R277-609-4. LEA Responsibility to Develop Plans

  (1) An LEA or school shall develop and implement a board approved comprehensive LEA plan or policy for student and classroom management, and school discipline.

  (2) An LEA shall include administration, instruction and support staff, students, parents, community council, and other community members in policy development, training, and prevention implementation so as to create a community sense of participation, ownership, support, and responsibility.

  (3) A plan described in Subsection (1) shall include:

  (a) the definitions of Section 53G-8-210;

  (b) written standards for student behavior expectations, including school and classroom management;

  (c) effective instructional practices for teaching student expectations, including:

  (i) self-discipline;

  (ii) citizenship;

  (iii) civic skills; and

  (iv) social skills;

  (d) systematic methods for reinforcement of expected behaviors;

  (e) uniform and equitable methods for correction of student behavior;

  (f) uniform and equitable methods for at least annual school level data-based evaluations of efficiency and effectiveness;

  (g) an ongoing staff development program related to development of:

  (i) student behavior expectations;

  (ii) effective instructional practices for teaching and reinforcing behavior expectations;

  (iii) effective intervention strategies; and

  (iv) effective strategies for evaluation of the efficiency and effectiveness of interventions;

  (h) procedures for ongoing training of appropriate school personnel in:

  (i) crisis intervention training;

  (ii) emergency safety intervention professional development; and

  (iii) LEA policies related to emergency safety interventions consistent with evidence-based practice;

  (i) policies and procedures relating to the use and abuse of alcohol and controlled substances by students;

  (j) policies and procedures, consistent with requirements of Rule R277-613, related to:

  (i) bullying;

  (ii) cyber-bullying;

  (iv) hazing; and

  (v) retaliation;

  (k) policies and procedures for the use of emergency safety interventions for all students consistent with evidence-based practices including prohibition of:

  (i) physical restraint, subject to the requirements of Section R277-609-5, except when the physical restraint is allowed as described in Subsection 53G-8-302(2);

  (ii) prone, or face-down, physical restraint;

  (iii) supine, or face-up, physical restraint;

  (iv) physical restraint that obstructs the airway of a student or adversely affects a student's primary mode of communication;

  (v) mechanical restraint, except:

  (A) protective or stabilizing restraints;

  (B) restraints required by law, including seatbelts or any other safety equipment when used to secure students during transportation; and

  (C) any device used by a law enforcement officer in carrying out law enforcement duties;

  (vi) chemical restraint, except as:

  (A) prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under State law, for the standard treatment of a student's medical or psychiatric condition; and

  (B) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under state law;

  (vii) seclusionary time out, subject to the requirements of Section R277-609-5, except when a student presents an immediate danger of serious physical harm to self or others; and

  (viii) for a student with a disability, emergency safety interventions written into a student's IEP, as a planned intervention, unless:

  (A) school personnel, the family, and the IEP team agree less restrictive means which meet circumstances described in Section R277-608-5 have been attempted;

  (B) a FBA has been conducted; and

  (C) a positive behavior intervention plan based on data analysis has been written into the plan and implemented.

  (l) direction for dealing with bullying and disruptive students;

  (m) direction for schools to determine the range of behaviors and establish the continuum of administrative procedures that may be used by school personnel to address student behavior, including students who engage in disruptive student behaviors as described in Section 53G-8-210;

  (n) identification, by position, of an individual designated to issue notices of disruptive and bullying student behavior;

  (o) identification of individuals who shall receive notices of disruptive and bullying student behavior;

  (p) a requirement to provide for documentation of an alleged class B misdemeanor or a nonperson class A misdemeanor prior to referral of students with an alleged class B misdemeanor or a nonperson class A misdemeanor to juvenile court;

  (q) strategies to provide for necessary adult supervision;

  (R) a requirement that policies be clearly written and consistently enforced;

  (s) notice to employees that violation of this rule may result in employee discipline or action;

  (t) gang prevention and intervention policies in accordance with Subsection 53E-3-509(1);

  (u) provisions that account for an individual LEA's or school's unique needs or circumstances, including:

  (i) the role of law enforcement;

  (ii) emergency medical services; and

  (iii) a provision for publication of notice to parents and school employees of policies by reasonable means; and

  (iv) a plan for referral for a student with a qualifying office to alternative school-related interventions, including:

  (A) a mobile crisis outreach team, as defined in Section 78A-6-105;

  (B) a receiving center operated by the Division of Juvenile Justice Services in accordance with Section 62A-7-104;

  (C) a youth court; or

  (v) a comparable restorative justice program.

  (4) A plan described in Subsection (1) may include:

  (a) the provisions of Subsection 53E-3-509(2); and

  (b) a plan for training administrators and school resource officers in accordance with Section 53G-8-702.