R277-709. Education Programs Serving Youth in Care

R277. Education, Administration.

R277-709. Education Programs Serving Youth in Care.

R277-709-1. Authority, Purpose, and Oversight Category.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of 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 53E-3-503(2)(b) which requires the Board to adopt rules for the distribution of funds for the education of youth in care.

(2) The purpose of this rule is to specify operation standards, procedures, and distribution of funds for youth in care programs.

(3) This Rule R277-709 is categorized as Category 4 as described in Rule R277-111.

R277-709-2. Definitions.

(1) "Accreditation" means the formal process for evaluation and approval from a regional accrediting body.

(2) "Youth in care" or "YIC" means a person for whom the Board is responsible to provide educational services under Sections 53E-3-503 and 26B-5-325.

R277-709-3. LEA Programs.

(1) An LEA shall submit an annual application and plan for approval by the Superintendent to receive funds and provide educational services for YIC.

(2) The LEA's plan described in Subsection (1) shall include:

(a) a strategic plan outlining the key goals and strategies the program will achieve for YIC students;

(b) the respective responsibilities of the Board, LEAs, and other local service providers for education; and

(3) An LEA with an approved YIC program shall:

(a) assign each YIC student in a school-based program a mentor using an evidence-based mentoring program;

(b) admit a YIC student to classes within five school days following arrival at a new residential placement;

(c) flag the student as a YIC student in the LEA's student information system and obtain applicable forms from the Utah Department of Health and Human Services (DHHS) regarding the YIC designation of the student;

(d) maintain a system to record incident data including incident data described by Rule R277-912 and Section 53E-3-516;

(e) offer courses consistent with the Utah Core standards described in Rule R277-700;

(f) ensure staff assigned to a YIC student be qualified and appropriate for the student's assignments in accordance with Board licensing rules;

(g) maintain accreditation as part of the LEA where the programs are located consistent with Rule R277-410;

(h) prioritize course content mastery rather than completion of predetermined seat time in a classroom; and

(i) coordinate educational services with non-custody programs to enable a YIC student to continue the student's education following discharge from custody.

(4) The Superintendent shall make available written course descriptions for GED Test preparation for YIC students who consider pursuing GED Tests as an alternative to traditional Carnegie diploma courses.

(5) An LEA shall provide an education program for a YIC student that:

(a) is in the least restrictive environment appropriate for the student's behavior and educational performance;

(b) conforms to the student's individualized education program (IEP) when the student qualifies for special education;

(d) references existing administrative rule and its applicability where appropriate.

(6) An LEA may provide a YIC student a temporary schedule that can be modified to meet the YIC student's needs after an evaluation and planning process is complete.

(7) An LEA may not assign or allow a YIC student to remain in a restrictive environment, including separation from general education students and programs, due to:

(a) the student's custodial status;

(b) past behavior that does not put others at risk; or

(8) If an LEA uses a secured facility, including a residential treatment center, to provide educational services to a YIC student, the LEA shall provide an educational and career transition advocate and transition services for the YIC student.

(9) An LEA shall maintain all grades, attendance records, and special education SCRAM records for a YIC student in the LEA's student information system in compliance with Rule R277-484, Data Standards.

(10) An LEA with a YIC program shall participate in regular compliance monitoring visits by the Superintendent.

(11) Following a student's release from or transfer to a new LEA's program, the sending LEA shall ensure all available school records are up to date and forward the school records to the receiving LEA consistent with Section 53G-6-604.

R277-709-4. School Counseling.

(1) An LEA shall ensure each YIC student has a written plan for college and career readiness as described in Section R277-462-5 including defining the student's academic achievement and known in-school and extra-school factors which may affect the student's school performance.

(2) An LEA with a YIC program shall develop the plans required under Section R277-462-5 in cooperation with appropriate representatives of other service agencies working with a YIC student, such as Division of Juvenile Justice and Youth Services, Division of Child and Family Services, and Department of Workforce Services.

(3) An LEA shall accept credit earned in a YIC program that is accredited at face value in Utah's public schools consistent with Section R277-410-9.

R277-709-5. Special Education.

(1) An LEA with a YIC program shall adhere to the IDEA and state special education rules for the LEA's YIC program.

(2) The IEP team shall review the postsecondary transition plan in connection with the development of the college and career readiness plan.

(3) An LEA with a student who is both a student with a disability and a YIC student may provide services to that student from the LEA's YIC program and shall provide services from the LEA's special education program if the student qualifies for special education.

