No. 37635 (Amendment): Rule R277-614. Athletes and Students with Head Injuries

(Amendment)

DAR File No.: 37635
Filed: 05/15/2013 06:22:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide amendments consistent with H.B. 58, Protection of Athletes with Head Injuries Act, 2013 General Legislative Session.

Summary of the rule or change:

The amended rule provides language that excludes recess and play time as periods to which Rule R277-614 and Title 26, Chapter 53, apply.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The amendments to this rule do not affect the state. Local education agencies (LEAs) will revise their head injury policies to provide for the exclusion of "free play and recess" which does not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. LEAs will revise their head injury policies to provide for the exclusion of "free play and recess" which does not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendments to the rule affect public schools and do not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. LEAs will revise their head injury policies to provide for the exclusion of "free play and recess" which does not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. LEAs will revise their head injury policies.

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.

Martell Menlove, 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:

07/01/2013

This rule may become effective on:

07/08/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-614. Athletes and Students with Head Injuries.

R277-614-1. Definitions.

A. "Agent" means a coach, teacher, school employee, representative or volunteer under Section 26-53-102(1).

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

C. "Free play" means unstructured student play, games and field days during school hours.

[C]D. "LEA" means a public school or a public charter school.

[D]E. "Parent" means a parent or legal guardian of student for whom LEA is responsible.

F. "Physical education class" means a structured secondary school class period that includes an adult supervisor.

[E]G. "Sporting event" means activities listed under Section 26-53-102(5) and includes games, classes, tryouts and activities that take place during the regular school day of public schools and activities sponsored by the public schools with exclusions provided in Section 26-53-102(5)(b).

[F]H. "Traumatic head injury" means any of the signs, observed or self-reported, listed under Section 26-53-102(6).

[G]I. "USOE" means the Utah State Office of Education.

 

R277-614-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution X, Section 3 which vests general control and supervision in the Board, 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 under the general control and supervision of the Utah State Board of Education to adopt and enforce a head injury policy for students participating in sporting events as defined in the law, including notification to parents of the policy and receipt from parents of signed statements that parents understand and will support the LEA in the enforcement of the policy.

 

R277-614-3. Board and USOE Responsibilities.

A. The Board directs all LEAs to develop, pass, post on the LEAs' websites and make available to parents a traumatic head injury policy that meets the requirements of Section 26-53.

B. The USOE shall, in consultation with Utah State Risk Management, provide a model policy for LEAs to use in developing their policies. The model policy shall be available on the USOE website.

C. The USOE shall provide model forms for LEAs to use to inform parents of LEA policies and obtain parent signatures documenting the parents' understanding of and willingness to adhere to LEA policies.

D. The USOE shall provide professional development, as needed and to the extent of funds available, to assist LEAs with training to identify students' traumatic head injuries, to provide notice to parents and to comply with the law.

 

R277-614-4. LEA Responsibilities.

A. All LEAs are identified as amateur sports organizations for purposes of Section 26-53 and shall meet all requirements of the law.

B. [Before September 15, 2011, a]All LEAs shall [adopt]maintain a traumatic head injury policy for students:

[ (1) participating in recess, field days or elementary school activities;

] ([2]1) participating in physical education classes , excluding free play under Section 26-53-102(5)(b)(iii), offered by the LEA; and

([3]2) participating in extracurricular activities sponsored by the LEA or statewide athletic associations or both groups jointly.

C. An LEA's policy shall include:

(1) direction to agents to remove a student from a sporting event if the student is suspected of sustaining a concussion or a traumatic head injury;

(2) the prohibition of a student's continued participation until the student is evaluated by a trained qualified health care professional;

(3) a written statement from a trained health care provider clearing the student to resume participation in a sporting event;

(4) adequate training for agents, consistent with their involvement and responsibility for supervising students in sporting events, about traumatic head injuries and response to suspected student injuries, consistent with the law; and

(5) notice at least annually to parents of students who participate in sporting events, including parents' signatures, of an LEA's traumatic head injury policy.

D. An LEA shall post its policy on a district/school or charter school website where the information will be readily accessible to the public and to parents.

 

KEY: athletes, head injuries

Date of Enactment of Last Substantive Amendment: [November 8, 2011]2013

Notice of Continuation: May 15, 2013

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

 

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