R277-615. Standards and Procedures for Student Searches

R277.  Education, Administration.

R277-615.  Standards and Procedures for Student Searches.

R277-615-1.  Authority and Purpose.

          (1)  This rule is authorized by:

          (a)  Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board;

          (b)  Section 53G-8-509, which directs the Board and LEAs to adopt rules to protect students against unreasonable and excessive intrusion of personal rights; and

          (c)  Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

          (2)  The purpose of this rule is to direct LEAs to adopt policies to protect student rights with procedures and provisions that balance students' rights and privacy with the responsibility of school officials for the safety and protection of students and adults while on school property or at school-sponsored events.

R277-615-2.  Definitions.

          (1)  "Controlled substance" has the same meaning as provided in Subsection 58-37-2(1)(f).

          (2)(a)  "Electronic cigarette" means the same as that term is defined in Section 76-10-101. 

(3)  "Electronic cigarette product" means the same as that term is defined in Section 76-10-101.

          (4)  "Electronic cigarette substance" means the same as that term is defined in Section 76-10-101.      (5)  Law enforcement authorities have received police officer training and are acting in that capacity.

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

          (7)  "Weapon" means any item capable of causing death or serious bodily injury or a facsimile or representation of the item.

R277-615-3.  Superintendent Responsibilities.

          (1)  The Superintendent shall provide consistent definitions for LEAs to include in search and seizure policies.

          (2)  The Superintendent shall develop a model search and seizure policy as guidance for LEAs.

          (3)  The Superintendent shall require an assurance from LEAs in the Utah Consolidated Report regarding the student search policy required under Section 53G-8-509.

R277-615-4.  LEA Responsibilities.

          (1)  An LEA shall update the LEA's policy for searching students for controlled substances and weapons to include provisions related to searching students for electronic cigarette products.

          (2)  An LEA shall include appropriate interested parties in the development of student search policies, including:

          (a)  parents;

          (b)  school employees; and

          (c)  licensed school employees.

          (3)  An LEA policy described in Subsection (1) shall ensure protection of individual student rights against excessive and unreasonable intrusion.

          (4)  An LEA shall make policies available electronically and in printed form to parents and students upon enrollment.

          (5)  An LEA shall provide adequate training to appropriate classes of employees for fair and consistent implementation of student search policies.

KEY:  students, searches

Date of Last Change:  August 12, 2020

Notice of Continuation:  December 7, 2021

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53G-8-509; 53E-3-401(4)

Status of Rule

Effective August 12, 2020

Five-year review December 7, 2026

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Oversight Framework

Uncategorized

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Related Utah Law

Public Education Statutes
Title 53G, Chapter 8, Part 5, Substance Abuse Reporting and Weapons Notifications, specifically 53G-8-509

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

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Related Federal Law

None

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Resources

None

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Contact Information

Primary Contact:
Rhett Larsen
rhett.larsen@schools.utah.gov
School Safety Center

Secondary Contact:
Ashley Pistello
ashley.pistello@schools.utah.gov
School Safety Center

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This page was last updated on October 26, 2024.

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NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

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