No. 43703 (Repeal): Rule R277-714. Dissemination of Information About Juvenile Offenders

(Repeal)

DAR File No.: 43703
Filed: 05/03/2019 03:36:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Board of Education (Board) has determined that the provisions in this rule are necessary, but that the provisions should be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487 Public School Data Confidentiality and Disclosure.

Summary of the rule or change:

The Board is recommending repealing this rule because the language is included in Rule R277-487. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-3-401(4)
• Section 53G-8-404

Anticipated cost or savings to:

the state budget:

This rule repeal is not expected to have a fiscal impact on state government revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to the state from this repeal.

local governments:

This rule repeal is not expected to have a fiscal impact on local governments' revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to local governments from this repeal.

small businesses:

This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to small businesses from this repeal.

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

This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. However, the provisions in this rule will be included in another already existing rule governing student data privacy and the sharing of student information, Rule R277-487. Thus, there is no fiscal impact to other individuals from this repeal.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office 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 801-538-7550, 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:

07/01/2019

This rule may become effective on:

07/08/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). Thus, this rule repeal is not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

[R277-714. Dissemination of Information About Juvenile Offenders.

R277-714-1. Definitions.

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

B. "FERPA" means the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, a federal law designed to protect the privacy of students' education records. The law is hereby incorporated by reference.

C. "GRAMA" means the Government Records Access and Management Act, Title 63G, Chapter 2, a Utah law designed to govern access to and control of government records.

D. "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.

E. "Superintendent" means the State Superintendent of Public Instruction.

 

R277-714-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision over public schools in the Board, Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities, and Section 53G-8-404, which directs the Board to adopt rules governing the dissemination of information about juvenile offenders in the public schools.

B. The purpose of this rule is to provide procedures for LEAs to follow in notifying school personnel of offenders in their schools and for protecting the confidentiality of the information.

 

R277-714-3. Dissemination of Information.

A. The dissemination of any information about students among agencies and LEAs shall be consistent with FERPA and GRAMA, including applicable time periods and protection of confidential information.

B. Each LEA shall establish by written policy which staff members have authority to receive confidential information about students, depending upon the offense and the circumstances. This policy shall be approved by the LEA and available to parents and students upon request.

C. A dispute regarding the dissemination of information shall be decided in favor of a student's rights to privacy, except in the event of apparent imminent danger to persons or property.

 

KEY: public education, dissemination of information, juvenile offenders

Date of Enactment or Last Substantive Amendment: March 12, 2012

Notice of Continuation: June 10, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-8-404 ]

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