Current through Bulletin 2023-24, December 15, 2023
(1) In addition to
the requirements of Subsection
53G-9-605(3), an
LEA shall:
(a) develop, update, and implement
policies as required by Section 53G-9-605 and this rule, which shall include a
prohibition on:
(i) bullying;
(ii) cyber-bullying;
(iii) hazing;
(iv) retaliation;
(v) abusive conduct; and
(vi) making a false report.
(b) post a copy of the LEA's
policy on the LEA website;
(c)
develop an action plan to address a reported incident of bullying,
cyber-bullying, hazing, or retaliation;
(d) provide a requirement for a signed
statement that meets the requirements of Subsection
53G-9-605(3)(h)
annually; and
(e) review the
policies required by this Subsection (1) regularly with input from
stakeholders, as described in Subsection
53G-9-605(2)(a).
(2) A signed statement under Subsection
(1)(d) may not be used as a substitute for other training requirements as set
forth in this rule.
(3)
(a) As required by Section 53G-9-605, an LEA
shall notify a student's parent of:
(i) the
student's threat of suicide; or
(ii) an incident of bullying, cyber-bullying,
hazing, or retaliation involving the student as a victim or an individual who
is alleged to have engaged in prohibited conduct.
(b) An LEA shall:
(i) designate the appropriate school employee
to provide parental notification; and
(ii) designate the format in which
notification is provided to a parent and maintained by the LEA.
(c) An LEA shall:
(i) make a notification required in
Subsection (3)(a) in a timely manner; and
(ii) provide the parent with:
(A) suicide prevention materials and
information as recommended by the Superintendent in accordance with Subsection
53G-9-604(2)(b);
(B) information on ways to limit a student's
access to fatal means, including firearms or medication;
(C) information and resources on the healthy
use of social media and online practices.
(4) Subject to
the parental consent requirements of Section
53E-9-203, if applicable, an LEA
shall assess students about the prevalence of bullying, cyber-bullying, hazing,
and retaliation in LEAs and schools, specifically locations where students are
unsafe and additional adult supervision may be required, such as playgrounds,
hallways, and lunch areas.
(5) An
LEA shall take strong responsive action against retaliation, including
assistance to victims and their parents in reporting subsequent problems and
new incidents.
(6)
(a) An LEA shall provide that students,
school employees, coaches, and volunteers receive training on bullying,
cyber-bullying, hazing, retaliation, and abusive conduct from individuals
qualified to provide such training.
(b) The training described in Subsection
(6)(a) shall
(i) include information on:
(A) bullying, cyber-bullying, hazing
retaliation, and abusive conduct;
(B) discrimination under the following
federal laws:
(I) Title VI of the Civil Rights
Act of 1964;
(II) Title IX of the
Education Amendments of 1972;
(III)
Section 504 of the Rehabilitation Act of 1973; and
(IV) Title II of the Americans with
Disabilities Act of 1990;
(C) how bullying, cyber-bullying, hazing
retaliation, and abusive conduct are different from discrimination and may
occur separately from each other or in combination;
(D) how bullying, cyber-bullying, hazing,
retaliation, and abusive conduct are prohibited based upon the students' or
employees' actual or perceived characteristics, including race, color, national
origin, sex, disability, religion, gender identity, sexual orientation, or
other physical or mental attributes or conformance or failure to conform with
stereotypes; and
(E) the right of
free speech and how it differs for students, employees, and parents;
(ii) complement the suicide
prevention program required for students under Rule R277-620 and the suicide
prevention training required for licensed educators consistent with Subsection
53G-9-704(1);
and
(iii) include information on
when issues relating to this rule may lead to student or employee
discipline.
(7)
The training described in Subsection (6) shall be offered to:
(a) new school employees, coaches, and
volunteers within the first year of employment or service; and
(b) all school employees, coaches, and
volunteers at least once every three years after the initial
training.
(8)
(a) An LEA's policies developed under this
section shall complement existing school policies and research based school
discipline plans.
(b) Consistent
with Rule R277-609, the discipline plan shall provide direction for dealing
with bullying, cyber-bullying, hazing, retaliation, abusive conduct, and
disruptive students.
(c) An LEA
shall ensure that a discipline plan required by Rule R277-609:
(i) directs schools to determine the range of
behaviors and establish the continuum of administrative procedures to be used
by school personnel to address the behavior of students;
(ii) provides for identification, by
position, of individuals designated to issue notices of disruptive student
behavior, bullying, cyber-bullying, hazing, retaliation, and abusive
conduct;
(iii) designates to whom
notices shall be provided;
(iv)
provides for documentation of disruptive student behavior in the LEA's student
information system;
(v) includes
strategies to provide for necessary adult supervision;
(vi) is clearly written and consistently
enforced; and
(vii) includes
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.
Adopted by
Utah
State Bulletin Number 2018-15, effective
7/9/2018
Amended by
Utah
State Bulletin Number 2020-11, effective
5/26/2020
Amended by
Utah
State Bulletin Number 2022-11, effective
5/24/2022
Amended by
Utah
State Bulletin Number 2023-16, effective
8/8/2023