No. 35878 (New Rule): Rule R277-615. Standards and Procedures for Student Searches

(New Rule)

DAR File No.: 35878
Filed: 02/15/2012 03:53:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to direct local education agencies (LEAs) to develop policies and procedures for searching students.

Summary of the rule or change:

This new rule provides responsibilities of the State Board of Education and LEA responsibilities.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-11-1305

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. This new rule directs LEAs to adopt policies regarding student searches which do not result in a cost to the state.

local governments:

There may be minimal costs to local government. LEAs must adopt policies regarding student searches which may result in minimal administrative costs.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does 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. This rule applies to LEAs in developing policies and procedures for student searches.

Compliance costs for affected persons:

There are no compliance costs or affected persons. LEAs will develop policies and procedures regarding student searches.

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:

04/02/2012

This rule may become effective on:

04/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-615. Standards and Procedures for Student Searches.

R277-615-1. Definitions.

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

B. "Controlled substances" means substances identified under Sections 58-37-2, 58-37a-3 and 58-37b-2.

C. "Law enforcement authorities" means officers working under the direct supervision and in the employment of police or law enforcement, as opposed to under the supervision of a public education, agency. Law enforcement authorities have received police officer training and are acting in that capacity.

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

E. "Reasonable suspicion" means a particularized and objective basis, supported by objective and articulable facts leading the searcher to believe that there is a moderate chance of finding evidence of wrongdoing. Reasonableness considers the totality of the circumstances including such factors as the scope and manner of the intrusion, the justification for the search, the nature of the infraction, the place where the search is conducted, the student's age, history and school record, the prevalence and seriousness of the problem in the school, the exigency requiring the search without delay, the reliability of the information used as a justification for the search, and the school official's prior experience with the student. The search shall be reasonable both in inception of the search and the scope of the search.

F. "School official" means a school superintendent, associate superintendent, school district specialist, school principal or assistant principal or charter school employee who is a director, principal, headmaster, or assistant administrator.

G. "Weapon" means any item capable of causing death or serious bodily injury or a facsimile or representation of the item.

 

R277-615-2. Authority and Purpose.

A. This 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-11-1305 that directs the Board and LEAs to adopt rules to protect students against unreasonable and excessive intrusion of personal rights and privacy on school property or at school-sponsored activities, and 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 direct LEAs to adopt rules or policies or both to protect student rights with procedures and provisions that balance students' rights and privacy with the responsibility of school officials for the safety and protection of students and adults while on school property or at school-sponsored events.

 

R277-615-3. Board Responsibilities.

A. The Board shall provide consistent definitions for LEAs to include in policies.

B. The Board shall develop a model policy as guidance for LEAs.

C. The Board shall include an assurance for LEAs regarding the student search policy required under Section 53A-11-1305 in the Utah Consolidated Report, beginning with the 2012-13 school year.

 

R277-615-4. LEA Responsibilities.

A. LEAs shall develop a policy for searching students for controlled substances as required under Utah law and for weapons before June 30, 2012.

B. LEAs shall include appropriate interested parties in the development of student search policies, including parents, school employees, and licensed school employees.

C. LEA policies shall ensure protection of individual student rights against excessive and unreasonable intrusion.

D. LEAs shall make policies available to parents electronically and in materials provided to parents and students upon enrollment as soon as reasonably possible following adoption of policies.

E. LEAs shall provide adequate training to appropriate classes of employees for fair and consistent implementation of student search policies.

 

KEY: students, searches

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-11-1305; 53A-1-401(3)

 

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