2099 - Employee/Teacher Code of Ethics

(Amended Nov. 12, 2002)

(Amended February 13, 2007)

(Amended June 11, 2013)

(Amended December 13, 2016)

An effective educational program requires the services of men and women of integrity, high ideals, and human understanding. To maintain and promote these essentials, all employees of the Piute County School District are required to maintain high standards in their work ethic. Employees will be evaluated on their total contributions to the school district, not only to their job description.

POLICY STATEMENTS:

PIUTE SCHOOL DISTRICT EMPLOYEE CODE OF ETHICS and Rule R277 -5151 R277-516 Rules governing educators conduct:

Beginning in the 2017-18 school year, every active licensed educator shall review these rules and annually execute a form approved by the Superintendent verifying that the educator: (i) has read R277-515 and R277-516; and (ii) understands that the educator’s conduct is governed by R277-515 and R277- 516. Failure to submit the form identified by September 30 of each year may result in licensing discipline.

  1. Maintain just, courteous, and professional relationships with pupils, parents, other employees, and other persons connected to the school system.
  2. Keep assigned working hours.
  3. Use initiative and imagination in the accomplishment of duties. Don't wait to be told what to do. Contribute to capacity.
  4. Grow in efficiency by keeping abreast of and using appropriate, new knowledge and developments.
  5. In all employee actions, proceed on the premise of "What's best for our students." Direct any criticism of other staff members or of any department of the school system toward the improvement of the district. Such constructive criticism is to be made directly to the particular school administrator who has the responsibility for improving the situation.
  6. Direct any criticism of other staff members or any department of the school system toward the improvement of the district. Such constructive criticism is to be made directly to the particular school administrator who has the responsibility for improving the situation.
  7. Protect and use properly all school properties, equipment, and materials.
  8. The use of school properties, equipment, and material for personal gain without paying applicable fees is inappropriate.
  9. Be conscious of dress and habits in order to maintain the respect of the students, parents, and community members.
  10. The employee shall not use professional relationships with pupils for private advantage.
  11. The employee shall not disclose information about pupils obtained in the course of professional service unless such disclosure serves a compelling professional purpose or is required by law.
  12. Annually employees will disclose conflicts of interest where they are involved in any school program or activity where they may benefit monetarily.

Amended for Licensed Employees Administrative Rule (Teachers Standards R277-515)

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2013, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.

R277. Education, Administration

Rule R277-515. Utah Educator Standards

As in effect on April 1, 2013

Table of Contents

R277-515-1. Definitions.

R277-515-2. Authority and Purpose.

R277-515-3. Educator as a Role Model of Civic and Societal Responsibility.

R277-515-4. Educator Responsibility for Maintaining a Safe Learning Environment and Educational Standards.

R277-515-5. Professional Educator Responsibility for Compliance with School District Policies.

R277-515-6. Professional Educator Conduct.

R277-515-7. Violations of Professional Ethics.

KEY

Date of Enactment or Last Substantive Amendment

Notice of Continuation

Authorizing, Implemented, or Interpreted Law

R277-515-1. Definitions.

