R277-409. Public School Membership in Associations

R277.  Education, Administration.

R277-409.  Public School Membership in Associations.

R277-409-1.  Authority and Purpose.

          (1)  This rule is authorized by:

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

          (b)  Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

          (2)  The purpose of this rule is to place limitations on public school membership in certain associations with rules or policies that conflict with Board policies.

R277-409-2.  Definitions.

          (1)  "Association" means an organization that governs or regulates a student's participation in an interscholastic activity.

          (2)  "Interscholastic activity" means an activity within the state in which the students that participate represent a school in the activity.

          (3)  "Recruiting" means a solicitation or conversation:

          (a)  initiated by:

          (i)  an employee of a school or school district;

          (ii)  a coach or advisor of an interscholastic activity; or

          (iii)  a member of a booster, alumni, or other organization that performs a substantially similar role as a booster organization, affiliated with a school or school district; and

          (b)  to influence a student, or the student's relative or legal guardian, to transfer to a school for the purpose of participating in an interscholastic activity at the school.

          (4)  "Sex offender" has the same meaning as described in Section 77-27-21.7.

R277-409-3.  Membership Restrictions.

          (1)  Beginning with the 2017-2018 school year, a public school may not be a member of, or pay dues to an association that adopts rules or policies that are inconsistent with this R277-409-3.

          (2)  An association shall permit the Board to audit the association's:

          (a)  financial statements; and

          (b)  compliance with Utah Code, Board rule, and the association's bylaws, policies, rules, and best practices.

          (3)  An association may not treat similarly situated schools differently in the association's designation of division classifications, or in applying other association policies, based solely on the school's status as a charter school or district public school.

          (4)  An association may sanction a school, coach, or individual who oversees or works with students as part of an interscholastic activity of a public school if the association finds that the coach or individual:

          (a)  engaged in recruiting activities; or

          (b)  violated any other rule or policy of the association.

          (5)  An association shall establish a policy or rule to govern the association's use of student data that complies with the student data privacy requirements of:

          (a)  FERPA;

          (b)  Title 53E, Chapter 9, Part 3, Student Data Protection Act;

          (c)  Title 53E, Chapter 9, Part 2, Utah Family Educational Rights and Privacy Act; and

          (d)  R277-484.

          (6)  An association shall establish policies or rules that require:

          (a)  coaches and individuals who oversee interscholastic activities or work with students as part of an interscholastic activity to meet a set of professional standards that are consistent with the Utah Educator Professional Standards described in Rule R277-217; and

          (b)  the association or public school to annually train each coach or other individual who oversees or works with students as part of an interscholastic activity of a public school on the following:

          (i)  child sexual abuse prevention as described in Section 53G-9-207;

          (ii)  the prevention of bullying, cyber-bullying, hazing, harassment, and retaliation as described in:

          (A)  Title 53G, Chapter 9, Part 6, Bullying and Hazing; and

          (B)  R277-613; and

          (iii)  the professional standards described in Subsection (6)(a).

          (7)  An association shall establish procedures and mechanisms to:

          (a)  monitor LEA compliance with the association's training requirements described in Subsection (6);

          (b)  sanction individuals who violate the association's professional standards described in Subsection (6)(a);

          (c)  track individuals who violate the association's standards described in Subsection (6)(a); and

          (d)  prohibit individuals who have violated the association's standards described in Subsection (6)(a), including sex offenders, from coaching, managing, overseeing, training, or working with students as part of an interscholastic activity.

          (8)  An association shall establish a policy or rule that requires the association to follow requirements similar to the requirements of:

          (a)  Title 52, Chapter 4, Open and Public Meetings Act; and

          (b)  Title 63G, Chapter 2, Government Records Access and Management Act.

KEY:  schools, memberships, associations

Date of Last Change:  August 12, 2020

Notice of Continuation:  August 19, 2021

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4)

Status of Rule

Effective August 12, 2020

Five-year review August 19, 2026

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Oversight Framework

Uncategorized

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Related Utah Law

Public Education Statutes
Title 53E, Chapter 9, Part 2, Utah Family Educational Rights and Privacy Act

Title 53E, Chapter 9, Part 3, Student Data Protection Act

Title 53G, Chapter 7, Part 11, Public School Membership in Associations

53G-9-207

Title 53G, Chapter 9, Part 6, Bullying and Hazing

Other Statutes
Title 52, Chapter 4, Open and Public Meetings Act

Title 63G, Chapter 2, Government Records Access and Management Act

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-217, Educator Standards and Local Education Agency (LEA) Reporting

R277-484, Data Standards

R277-605, Coaching Standards and Athletic Clinics

R277-613, LEA Policies and Training Regarding Bullying, Cyber-bullying, Hazing, Retaliation, and Abusive Conduct

R277-614, Athletes and Students with Head Injuries

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Related Federal Law

Family Educational Rights and Privacy Act (FERPA)

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Resources

Educator Misconduct Reporting Form

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Contact Information

Primary Contact:
Ben Rasmussen
ben.rasmussen@schools.utah.gov
Policy, Law and Professional Practices

Secondary Contact:
Teri Davis
teri.davis@schools.utah.gov
Student Learning, Teaching and Learning, Physical Education

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This page was last updated on August 26, 2024.

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NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

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