No. 34825 (Amendment): Rule R277-613. School District and Charter School Bullying and Hazing Policies and Training

(Amendment)

DAR File No.: 34825
Filed: 05/16/2011 06:41:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide new or amended definitions and language to ensure that this rule is consistent with and responsive to S.B. 304, 2011 General Session, regarding bullying and hazing in the public schools. (DAR NOTE: S.B. 304 (2011) was effective 05/10/2011.)

Summary of the rule or change:

This amendments remove existing definitions and provide new definitions that are consistent with the definitions in state law, provide for local board/charter school board annual review of bullying and hazing policies and posting of policies, provide new language on retaliation, and new language for termination of volunteer services in Section R277-613-6 for violation of Utah Educator Standards.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-11a-301
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. New definitions, requirement for local school board and charter school board annual review of policies, requirement for local board and charter school board to provide specific language in policies and new language for termination of volunteer services for noncompliance with Utah Educator Standards does not result in any costs or savings to the state.

local governments:

There are no anticipated costs or savings to local government. New definitions, requirement for local school board and charter school board annual review of policies, requirement for local board and charter school board to provide specific language in policies and new language for termination of volunteer services for noncompliance with Utah Educator Standards do not result in any costs or savings to school districts, schools or charter schools.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and amendments 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. New definitions, requirements for local school board and charter school board annual review of policies, requirements for local board and charter school board to provide specific language in policies, and new language for termination of volunteer services for noncompliance with Utah Educator Standards do not result in any costs or savings to individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. New definitions, requirements for local school board and charter school board annual review of policies, requirements for local board and charter school board to provide specific language in policies, and new language for termination of volunteer services for noncompliance with Utah Educator Standards do not result in any compliance costs for school districts, schools, charter schools, or individuals.

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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-613. School District and Charter School Bullying and Hazing Policies and Training.

R277-613-1. Definitions.

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

[ B(1) "Bullying" means intentionally or knowingly committing an act that is done for the purpose of placing a school employee or student in fear of:

(a) physical harm to the school employee or student; or

(b) harm to property of the school employee or student.

(2) Acts of bullying may include:

(a) endangerment to the physical health or safety of a school employee or student;

(b) any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements to a school employee or student;

(c) forced or unwilling consumption of any food, liquor, drug, or other substance by a school employee or student;

(d) any forced or coerced act or activity of a sexual nature or with sexual connotations such as asking a student to remove articles of clothing or expose or touch private areas of the body;

(e) other physical activity that endangers the physical health and safety of a school employee or student; or

(f) physically obstructing a school employee's or student's freedom to move.

(3) The conduct described in R277-613-1B(2)constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.

] B. "Bullying" means intentionally or knowingly committing an act that:

(1)(a) endangers the physical health or safety of a school employee or student;

(b) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;

(c) involves consumption of any food, liquor, drug, or other substance;

(d) involves other physical activity that endangers the physical health and safety of a school employee or student; or

(e) involves physically obstructing a school employee's or student's freedom to move; and

(2) is done for the purpose of placing a school employee or student in fear of:

(a) physical harm to the school employee or student; or

(b) harm to property of the school employee or student.

(3) The conduct described in R277-613-1B constitutes bullying, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.

[ C. Cyberbullying" means the use of e-mail, instant messaging, chat rooms, pagers, cell phones, or other forms of information technology to deliberately harass, threaten, or intimidate someone for the purpose of placing a school employee or student in fear of:

(1) physical harm to the school employee or student; or

(2) harm to property of the school employee or student.

] C. "Cyber-bullying" means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication.

D. "Harassment" means repeatedly communicating to another individual, in an objectively demeaning or disparaging manner, statements that contribute to a hostile learning or work environment for the individual.

[ D. "Hazing" means intentionally or knowingly committing an act that is:

(1) done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for, membership or acceptance, or continued membership or acceptance, in any school or school sponsored team, organization, program, or event.

(2) Acts of hazing may include:

(a) endangerment to the physical health or safety of a school employee or student;

(b) any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements to a school employee or student;

(c) forced or unwilling consumption of any food, liquor, drug, or other substance by a school employee or student;

(d) any forced or coerced act or activity of a sexual nature or with sexual connotations such as asking a student to remove articles of clothing or expose or touch private areas of the body;

(e) other physical activity that endangers the physical health and safety of a school employee or student; or

(f) physically obstructing a school employee's or student's freedom to move.

(3) The conduct described in R277-613-1D(2) constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.

