No. 42962 (Repeal): Rule R277-411. School District Sponsored School Seminars on Youth Protection-Related Issues

(Repeal)

DAR File No.: 42962
Filed: 06/08/2018 03:29:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Board of Education (USBE) recommends repealing this rule as it is no longer necessary. The ongoing requirements of this rule are already spelled out in statute.

Summary of the rule or change:

Rule R277-411 is up for its five-year review. This rule contains one-time requirements, the deadlines for which have passed. The ongoing requirements of this rule are already spelled out in statute. Accordingly, USBE recommends repeal of the rule as it is no longer necessary. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

Article X Section 3
Section 53A-15-1302
Subsection 53E-3-401(4)
Section 53G-9-703

Anticipated cost or savings to:

the state budget:

Repealing this rule will not have a fiscal impact on state government revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary.

local governments:

Repealing this rule will not have a fiscal impact on local governments revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary. This rule is for a local education agency (LEA) program and does not affect small businesses.

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

Repealing this rule will not have a fiscal impact on other individuals' revenues or expenditures. This rule contains one-time requirements whose deadlines have passed. The ongoing requirements of this rule are already spelled out in statute and thus this rule is no longer necessary. This rule is for a LEA program and does not affect other individuals.

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 large businesses with a NAICS code 611110). Repealing this rule will not have a fiscal impact on large or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, 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 angie.stallings@schools.utah.gov

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:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*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 zero large businesses with a NAICS code 611110 (Elementary and Secondary Schools). There are 1,241 entities with a NAICS code 611110 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 have fewer than 50 employees so qualify as small businesses. Thus, this rule change is not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses and it does not require any expenditures of or generate any revenues for large businesses.

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

R277. Education, Administration.

[~~R277-411. School District Sponsored School Seminars on Youth Protection-Related Issues.~~

~~R277-411-1. Definitions.~~

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

B. "Opt-out," provided for in Section 53A-15-1302(5), means a written statement provided by a local school superintendent to the Board stating that the local board determined that the topics of substance abuse, bullying, mental health, depression, suicide awareness and internet safety are not of significant interest to families in the school district.

C. "School-sponsored parent seminar" means a meeting held at the school where school personnel or others invited by the school discuss topics identified in Section 53A-15-1302(2) with those in attendance.

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

E. "Youth protection-related issues" means the issues identified in Section 53A-15-1302(2) including substance abuse, including illegal drugs and prescription drugs and drug use prevention; bullying and related problems; student mental health, depression and student suicide awareness; internet safety for students, including pornography addiction and other student-health related problems or issues, as identified by a school district.

~~R277-411-2. Authority and Purpose.~~

A. The rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-15-1302 which directs the Board to provide resources to school districts about youth protection related issues, directs the Board to accept opt-out information from local school boards and directs the Board to report to the Education Interim Committee about school district activities. The rule is also authorized by 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 provide information and timelines to school districts that allow and assist school districts in satisfying their responsibilities under 53A-15-1302.~~

~~R277-411-3. Board/USOE Responsibilities.~~

~~A. The USOE shall provide resources, model curricula and additional information as required under Section 53A-15-1302(2) before August 30, 2013.~~

~~B. To the extent of resources available, the USOE shall provide curricula, materials and resources in both electronic and paper formats.~~

~~C. To the extent of resources available and if requested, the USOE shall make staff and consultants available to assist school districts with anticipated training and parent meetings.~~

D. If school districts provide written opt-out notification to the Board, the Board shall review those documents for sufficiency and satisfaction of the law's requirements and notify school districts in a timely manner.

E. The USOE shall request information from school districts under Section 53A-15-1302(4)(a),(b),(c), and (d) to compile information for the Board's November 2014 report to the Education Interim Committee. The Board may also request information and data from school districts and charter schools in order to develop meaningful curricula and materials to assist school districts.

~~R277-411-4. School District Responsibilities and Timelines.~~

~~A. A local school board that desires to provide an opt-out notification to the Board shall do so before September 30, 2013.~~

~~B. The Board shall notify a local school board/school district that the opt-out notification was received and was complete and consistent with the law before October 30, 2013.~~

~~C. The notification received from a local school board and the USOE's response shall be maintained by the USOE.~~

~~KEY: seminars, students, youth protection~~

~~Date of Enactment or Last Substantive Amendment: July 8, 2013~~

~~Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-15-1302; 53A-1-401(3)~~]