H.B. 156 Enrolled

EDUCATION ETHICS CODE
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Eli H. Anderson
AN ACT RELATING TO EDUCATORS; MODIFYING THE PUBLIC OFFICERS' AND
EMPLOYEES' ETHICS ACT AS RELATED TO ACTIVITIES FOR STUDENTS ORGANIZED
BY AN EDUCATOR; AND PROVIDING THAT THE STATE BOARD OF EDUCATION
ESTABLISH ETHICAL CONDUCT STANDARDS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
67-16-4, as last amended by Chapter 92, Laws of Utah 1998
ENACTS:
53A-1-402.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-1-402.5 is enacted to read:
53A-1-402.5. State board rules establishing basic ethical conduct standards -- Local
school board policies.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules that establish basic ethical conduct standards for public
education employees who provide education-related services outside of their regular employment
to their current or prospective public school students.
(2) The rules shall provide that a local school board may adopt policies implementing the
standards and addressing circumstances present in the district.
Section 2. Section 67-16-4 is amended to read:
67-16-4. Improperly disclosing or using private, controlled, or protected information
-- Using position to secure privileges or exemptions -- Accepting employment which would
impair independence of judgment or ethical performance.
(1) It is an offense for a public officer, public employee, or legislator, under circumstances
not amounting to a violation of Section 63-56-72 or 76-8-105 , to:

[(1)] (a) accept employment or engage in any business or professional activity that he might
reasonably expect would require or induce him to improperly disclose controlled information that he
has gained by reason of his official position;
[(2)] (b) disclose or improperly use controlled, private, or protected information acquired by
reason of his official position or in the course of official duties in order to further substantially the
officer's or employee's personal economic interest or to secure special privileges or exemptions for
himself or others;
[(3)] (c) use or attempt to use his official position to:
[(a)] (i) further substantially the officer's or employee's personal economic interest; or
[(b)] (ii) secure special privileges or exemptions for himself or others;
[(4)] (d) accept other employment that he might expect would impair his independence of
judgment in the performance of his public duties; or
[(5)] (e) accept other employment that he might expect would interfere with the ethical
performance of his public duties.
(2) (a) Subsection (1) does not apply to the provision of education-related services to public
school students by public education employees acting outside their regular employment.
(b) The conduct referred to in Subsection (2)(a) is subject to Section 53A-1-402.5.

- 2 -