  1. "Board" means the Utah State Board of Education.
  2. "Diversion agreement" means an agreement between a prosecutor and defendant entered into prior to a conviction delaying prosecution of a criminal charge for a specified period of time and contingent upon the defendant satisfying certain conditions.
  3. "Educator or professional educator" means a person who currently holds a license, held a license at the time of an alleged offense, is an applicant for a license, or is a person in training to obtain a license. The "professional" denotes that the individual holds or is seeking a Utah educator license as opposed to a paraprofessional or a volunteer or unlicensed teacher in a classroom
  4. "Felony offense" means any offense for which an individual is charged with a first, second or third degree felony under the Utah Criminal Code, Title 76, the Public Employees Ethics Act, Title 67, Chapter 16, the Clandestine Drug Lab Act, Title 58 Chapter 37d, the Procurement Code, Title 63G, Chapter 6, or any other statute in the Utah Code establishing a felony.
  5. "Illegal drug(s)" means a substance included in Schedules I, II, III, IV, or V of Section 58-37-4, and also includes a drug or substance included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P.L. 91-513, or any controlled substance analog.
  6. "Illegal sexual conduct" means any conduct proscribed under the Utah Criminal Code, Sections 76-5- 401 through 406, Section 76-5a-1-4, and Section 76-9-704 through 704.
  7. "Licensing discipline" means sanctions ranging from an admonition, a letter of warning, a written reprimand, suspension of license, and revocation of license, or other appropriate disciplinary measures, for violation of professional educator standards.
  8. "Misdemeanor offense" means any offense for which an individual is charged with a Class A, B, or C misdemeanor under the Utah Criminal Code, Title 76, the Public Employees Ethics Act, Title 67, Chapter 16, the Clandestine Drug Lab Act, Title 58 Chapter 37d, the Procurement Code, Title 63G, Chapter 6, or any other statute in the Utah Code establishing a misdemeanor.
  9. "Plea in abeyance" means a plea of guilty or no contest which is not entered as a judgment or conviction but is held by a court in abeyance for a specified period of time.
  10. "School-related activity" means any event, activity or program occurring at the school before, during or after school hours or which students attend at a remote location as representatives of the school or with the school's authorization, or both.
  11. "Stalking" means the act of intentionally or knowingly engaging in a course of conduct directed at a specific person as defined in Section 76-5-106.5.
  12. "Utah Core Curriculum" means minimum academic standards provided through courses as established by the Board which shall be mastered by all students K-12 as a requisite for graduation from Utah's secondary schools.
  13. "Utah Public Employees Ethics Act" means the provisions established in Section 67-16-1-14.
  14. "Utah Professional Practices Advisory Commission (Commission)" means a commission established to assist and advise the Board in matters relating to the professional practices of educators, as established under Section 53A-6-301.
  15. "USOE" means the Utah State Office of Education.
  16. "Weapon(s)" means any item that in the manner of its use or intended use is capable of causing death or serious bodily injury.

R277-515-2. Authority and Purpose.

