R277-631. Student Toilet Training Requirements

R277.  Education, Administration.

R277-631.  Student Toilet Training Requirements.

R277-631-1.  Authority, Purpose, and Oversight Category.

          (1)  This rule is authorized by:

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

          (b)  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; and

          (c)  Subsection 53G-7-203(6), which requires the Board to make rules related to student toilet training.

          (2)  The purpose of this rule is to:

          (a)  establish toilet training requirements and exceptions; and

          (b)  require each LEA to adopt policies for dealing with individual students with toilet training issues.

          (3)  This Rule R277-631 is categorized as Category 2 as described in Rule R277-111.

R277-631-2.  Definitions.

          (1)(a)  "Toilet trained" means that a student can;

          (i)  communicate the need to use the bathroom to an adult;

          (ii)  sit down on a toilet;

          (iii)  use the toilet without assistance;

          (iv)  undress and dress as necessary; and

          (v)  tend to personal hygienic needs after toileting.

          (b)  If an accident occurs a "toilet trained" child can independently tend to hygienic needs and change clothes.

          (2)  A student is not "toilet trained" if the student has accidents with sufficient frequency to impact the educational experience of the student or the student's peers, as determined by an LEA.

R277-631-3.  LEA Requirements.

          (1)(a)  Beginning in the 2024-2025 school year, except as provided in Subsection (b) an LEA may not enroll a student in kindergarten unless the student is toilet trained.

          (b)  An LEA may enroll a student who is not toilet trained if the student's developmental delay is a result of a condition addressed by an IEP or Section 504 plan.

          (2)  As part of an LEA's kindergarten enrollment process, an LEA shall require an assurance from the parent of an incoming student that the student is toilet trained as required under Subsection (1)(a).

          (3)  Each LEA shall establish a policy for addressing the needs of enrolled students who lack toilet training, which shall include:

          (a)  considering whether a student's delay in toileting capability may be a sign of a disability that could impact the child's education, including initial evaluation consistent with the LEA's child find obligations, if appropriate;

          (b)  referring a student and the student's parents to a school social worker or counselor:

          (i)  to provide additional family supports and resources; and

          (ii)  to create an individualized plan to address the student's needs;

          (c)  establishing the circumstances under which a parent or a parent's adult designee may aid in toilet training;

          (d)  coordinating with appropriate LEA personnel and parents to reintegrate a student, as appropriate, once the student has become toilet trained.

KEY:  toilet training, kindergarten

Date of Last Change:  June 7, 2024

Authorizing, and Implemented or Interpreted Law:  Article X, Section 3; 53E-3-401(4); 53G-7-203(6)

Status of Rule

Effective June 7, 2024

Five-year review June 9, 2029

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Oversight Framework

Category 2

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Related Utah Law

Public Education Statutes
53G-7-203

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

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Related Federal Law

Individuals with Disabilities Education Act (IDEA)

Section 504 of the Rehabilitation Act of 1973

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Resources

None

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Contact Information

Primary Contact:
Christine Elegante
christine.elegante@schools.utah.gov
Teaching and Learning

Secondary Contact:
Julie Clark
julie.clark@schools.utah.gov
Teaching and Learning

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This page was last updated on November 18, 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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