(4) An LEA shall provide educational instruction as defined in Rule R277-750 to a YIC student who qualifies for special education services.

(5) An LEA shall ensure that custodial status alone is not used to qualify a YIC student as a student with a disability under laws regulating special education.

(6) The Superintendent shall monitor special education programs provided through YIC in conjunction with Utah Program Improvement Planning Systems (UPIPS) monitoring.

R277-709-6. Program Fiscal and Accountability Procedures.

(1) An LEA with an approved application and plan, and the Utah State Hospital, shall receive an allocation of state funds appropriated for YIC programs in accordance with Section 53E-3-503 and Section 26B-5-325.

(2) An LEA shall receive funding determined by a set of criteria including:

(a) the number of YIC students served by the LEA;

(b) the type of program required for a student;

(d) the length of the YIC program.

(3) An LEA with an approved YIC program shall expend funds approved solely for the purposes described in the LEA's approved plan.

(4) An LEA with an approved program may use funds that provide incidental benefits for non YIC students if:

(a) the educational provider is performing a task related to specific needs of at least one YIC student outlined in the YIC student's education plan; and

(b) the task does not require additional time beyond what is required to address the specific needs of at least one YIC student outlined in the YIC student's education plan.

(5) The Superintendent may retain no more than 5% of the total YIC annual legislative appropriation for administration, oversight, monitoring, and evaluation of YIC programs and their compliance with law and this rule.

(6) Up to 3% of the 5% of administrative funds allowed under Subsection (5) may be withheld by the Superintendent and directed to students attending YIC programs for short periods of time or to new or beginning YIC programs or initiatives benefiting YIC students.

(7) The Superintendent may only contract through an RFP process with an appropriate entity if the Superintendent determines that the LEA where the facility is located is unable or unwilling to provide adequate education services.

(8) YIC students receiving education services by or through an LEA shall be considered students of that LEA.

(9) Notwithstanding the procedures for determining an alternative district of residency in Rule R277-621, an LEA may not create an alternative district of residency for a student who has been placed in custody primarily in an attempt to receive services in a state funded YIC program.

(10) An LEA may carry forward 10% of state YIC funds or educational contract funds for use in the next fiscal year with written approval of the Superintendent.

(11) An LEA shall submit to the Superintendent a request to carry forward funds for approval by the deadline specified by the Superintendent.

(12) If approved, an LEA shall detail carry forward amounts in a revised budget submitted to the Superintendent by the deadline specified by the Superintendent in the year requested.

(13) The Superintendent shall consider carry forward funds in determining the LEA's allocation for the next fiscal year.

(14) The Superintendent shall:

(a) annually assess carry forward fund balances more than 10%; and

(b) reallocate excess funds to YIC programs based on the criteria and procedures provided by this rule.

(15) An LEA may make budget adjustments to the LEA's approved plan without approval from the Superintendent if the adjustments are below 10% of the LEA's approved plan.

(16) An LEA shall seek approval by the Superintendent to make budget adjustments that are larger than 10% of the LEA's approved plan.

R277-709-7. Confidentiality.

(1) An LEA shall issue transcripts and diplomas prepared for a YIC student in the name of an existing accredited school and may not bear references to custodial status.

(2) An LEA shall use reasonable methods to ensure that school officials obtain access to only those education records in which they have a legitimate educational interest.

(3) An LEA that does not use physical or technological access controls shall:

(a) ensure that the LEA's administrative policy for controlling access to education records is effective; and

(b) that the LEA remains in compliance with the legitimate educational interest requirement as described in Family Educational and Privacy Rights Act and 34 CFR Section 99.31.

(4) An interagency team, including an LEA, that oversees student education plans shall:

(a) have access to relevant records of the various agencies through each team member representatives of the participating agencies; and

(b) ensure the records and information obtained from the records remain the property of the supplying agency and may not be transferred or shared with other persons or agencies without the permission of the supplying agency, the student's parent, or the eligible student, as defined under the Family Educational and Privacy Rights Act 20 U.S.C. 1232g(d).

R277-709-8. Coordinating Council.

The Board shall coordinate with DHHS to appoint a coordinating council in accordance with Subsection 53E-3-503(6)(a) to plan, coordinate, and recommend budget, policy, and program guidelines for the education and treatment of persons in the custody of the Division of Juvenile Justice and Youth Services and the Division of Child and Family Services.

R277-709-9. Local Interagency Councils.

