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 activity with students or parents, but only outside of the classroom and the regular school day. 3. Use student directories or online resources which are available to the general public to identify prospective clients. 4. Use student or school publications in which commercial advertising is allowed to advertise and promote the 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 or 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 center 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 a 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 acknowledgments: 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 District; and that the employee agrees to comply with laws and rules of the State of Utah and District policies regarding advertising and employee participation. Utah Admin. Rules R277-107-6 (July 9, 2018)
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