No. 35674 (Amendment): Rule R277-107. Educational Services Outside of Educator's Regular Employment

(Amendment)

DAR File No.: 35674
Filed: 01/17/2012 07:32:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide provide a new section specific to ethics and update terminology throughout the rule.

Summary of the rule or change:

The changes include adding a new section on ethics for public education employees and updating terminology throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-1-402.5

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Although there may be legal and administrative implications to public education employees for ethics violations, the new section provides more specific language under current state law. Public education employees continue to be subject to state law. There is no cost or savings associated with terminology changes.

local governments:

There are no anticipated costs or savings to local government. Although there may be legal and administrative implications to public education employees for ethics violations, the new section provides more specific language under current state law. Public education employees continue to be subject to state law. There is no cost or savings associated with terminology changes.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education employees and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Although there may be legal and administrative implications to public education employees for ethics violations, the new section provides more specific language under current state law. Public education employees continue to be subject to state law. There is no cost or savings associated with terminology changes.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Although there may be legal and administrative implications to public education employees for ethics violations, the new section provides more specific language under current state law. Public education employees continue to be subject to state law. There is are no compliance costs associated with these terminology changes.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/02/2012

This rule may become effective on:

03/09/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-107. Educational Services Outside of Educator's Regular Employment.

R277-107-1. Definitions.

A. "Activity sponsor" means a private or public individual or entity that employs an employee in any program in which public school students participate.

B. "Board" means the Utah State Board of Education.

C. "Extracurricular activities" means those activities for students recognized or sanctioned by an educational institution which may supplement or compliment, but are not part of, its required program or regular curriculum.

D. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[D]E. "Public education employee (employee)" means a person who is employed on a full-time, part-time, or contract basis by any [public school, public school district or entity]LEA.

[E]F. "Private, but public education-related activity" means any type of activity[ by an employee in which the principal clients are current or prospective students of the employee and for which the employee receives compensation] for which the employee receives compensation and the principle clients are students at the school where the employee works. Such activities include:

(1) tutoring;

(2) lessons;

(3) clinics;

(4) camps; or

(5) travel opportunit[y]ies.

 

R277-107-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402.5 which directs the Board to make rules that establish basic ethical conduct standards for employees who provide public education-related services or activities outside of their regular employment, and 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide direction and parameters for employees who provide or participate in public education-related services or activities outside of their regular public education employment.

C. The Board recognizes that public school educators have expertise and training in various subjects and skills and should have the opportunity to enrich the community with their skills and expertise while still respecting the unique public trust that public educators have.

 

R277-107-3. [Local School Board]LEA Responsibility.

An [school or district]LEA may have policies providing for sponsorship or specific non-sponsorship of extracurricular activities or opportunities for students consistent with the provisions of this rule and the law.

 

R277-107-4. [School or District]LEA Relationship to Activities Involving Educators.

A. An [school or district]LEA may sponsor extracurricular activities or opportunities for students. Extracurricular activities are subject to Utah's school fee laws and rules, fee waivers, procurement and all other applicable laws and rules.

B. An employee that participates in a private, but public education-related activity , is subject to the following:

(1) the employee's participation in the activity shall be separate and distinguishable from the employee's public employment as required by this rule;

(2) the employee may not, in promoting the activity:

(a) contact students at the public schools except as permitted by this rule; or

(b) use education records or information obtained through [their]his public employment unless the records or information are readily available to the general public.

(3) the employee may not use school time to discuss, promote, or prepare for any private activity;

(4) the employee may:

(a) offer public education-related services, programs or activities to students provided that they are not advertised or promoted by the employee during school time.

(b) discuss the private but public education-related activity with students or parents outside of the classroom and the regular school day;

(c) use student directories or online resources which are available to the general public; and

(d) use student or school publications in which commercial advertising is allowed, to advertise and promote the activity.

C. Credit and participation in a public school program or activity may not be conditioned on a student's participation in such activities as clinics, camps, private programs, or travel activities not equally and freely available to all students.

D. No employee may state or imply to any person that participation in a regular school activity or program is conditioned on participation in a private activity.

E. No provision of this rule shall preclude a student from requesting or petitioning a teacher or school for approval of credit based on an extracurricular educational experience consistent with [school/district]LEA policy.

 

R277-107-5. Advertising.

A. An employee may purchase advertising space to advertise an activity or service in a publication, whether or not sponsored by the public schools, that accepts paid or community advertising.

B. The advertisement may identify the activity participants and leaders or service providers by name, provide non-school [telephone numbers]contact information, and provide details of the employee's employment experience and qualification.

C. Posters or brochures may be posted or distributed in the same manner as could be done by a member of the general public, advertising an employee's services, consistent with [school and district]LEA policy.

D. Unless an activity is sponsored by the [school or district]LEA, the advertisement shall state clearly and distinctly that the activity is NOT sponsored by the [school or district]LEA.

E. The name of [schools or districts]an LEA shall not be [named]used in the advertisement except as [they]the LEA's name may relate to the employee's employment history or if school facilities have been rented for the activity.

F. If the name of the employee offering the service or participating in the activity is stated in any advertisement sent to the employee's students, or is posted, distributed, or otherwise made available in the employee's school, the advertisement shall state that the activity is not school sponsored.

 

R277-107-6. Public Education Employees.

A. Public education employees shall comply with Section 63G-6-1001, Felony to accept emolument.

B. Public education employees shall comply with Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.

C. Consistent with Section 63G-6-1001 and Title 67, Chapter 14, public education employees shall not solicit or accept gifts, incentives, honoraria, or stipends from private sources:

(1) for their personal or family use unless the gift is of nominal value and is for birthdays, holidays or teacher appreciation occasions consistent with school or LEA policies and the Utah Public Employees Ethics Act;

(2) in exchange or payment for advertising placed by employee; or

(3) in exchange or payment for securing agreements, contracts or purchases between private company and public education employer, programs or teams.

D. Public education employees who hold Utah educator licenses shall be subject to license discipline (including license suspension or revocation) for violation of this rule and applicable provisions of Utah law.

 

R277-107-[6]7. Public Education Employee/Sponsor Agreements or Contracts.

A. An agreement between an employee and an activity sponsor shall be signed by the employee and include a statement that reads substantially: I understand that this activity is not sponsored by any [school or school district]LEA, that my responsibilities to the activity sponsor are outside the scope of and unrelated to any public duties or responsibilities I may have as a public education employee, and I agree to comply with laws and rules of the state and policies regarding my advertising and participation.

B. The employee shall provide the [district]LEA business administrator, [or] superintendent, or charter school director with a signed copy of all contracts between the employee and a private activity sponsor. The [school district]LEA shall maintain a copy in the employee's personnel file.

 

KEY: school personnel

Date of Enactment or Last Substantive Amendment: [September 1, 2000]2012

Notice of Continuation: July 1, 2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402.5; 53A-1-401(3)

 

---