Education, Administration

Section R277-107-6

Public Education Employees

Notice of Proposed Rule

(Amendment)

DAR File No.: 35932
Filed: 03/15/2012 01:23:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to correct a citation and provides clarifying language under which a public education employee may accept a gift.

Summary of the rule or change:

The amendments correct a citation and provide clarifying language under which a public education employee may accept a gift in Section R277-107-6.

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. Correcting a citation and providing clarifying language under which a public education employee may accept a gift do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. Correcting a citation and providing clarifying language under which a public education employee may accept a gift do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education 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. Correcting a citation and providing clarifying language under which a public education employee may accept a gift do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Correcting a citation and providing clarifying language under which a public education employee may accept a gift do not result in compliance costs.

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 carol.lear@schools.utah.gov

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:

05/01/2012

This rule may become effective on:

05/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

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

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]16, 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 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 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.

 

KEY: school personnel

Date of Enactment or Last Substantive Amendment: [March 12, ]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)