(1) An LEA serving YIC students shall establish a local interagency council which shall be responsible for advising member agencies concerning coordination of YIC programs; and

(2) Members of council required under Subsection (1) shall include, if applicable to the LEA, the following:

(a) a representative of the Division of Child and Family Services;

(b) a representative of the Division of Juvenile Justice and Youth Services;

(c) directors of agencies located in an LEA such as detention centers, secure lockup facilities, observation and assessment units, and the Utah State Hospital;

(d) a representative from contracted residential providers serving YIC in their LEA; and

(e) a representative of the LEA.

(3) A local interagency advisory council required under Subsection (1)(a) shall:

(a) adopt by-laws for its operation; and

(b) meet at least quarterly

R277-709-10. Corrective Action.

An LEA that does not comply with the requirements of this rule may be subject to a corrective action plan and potential reduction of funds or penalty in accordance with Rule R277-114.

KEY: students, education, juvenile courts

Date of Last Change: November 7, 2024

Notice of Continuation: December 15, 2022

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-503(2)(b)

R277. Education, Administration.

R277-217. Educator Standards and LEA Reporting.

R277-217-1. Authority and Purpose.

(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;

(d) Title 53E, Chapter 6, Educator Licensing and Professional Practices Act, which provides all laws related to educator licensing and professional practices.

(2) The purpose of this rule is to:

(a) establish statewide ethical standards for educators;

(b) establish reporting requirements for educators and LEAs; and

(c) recognize that educators are professionals and share common professional standards, expectations, and role model responsibilities.

R277-217-2. Prohibited Conduct by an Educator.

An educator may not:

(1) be convicted of a felony;

(2) be convicted of a misdemeanor offense that:

(a) adversely affects the educator's ability to perform an assigned duty and carry out the educator's responsibilities; or

(b) adversely affects the well being of students;

(3) be convicted of, or engage in conduct of a sexual nature described in Subsection 53E-6-603(2);

(4) participate in sexual, physical, or emotional harassment towards any colleague or public school-age student;

(5) engage in:

(a) a single egregious instance or pattern of inappropriate contact in any communication, including written, verbal, or electronic, with a minor, student, colleague, or member of the community; or

(b) a single egregious instance or pattern of boundary violations with a student;

(6) solicit, encourage, or consummate an inappropriate relationship, whether written, verbal, or physical, with a student or minor;

(7) accept an inappropriate gift from, or give an inappropriate gift to, a student;

(8) be convicted of or commit a criminal offense involving a child, including physical abuse, cruelty, or exploitation of child;

(9) use corporal punishment, excessive physical force, or inappropriate physical restraint, except as provided in Section 53G-8-302;

(10) provide alcohol or unauthorized drugs to a student or allow a student under the educator's supervision or control to consume or obtain alcohol or unauthorized drugs;

(11) attend school or a school-related activity in an assigned employment-related capacity while possessing, using, or under the influence of alcohol or an illegal drug;

(12) attend school or a school-related activity in an assigned employment-related capacity after intentionally exceeding the prescribed dosage of a prescription medication that may impair the educator;

(13) possess or distribute an illegal drug or be convicted of any crime related to an illegal drug, including a prescription drug not specifically prescribed to the educator;

(14) be convicted of an alcohol-related offense;

(15) use or attempt to use an LEA computer or information system to access information that may be detrimental to young people or inconsistent with the educator's role model responsibility;

(16) knowingly possess, while at school or any school-related activity, any pornographic or indecent material in any form;

(17) use school equipment to intentionally view, create, distribute, or store pornographic or indecent material in any form;

(18) knowingly use, view, create, distribute, or store pornographic or indecent material involving children;

(19) expose students to sensitive materials:

(a) as defined in Section 53G-10-103; and

(b) as determined by the educator's LEA.

