DAR File No. 41770

Education, Administration

Rule R277-111

Sharing of Curriculum Materials by Public School Educators

Notice of Proposed Rule

(Repeal)

DAR File No.: 41770
Filed: 06/09/2017 12:17:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-111 is repealed because the standards and procedures in this rule and Rule R277-115, which is also being repealed, are combined into one new Rule R277-120. (Editor's Note: The proposed repeal of Rule R277-115 is under Filing No. 41771 and the proposed new Rule R277-120 is under Filing No. 41772 in this issue, July 1, 2017, of the Bulletin.)

Summary of the rule or change:

Rule R277-111 provides information and assurance to public school educators about sharing materials created or developed by educators primarily for use in their own classes or assignments. This rule allows and encourages educators to use valuable time and resources to improve instruction and instructional practices with assistance from appropriate materials developed by other educators. The standards and procedures in this rule are being added into the new Rule R277-120, and therefore, Rule R277-111 is being repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Repealing Rule R277-111 will likely not result in a cost or savings to the state budget. The standards and procedures in this rule are provided for in a new rule.

local governments:

Repealing Rule R277-111 will likely not result in a cost or savings to local government. The standards and procedures in this rule are provided for in a new rule.

small businesses:

Repealing Rule R277-111 will likely not result in a cost or savings to small businesses. The standards and procedures in this rule are provided for in a new rule.

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

Repealing Rule R277-111 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The standards and procedures in this rule are provided for in a new rule.

Compliance costs for affected persons:

Repealing Rule R277-111 will likely not result in any compliance costs for affected persons. The standards and procedures in this rule are provided for in a new rule.

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

After conducting a thorough analysis, it was determined that repealing this rule will not result in a fiscal impact to businesses.

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
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 angie.stallings@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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

[ R277-111. Sharing of Curriculum Materials by Public School Educators.

R277-111-1. Definitions.

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

B. "Creative Commons License" means copyright licenses that grant certain rights such as the right to distribute the copyrighted work without changes, at no charge. Works licensed under a Creative Commons License is protected by copyright applicable law. Creative Commons Licenses are non-exclusive and non-revocable.

C. "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. "LEA materials" means materials purchased or developed by an LEA using LEA funds or resources, including materials, resources or activities which the LEA requested employees to create, develop or compile during the employees' contract time.

E. "Material(s)" means all copyrightable works, including writings, lectures, musical or dramatic compositions, sound recordings, films, videotapes and other pictorial or technological reproductions, computer programs, listings, charts, manuals, codes, instructions and software.

F. "Non-commercial use" means use or exchange without payment or compensation of any kind.

G. "Personally developed materials" means materials developed by an educator. These materials may be developed on the educator's contract time using school resources, on the educator's personal time using personal resources, as an individual employment assignment, or in conjunction with other colleagues.

H. "Teacher curriculum materials" means lesson plans, educator research materials, activities, teaching strategies or other printed or electronic materials developed by the public educator.

 

R277-111-2. 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-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and by Section 53A-1-402(1)(e) which directs the Board to encourage school productivity and cost effectiveness measures.

B. The purpose of this rule is to provide information and assurance to public school educators about sharing materials created or developed by educators primarily for use in their own classes or assignments. The intent of this rule is to allow or encourage educators to use valuable time and resources to improve instruction and instructional practices with assistance from appropriate materials developed by other educators.

 

R277-111-3. Educators Sharing Materials.

A. Utah educators may share materials for noncommercial use that educators have developed primarily for use in their own classes, courses or assignments.

B. Utah educators may only share materials that they developed personally and may not unilaterally share materials that were purchased or developed by or on behalf of their public employer or the State.

C. Utah educators may only share materials that are consistent with R277-515 Utah Educator Professional Standards. For example, educators may not share materials that advocate illegal activities or that are inconsistent with their legal and role model responsibilities as public employees and licensed educators.

D. Utah educators may share materials under a Creative Commons License and shall be personally responsible for understanding and satisfying the requirements of a Creative Commons License.

E. The presumption of this rule is that materials may be shared. The presumption is that Utah educators need not seek permission from their employers to share personally-developed materials.

F. Public educators may not sell teacher curriculum materials developed in whole or in part with public education funds or developed within the employee's scope of employment to Utah educators.

 

R277-111-4. LEA Rights.

A. Utah LEAs may develop and make available a policy that directs employees to seek review and approval before employees share materials that were developed on contract time, developed partially or jointly with LEA funding, as part of an LEA assignment or if materials reference or imply LEA use or endorsement.

B. Utah LEAs may prohibit their employees from sharing materials that were purchased with LEA funds or which are licensed specifically for LEA use.

 

KEY: curriculum materials, sharing

Date of Enactment or Last Substantive Amendment: March 10, 2015

Notice of Continuation: January 15, 2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(e) ]