  1. This rule is authorized by Utah Constitution Article X, Section 3 which vests the general control and supervision of the public schools in the Board, by Section 53A-1-402(1)(a) which directs the Board to make rules regarding the certification of educators, by Section 53A-6 which provides all laws related to educator licensing and professional practices, and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.
  2. The purpose of this rule is to establish statewide standards for public school educators that provide notice to educators and prospective educators and notice and protection to public school students and parents. The rule also recognizes that licensed public school educators are professionals and, as such, should share common professional standards, expectations and role model responsibilities. The rule distinguishes behavior for which educators shall receive license discipline from behavior that all Utah educators should aspire to and for which license discipline shall be initiated only in egregious circumstances or following a pattern of offenses.
  3. R277-515-3. Educator as a Role Model of Civic and Societal Responsibility.
  4. The professional educator is responsible for compliance with federal, state, and local laws.
  5. The professional educator shall familiarize himself with professional ethics and is responsible for compliance with applicable professional standards.
  6. Failing to strictly adhere to the following shall result in licensing discipline as defined in R277-515-1G. The professional educator, upon receiving a Utah educator license:
    1. shall not be convicted of any felony or misdemeanor offense which adversely affects the individual's ability to perform assigned duties and carry out the responsibilities of the profession, including role model responsibilities.
    2. shall not be convicted of or commit any act of violence or abuse, including physical, sexual, or emotional abuse of any person;
    3. shall not commit any act of cruelty to children or any criminal offense involving children;
    4. shall not be convicted of a stalking crime;
    5. shall not possess or distribute illegal drugs, or be convicted of any crime related to illegal drugs, including prescription drugs not specifically prescribed for the individual;
    6. shall not be convicted of any illegal sexual conduct, including offenses that are plea bargained to lesser offenses from an initial sexual offense;
    7. shall not be subject to a diversion agreement specific to sex-related or drug-related offenses, plea in abeyance, court-imposed probation or court supervision related to criminal charges which could adversely impact the educator's ability to perform the duties and responsibilities of the profession;
    8. shall not provide to students or allow students, under the educator's supervision or control to consume alcoholic beverages or unauthorized drugs;
    9. shall not attend school or a school-related activity in an assigned supervisory capacity, while possessing, using, or under the influence of alcohol or illegal drugs;
    10. shall not intentionally exceed the prescribed dosages of prescription medications while at school or a school-related activity;
    11. shall cooperate in providing all relevant information and evidence to the proper authorities in the course of an investigation by a law enforcement agency or by Child Protective Services regarding potential criminal activity. However, an educator shall be entitled to decline to give evidence against himself in any such investigation if the same may tend to incriminate the educator as that term is defined by the Fifth Amendment of the U.S. Constitution;
    12. shall report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services pursuant to Sections 53A-6-502 and 62A-4a-409 and comply with Board rules and school district policies regarding the reporting of suspected child abuse;
    13. shall strictly adhere to state laws regarding the possession of firearms, while on school property or at school-sponsored activities, and enforce district policies related to student access to or possession of weapons;
    14. shall not solicit, encourage or consummate an inappropriate relationship, written, verbal, or physical, with a student or minor;
    15. shall not participate in sexual, physical, or emotional harassment or any combination toward any public school-age student or colleague, nor knowingly allow harassment toward students or colleagues;
    16. shall not make inappropriate contact in any communication-written, verbal, or electronic-with minor, student, or colleague, regardless of age or location;
    17. shall not interfere or discourage students' or colleagues' legitimate exercise of political and civil rights, acting consistent with law and school district/school policies;
    18. shall provide accurate and complete information in required evaluations of himself, other educators, or students, as directed, consistent with the law;
    19. shall be forthcoming with accurate and complete information to appropriate authorities regarding known educator misconduct which could adversely impact performance of professional responsibilities, including role model responsibilities, by himself or others;
    20. shall provide accurate and complete information required for licensure, transfer, or employment purposes; and
    21. shall provide accurate and complete information regarding qualifications, degrees, academic or professional awards or honors, and related employment history when applying for employment or licensure.
    22. shall notify the USOE at the time of application for licensure of past license disciplinary action or license discipline from other jurisdictions;
    23. shall notify the USOE honestly and completely of past criminal convictions at the time of the license application and renewal of licenses; and
    24. shall provide complete and accurate information during an official inquiry or investigation by school district, state, or law enforcement personnel.
    25. Failure to adhere to the following may result in licensing discipline as defined in R277-515-1G. Penalties shall be imposed, most readily, if educators have received previous documented warning(s) from the educator's employer.
    26. An educator shall not exclude a student from participating in any program, or deny or grant any benefit to any student on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation, and shall not engage in conduct that would encourage a student(s) to develop a prejudice on these grounds or any other, consistent with the law.
    27. An educator shall maintain confidentiality concerning a student unless revealing confidential information to authorized persons serves the best interest of the student and serves a lawful purpose, consistent with federal and state Family Educational Rights and Privacy Acts (FERPA).
    28. Consistent with the Utah Public Officers' and Employees' Ethics Act, Section 53A-1-402.5, and Board rules, a professional educator:
      1. shall not accept bonuses or incentives from vendors, potential vendors, or gifts from parents of students, or students where there may be the appearance of a conflict of interest or impropriety;
      2. shall not accept or give gifts to students that would suggest or further an inappropriate relationship;
      3. shall not accept or give gifts to colleagues that are inappropriate or further the appearance of impropriety;
      4. may accept donations from students, parents, and businesses donating specifically and strictly to benefit students;
      5. may accept, but not solicit, nominal appropriate personal gifts for birthdays, holidays and teacher appreciation occasions, consistent with school or school district policies and the Utah Public Officers' and Employees' Ethics Act;
      6. shall not use his position or influence to:
    29. solicit colleagues, students or parents or students to purchase equipment, supplies, or services from the educator or participate in activities that financially benefit the educator unless approved in writing by the local school board or governing board;
    30. promote athletic camps, summer leagues, travel opportunities, or other outside instructional opportunities from which the educator receives personal remuneration, and that involve students in the educator's school system, unless approved in writing consistent with local school board or governing board policy and Board rule; and
      1. shall not use school property, facilities, or equipment for personal enrichment, commercial gain, or for personal uses without express supervisor permission.

R277-515-4. Educator Responsibility for Maintaining a Safe Learning Environment and Educational Standards.

