Education

Administration

Rule 631: Student Toilet Training Requirements

Effective Date:

Admin. Code Reference: R277-631

Rule Type: Proposed Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58243

Rule or section number:

R277-631

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT 84111

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Ben Rasmussen

801-538-7992

ben.rasmussen@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-631. Student Toilet Training Requirements

B. Purpose of the new rule or reason for the change:

The amendments are due to the passage of SB 58 during the 2026 General Session.

C. Summary of the new rule or change:

The amendments establish requirements governing personal care independence requirements for public school enrollment beginning with the 2026-2027 school year.

In addition, the amendments revise statutory references, update the implementation date, and conform the disability exception to statute.

The amendments also remove an oversight Category 2 from this rule.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

SB 58 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures.

The amendments update the language from "toilet training" to "personal care independence," revise statutory references, update the implementation date to the 2026-2027 school year, conform the disability exception to SB 58 (2026), and remove the oversight Category 2 designation.

Because these changes solely update terminology, align rule text with state statute, and remove obsolete categorization language, they do not create new state programs or require additional state expenditures.

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

The amendments shift the enrollment requirement implementation date to the 2026-2027 school year and update the vocabulary from "toilet training" to "personal care independence".

This rule also clarifies that Local Education Agencies (LEAs) may enroll students who cannot meet these independence requirements due to a suspected disability subject to federal child find requirements or an IEP/504 plan.

Because these modifications reflect changes mandated by the passage of SB 58 (2026) and strictly update terminology and timelines without imposing new operational or financial burdens on LEAs, there are no incremental costs or savings to local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

This rule strictly governs student enrollment requirements for public schools regarding personal care independence.

Because the amendments do not interact with, mandate services from, or regulate small businesses, there are no incremental costs or savings to small businesses.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

This rule updates the vocabulary and timeline for student personal care independence expectations at the time of public school enrollment.

Because these changes alter enrollment criteria rather than imposing direct financial fees, fines, or out-of-pocket expenses on parents or students, there are no compliance costs for affected persons.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Subsection 53E-3-401(4)

Section 53G-7-230

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

11/02/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

11/09/2026

13. Agency Authorization Information

Agency head or

designee and title:

Ben Rasmussen, Director of Policy

Date:

09/15/2026

R277. Education, Administration.

R277-631. Student [Toilet Training]Personal Care Independence Requirements.

R277-631-1. Authority[,] and 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) S[ubs]ection [53G-7-203(6)]53G-7-230, which requires the Board to make rules [related to student toilet training]establishing personal

care independence standards for public school enrollment.

(2) The purpose of this rule is to establish [toilet training]personal care independence requirements and exceptions for public school

enrollment.

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

R277-631-2. Definitions.

(1)(a) ["Toilet trained"]"Personal Care Independence" means that a student [can]is toilet trained, including the ability to;

(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]student who demonstrates personal care independence can independently tend to hygienic

needs and change clothes.

(2) A student [is not "toilet trained"]does not meet the personal care independence requirements if the student:

(a) does not meet the criteria in Subsection (1); or

(b) 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 [2025-2026]2026-2027 school year, except as provided in Subsection (b) an LEA may not enroll a student unless

the student [is toilet trained]meets the personal care independence requirements.

(b) An LEA may enroll a school-aged student who is [not able to be toilet trained]unable to meet the personal care independence

requirements because of a suspected disability that is subject to federal child find requirements or that is described in an IEP or Section 504 plan.

(2) As part of an LEA's enrollment process, an LEA shall require an assurance from the parent of an incoming student [that the student is

toilet trained as required under]that the student meets the personal care independence requirements described in Subsection (1)(a).

(3) If an LEA denies enrollment under Subsection (1)(a), the LEA shall provide services consistent with the school's requirements under Subsection 53G-6-302(6) or 53G-6-502(3).

R277-631-4. Background Checks.

(1) An LEA may adopt a policy requiring a background check for a parent's designee entering in public multi-stall restrooms for the purposes of aiding in [toilet training pursuant to Subsection R277-631-3(3)(c) or]personal care independence.

(2) An LEA shall ensure that toilet training assistance for a student who is [not toilet trained, as provided under Subsection R277-631-

3(3)(c)]unable to meet personal care independence requirements occurs in a private or cleared restroom.

KEY: personal care independence, toilet training, kindergarten

Date of Last Change: 2026[August 7, 2025]

Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); [53G-7-203(6)]53G-7-230

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