No. 39079 (New Rule): Rule R277-468. Parent/Guardian Review of Public Education Curriculum and Review of Complaint Process

(New Rule)

DAR File No.: 39079
Filed: 01/15/2015 07:36:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of Rule R277-468 is to provide procedures for local education agencies (LEAs) to involve parents in the adoption and review of LEA primary instruction materials to support Utah Core Standards and to include parents in reviewing complaints specific to primary curriculum materials.

Summary of the rule or change:

Rule R277-468 provides responsibilities for LEAs to involve parents who have students who attend LEA schools and instruction staff in the consideration of LEA-purchased material and in reviewing complaints specific to primary curriculum materials. The new rule also directs the Utah State Office of Education (USOE) to develop suggestions for effective parent participation and assist LEAs in policy development, upon request, and to the extent of resources available.

State statutory or constitutional authorization for this rule:

• Subsections 53A-1-402(1)(b) and (c)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

USOE responsibilities to assist LEAs will likely not result in additional cost or savings to the state budget. It is anticipated that existing USOE staff will implement requirements of this rule within existing budgets.

local governments:

LEA responsibilities to involve parents in primary instructional materials and complaint review processes will likely not result in additional cost or savings to local government. It is anticipated that existing LEA staff will implement requirements of this rule within existing budgets.

small businesses:

Implementation of this rule will likely not result in a cost or savings to small businesses. The requirements of this new rule do not affect businesses.

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

Implementation of this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Parents will now be involved in the primary instructional materials and complaint review processes.

Compliance costs for affected persons:

Implementation of this rule will likely not result in any compliance costs for affected persons. It is anticipated that the USOE and LEAs will implement the requirements of this rule within existing budgets.

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

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

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:

• Brad Smith at the above address, by phone at 801-538-7510, 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:

03/03/2015

This rule may become effective on:

03/10/2015

Authorized by:

Brad Smith, State Superintendent of Public Instruction

RULE TEXT

R277. Education, Administration.

R277-468. Parent/Guardian Review of Public Education Curriculum and Review of Complaint Process.

R280-468-1. Definitions.

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

B. "Instructional materials" means systematically arranged content in text or digital format which may be used within the state curriculum framework for grade levels or courses of study by students in public schools including text books, workbooks, computer software, online or Internet courses, CDs or DVDs and multiple forms of communication media. Such materials may be used by students or teachers or both as principal sources of study to cover any portion of the grade level or course. These materials:

(1) shall be designed for student use;

(2) may be accompanied by or contain teaching guides and study helps;

(3) shall include all text books, workbooks and student materials and supplements necessary for a student to fully participate in coursework; and

(4) shall be high quality, research-based and prove to be effective in supporting student learning.

C. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

D. "Parent or guardian" means the individual that establishes the residency of the child under Sections 53A-2-201, 53A-2-202, or 53A-2-207 or another applicable Utah guardianship provision.

E. "Primary instructional materials" means comprehensive or basal Core textbook or integrated instructional program for which a publisher seeks a recommendation for Core subjects as outlined in Sections R277-700-4, 5 or 6.

 

R277-468-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, Sections 53A-1-402(1)(b) and (c) which requires the Board to establish rules regarding competency levels, graduation requirements, school accreditation, curriculum and instruction requirements, and school libraries, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to direct LEAs, consistent with the Board's responsibility to involve parents in the adoption and review of LEA primary instructional materials to support Utah Core Standards, and to include parents in reviewing complaints specific to primary curriculum materials.

 

R277-468-3. LEA Board Responsibilities.

A. Each LEA shall involve parents who have students who attend LEA schools and instructional staff in the consideration of LEA-purchased instructional materials.

B. Each LEA shall include parents in reviewing complaints specific to primary curriculum materials.

C. LEAs may seek assistance from parent organizations or associations or other groups to recruit and select parent members for materials and complaint reviews.

 

R277-468-4. USOE Responsibilities.

A. The USOE shall develop and make readily available to LEAs suggestions for effective parent participation in the instructional materials review process and the complaint review process.

B. The USOE shall assist LEAs in policy development, upon request and to the extent of resources available.

 

KEY: parent/guardian, committees, curriculum, complaints

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b); 53A-1-402(1)(c); 53A-1-401(3)

 

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