53E-3-1302. Code of official conduct.

518 words·~2 min read·/ut/title-53e/chapter-3/53e-3-1302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Each board member shall comply with the requirements established in Subsection

(2).

(2)Board members shall not engage in conduct that violates any of the following standards:

(a)a board member may not engage in any employment or other activity that would destroy or impair the board member's independence of judgment;

(b)a board member may not be paid by a person to lobby, consult, or to further the interests of any matter before the board, except that a person may pay a board member to lobby, as defined in Section 36-11-102 , for the purpose of influencing federal legislative or federal executive action;

(c)a board member may not exercise any undue influence on any governmental entity, where "undue influence" means deceit or threat of violence;

(d)a board member may not engage in any activity that would be an abuse of official position or a violation of trust;

(e)a board member may not use any nonpublic information obtained by reason of the board member's official position to gain advantage over any business or professional competition for activities with the state and its political subdivisions;

(f)a board member may not engage in any business relationship or activity that would require the disclosure of confidential information obtained because of the board member's official position;

(g)a board member may not use the board member's official position to secure privileges for the board member or others;

(h)a board member shall disclose any conflict of interest on any matter before the board as provided in Section 53E-3-1309 ;

(i)a board member may accept small gifts, awards, or contributions if these favors do not influence the board member in the discharge of official duties;

(j)a board member may engage in business or professional activities with the state or its political subdivisions if the activities are entered into under the same conditions and in the same manner applicable to any private citizen or company engaged in similar activities; and

(k)a board member may enter into transactions with the state by contract by following the procedures and requirements of Title 63G, Chapter 6a, Utah Procurement Code.

(3)A board member may not engage in conduct that:

(a)violates student privacy rights under the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, or Title 53E, Chapter 9, Student Privacy and Data Protection;

(b)constitutes discrimination, harassment, or retaliation against students, educators, or members of the public;

(c)involves improper use of board resources for personal or political purposes; or

(d)undermines the board's constitutional and statutory responsibilities for general supervision and control over public education.

(4)Nothing in this section shall be construed to limit a board member's freedom of speech or ability to represent constituents' interests in board deliberations.

(5)A violation of this section may result in disciplinary action as provided in Section 53E-3-1313 , but only the Legislature may remove an elected board member from office through impeachment proceedings under Utah Constitution, Article VI, Section 19.

Enacted by Chapter 181 , 2026 General Session