Utah Admin. Code R277-613-4 - LEA Responsibility to Create or Update Bullying Policies

(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, abusive conduct, or retaliation;

(d) provide a requirement for a signed statement that meets the requirements of Subsection 53G-9-605(3)(h) annually;

(e) review the policies required by this Subsection (1) regularly with input from stakeholders, as described in Subsection 53G-9-605(2)(a); and

(f) include language outlining response to students who share a recording of an act of bullying, cyber-bullying, hazing, abusive conduct, and retaliation to impact or encourage future incidents.

(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 student subjected to the incident, or an individual who is alleged to have engaged in prohibited conduct; and (iii) of the action plan to address the incident.

(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;

(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; and

(C) information and resources on the healthy use of social media and online practices; and

(iii) produce and maintain a record that:

(A) verifies that the school notified each parent in accordance with the law; and

(B) tracks implementation of the action plan addressing the incident, if applicable.

(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 students subjected to the incident 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.

Notes

Utah Admin. Code R277-613-4

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 Amended by Utah State Bulletin Number 2024-20, effective 10/8/2024