and emergencies, if any;

(5) strategies for use of technology that enhance instruction; and

(6) directives, protections, and requirements, if any, for school employees or invitees, or both.

C. The USOE shall receive an annual assurance from the school district or charter school governing board as required under R277-108 that the local board has presented and implemented an electronic device policy consistent with the timelines and provisions of this rule.

D. School districts or traditional school and charter schools shall post their duly enacted electronic device policies on their district or school websites.

 

R277-495-5. USOE Responsibilities.

A. The USOE shall provide resources, upon request, for school districts and schools as they develop electronic device policies, including sources for successful policies, assistance with reviewing draft policies, and information about bullying, harassing, and discrimination via electronic devices.

B. The USOE shall develop a model policy or a policy framework to assist school districts and individual schools in developing and implementing their policies.

C. The USOE shall promote the use of effective strategies to enhance instruction and professional development through technology.

D. The USOE shall ensure that parents and school employees are involved in the development and implementation of policies.

E. The USOE shall work and cooperate with other education entities, such as the PTA, the Utah School Boards Association, the Utah Education Association, the State Charter School Board and the Utah High School Activities Association to provide consistent information to parents and community members about electronic device policies and to provide for appropriate and consistent penalties for violation of policies, including violations that take place at public school extracurricular and athletic events.

 

KEY: electronic devices, policy

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11-901(2)( c)(i)