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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

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supervision over public education in the Board; and

(b) Section 53A-1-401, 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

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membership in certain associations with rules or policies that conflict with Board

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policies.

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R277-409-2. Definitions.

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(1) Association means an organization that governs or regulates a students

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.

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(3) Recruiting means a solicitation or conversation:

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(a) initiated by:

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

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

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(iii) a member of a booster, alumni, or other organization that performs a

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substantially similar role as a booster organization, affiliated with a school or school

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district;

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(b) to influence a student, or the students relative or legal guardian, to

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transfer to a school for the purpose of participating in an interscholastic activity at the

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school; and

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(c) with an offer for the student, or the students relative or legal guardian, that
the school or person has the capacity to fulfill.

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R277-409-3. Membership Restrictions.

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(1) Beginning with the 2017-2018 school year, [A]a public school may not be

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a member of, or pay dues to an association that adopts rules or policies that are

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inconsistent with this R277-409-3.

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(2) An association shall permit the Board to audit the associations financial
statements.

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(3) An association may not treat similarly situated schools differently in the

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associations designation of division classifications, or in applying other association

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policies, based solely on the schools status as a charter school or district public

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school.

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[(4) If an association rules against a school in an appeal regarding a change

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in conference classification, the school may appeal the associations decision to the

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Board, whose decision shall be the final determination in the matter.]

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[(5) An association may not prohibit a student from participating in an

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interscholastic activity as a result of the student:

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(a) transferring between schools; or

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(b) participating in an interscholastic activity with a different school during a

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prior school year.]

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[(5) After a student has established eligibility for interscholastic activities in a

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high school, a student may transfer to another high school once during the

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remainder of the students high school career.

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(6) After a student transfers as provided in Subsection (5), if the student

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transfers schools again, an association may limit the students eligibility to participate

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in varsity sports for no more than twelve months unless an associations hardship

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rules apply.]

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([6][7][5]4) An association may sanction a coach or individual who oversees

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an interscholastic activity of a public school if the association finds that the coach or

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individual:

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(a) engaged in recruiting activities; or

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

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([8][6]5) An association shall establish a policy or rule to govern the

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association's use of student data that complies with the student data privacy

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requirements of:

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(a) FERPA;

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(b) Title 53A, Chapter 1, Part 14, Student Data Protection Act;

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(c) Title 53A, Chapter 13, Part 3, Utah Family Educational Rights and Privacy

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Act; and

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(d) R277-484.

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([7]6) An association shall establish a policy or rule that requires the

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association or public school to annually train each coach or other individual who

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oversees an interscholastic activity of a public school on the following:

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(a) child sexual abuse prevention as described in Section 53A-13-112; and

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(b) the prevention of bullying, cyber-bullying, hazing, harassment, and

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retaliation as described in:

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(i) Title 53A, Chapter 11a, Bullying and Hazing; and

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(ii) R277-613.

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KEY: school, membership, associations

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Date of Enactment of Last Substantive Amendment: 2016

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Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401