UTAH EDUCATORS' RIGHTS PAMPHLET
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a. School Board Authority. School boards have broad authority to make employee assignments. School boards may not assign educators to perform duties clearly outside the scope of an educator's contract or to perform services which are obviously dangerous or unlawful. Boards have the authority to make new assignments and to give the educator a reasonable time in which to become qualified to perform those assignments.
b. Educators. Educators have the responsibility to be and remain qualified to teach in the areas they are assigned and to perform the duties they are assigned or directed to perform. If an educator is asked or directed to do or not do something the educator believes to be in violation of the working agreement, the educator should do as directed, then grieve. The rule is, "do it, then grieve." Refusing to do or not do something s/he is directed to do or not do may be insubordination for which the educator can be disciplined.
Additionally, educators should comply with the code of professional responsibilities adopted by the National Education Association. The Utah State Board of Education has adopted codes of professional and ethical conduct for educators. These codes require the educator be competent to perform in the areas for which s/he is licensed. The code of ethical conduct requires educators to maintain high ethical standards both on and off the job. Educators' licenses will be revoked for illegal drug use, sexual misconduct with a student, and almost any kind of serious criminal conviction.
c. Student Records. Student records and information about a student are confidential and should not be provided to persons not authorized to have them. Districts tend to err on the side of caution in defining what is a student record or providing information about a student even to other teachers. The law gives districts considerable discretion to provide information to other school employees on an "as needed basis" as decided by the district.
Utah law also prohibits educators from surveying students or asking questions about a student's private life, mental or psychological problems, illegal, antisocial, or demeaning behavior, sexual behavior, orientation, or attitude, politics, appraisals of individuals with whom the student or family member has close family relationships, and religious affiliations or beliefs.
d. Child Abuse. Educators are required to report suspected cases of child abuse.
e. Safe Learning Environment. Districts have a duty to provide a safe learning environment free from conduct which is prohibited by federal law under anti-bias and discrimination laws.
f. Professional Requirements. Educators have the responsibility to meet the minimum standards of the profession. Educators must have the graduate credit necessary, be a graduate of an accredited institution of higher education, hold endorsements in the areas in which they teach and perform services, and remain knowledgeable about current developments in the subjects taught. Because of the increased liability and duties imposed by federal and state law, educators are required now more than ever to be informed about the legal rights and responsibilities they have toward each other and their students.
g. Public Officers' and Employees' Ethics Act. Utah law prohibits public employees and officers from having or engaging in activities creating a conflict of interest between the officers' or employees' duties. Essentially, the Act prohibits personal economic gain from one's public position or knowledge gained from one's public position. In 2000, UEA successfully urged amendments to the Ethics Act to permit educators to provide learning experiences to their pupils in the district for which the educator received some kind of compensation. Prior to the amendments the USOE had opined educators could not provide these kinds of services to students and pupils attending schools in the district.
h. Acceptable Use Policies. All districts have "acceptable use policies." These policies describe the appropriate uses of school computers. If an educator violates any portion of these policies, s/he may be subject to discipline by the school district and from the Utah Professional Practices Advisory Commission. Many educators have lost their licenses because they viewed inappropriate websites or stored inappropriate pictures on their district-owned computers. Because districts maintain logs of the websites users access, it is important to notify the school's IT department immediately if an educator accidentally comes upon any sexually explicit websites. Educators should read and familiarize themselves with their district's acceptable use policy at least once each year. Additionally, the Utah legislature has strongly objected to educators using district owned computers to communicate partisan political positions. Educators should not use district computers to send partisan political statements. Ordinarily, information about political events such as the time, date and place of a county convention would not violated the policy, but it's wise to check with administrators first. It's okay to receive information. If the educator wants to forward partisan information, send it to the home computer and distribute it from home without the district's logo or other school or district information in it.
i. Testing Protocols. In this era of increased testing, educators must be aware of the procedures involved with the tests they administer to students. Violations of testing protocols may lead to disciplinary action against your employment and/or your license. The Utah State Office of Education has prepared a video outlining elements of good testing. Every district's testing director should have a copy. Suggestions include: never copy a test, keep all tests and test manuals in a secure area, count all tests and test manuals, never use old tests for any reason including practicing test preparation, students cannot be used to monitor testing, do not rephrase questions or provide hints to students, follow the testing manual directions precisely.
j. Copyright. Educators often use additional materials to supplement their lessons. This is generally an effective way to help maintain students' interest in the subject matter. Educators must do this with caution, however. Apart from the concerns raised by presenting non-approved materials in the classroom, the educator also runs the risk of violating federal copyright law. It is possible, however, to display copyrighted material without violating federal law if the reproduction constitutes "fair use." Four factors are used when determining whether the reproduction of copyrighted material is "fair use": (1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. Generally, if only a small portion of the work is reproduced for educational purposes, the educator will not run afoul of the law. It is always best, however, to get the permission of the copyright holder before incorporating copyrighted work into lesson plans.