(20) violate state laws regarding the possession of a firearm while on school property or at a school-sponsored activity;

(21) knowingly allow a student to violate an LEA policy or law concerning possession or access to a weapon;

(22) interfere with or discourage a student's or colleague's legitimate exercise of constitutional, legal, or civil rights, acting consistent with the law and an LEA's policy;

(23) discriminate against, harass, exclude a student from participating in any program, deny or grant any benefit to a student, or encourage a student to develop a prejudice on the basis of:

(a) race;

(b) color;

(d) sex;

(e) national origin;

(f) marital status;

(g) political or religious belief;

(h) physical or mental condition;

(i) family, social, or cultural background;

(j) sexual orientation; or

(k) gender identification;

(24) invite, suggest, or encourage a student to reconsider or change the student's sexual orientation or gender identity;

(25) use the educator's position, through instruction, materials, or symbols, to actively endorse, promote, or disparage a particular partisan, religious, denominational, sectarian, agnostic, or atheistic belief or viewpoint, in a manner inconsistent with the policy of the educator's LEA;

(26) knowingly or intentionally permit unauthorized collection, sharing, or use of student data;

(27) knowingly violate student confidentiality unless revealing confidential information to an authorized person serves the best interest of the student and serves a lawful purpose;

(28) violate:

(a) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;

(b) Title 53E, Chapter 9, Student Privacy and Data Protection;

(d) Section R277-120-5, Classroom Materials Developed by Utah Educators; or

(e) Sections 53G-10-401 through 53G-10-403, Rule R277-474, or other Utah law regarding sex education; or

(29) cheat or engage in academic dishonesty, whether on behalf of a student, or in the educator's own educational pursuits.

R277-217-3. Required Conduct for an Educator.

An educator shall:

(1) comply with all federal, state, and local laws;

(2) maintain a professional educator/student relationship, including by:

(a) treating a student with dignity and respect by promoting the health, safety and well being of students; and

(b) maintaining appropriate verbal, emotional and social boundaries;

(3) take prompt and appropriate action to stop, mitigate, and prevent harassment or discriminatory conduct toward a student or school employee that the educator knew or should have known may result in a hostile, intimidating, abusive, offensive, or oppressive environment;

(4) take prompt and appropriate action to protect a student from any known condition detrimental to the student's physical health, mental health, safety, or learning;

(5) report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services in accordance with Sections 53E-6-701 and 80-2-602;

(6) cooperate in providing all relevant information and evidence to the proper authority in the course of an investigation by a law enforcement agency or by the Division of Child and Family Services regarding potential criminal activity, except that an educator may decline to give evidence against himself or herself in an investigation if the evidence may tend to incriminate the educator as that term is defined by the Fifth Amendment of the U.S. Constitution;

(7) take appropriate steps to notify a student's parents and refer a student to appropriate prevention services if a student threatens suicide or self harm as required by Subsections 53E-9-203(7) and 53G-9-604(2);

(8) provide truthful, accurate, and complete information in:

(a) licensing, transfer, and employment applications or other documentation;

(b) evaluations of the educator, other educators, or students;

(d) student IEP plans and related special education documentation;

(9) be forthcoming with truthful, accurate, and complete information to an appropriate authority regarding known educator misconduct that could adversely impact performance of a professional responsibility, by another educator;

(10) notify the Superintendent at the time of application for licensure of:

(a) current investigations involving professional misconduct in another jurisdiction;

(b) prior licensing disciplinary action in another jurisdiction; and

(11) report an arrest, citation, charge or conviction to the educator's LEA in accordance with Section R277-217-4;

(12) conduct financial business with integrity by honestly accounting for all funds committed to the educator's charge, as school responsibilities require, consistent with LEA policy;

(13) follow an LEA's fiscal policy for collecting money in connection with a school activity, accounting for all money collected, and not commingling LEA or school funds with personal funds as described in Rule R277-113;

(14) demonstrate honesty and integrity by strictly adhering to all state and LEA instructions and protocols in managing and administering a standardized test to a student consistent with Section 53E-4-312 and Rule R277-404; and

(15) use supplemental materials consistent with LEA policy as required by Subsection 53G-4-402(26).

R277-217-4. Educator Reporting of Arrests, Citations, Charges, and Convictions.

(1) An educator who is arrested, cited, or charged with the following alleged offenses shall report the arrest, citation, or charge within 48 hours or as soon as possible to the licensed educator's district superintendent, charter school director, or the LEA's designee, or to the Executive Secretary if not employed:

(a) any matters involving an alleged sex offense;

(b) any matters involving an alleged drug-related offense;

(d) any matters involving an alleged offense against the person under Title 76, Chapter 5, Offenses Against the Person;

(e) any matters involving an alleged felony offense under Title 76, Chapter 6, Offenses Against Property;

(f) any matters involving an alleged crime of domestic violence under Title 77, Chapter 36, Cohabitant Abuse Procedures Act; and

(g) any matters involving an alleged crime under federal law or the laws of another state comparable to the violations listed in Subsections (1)(a) through (f).

