Policy DAF: Ethics - Private But Public Education-Related Activities
Policy DAF: Ethics - Policy Regarding Private but Public Education Related Activities (PDF)
Issue Date: 4/22/2020
Definitions
For purposes of this policy, the following definitions apply:
1. “District Employee” means a person who is employed on a full-time, part-time, or contract basis by the District.
2. “Activity Sponsor” means a private or public individual or entity from which the employee of the District receives compensation of any sort and in which public school students participate.
3. “Extracurricular Activities” means activities for students that are recognized or sanctioned by the school or District that may supplement or complement but are not an official part of, its required program or regular curriculum.
4. “Private but Public Education-Related Activities” means any type of activity for which the employee receives compensation and the principle clients are students at the school where the employee works. Such activities include but are not limited to:
a. Tutoring;
b. Lessons;
c. Clinics;
d. Camps; or
e. Travel Opportunities.
Utah Admin. Rules R277-107-2 (July 9, 2018)
Prohibition upon Educator Participation in Private But Public Education-Related Activities
1. A District employee who participates in a private but public education-related activity shall ensure that his or her participation in the activity is separate and distinguishable from the employee’s public employment. In relation to a private but public education-related activity, the employee may not:
a. Use education records or information obtained through employment with the District to promote the activity unless the records, resources, or information are readily available to the general public.
b. Use school time to promote, discuss or prepare for the activity;
c. State or imply to any person or entity that participation in a school sponsored program or extracurricular activity is conditioned in any way for participation in the activity.
d. Give or withhold credit based on participation in the activity, including but not limited to clinics, camps, private programs or travel activities that are not equally and freely available to all students;
e. Contact any students at public schools except as provided for below.
Utah Admin. Rules R277-107-3 (July 9, 2018
Activities an Educator May Engage In
In relation to a private, but public related activity, an employee may:
1. Offer public education-related services, programs or activities to students provided that they are not advertised or promoted during school time and consistent with the policy.
2. Discuss the private activity with students or parents, but only outside of the classroom and the regular school day.
3. Use directories that are available to the general public to identify prospective clients, such as school phone directories distributed or made available to the public.
4. Use student or school publications in which commercial advertising is allowed to advertise and promote the private activity.
Utah Admin. Rules R277-107-3 (5) (July 9, 2018)
Advertising
An employee may purchase advertising space to advertise an activity or service, whether or not sponsored by schools in the District or by the District, in a publication that accepts paid or community advertising.
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 qualifications.
An employee may post or distribute posters and brochures advertising an employee’s private services only in the same manner as could be done by a member of the general public under District policy.
Unless the activity is sponsored by the District, the paid advertisement in a school publication shall state clearly and distinctly that the activity is NOT sponsored by the school or District.
Neither the name of the school nor the District shall be used in the advertisement except as it relates to the employee’s employment history or, if school facilities will be used under the District public civic-enter use policy. If the employee’s name is used in an advertisement sent to the employee’s students or posted, distributed, or otherwise made available in the employee’s school, the advertisement shall state that the activity is not school-sponsored.
Utah Admin. Rules R277-107-4 (July 9, 2018)
Copies of Contracts Provided to District
The educator must provide to the Principal at the school where he or she is employed a signed copy of all contracts between him or her and the sponsor of a private, but public-education related activity . The District will maintain a copy of these contracts in the employee’s personnel file. Such contracts must be signed by the employee and must include the following acknowledgements:
That the parties understand that the activity is not sponsored by the school or District; that the employee’s responsibilities to the activity sponsor are outside the scope of and unrelated to any public duties or responsibilities the employee may have as an employee of the School District; and the employee agrees to comply with laws and rule of the State of Utah and District policies regarding advertising and employee participation.
Utah Admin. Rules R277-107-6 (July 9, 2018)