  1. A professional educator maintains a positive and safe learning environment for students, and works toward meeting educational standards required by law.
  2. Failure to strictly adhere to the following shall result in licensing discipline as defined in R277-515-1G. The professional educator, upon receiving a Utah educator license:
    1. shall take prompt and appropriate action to prevent harassment or discriminatory conduct towards students or school employees that may result in a hostile, intimidating, abusive, offensive, or oppressive learning environment;
    2. shall resolve disciplinary problems according to law, school board policy, and local building procedures and strictly protect student confidentiality and understand laws relating to student information and records;
    3. shall supervise students appropriately at school and school-related activities, home or away, consistent with district policy and building procedures and the age of the students;
    4. shall take action to protect a student from any known condition detrimental to that student's physical health, mental health, safety or learning;
    5. shall demonstrate honesty and integrity by strictly adhering to all state and district instructions and protocols in managing and administering standardized tests to students consistent with Section 53A-1-608 and R277-473;
      1. shall cooperate in good faith with required student assessments;
      2. shall encourage students' best efforts in all assessments;
      3. shall submit and include all required student information and assessments, as required by state law and State Board of Education rules; and
      4. shall attend training and cooperate with assessment training and assessment directives at all levels.
    6. shall not use or attempt to use school district or school computers or information systems in violation of the school district's acceptable use policy for employees or access information that may be detrimental to young people or inconsistent with the educator's role model responsibility; and
    7. shall not knowingly possess, while at school or any school-related activity, any pornographic material in any form.
  3. Failure to adhere to the following may result in licensing discipline as defined in R277-515-1G. Penalties shall be imposed, most readily, if educators have received previous documented warning(s) from the educator's employer: A professional educator:
    1. shall demonstrate respect for diverse perspectives, ideas, and opinions and encourage contributions from a broad spectrum of school and community sources, including communities whose heritage language is not English;
    2. shall use appropriate language, eschewing profane, foul, offensive, or derogatory comments or language;
    3. shall maintain a positive and safe learning environment for students;
    4. shall work toward meeting educational standards required by law;
    5. shall teach the objectives contained in the Utah Core Curriculum;
    6. shall not distort or alter subject matter from the Core in a manner inconsistent with the law and shall use instructional time effectively; and
    7. shall use instructional time effectively consistent with school and school district policies.

R277-515-5. Professional Educator Responsibility for Compliance with School District Policies.

  1. Failure to strictly adhere to the following shall result in licensing discipline as defined in R277-515-1G. The professional educator:
    1. understands and follows Board rules and local board policies
    2. understands and follows school and administrative policies and procedures;
    3. understands and respects appropriate boundaries, established by ethical rules and school policies and directives, in teaching, supervising and interacting with students and colleagues; and
    4. shall conduct financial business with integrity by honestly accounting for all funds committed to the educator's charge, as school responsibilities require, consistent with school and school district policy.
  2. Failure to adhere to the following may result in licensing discipline as defined in R277-515-1G. Penalties shall be imposed most readily, if educators have received previous documented warning(s) from the educator's employer. The professional educator:
    1. shall resolve grievances with students, colleagues, school community members, and parents professionally, with civility, and in accordance with school district/charter school policies; and
    2. shall follow school district/charter school policies for collecting money from students, accounting for all money collected, and not commingling any school funds with personal funds.

R277-515-6. Professional Educator Conduct.

  1. A professional educator exhibits integrity and honesty in relationships with school and district administrators and personnel.
  2. Failure to adhere to the following may result in licensing discipline as defined in R277-515-1G. Penalties shall be imposed most readily, if educators have received previous documented warning(s) from the educator's employer. The professional educator:
    1. shall communicate professionally and with civility with colleagues, school and community specialists, administrators and other personnel;
    2. maintains a professional and appropriate relationship and demeanor with students, colleagues and school community members and parents;
    3. shall not promote personal opinions, personal issues, or political positions as part of the instructional process in a manner inconsistent with law; expresses personal opinions professionally and responsibly in the community served by the school;
    4. shall comply with school and district policies, supervisory directives, and generally-accepted professional standards regarding appropriate dress and grooming at school and school-related events;
    5. shall work diligently to improve the educator's own professional understanding, judgment, and expertise;
    6. shall honor all contracts for professional services;
    7. shall perform all services required or directed by the educator's contract with the school district, school, or charter school with professionalism consistent with local policies and Board rules; and
    8. shall recruit other educators for employment in another position only within district timelines and guidelines.

R277-515-7. Violations of Professional Ethics.

A. This rule establishes standards of ethical decorum and behavior for licensed educators in Utah.

B. Provisions of this rule do not prevent, circumvent, replace, nor mirror criminal or potential charges that may be issued against professional educators.

C. The Board and USOE shall adhere to the provisions of this rule in licensing and disciplining licensed Utah educators.

D. Reporting and employment provisions related to professional ethics are provided in:

(1) Section 53A-3-410;

(2) Section 53A-6-501;

(3) Section 53A-11-403; and

(4) R277-514-5.

Revision to R 277-515

*Boundary violations in R277-515-2(1):

“Boundary violation” means crossing verbal, physical, emotional, and social lines that an educator must maintain in order to ensure structure, security, and predictability in an educational environment. A “boundary violation” may include the following, depending on the circumstances:

Isolated, one-on-one interactions with students out of the line of sight of others; Meeting with students in rooms with covered or blocked windows; telling risqué jokes to, or in the presence of, a student; employing favoritism to a student; giving gifts to individual students; educator initiated frontal hugging or other uninvited touching; photographing individual students for a non-educational purpose or use; engaging in inappropriate or unprofessional contact outside of educational program activities; exchanging personal email or phone numbers with a student for a non-educational purpose or use; interacting privately with a student through social media, computer, or handheld devices; and discussing an educator’s personal life or personal issues with a student.