(2) An educator shall report any conviction or plea in abeyance for a felony or misdemeanor offense to the educator's LEA, or the Executive Secretary if not employed, within 48 hours, or as soon as possible thereafter.

(3) An LEA superintendent, director, or designee shall report conviction, arrest, or offense information received from an educator to the Superintendent within 48 hours of receipt of information from an educator.

(4) The Superintendent shall provide a form on the Board's website for reports required under this section.

(5) An educator shall report for work following an arrest and provide notice to the licensed educator's employer unless directed not to report for work by the employer, consistent with LEA policy.

R277-217-5. LEA Reporting of Misconduct to UPPAC.

(1) An LEA shall notify UPPAC if an educator is determined pursuant to a judicial or administrative proceeding, or internal LEA investigation, to have violated the educator standards described in Sections R277-217-2 and R277-217-3.

(2)(a) A district superintendent or a charter school director, or their respective designees, shall notify UPPAC and the educator of any allegation from a parent that an educator's conduct violated Sections R277-217-2 and R277-217-3 within 30 days of receiving the allegation.

(b) The Executive Secretary shall record an allegation received under Subsection (2)(a), but shall defer further investigation pending the LEA's determination of possible LEA discipline.

(c) The Executive Secretary shall classify allegations received under Subsection (1) or Subsection (2)(a) as private under Subsection 63G-2-302(2)(d).

(3) For each allegation referred to UPPAC under Subsections (1) and (2)(a), an LEA shall notify UPPAC of:

(a) the findings of the LEA's internal investigation or administrative proceedings;

(b) criminal charges filed by a prosecuting agency;

(d) any evidence that may be relevant if UPPAC chooses to investigate the matter.

(4) The Executive Secretary shall provide a form for an LEA to make a notification required under Subsections (1) and (2).

(5) Upon submitting a notification under Subsection (1) or (2), an LEA may make a recommendation to the Executive Secretary concerning whether an investigation by UPPAC would be appropriate under the circumstances, taking into account any employment action taken by the LEA, but the LEA's recommendation is not binding on UPPAC, which shall make its own independent determination consistent with Section R277-211-3.

KEY: educator standards, professional practices, reporting

Date of Last Change: January 24, 2024

Notice of Continuation: February 10, 2021

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53E-6

Status of Rule

Effective November 7, 2024

Five-year review December 15, 2027

Oversight Framework

Category 4

Related Utah Law

Public Education Statutes
53E-3-503

53E-3-516

53G-6-604

Other Statutes
26B-5-325

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-114, Response to Compliance and Related Issues

R277-410, Accreditation of Schools

R277-462, Comprehensive School Counseling Program

R277-484, Data Standards

R277-621, District of Residence

R277-700, The Elementary and Secondary School General Core

R277-750, Education Programs for Students With Disabilities

R277-912, Law Enforcement Related Incident Reporting

Related Federal Law

Family Educational Rights and Privacy Act (FERPA)

Individuals with Disabilities Education Act (IDEA)

Section 504 of the Rehabilitation Act of 1973

Resources

Contact Information

Primary Contact:
Benji Carrier
benji.carrier@schools.utah.gov
Youth in Care

Secondary Contact:
Julia Armstrong
julia.armstrong@schools.utah.gov
Youth in Care

This page was last updated on December 10, 2024.

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.

*Add history here*

NOTE: This history only shows rule versions from 2018 to the present. Any earlier documents can be accessed at the Office of Administrative Rules website. Please contact Kirin McInnis, legal assistant, at kirin.mcinnis@schools.utah.gov with any questions.

	Categories related to this rule:		This rule requires:		Framework category:
	Adult Education	X	Committee or council		Exempt from framework
	Charter Schools		Local policy		Category 1
X	College and Career		Notice or website posting		Category 2
	Educators and Employees		Permission or consent		Category 3
X	Federal	X	Plan	X	Category 4
X	Funding	X	Reporting--Local		Uncategorized
	LEA Operation and Administration		Reporting--USBE
	Licensing		Training
X	Non-academic Student Support
	Parents
X	Participation in Public Schools		Related Funding:
	School Improvement and Accountability		Minimum School Program--Basic
X	Special Education		MSP--Related to Basic--Formula
X	Student Learning		MSP--Related to Basic--Grant
X	Student Safety, Behavior, and Discipline		Contracted Initiative
	Utah Schools for the Deaf and the Blind		Initiative Grant Program
	Utah State Board of Education		Other Funding