Education

Administration

Rule 322: LEA Codes of Conduct

Effective Date: 10/08/2026

Admin. Code Reference: R277-322

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58156

Rule or section number:

R277-322

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

Elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-322. LEA Codes of Conduct

B. Purpose of the new rule or reason for the change:

The rule amendments are needed to update the Utah State Board of Education's (USBE) code of conduct, which every school district's and charter school's behavior policies need to match or be no less stringent than.

C. Summary of the new rule or change:

The amendments directly prohibit physical, verbal, mental, and sexual abuse, as well as establish clear parameters to prevent inappropriate boundary violations.

Furthermore, the amendments require Local Education Agencies (LEAs) to set stringent guidelines for electronic and social media communications, mandate the immediate reporting of suspected child abuse or neglect, and ensure that all staff members undergo annual training and sign written acknowledgments committing to these ethical standards.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures.

These adjustments simplify state agency data routing and reporting schedules.

The USBE administrative personnel will handle the annual aggregate report compilation as part of regular ongoing duties using existing staff hours and Information Technology (IT) systems.

Because no new software builds, state Full-Time Equivalencies (FTEs), or legislative appropriations are required, there are no incremental costs or savings to the state budget.

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

LEAs already maintain codes of conduct, conduct annual staff trainings, obtain signed acknowledgments, and manage online policy portals pursuant to Section 63G-7-301 and existing administrative rules. Extending coverage to contractors/volunteers aligns with existing local onboarding protocols.

Extending the website posting deadline to 90 days and consolidating state reporting into an annual aggregate submission reduces administrative friction for LEA personnel.

Because these changes adjust local operational workflows without requiring new software, capital expenditures, or additional administrative staffing, local governments will experience no incremental costs or savings.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

This administrative rule regulates public education entities (school districts, charter schools, and the Utah Schools for the Deaf and the Blind) and their staff, contractors, and volunteers.

While private contractors providing services to LEAs must ensure their personnel adhere to local school codes of conduct, this requirement is integrated into standard school vendor contracting and onboarding procedures.

This rule contains no provisions that tax, license, or place direct regulatory burdens on commercial markets or small businesses. Therefore, it has zero aggregate economic impact on small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

These updates provide clearer behavioral guidelines for school personnel, contractors, and volunteers while protecting students and reporters.

However, they do not impose any direct taxes, out-of-pocket fees, or mandatory individual financial liabilities on school staff, parents, or students as an aggregate class.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

Individual staff members, contractors, and volunteers must read, acknowledge, and adhere to an LEA's code of conduct. Reading and signing an acknowledgment statement occurs during routine annual orientation or volunteer/contractor onboarding, requiring no personal out-of-pocket expenses, software purchases, or filing fees.

Consequently, the incremental compliance cost per individual entity within any affected class is $0.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Subsection 53E-3-401(4)

Section 63G-7-301

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

10/01/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

10/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of

Policy

Date:

08/14/2026

R277. Education, Administration.

R277-322. LEA Codes of Conduct.

R277-322-1. Authority[,] and Purpose[, and Oversight Category].

(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;

(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; and

(i) regulates behavior of a school [employee]staff member toward a student; and

(ii) includes a prohibition against any sexual conduct between a staff member and a student and against the staff member and student

sharing any sexually explicit or lewd communication, image, or photograph.

(2) The purpose of this rule is to [require LEAs to create a code of conduct or appropriate behavior policy applicable to the LEA's

staff]have each LEA and school adopt a code of conduct, not less stringent than the model code of conduct in Section R277-322-4 that applies to all

staff within the LEA or school.

(3)[ This Rule R277-326 is categorized as Category 2 as described in Rule R277-111](a) All provisions of this rule apply to all licensed

educators.

(b) Nothing in this rule shall limit the Board's authority under Rules R277-210 through R277-217 to investigate or discipline licensed

educators for violations of educator standards.

R277-322-2. Definitions.

(1) "Boundary violation" means the same as that term is defined in Rule R277-210.

[(2) "Personal identity characteristics" has the same meaning as defined in Section 53B-1-118.]

(2) "Promptly" means as soon as reasonably practicable under the circumstances.

(3) "Retaliation" means intimidation, threats, coercion, harassment, adverse employment actions, or other speech or conduct that would

discourage a reasonable person from reporting or participating in an investigation.

[(3)](4) "Staff" or "[s]Staff member["] means an employee, contractor[,] or volunteer with unsupervised access to students.