R277-516-1. Authority and Purpose.

  1. This rule is authorized by:
    1. Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;
  2. Subsections 53A-1-301(3)(a) and 53A-1-301 (3)(d)(x), which instruct the Superintendent to perform duties assigned by the Board that include:
  3. presenting to the Governor and the Legislaature each December a report og the public school system for the preceding year that includes:
  4. investigation of all matters pertaining to the public schools; and
  5. statistical and financial information about the school system which the Superintendent considers pertinent;
    1. Subsections 53A-1-402(1)(a)(i) and (iii), which direct the Board to:
    2. establish rules and minimum standards for the public schools regarding the qualification and certification of educators and ancillary personnel who provide direct student services; and
    3. the evaluation of instructional personnel; and
    4. Title 53A, Chapter 15, Part 15, Background Checks, which directs the Board to require educator license applicants to submit to background checks and provide ongoing monitoring of licensed educators.
    5. The purpose of this rule is ensure that all students who are compelled by law to attend public schools, subject to release from school attendance consistent with Section 53A-11-102, are instructed and served by public school teachers and employees who have not violated laws that would endanger students in any way.

R277-516-2. Definitions.

  1. "Charter school governing board" means a board designated by a charter school to make decisions for the operation of the charter school.
  2. "Charter school board member" means a current member of a charter school governing board.
  3. "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the database maintained on all licensed Utah educators, which includes information such as:
    1. personal directory information;
    2. educational background;
    3. endorsements;
    4. employment history;
    5. professional development information;
    6. completion of employee background checks; and
    7. a record of disciplinary action taken against the educator.
  4. "Contract employee" means an employee of a staffing service who works at a public school under a contract between the staffing service and the public school.
  5. "DPS" means the Department of Public Safety.
  6. "LEA" or "local education agency" for purposes of this rule includes the Utah Schools for the Deaf and the Blind.
  7. "Licensed educator" means an individual who holds a valid Utah educator license and has satisfied all requirements to be a licensed educator in the Utah public school system (examples are traditional public school teachers, charter school teachers, school administrators, Board employees, and school district specialists).
  8. A licensed educator may or may not be employed in a position that requires an educator license.
  9. A licensed educator includes an individual who:
    1. is student teaching;
    2. is in an alternative route to licensing program or position; or
    3. holds an LEA-specific competency-based license.
  10. "Non-licensed public education employee" means an employee of a an LEA who:
    1. does not hold a current Utah educator license issued by the Board under Title 53A, Chapter 6, Educator Licensing and Professional Practices; or
    2. is a contract employee.
  11. "Public education employer" means the education entity that hires and employs an individual, including public school districts, the Utah State Office of Education, Regional Service Centers, and charter schools.
  12. "Utah Professional Practices Advisory Commission" or "UPPAC" means an advisory commission established to assist and advise the Board in matters relating to the professional practices of educators, established in Section 53A-6-301.
  13. "Volunteer" means a volunteer who may be given significant unsupervised access to children in connection with the volunteer's assignment.

R277-516-3. Licensed Public Education Employee Personal Reporting of Arrests.

  1. A licensed educator who is arrested, cited or charged with the following alleged offenses shall report the arrest, citation, or charge within 48 hours or as soon as possible to the licensed educator's district superintendent, charter school director or designee:
    1. any matters involving an alleged sex offense;
    2. any matters involving an alleged drug-related offense;
    3. any matters involving an alleged alcohol-related offense;
    4. any matters involving an alleged offense against the person under Title 76, Chapter 5, Offenses Against the Person;
    5. any matters involving an alleged felony offense under Title 76, Chapter 6, Offenses Against Property;
    6. any matters involving an alleged crime of domestic violence under Title 77, Chapter 36, Cohabitant Abuse Procedures Act; and
    7. any matters involving an alleged crime under federal law or the laws of another state comparable to the violations listed in Subsections (a) through (f).
    8. A licensed educator shall report convictions, including pleas in abeyance and diversion agreements within 48 hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance or diversion agreement.
    9. An LEA superintendent, director, or designee shall report conviction, arrest or offense information received from a licensed educator to the Superintendent within 48 hours of receipt of information from a licensed educator.
    10. The Superintendent shall develop an electronic reporting process on the Board's website.
    11. A licensed educator shall report for work following an arrest and provide notice to the licensed educator's employer unless directed not to report for work by the employer, consistent with school district or charter school policy.

