ADMINISTRATIVE REGULATION - 4137

The following guidelines shall be applied to professional practice regarding private instruction.

Private Individual Instruction

An employee or paid coach may not solicit and/or accept any kind of remuneration other than district compensation, for tutoring, or giving personal private lessons to any student who is concurrently a member of his/her class, team, or performing group.

1. This provision applies to staff members who are responsible for determining the student's mark in the class and/or status in a performing group or team.
2. Instructional assistants typically do not fall in this category.
3. This provision applies to a staff member if the student is concurrently enrolled in any of the staff member's classes, performing groups, or teams, regardless of the content of the private instruction.
4. This provision applies to kick-backs of any kind from a private instructor or private instruction business, and to gifts that might reasonably be considered quid pro quo.

Private Group Instruction

1. The Private Instruction policy provision regarding private group instruction does not apply to camps or after school programs that are offered under the auspices of the school district or district-affiliated organizations such as IPSF, Adult Education, PTA, Athletic Booster Clubs.
2. The Private Instruction policy does not prohibit private group instruction where the majority of the members of the group are not concurrently a member of the instructor or owner's class, team or performing group. However, for those members of the group who are concurrently members of the instructor or owner's class, team or performing group, a plan shall be developed that is designed to mitigate any perception of favoritism or conflict of interest. Such plan requires the approval of the Assistant Superintendent of Education Services.

Private Individual or Group Instruction

1. No personal private instruction for which an employee receives a fee will be carried on in a school building or district facility except that applicable facilities use fees and regulations are applied.
2. Employees who accept outside private instruction engagements for students who are not members of their classes, team, or performing group make their own arrangements with the parents for the fees to be assessed. All provisions of the CIF Association Rule 311 apply. (CIF Rule 311: During the school year, prior to the established date for authorized before and after-school practice in a particular sport and following an individual's or team's last authorized competition, a student may receive athletic instruction in a CIF SS approved sport only during one regularly scheduled physical education period in which the student is enrolled and earning credit for that particular sport. Coaches should take necessary precautions to remove himself/herself from an environment which would inherently be suspect in relationship to the association rules.)
3. Employees or paid coaches shall recommend several alternatives, if recommending another professional or a professional group for private instruction.

Plan to Mitigate Favoritism

The Private Instruction policy does not prohibit private group instruction where the majority of the members of the private group are not concurrently a member of your team or performing group with the exception of those teams falling under the CIF Association Rule 311. However, if members of your private group are concurrently members of your IUSD team or performing group, you must develop a plan that is designed to mitigate any perception of favoritism or conflict of interest so that it is clear that decisions made regarding your team or performing group do not favor those students who participate in your non-school activity. Your plan requires the approval of the Assistant Superintendent of Education Services.

The following information should be included in a plan:

1. Selection process
2. Determination of performing time
3. Determination of participation in final competitions
4. Discipline guidelines
5. Application/administration of team rules including consequences
6. Determination of awards or special recognition
7. Commitment to fair and equal treatment

Have your completed plan signed by your administrator and file it with the Assistant Superintendent of Education Services prior to performing services as a coach or instructor.