As in effect on June 1, 2008
A. "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. "Extracurricular activities" means those activities for students recognized or sanctioned by an educational institution which may supplement or compliment, but are not part of, its required program or regular curriculum.
D. "Public education employee (employee)" means a person who is employed on a full-time, part-time, or contract basis by any public school, public school district or entity.
E. "Private, but public education-related activity" means any type of activity by an employee in which the principal clients are current or prospective students of the employee and for which the employee receives compensation. Such activities include:
(1) tutoring;
(2) lessons;
(3) clinics;
(4) camps; or
(5) travel opportunity.
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-1-402.5 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. 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 public education employment.
C. 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.
A school or district may have policies providing for sponsorship or specific non-sponsorship of extracurricular activities or opportunities for students consistent with the provisions of this rule and the law.
A. A school or district may sponsor extracurricular activities or opportunities for students. Extracurricular activities are subject to Utah's school fee laws and rules, fee waivers, procurement and all other applicable laws and rules.
B. An employee that participates in a private, but public education-related activity is subject to the following:
(1) the employee's participation in the activity shall be separate and distinguishable from the employee's public employment as required by this rule;
(2) the employee may not, in promoting the activity:
(a) contact students at the public schools except as permitted by this rule; or
(b) use education records or information obtained through their public employment unless the records or information are readily available to the general public.
(3) the employee may not use school time to discuss, promote, or prepare for any private activity;
(4) the employee may:
(a) offer public education-related services, programs or activities to students provided that they are not advertised or promoted during school time.
(b) discuss the private but public education-related activity with students or parents outside of the classroom and the regular school day;
(c) use student directories 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. 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 not equally and freely available to all students.
D. 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. No provision of this rule shall preclude a student from requesting or petitioning a teacher or school for approval of credit based on an extracurricular educational experience consistent with school/district policy.
A. 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 advertising.
B. The advertisement may identify the activity participants and leaders or service providers by name, provide non-school telephone numbers, and provide details of the employee's employment experience and qualification.
C. 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 services, consistent with school and district policy.
D. Unless an activity is sponsored by the school or district, the advertisement shall state clearly and distinctly that the activity is NOT sponsored by the school or district.
E. The name of schools or districts shall not be named in the advertisement except as they may relate to the employee's employment history or if school facilities have been rented for the activity.
F. If the name of the employee offering the service or participating in the 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.
A. An agreement between an employee and an activity sponsor shall be signed by the employee and include a statement that reads substantially: I understand that this activity is not sponsored by any school or school district, that my responsibilities to the activity sponsor are outside the scope of and unrelated to any public duties or responsibilities I may have as a public education employee, and I agree to comply with laws and rules of the state and policies regarding my advertising and participation.
B. The employee shall provide the district business administrator or superintendent with a signed copy of all contracts between the employee and a private activity sponsor. The school district shall maintain a copy in the employee's personnel file.
school personnel
September 1, 2000
August 15, 2005
Art X Sec 3; 53A-1-402.5; 53A-1-401(3)
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