DAR File No. 41090
This rule was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.
Public School Membership in Associations
Notice of Proposed Rule
DAR File No.: 41090
Filed: 12/14/2016 03:00:34 PM
Purpose of the rule or reason for the change:
Rule R277-409 is amended to provide provisions for student transfers and appeals of association hearing determinations.
Summary of the rule or change:
The amendments to Rule R277-409 provide two new sections. Section R277-409-4 provides procedures for transferring student eligibility to participate in association activities, and Section R277-409-5 provides procedures for appeals of association actions.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which may result in a cost to public schools. The cost is speculative.
The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which may result in a cost to an association that governs public education interscholastic activities if a public school is a member of the association. The cost is speculative.
Compliance costs for affected persons:
The amendments to Rule R277-409 provide provisions for transferring student eligibility and appeals of association actions, which 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:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
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 firstname.lastname@example.org
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:
This rule may become effective on:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-409. Public School Membership in Associations.
R277-409-1. Authority and Purpose.
(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; and
(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.
(2) The purpose of this rule is to place limitations on public school membership in certain associations with rules or policies that conflict with Board policies.
(1) "Association" means an organization that governs or regulates a student's participation in an interscholastic activity.
2]) "Interscholastic activity" means an activity
within the state in which the students that participate represent a
school in the activity.
3]) "Recruiting" means a solicitation or
(a) initiated by:
(i) an employee of a school or school district;
(ii) a coach or advisor of an interscholastic activity; or
(iii) a member of a booster, alumni, or other organization that performs a substantially similar role as a booster organization, affiliated with a school or school district; and
(b) to influence a student, or the student's relative or legal guardian, to transfer to a school for the purpose of participating in an interscholastic activity at the school.
R277-409-3. Membership Restrictions.
(1) Beginning with the 2017-2018 school
year, a public school may not be a member of, or pay dues to an
association that adopts rules or policies that are inconsistent
with this R277-409[
(2) An association shall permit the Board to audit the association's:
(a) financial statements; and
(b) compliance with Utah Code, Board rule, and the association's bylaws, policies, rules, and best practices.
(3) An association may not treat similarly situated schools differently in the association's designation of division classifications, or in applying other association policies, based solely on the school's status as a charter school or district public school.
(4) An association may sanction a school, coach, or individual who oversees or works with students as part of an interscholastic activity of a public school if the association finds that the coach or individual:
(a) engaged in recruiting activities; or
(b) violated any other rule or policy of the association.
(5) An association shall establish a policy or rule to govern the association's use of student data that complies with the student data privacy requirements of:
(b) Title 53A, Chapter 1, Part 14, Student Data Protection Act;
(c) Title 53A, Chapter 13, Part 3, Utah Family Educational Rights and Privacy Act; and
(6) An association shall establish policies or rules that require:
(a) coaches and individuals who oversee interscholastic activities or work with students as part of an interscholastic activity to meet a set of professional standards that are consistent with the Utah Educator Professional Standards described in Rule R277-515; and
(b) the association or public school to annually train each coach or other individual who oversees or works with students as part of an interscholastic activity of a public school on the following:
(i) child sexual abuse prevention as described in Section 53A-13-112;
(ii) the prevention of bullying, cyber-bullying, hazing, harassment, and retaliation as described in:
(A) Title 53A, Chapter 11a, Bullying and Hazing; and
(B) R277-613; and
(iii) the professional standards described in Subsection (6)(a).
(7) An association shall establish procedures and mechanisms to:
(a) monitor LEA compliance with the association's training requirements described in Subsection (6);
(b) sanction individuals who violate the association's professional standards described in Subsection (6)(a);
(c) track individuals who violate the association's standards described in Subsection (6)(a); and
(d) prohibit individuals who have violated the association's standards described in Subsection (6)(a) from coaching, overseeing, or working with students as part of an interscholastic activity.
(8) An association shall establish a policy or rule that requires the association to follow requirements similar to the requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
KEY: schools, memberships, associations
Date of Enactment of Last Substantive Amendment: [
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.