R277-609-2. Definitions

  (1) "Discipline" includes:

  (a) imposed discipline; and

  (b) self-discipline.

  (2) "Disruptive student behavior" includes:

  (a) the grounds for suspension or expulsion described in Section 53G-8-205; and

  (b) the conduct described in Subsection 53G-8-209(2)(b).

  (3)(a) "Emergency safety intervention" means the use of seclusionary time out or physical restraint when a student presents an immediate danger to self or others.

  (b) An "emergency safety intervention" is not for disciplinary purposes.

  (4) "Functional Behavior Assessment" or "FBA" means a systematic process of identifying problem behaviors and the events that reliably predict occurrence and non-occurrence of those behaviors and maintain the behaviors across time.

  (5) "Immediate danger" means the imminent danger of physical violence or aggression towards self or others, which is likely to cause serious physical harm.

  (6) "Imposed discipline" means a code of conduct prescribed for the highest welfare of the individual and of the society in which the individual lives.

  (7) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

  (8) "Physical restraint" means personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms, legs, body, or head freely.

  (9) "Plan" means an LEA and school-wide written model for prevention and intervention addressing student behavior management and discipline procedures for students.

  (10) "Program" means an instructional or behavioral program, including a program:

  (a) provided by contract private providers under the direct supervision of public school staff;

  (b) that receives public funding; or

  (c) for which the Board has regulatory authority.

  (11) "Policy" means standards and procedures that include:

  (a) the provisions of Section 53G-8-202 and additional standards, procedures, and training adopted in an open meeting by a local board of education or charter school board that:

  (i) defines hazing, bullying, and cyber-bullying;

  (ii) prohibits hazing and bullying;

  (iii) requires annual discussion and training designed to prevent hazing, bullying, cyber-bullying, discipline, and emergency safety interventions, among school employees and students; and

  (iv) provides for enforcement through employment action or student discipline.

  (12) "Qualifying minor" means a school-age minor who:

  (a) is at least nine years old; or

  (b) turns nine years old at any time during the school year.

  (13) "Restorative justice program" means the same as that term is defined in Section 53G-8-211.

  (14) "School" means any public elementary or secondary school or charter school.

  (15) "School board" means:

  (a) a local school board; or

  (b) a local charter board.

  (16) "School employee" means:

  (a) a school teacher;

  (b) a school staff member;

  (c) a school administrator; or

  (d) any other person employed, directly or indirectly, by an LEA.

  (17) "Seclusionary time out" means that a student is:

  (a) placed in a safe enclosed area by school personnel in accordance with the requirements of Rules R392-200 and R710-4;

  (b) purposefully isolated from adults and peers; and

  (c) prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area.

  (18) "Section 504 accommodation plan," required by Section 504 of the Rehabilitation Act of 1973, means a plan designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.

  (19) "Self-Discipline" means a personal system of organized behavior designed to promote self-interest while contributing to the welfare of others.

  (20) "Student with a qualifying offense" means a qualifying minor who committed an alleged class C misdemeanor, infraction, status offense on school property, or truancy.