No. 36071 (Amendment): Section R277-483-4. Identification of Persistently Dangerous Schools

(Amendment)

DAR File No.: 36071
Filed: 04/16/2012 08:58:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule had not been substantively amended since 2003. Changes are necessary to remove outdated language.

Summary of the rule or change:

The amendments remove outdated language in Section R277-483-4.

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. Outdated language is removed from Section R277-483-4 which does not result in cost or savings.

local governments:

There are no anticipated costs or savings to local government. Outdated language is removed from Section R277-483-4 which does not result in cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the changes apply to public education and do not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Outdated language is removed from Section R277-483-4 which does not result in cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Outdated language is removed from Section R277-483-4 which does not result in no compliance costs.

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.

Larry K. Shumway, 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:

• 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:

05/31/2012

This rule may become effective on:

06/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-483. Persistently Dangerous Schools.

R277-483-4. Identification of Persistently Dangerous Schools.

A. [For the 2003-04 and 2004-05 school years, a]A school that reports data showing three percent or more of its studentbody has been expelled for violent criminal offenses, as defined under R277-483-1H and federal gun-free schools violations, as defined under R277-483-1E, shall be required to provide data to the USOE for the previous two school years documenting the number and type of student expulsions. If the documentation shows that more than three percent of the school's studentbody for both years in question was expelled for offenses designated in R277-483-1E or R277-483-1H or both, the school shall be designated a persistently dangerous school for the upcoming school year under this rule.

B. Following review of data collected under R277-483-3 and application of the criteria of this rule, the USOE shall recommend to the Board a list of persistently dangerous schools no later than July 1 of each school year[ beginning with the 2003-2004 school year].

C. The Board shall review the list of recommended persistently dangerous schools. The board shall designate persistently dangerous schools at a regular open Board meeting in July or August of each year.

D. A school, working with the local board, shall be removed by the Board from the list on an annual basis if:

(1) the school provides evidence and information to the Board's satisfaction that proves that the school no longer meets the qualifying criteria of this rule and

(2) the school presents evidence to the Board of regular and consistent training of students, staff, and community about school safety, harassment, bullying, and problem solving.

 

KEY: expelled, persistently dangerous schools, school choice

Date of Enactment or Last Substantive Amendment: [March 7, 2003]2012

Notice of Continuation: March 3, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); Title IX, Part E, Subpart 2, Section 9532

 

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