[(4)](5) "Sexual conduct" means:[ any sexual contact or communication between a staff member and a student, including:

(a) "sexual abuse" as defined in Section 76-5-404.1;

(b) "sexual battery" as defined in Section 76-9-702.1; or

(a) any interaction between a staff member and a student that is sexual in nature, including;

(b) "sexual abuse" as defined in Section 76-5-404.1;

(d) sharing any sexually explicit or lewd communication, image, or photograph.

(6) "Staff" or "staff member" means an employee, contractor, or volunteer with significant unsupervised access to students.

(7) "Substantiated" means that an allegation has been proven through an investigation or hearing process by a preponderance of competent

evidence.

R277-322-3. Required Model Code of Conduct[ Policy].

(1) The [Superintendent]Board [shall create]creates a model code of conduct[ or appropriate behavior policy].

(2) A school staff member:

(a) may not engage in sexual conduct with a student or minor while on school property or while acting within the scope of employment;

(b) while on school property or while acting within the scope of employment, may not commit boundary violations and shall maintain

professional boundaries, as defined in Rule R277-210, with a student or minor when the staff member knows or reasonably should know that the

individual is a student or minor;

(i) participating in training on the code of conduct to the staff; and

(ii) the staff member to sign a statement acknowledging that the staff member has read and understands the code of conduct;

(d) shall comply with all federal, state, and local laws;

(e) shall treat students with respect;

(f) shall promptly report any known or reasonably suspected violation of the Code of Conduct to the appropriate school or LEA

administrator in accordance with applicable reporting policies and procedures; and

(g) shall report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services in accordance with

Sections 53E-6-701 and 80-2-602;

(h) may not use alcohol or illegal drugs while on duty or participating in a school-sponsored activity;

(i) shall avoid the use of prescription drugs while on duty or participating in a school-sponsored activity, in a manner that impairs

judgment or professional performance;

(j) shall not engage in sexual conduct and shall act professionally while on school property or during contracted time;

(k) a staff member may not plan, organize, promote, encourage, or participate in an unauthorized activity during the school day that

disrupts instructional time or encourages or results in student nonattendance from scheduled classroom instruction;

(l) subject to constitutional rights against self-incrimination, a staff member shall fully cooperate with criminal or civil law enforcement,

and an LEA, school, UPPAC, or Board investigation involving a student or staff member by:

(i) responding truthfully and promptly to lawful inquiries;

(ii) providing relevant information within the staff member's knowledge or possession; and

(iii) complying with lawful subpoenas, warrants, or other compulsory processes;

(l) shall not, while on school property, while acting within the scope of employment, or under circumstances in which a reasonable person

would perceive the conduct as school-sponsored, invite, suggest, or encourage a student to reconsider or change the student's sexual orientation or

gender identity;

(m) shall annually attend abuse prevention training as required in Section 53G-9-207;

(n) shall comply with the requirements of Section 76-5-404.1 regarding sexual abuse; and

(o) shall comply with the requirements of Section 76-9-702.1 regarding sexual battery.

[(2) Each LEA shall adopt a code of conduct or appropriate behavior policy applicable to the LEA's staff.

(3) An LEA's code of conduct or appropriate behavior policy, adopted pursuant to Subsection (2), may not be less stringent than the model

code of conduct or appropriate behavior policy described in Subsection (1) and shall include, at a minimum:

(a) a statement that a staff member shall avoid boundary violations, as defined in Rule R277-210, with students;

(b) a statement that a staff member may not subject a student to:

(i) physical abuse;

(ii) verbal abuse;

(iii) sexual abuse; or

(iv) mental abuse;

(i) physical abuse;

(ii) verbal abuse;

(iii) sexual abuse;

(iv) mental abuse; or

(v) neglect;

(d) a statement that a staff member may not touch a student in a way that makes a reasonably objective student feel uncomfortable;

(e) a statement that a staff member may not participate in sexual conduct with a student;

(f) a statement regarding appropriate verbal or electronic communication between a staff member and a student;

(g) a statement regarding providing gifts, special favors, or preferential treatment to a student or group of students;

(h) a statement that a staff member may not discriminate against a student on the basis of the student's personal identity characteristics;

(i) a statement regarding appropriate use of electronic devices and social media for communication between a staff member and a student;

(j) a statement regarding use of alcohol, tobacco, and illegal substances during work hours and on school property;

(k) a statement that a staff member shall:

(i) report any suspicion of child abuse or bullying to the proper authorities;

(ii) annually read and sign all policies related to identifying, documenting, and reporting child abuse; and

(iii) for an employee or contractor, annually attend abuse prevention training required in Section 53G-9-207; and

(4) An LEA shall post the LEA's code of conduct or appropriate behavior policy adopted pursuant to Subsection (2) on the LEA's website.

