No. 39288 (Amendment): Rule R277-475. Patriotic, Civic and Character Education

(Amendment)

DAR File No.: 39288
Filed: 04/15/2015 03:27:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to change the language from passive to active voice throughout the rule, and to make minor wording and technical changes.

Summary of the rule or change:

The amendments include: changing language in the rule from passive to active voice and making minor wording and technical changes.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-13-101.6

Anticipated cost or savings to:

the state budget:

Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to the state budget.

local governments:

Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to local government.

small businesses:

Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to small businesses.

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

Changing language from passive to active voice and making minor wording and technical changes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Changing language from passive to active voice and making minor wording and technical changes will likely not result in any compliance costs for affected persons.

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

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, 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:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

06/01/2015

This rule may become effective on:

06/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-475. Patriotic, Civic and Character Education.

R277-475-1. Definitions.

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

B. "Character education" means reaffirming values and qualities of character which promote an upright and desirable citizenry.

C. "Civic education" means the cultivation of informed, responsible participation in political life by competent citizens committed to the fundamental values and principles of representative democracy in Utah and the United States.

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. "Patriotic" means having love of and dedication to one's country.

F. "Patriotic education" means the educational and systematic process to help students identify, acquire, and act upon a dedication to one's country.

 

R277-475-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board, by Section 53A-13-101.6 which directs the Board to provide a rule for a program of instruction within the public schools relating to the flag of the United States, 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 provide direction for patriotic education programs in the public schools.

 

R277-475-3. Patriotic Education.

An LEA shall teach [P]patriotic education[ shall be included and primarily taught] in the social studies curricula of kindergarten through grade twelve. All educators shall have responsibility for patriotic, civic and character education taught in an integrated school curriculum and in the regular course of school work.

 

R277-475-4. School Responsibilities and Required Instruction.

A. Patriotic, civic and character education programs shall meet the requirements of Sections 53A-13-101.4, 53A-13-101.6, and 53A-13-109.

B. An LEA shall teach [S]students [ shall be taught ]the history of the flag, etiquette, customs pertaining to the display and use of the flag, and other patriotic exercises consistent with Section 53A-13-101.6(2).

C. The school shall provide the setting and opportunities to teach by example and role modeling patriotic values associated with the flag of the United States.

D. The USOE shall, under the direction of the Board, provide [a model curriculum]guidelines for both elementary age students and secondary students about the flag and patriotic exercises.

E. Instruction in United States history and government shall include:

(1) a study of forms of government including:

(a) a republic;

(b) a pure democracy;

(c) a monarchy; and

(d) an oligarchy.

(2) political philosophies and economic systems including:

(a) socialism;

(b) individualism; and

(c) free market capitalism.

(3) the United States' form of government, a compound constitutional republic.

 

R277-475-5. Requirements.

A. Education about the flag and the Pledge of Allegiance to the Flag shall be taught and modeled following the plan of the social studies Core Curriculum in grades kindergarten through six.

B. The Pledge of Allegiance to the Flag shall be recited by students at the beginning of each school day in each public school classroom in the state, consistent with Section 53A-13-101.6(3).

C. At least once a year students shall be instructed that:

(1) participation in the Pledge of Allegiance is voluntary and not compulsory;

(2) it is acceptable for an individual to choose not to participate in the Pledge of Allegiance for religious or other reasons; and

(3) students should show respect for individuals who participate and individuals who choose not to participate.

D. A public school teacher shall strive to maintain an atmosphere among students in the classroom that is consistent with the principles described in R277-475-5C.

 

R277-475-6. Parental Responsibilities.

A. An LEA shall adequately notify [S]students and parents [shall be adequately notified by LEAs ]of lawful exemptions to the requirement to participate in reciting the Pledge.

B. A school may require an annual written request from a student's parent or legal guardian [I]if a student or the student's parent or legal guardian requests [to]that the student be excused from reciting the Pledge[, a school may require an annual written request from the student's parent or legal guardian].

 

R277-475-7. Civic Engagement.

A. [Consistent with Section 53A-13-101.4(6), ]A public school[s] shall display IN GOD WE TRUST, the national motto of the United States, in one or more prominent places in each school building, consistent with Section 53A-13-101.4(6).

B. Civic and character education shall be achieved through an integrated school curriculum and in the regular course of school work.

C. Instruction in United States history and government shall be taught consistent with the Utah social studies core curriculum and Section 53A-13-101.4.

D. [Consistent with available resources, ]An LEA[s] shall make information about the flag, respect for the flag and civility toward all during patriotic activities available on the LEA's website[s].

 

R277-475-8. Reporting Requirements.

A. The Board shall submit a report to the Education Interim Committee consistent with Section 53A-13-109(7).

B. Each school district and the State Charter School Board shall submit a report to the Lieutenant Governor and the Commission on Civic and Character Education consistent with Section 53A-13-109(6).

 

KEY: curricula, patriotic education, civic education, character education

Date of Enactment or Last Substantive Amendment: [October 9, 2012]2015

Notice of Continuation: July 1, 2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-13-101.6; 53A-1-401(3)

 

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