R277-107-3. LEA Relationship to Activities Involving Educators

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

  (2) Extracurricular activities are subject to:

  (a) school fee laws and rules, including the provisions of R277-407;

  (b) fee waivers;

  (c) procurement laws; and

  (d) all other applicable laws and rules.

  (3) An employee that participates in a private, but public education-related activity, is subject to the following requirements:

  (a) An employee's participation in the activity shall be separate and distinguishable from the employee's public employment;

  (b) An employee may not, in promoting private, but public education-related activity:

  (a) contact students at a public school, except as permitted by this rule; or

  (b) use education records, resources, or information obtained through the employee's public employment unless the records, resources, or information are readily available to the general public.

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

  (a) a private activity; or

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

  (5) An 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 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.

  (6) An employee may not condition credit and participation in a public school program or activity on a student's participation in such activities as clinics, camps, private programs, or travel activities, which are not equally and freely available to all students.

  (7) 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.

  (8) No provision of this rule shall preclude a student from requesting or petitioning an LEA for approval of credit based on an extracurricular educational experience consistent with LEA policy.