] E. "Hazing" means intentionally or knowingly committing an act that:

(1)(a) endangers the physical health or safety of a school employee or student;

(b) involves any brutality of a physical nature such as whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;

(c) involves consumption of any food, liquor, drug, or other substance;

(d) involves other physical activity that endangers the physical health and safety of a school employee or student; or

(e) involves physically obstructing a school employee's or student's freedom to move; and

(f)(i) is done for the purpose of initiation or admission into, affiliation with, holding office in, or as a condition for, membership or acceptance, or continued membership or acceptance, in any school or school sponsored team, organization, program, or event; or

(ii) if the person committing the act against a school employee or student knew that the school employee or student is a member of, or candidate for, membership with a school, or school sponsored team, organization, program, or event to which the person committing the act belongs to or participates in.

(2) The conduct described in R277-613-1E constitutes hazing, regardless of whether the person against whom the conduct is committed directed, consented to, or acquiesced in, the conduct.

[E]F. "Policy" means [a set of] standards and procedures that include[s] the provisions of Section 53A-11-[301(3)]901 and additional standards, procedures, and training adopted in an open meeting by a local board of education or charter school board that define hazing and bullying, prohibit hazing and bullying, require annual discussion and training designed to prevent hazing and bullying among school employees and students and provide for enforcement through employment action or student discipline.

G. "Retaliate or retaliation" means an act or communication intended:

(1) as retribution against a person for reporting bullying or hazing; or

(2) to improperly influence the investigation of, or the response to, a report of bullying or hazing.

 

R277-613-3. Utah State Board of Education Responsibilities.

A. To the extent of resources available, the Board shall provide training opportunities or materials or both for employees of school districts and charter schools on bullying , including cyber-bullying, and hazing.

B. The Board may interrupt disbursements of funds consistent with Section 53A-1-401(3) for failure of a school district or charter school to comply with this rule.

 

R277-613-4. Local School District and Charter School Responsibilities.

A. Each school district and charter school shall implement a policy prohibiting bullying and hazing consistent with Section 53A-11a-301.

B. Each school district and charter school shall[, no later than December 1, 2009]:

(1) post a copy of its policy on the school district/charter school website; and

(2) provide a copy of the school district/charter school policy or uniform resource locator (URL) to the State Superintendent of Public Instruction at the Utah State Office of Education.

[ C. Each school district and charter school shall post a copy of its policy on district or school website no later than November 1, 2009.

] C. The local board/charter school board shall annually review and immediately post the policy following the first board meeting of the school year.

D. Policies shall provide for training to students, staff, and volunteers consistent with the following:

(1) training specific to overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name calling, or both physical and verbal aggression or threatening behavior;

(2) training specific to relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation;

(3) training specific to prohibitions against bullying or hazing of a sexual nature or with sexual overtones;

(4) training specific to cyber[ ] -bullying, including use of email, web pages, text messaging, instant messaging, three-way calling or messaging or any other electronic means for aggression inside or outside of school;

E. Policies shall also:

(1) complement existing safe and drug free school policies and school harassment and hazing policies;[ and]

(2) include strategies for providing students and staff, including aides, custodians, kitchen and lunchroom workers, secretaries, paraprofessionals, and coaches, with awareness and intervention skills such as social skills training[.]; and

(3) include required strong responsive action against retaliation including assistance to harassed students and their parents in reporting subsequent problems and new incidents.

F. The policy shall also provide direction to employees about bullying and dealing with disruptive students. This part of the policy shall:

(1) direct schools to determine the range of behaviors and establish the continuum of administrative procedures that may be used by school personnel to address the behavior of habitually disruptive students;

(2) provide for identification, by position(s), of individual(s) designated to issue notices of disruptive student behavior;

(3) designate to whom notices shall be provided;

(4) provide for documentation of disruptive student behavior prior to referral of disruptive students to juvenile court;

(5) include strategies to provide for necessary adult supervision;

(6) be clearly written and consistently enforced;

(7) include administration, instruction and support staff, students, parents, community council and other community members in policy development, training and prevention implementation so as to create a community sense of participation, ownership, support and responsibility; and

(8) provide notice to employees that violation(s) of this rule may result in employment discipline or action.

 

R277-613-6. Professional Responsibilities of Employee and Volunteer Coaches.

A. All public school coaches shall act consistent with professional standards of R277-515 in all responsibilities and activities of their assignments.

B. Failure to act consistently with R277-515 toward students, colleagues and parents may result in discipline against an educator's license or termination of volunteer services.

 

KEY: bullying, hazing, policies, training

Date of Enactment or Last Substantive Amendment: [December 8, 2009]2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-11a-301

 

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