No. 39489 (Amendment): Rule R277-107. Educational Services Outside of Educator's Regular Employment

(Amendment)

DAR File No.: 39489
Filed: 07/01/2015 11:35:11 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Based on this rule's five-year review, Rule R277-107 is amended to update terminology and provide technical changes throughout.

Summary of the rule or change:

The amendments to this rule provide updated terminology and technical changes.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The amendments provide updated terminology and technical changes that likely will not result in a cost or savings to the state.

local governments:

The amendments provide updated terminology and technical changes that likely will not result in a cost or savings to local government.

small businesses:

The amendments provide updated terminology and technical changes that likely will not result in a cost or savings to small businesses.

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

The amendments provide updated terminology and technical changes that likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide updated terminology and technical changes that likely will not result in any compliance costs for affected persons.

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

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, 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:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

08/14/2015

This rule may become effective on:

08/21/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

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 activit[ies]y" means [those]an activit[ies]y for students recognized or sanctioned by an [educational institution]LEA which may supplement or compliment, but [are]is not part of, [its]the LEA's required program or regular curriculum.

D. "LEA" or "local education agency" means a [local education agency, including local school boards/public ]school district[s], charter school[s, and]or, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

E. "Public education employee (employee)" means a person who is employed on a full-time, part-time, or contract basis by any LEA.

F[.](1) "Private, but public education-related activity" means any type of activity for which :

(a) [the]a public education employee receives compensation ; and

(b) the principle clients are students at the school where the employee works.

(2) [Such activities]"Private, but public education-related activity" may include:

([1]a) tutoring;

([2]b) lessons;

([3]c) clinics;

([4]d) camps; or

([5]e) travel opportunities.

 

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. LEA Responsibility.

An LEA may have policies providing for the following, consistent with the provisions of this R277-107 and the law:

A.  sponsorship or specific non-sponsorship of extracurricular activities ; or

B.  opportunities for students[consistent with the provisions of this rule and the law].

 

R277-107-4. LEA Relationship to Activities Involving Educators.

A[.](1) An LEA may sponsor extracurricular activities or opportunities for students.

(2)  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, resources, or information obtained through [his]the employee's public employment unless the records, resources, or information are readily available to the general public[.];

(3) the employee may not use school time to discuss, promote, or prepare for :

(a) a[ny] private activity; or

(b) a private, but public education-related activity;

(4) the employee may:

(a) offer private, but 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]a 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 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 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 LEA policy.

D. Unless an activity is sponsored by the LEA, the advertisement shall state clearly and distinctly that the activity is NOT sponsored by the LEA.

E. The name of an LEA [shall]may not be used in the advertisement except as 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]Title 63G, Chapter 6a, Utah Procurement Code.

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

C. Except as provided in R277-107-6D, [C]consistent with Section 63G-[6-1001]6a-2404 and Title 67, Chapter 16, Public Officers' and Employees' Ethics Act, a public education employee[s shall] may not solicit or accept gifts, incentives, honoraria, or stipends from private sources:

(1) for the[ir]employee's personal or family use[unless the gift is of nominal value and is for birthdays, holidays or teacher appreciation occasions or is a public award in recognition of public service, consistent with school or LEA policies and the Utah Public Employees Ethics Act];

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

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

D. A public education employee may accept a gift, incentive, honoraria, or stipend from a private source if the gift, incentive, honoraria, or stipend is:

(1)(a) of nominal value and is for birthdays, holidays, or teacher appreciation occasions; or

(b) a public award in recognition of public service; and

(2) consistent with school or LEA policies and the Utah Public Employees Ethics Act.

[D]E. A [P]public education employee[s] who holds a Utah educator license[s] shall be subject to license discipline (including license suspension or revocation) for violation of this [rule]R277-107 and applicable provisions of Utah law.

 

R277-107-7. 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 an[y] 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]An employee shall provide the LEA business administrator, superintendent, or charter school director with a signed copy of all contracts between the employee and a private activity sponsor.

C. [The]An LEA shall maintain a copy of a contract described in R277-107-7B in the employee's personnel file.

 

KEY: school personnel

Date of Enactment or Last Substantive Amendment: [May 8, 2012]2015

Notice of Continuation: July 1, 2010

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

 

---