R277-516-4. Non-licensed Public Education Employee, Volunteer, and Charter School Board Member Background Check Policies.

  1. An LEA shall adopt a policy for non-licensed public education employee, volunteer, and charter school board member background checks that includes at least the following components:
    1. a requirement that the individual submit to a background check and ongoing monitoring through registration with the systems described in Section 53A-15-1505 as a condition of employment or appointment; and
      1. identification of the appropriate privacy risk mitigation strategy that will be used to ensure that the LEA only receives notifications for individuals with whom the LEA maintains an authorizing relationship.
    2. An LEA policy shall describe the background check process necessary based on the individual's duties.

R277-516-5. Non-licensed Public Education Employee, Volunteer, or Charter School Board Member Arrest Reporting Policy Required from LEAs.

  1. An LEA shall have a policy requiring a non-licensed public employee, a volunteer, a charter school board member, or any other employee who drives a motor vehicle as an employment responsibility, to report offenses specified in Subsection (3).
  2. An LEA shall post the policy described in Subsection (1) on the LEA's website.
  3. An LEA's policy described in Subsection (1) shall include the following minimum components:
    1. reporting of the following:
    2. convictions, including pleas in abeyance and diversion agreements;
    3. any matters involving arrests for alleged sex offenses;
    4. any matters involving arrests for alleged drug-related offenses;
    5. any matters involving arrests for alleged alcohol-related offenses; and
    6. any matters involving arrests for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.
    7. a timeline for receiving reports from non-licensed public education employees;
    8. immediate suspension from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation;
    9. immediate suspension from transporting students or public education vehicle operation or maintenance for alleged offenses involving alcohol or drugs during the period of investigation;
    10. adequate due process for the accused employee consistent with Section 53A-15-1506;
    11. a process to review arrest information and make employment or appointment decisions that protect both the safety of students and the confidentiality and due process rights of employees and charter school board members; and
    12. timelines and procedures for maintaining records of arrests and convictions of non-licensed public education employees and charter school board members.
    13. An LEA shall ensure that the records described in R277-516-5(3)(g):
      1. include final administrative determinations and actions following investigation; and
      2. are maintained:
      3. with strict requirements for the protection of confidential employment information.

R277-516-6. Public Education Employer Responsibilities Upon Receipt of Arrest Information.

  1. A public education employer that receives arrest information about a licensed public education employee shall review the arrest information and assess the employment status consistent with Section 53A-6-501, Rule R277-515, and the LEA's policy.
  2. A public education employer that receives arrest information about a non-licensed public education employee, volunteer, or charter school board member shall review the arrest information and assess the individual's employment or appointment status:
    1. considering the individual's assignment and duties; and
    2. consistent with a local board-approved policy for ethical behavior of non-licensed employees, volunteers, and charter school board members.
  3. A local board shall provide appropriate training to non-licensed public education employees, volunteers, and charter school board members about the provisions of the local board's policy for self-reporting and ethical behavior of non-licensed public education employees, volunteers, and charter school board members.
  4. A public education employer shall cooperate with the Superintendent in investigations of licensed educators.

R277-516-7. Misconduct Notification Requirements and Procedures.

    1. law enforcement;
    2. the school principal; and
    3. to any other entity to which a report is required by law.
  1. A school administrator who receives a report described in Subsection (1)(a) shall immediately submit the information to UPPAC if the employee is licensed as an educator.
    1. A local superintendent or charter school director shall notify UPPAC if an educator is determined, pursuant to an administrative or judicial action, or internal LEA investigation, to have had disciplinary action taken for, or, to have engaged in:
    2. unprofessional conduct or professional incompetence that:
      1. results in suspension for more than one week or termination;
      2. requires mandatory licensing discipline under R277-515; or
    3. immoral behavior.
    4. An educator who fails to comply with Subsection (1) may:
      1. be found guilty of unprofessional conduct; and
      2. have disciplinary action taken against the educator.
    5. The Superintendent may withhold, reduce, or terminate funding to an LEA for failure to make a required report under R277-516 through the process described in Rule R277-114.

Educators Signature: ____________________________________

Date: _________________________________________________

Submit date no later than Sept 30th of each year.

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