(5) An LEA shall annually provide training to staff regarding the policy, including the staff member's responsibility to report and how to

report:

(a) known violations of the LEA's code of conduct or appropriate behavior policy; and

(b) known violations of the Utah Educator Standards contained in Rule R277-217.

(6) A staff member shall annually sign a statement acknowledging that the staff member has read and understands the code of conduct or

appropriate behavior policy.]

(3)(a) A staff member may not knowingly make a false report alleging a violation of the LEA's or school's code of conduct.

(b) A staff member who retaliates against an individual for reporting alleged misconduct under this Code of Conduct may be subject to

disciplinary action by the LEA or school, up to and including termination of employment; referral to UPPAC if the individual is licensed by the

Board; and other remedies or penalties available under the law.

(4) A staff member who knowingly makes a false, malicious, or frivolous report may be subject to disciplinary action by the LEA or

school, up to and including termination of employment; referral to UPPAC if the individual is licensed by the Board; and other remedies or penalties

available under the law.

(5) Nothing in this section shall be construed to discourage or penalize good-faith reports.

(6) A staff member at an LEA or school that retaliates or facilitates retaliation against a staff member for reporting an alleged violation of

this code of conduct or Rule R277-210 or R277-217 may be subject to disciplinary action by the LEA or school, up to and including termination of

employment; corrective action or other sanctions in law and rule; or UPPAC action, if a licensed educator.

R277-322-4. LEA and School Responsibilities.

(1) Each LEA and school shall adopt a code of conduct, which may not be less stringent than the model code of conduct established in

Section R277-322-3.

(2) The code of conduct adopted by an LEA or school under Subsection (1) shall include language regarding contractors and volunteers.

(3) An LEA shall establish a hotline as described in Section R277-123-7 for students, parents, and personnel to report violations of Board

rule and LEA policy, including the code of conduct, and in its training promote awareness of the required hotline.

(4) An LEA, and each school, shall prominently post its code of conduct on its website.

(5) An LEA and each public school shall provide code of conduct training to its staff and require each staff member to sign a statement

acknowledging that the staff member has read and understands the code of conduct.

(6) An LEA shall submit an annual assurance to the Board consistent with this rule verifying that the LEA and each school has complied

with:

(a) required code of conduct training;

(b) obtained staff member acknowledgments;

(d) promoted Section R277-123-7 as required.

(7) An LEA shall annually submit to the Superintendent aggregate data on substantiated code of conduct complaints, categories of

violations, and outcomes.

(8) An LEA, or school, may not construe this section to prevent the LEA, or school, from making reports to law enforcement, UPPAC, or

the Department of Health and Human Services as otherwise required by law.

(9)(a) An LEA, or school, may not enter into any agreement that prevents or restricts the LEA, or school, from providing the notice

required by this section.

(b) An LEA , or school, may not enter into an agreement, or request a staff member to enter into an agreement, which restricts or prohibits

a staff member from communicating or reporting any complaint or concern regarding the direct or indirect safety and welfare of a student or any

inappropriate conduct by the LEA, or school, to law enforcement, a local board, the Board, or UPPAC.

(10) An LEA and school shall prohibit retaliation against an individual who, in good faith, reports a suspected violation of an LEA or

school code of conduct, policy, Board rule, or the law.

(11) An LEA, or school, shall update the website posting within 90 days of adopting or revising its code of conduct.

(12)(a) Failure of an LEA, or school, to comply with this rule constitutes noncompliance subject to corrective action or sanctions.

(b)(i) Repeated failure to abide by Section 63G-7-301 or this Rule, may subject the LEA, school or administrators to corrective action or

other sanctions.

R277-322-5. Superintendent Responsibilities.

(1) The Superintendent shall classify a report submitted under Subsection (9) as private in accordance with Subsections 63G-2-302(2)(a)

and (d).

(2) The Superintendent shall prepare a report of all data collected under this rule and shall provide the report to the Board annually.

KEY: codes of conduct, appropriate behavior, [employee]staff conduct

Date of Last Change: 2026[August 7, 2024]

Notice of Continuation: June 7, 2024

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 63G-7-301

!--dar--