DAR File No. 42915

Education, Administration

Rule R277-107

Educational Services Outside of Educator's Regular Employment

Notice of Proposed Rule

(Amendment)

DAR File No.: 42915
Filed: 05/14/2018 03:52:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies.

Summary of the rule or change:

This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, but none of these changes are substantive.

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-401(4)
• Article X Section 3
• Section 53E-3-512

Anticipated cost or savings to:

the state budget:

There are no aggregate anticipated cost or savings to the state budget because this rule deals with educational services outside of an educator's regular employment.

local governments:

There are no aggregate anticipated cost or savings to local governments because this rule deals with educational services outside of an educator's regular employment.

small businesses:

There are no aggregate anticipated cost or savings to small businesses because this rule deals with educational services outside of an educator's regular employment.

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

There are no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this rule deals with educational services outside of an educator�s regular employment.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

These changes to Rule R277-107 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule change is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with educational services outside of an educator�s regular employment. This rule change does not require any expenditures of or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. The rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies, but none of the changes are substantive. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

07/02/2018

This rule may become effective on:

07/09/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These changes to Rule R277-107 are not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with educational services outside of an educator's regular employment. These rule changes do not require any expenditures of or generate any revenues for large businesses.

 

This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies, but none of the changes are substantive.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

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

R277-107-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision of public education in the Board[,];

(b) Subsection 53E-3-401(4), which permits the Board to adopt rules to carry out its duties and responsibilities under the Utah Constitution and state law; and

(c) Section [53A-1-402.5]53E-3-512, 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.](1) 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.](2) 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-[1]2. Definitions.

[A.](1) "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.](2) "Extracurricular activity" means an activity for students recognized or sanctioned by an LEA , which may supplement or compliment, but is not part of, the LEA's required program or regular curriculum.

[D.](3) "LEA" [or "local education agency" means a school district, charter school or,]includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[E.](4) "Public education employee " or "[(]employee[)]" means a person who is employed on a full-time, part-time, or contract basis by an[y] LEA.

[F(1)](5)(a) "Private, but public education-related activity" means any type of activity for which:

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

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

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

([a]i) tutoring;

([b]ii) lessons;

([c]iii) clinics;

([d]iv) camps; or

([e]v) travel opportunities.

 

[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.]

 

R277-107-[4]3. LEA Relationship to Activities Involving Educators.

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

(2) Extracurricular activities are subject to:

(a) [Utah's ]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.

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

([1]a) [the]An employee's participation in the activity shall be separate and distinguishable from the employee's public employment[as required by this rule];

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

(a) contact students at [the]a public school[s], 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[;].

([3]4) [the]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[;].

([4]5) [the]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.

[C.](6) An employee may not condition [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 , which are not equally and freely available to all students.

[D.](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.

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

 

R277-107-[5]4. Advertising.

[A.](1) 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.](2) [The]A paid advertisement in a school publication 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.](3) An employee may post or distribute [P]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]private services, consistent with LEA policy.

[D.](4) Unless an activity is sponsored by the LEA, [the]a paid advertisement in a school publication shall state clearly and distinctly that the activity is NOT sponsored by the LEA.

[E.](5) The name of an LEA may not be used in [the]an advertisement [except as]unless the LEA's name [may ]relate s to the employee's employment history or if school facilities have been rented for the activity.

[F.](6) If the name of [the]an employee offering [the]a service or participating in [the]an 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]5. Public Education Employees.

[A.](1) A [P]public education employee[s] shall comply with Title 63G, Chapter 6a, Utah Procurement Code.

[B.](2) A [P]public education employee[s] shall comply with Title 67, Chapter 16, Public Officers' and Employees' Ethics Act.

[C.](3) Except as provided in [R277-107-6D]Subsection (4), consistent with Section 63G-6a-2404 and Title 67, Chapter 16, Public Officers' and Employees' Ethics Act, a public education employee may not solicit or accept gifts, incentives, honoraria, or stipends from private sources:

([1]a) for the employee's personal or family use;

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

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

[D.](4) 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]c) consistent with school or LEA policies and the Utah Public Employees ' Ethics Act.

[E.](5) A public education employee who holds a Utah educator license [shall]may be subject to license discipline [(including license suspension or revocation) ]for violation of this Rule R277-107 and [applicable]related provisions of Utah law.

 

R277-107-[7]6. Public Education Employee/Sponsor Agreements or Contracts.

[A.](1) An agreement between an employee and a sponsor of a[n]private, but public education-related activity [sponsor] shall be signed by the employee and include [a statement that reads substantially]the following acknowledgments:

(a) [I]the parties understand that [this]the activity is not sponsored by an LEA[,];

(b) [that my]the employee's responsibilities to the activity sponsor are outside the scope of and unrelated to any public duties or responsibilities [I]the employee may have as a public education employee[,]; and

(c) [I]the employee agree s to comply with laws and rules of the state and policies regarding [my ]advertising and employee participation.

[B.](2) 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 sponsor of a private , but public-education related activity[sponsor].

[C.](3) An LEA shall maintain a copy of a contract described in [R277-107-7B]Subsection (2) in the employee's personnel file.

 

KEY: school personnel

Date of Enactment or Last Substantive Amendment: [August 26, 2015]2018

Notice of Continuation: June 25, 2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-402.5]53E-3-512; [53A-1-401(3)]53E-3-401(4)