Section R277-609-2 - Definitions(1) "Discipline" includes: (a) imposed discipline; and(2) "Disruptive student behavior" includes: (a) the grounds for suspension or expulsion described in Section 53G-8-205; and(b) the conduct described in Subsection 53G-8-209(2)(b).(3) "Electronic cigarette product" has the same meaning as that term is defined in Section 76-10-101.(4)(a) "Emergency safety intervention" or "ESI" means the use of seclusionary time out or physical restraint when a student presents an immediate danger to self or others.(b) An "emergency safety intervention" is not for disciplinary purposes.(5) "Emergency safety intervention committee" or "ESI Committee" means an emergency safety intervention committee described in Section R277-609-7.(6) "Evidence-based" means the same as defined in Section 53G-8-211.(7) "Functional Behavior Assessment" or "FBA" means a systematic process of identifying problem behaviors and the events that reliably predict occurrence and non-occurrence of those behaviors and maintain the behaviors across time.(8) "Harassment and discrimination free learning" means a learning environment in which a student is treated fairly regardless of the student's characteristics including race, color, religion or sex, and in which a student's ability to participate in or benefit from the services, activities, or opportunities offered is not limited or interfered with by conduct that is physically threatening, harmful, or humiliating.(9) "Immediate danger" means the imminent danger of physical violence or aggression towards self or others, which is likely to cause serious physical harm.(10) "Imposed discipline" means a code of conduct prescribed for the highest welfare of the individual and of the society in which the individual lives.(11) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.(12) "Physical restraint" has the same meaning as the defined in Section 53G-8-301.(13) "Plan" means an LEA and school-wide written model for prevention and intervention addressing: (a) student behavior management;(b) restorative practices;(c) harassment and discrimination free learning; and(d) discipline procedures for students.(14) "Positive behavior interventions and support" means an implementation framework for maximizing the selection and use of evidence-based prevention practices along a multi-tiered continuum that supports the academic, social, emotional, and behavioral competence of a student.(15) "Program" means an instructional or behavioral program including: (a) contracted services offered by private providers under the direct supervision of public school staff;(b) a program that receives public funding; or(c) a program for which the Board has regulatory authority.(16) "Policy" means standards and procedures that include: (a) Section 53G-8-202 and additional standards,procedures, and training adopted in an open meeting by a local board of education or charter school board that: (i) defines hazing, bullying, and cyber-bullying;(ii) prohibits hazing and bullying;(iii) requires training regarding:(A) the prevention of hazing, bullying, cyber-bullying, and discipline among school employees and students; and(B) the use of restorative practices, positive behavior interventions and supports, and emergency safety interventions;(iv) provides for enforcement through employment action or student discipline;(v) are informed and updated by data obtained by any regular safety or health related survey including a school's climate survey as described in Rule R277-623; and(vi) other appropriate measurements.(17) "Qualifying minor" means a school-age minor who:(a) is at least nine years old; or(b) turns nine years old at any time during the school year.(18) "Restorative justice program" means the same as that term is defined in Section 53G-8-211.(19) "Restorative practice" means the building and sustaining of relationships among students, school personnel, families and community members to build and strengthen social connections within communities and hold individuals accountable to restore relationships when harm has occurred.(20) "School" means any public elementary or secondary school or charter school.(21) "School employee" means:(b) a school staff member;(c) a school administrator; or(d) any other person employed, directly or indirectly, by an LEA.(22) "Seclusionary time out" means that a student is:(a) placed in a safe enclosed area by school personnel in accordance with the requirements of Rules R392-200 and R710-4;(b) purposefully isolated from adults and peers; and(c) prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area.(23) "Section 504 accommodation plan," required by Section 504 of the Rehabilitation Act of 1973, means a plan designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.(24) "Self-Discipline" means developing the ability to take personal responsibility for one's actions.(25) "Student with a qualifying offense" means a qualifying minor who committed an alleged class C misdemeanor, infraction, status offense on school property, or truancy.Utah Admin. Code R277-609-2
Amended by Utah State Bulletin Number 2015-19, effective 9/3/2015Amended by Utah State Bulletin Number 2017-1, effective 12/8/2016Amended by Utah State Bulletin Number 2018-11, effective 5/8/2018Amended by Utah State Bulletin Number 2020-04, effective 1/22/2020Amended by Utah State Bulletin Number 2020-17, effective 8/12/2020Amended by Utah State Bulletin Number 2021-17, effective 8/25/2021Amended by Utah State Bulletin Number 2022-18, effective 9/9/2022Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023Amended by Utah State Bulletin Number 2023-13, effective 6/13/2023