R277. Education, Administration.
R277-123. Process for Members of the Public to Report Violations of Statute and Board Rule.
R277-123-1. Authority and Purpose.
(1) This rule is authorized by:
(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
(c) Subsection 53E-3-401(8)(d), which requires the Board to establish a process in rule for an individual to bring a violation of statute or board rule to the attention of the Board.
(2) The purpose of this rule is to establish a process for an individual to bring an alleged violation of statute or board rule to the attention of the Board.
R277-123-2. Definitions.
(1) "Alleged violation" means an alleged violation of statute or Board rule.
(2) "Hotline report" means a report of an alleged violation submitted to the Board's public education hotline.
(3) "Public education hotline" or "hotline" means the process and database maintained by the Board's internal audit staff where an individual may report an alleged violation.
R277-123-3. Individual Reports of Alleged Violations of Statute and Board Rule - Public Education Hotline Reports.
(1) An individual may report an alleged violation of statute or state board rule to the Board's public education hotline, which can be found at https://schools.utah.gov/internalaudit?mid=892&tid=3.
(2) A hotline report may be submitted through the internal audit webpage on the Board's website, form, mail, phone or email.
(3)(a) As part of the individual's hotline report, the individual may provide:
(i) a detailed description of the report or alleged violation, including any laws, regulations, or policies that are relevant;
(ii) the name of the individual, program, and, if applicable, funding, involved;
(iii) the location where the action or concern occurred;
(iv) the date the action or concern occurred; and
(v) any additional information, including:
(A) other witnesses; and
(B) supporting documents or evidence.
(4) The Board's internal audit staff shall conduct a preliminary analysis of an alleged violation and may request additional information from the individual.
(5) Upon review of the information described in this Section R277-123-3, internal audit staff may refer an alleged violation to the applicable LEA to be resolved or to applicable staff.
(6) An alleged violation related to special education or educator misconduct shall be reviewed and resolved in accordance with:
(a) for a report related to special education, R277-750; or
(b) for a report related to educator misconduct, Rules R277-210 through 217.
(7) If a response is requested by an individual or implied, internal audit or other staff shall respond to the individual who submits an alleged violation within three business days.
(8) If a staff member requests additional information from an individual who submitted an alleged violation, the individual shall respond to the request in a timely manner.
(9) If after two attempts to obtain information from an individual as described in Subsection (8) the individual does not respond to staff, the alleged violation shall be closed in the public education hotline.
R277-123-4. Resubmitted Alleged Violations of Statute or Board Rule.
(1) An individual whose alleged violation is referred to an LEA, state agency, or other entity for resolution, may resubmit the alleged violation to the public education hotline if:
(a) the alleged violation is not resolved by the LEA, state agency or other entity; and
(b) the alleged violation is within the jurisdiction or authority of the Board to resolve.
(2) Staff who receive a resubmitted alleged violation described in Subsection (1) may:
(a) request information from the LEA, state agency, or other entity; and
(b) conduct a preliminary investigation of the issue.
R277-123-5. Substantiated Allegations of Violations of Statute or Board Rule.
(1) If an alleged violation is substantiated or significant risk is identified, internal audit may recommend:
(a) that the Board's Audit Committee recommend prioritization of an audit to the full Board; or
(b) that Superintendent implement corrective or other action in accordance with R277-114.
(2) If an alleged violation is not substantiated, staff shall notify the individual who submitted the alleged violation.
