Key Takeaways
- The rule from HB 82 requires school districts to submit employee email addresses, allowing the legislature to contact educators directly without their consent.
- This provision raises concerns that educators could face disciplinary action for expressing political opinions through their work emails.
- The rule blurs the line between personal free speech and professional responsibilities, creating legal and ethical risks for educators.
On September 5, 2024, Utah Education Association (UEA) President Renée Pinkney addressed the Utah State Board of Education with a call to action: she urged the Board and the Legislature to repeal a newly enacted administrative rule stemming from HB 82 "Public Education Program Modifications."
The bill, sponsored by Rep. Candice Pierucci (R-Harriman) and Sen. John Johnson (R-Morgan, Summit and Weber Counties) mandates that school districts submit school employee work email addresses to the Utah State Board of Education (USBE). This allows the Board and the Utah Speaker of the House and Senate President to send up to three communications per year directly to school employees.
Pinkney’s remarks highlight concerns over the potential consequences of this policy, particularly regarding educators' free speech and the risk of disciplinary action tied to political expression.
Statement from UEA President Renée Pinkney
"During the last legislative session, UEA opposed HB 82 because it contained a new requirement that LEAs annually report all school employee email addresses to the State Board. It then allows the legislature to directly email all school employees, despite the fact the educators are neither employed by the legislature nor the state of Utah. We opposed this provision because we believe it creates risk for educators.
Imagine this scenario: the legislature emails school employees during the legislative session about a policy issue seeking their input. An educator responds from their school email, disagreeing with the policy and engaging in partisan political speech. Might such action become a disciplinary issue for the educator? Especially our early career educators?
We know that an educator who speaks out about a hot-button political matter such as gun control outside of the school will be protected by the First Amendment. But will sharing an opinion via a school email, on a school-issued device, during contract time, to a legislator who disagrees with you about the same issue be protected?
At your August Board meeting, during the discussion on the new administrative rule R277-482, several Board members highlighted similar concerns.
Quote byRenée Pinkney , Utah Education Association President
Thank you for all that you do for our public school students and educators."
President Pinkney's call for the rule's repeal emphasizes the need to protect educators from the law's unintended consequences, particularly those related to political speech and its potential disciplinary implications.
UEA remains committed to advocating for educators' rights and working with the Board and the Legislature to resolve this issue.
