1. (1) An LEA shall have a policy requiring a non-licensed public employee, a volunteer, or a charter school board member, to report offenses specified in Subsection (3).
2. (2) An LEA shall post the policy described in Subsection (1) on the LEA's website.

3. (3) An LEA's policy described in Subsection (1) shall include the following minimum components:

   1. (a) reporting of the following:

      1. (i) convictions or pleas in abeyance;
      2. (ii) any arrest, citation, or charge for an alleged sex offense;
      3. (iii) any arrest, citation, or charge for an alleged drug related offense;
      4. (iv) any arrest, citation, or charge for an alleged alcohol related offense; and
      5. (v) any arrest, citation, or charge for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.
   2. (b) a timeline for receiving reports described in Subsection (3)(a);
   3. (c) immediate suspension from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation;
   4. (d) immediate suspension from transporting students or public education vehicle operation or maintenance for alleged offenses involving alcohol or drugs during the period of investigation;
   5. (e) adequate due process for the accused employee consistent with Section 53G-11-405;
   6. (f) a process to review arrest information and make employment or appointment decisions that protect both the safety of students and the confidentiality and due process rights of employees and charter school board members; and
   7. (g) timelines and procedures for maintaining records of arrests and convictions of non-licensed public education employees and charter school board members.

4. (4) An LEA shall ensure that the records described in Subsection R277-316-4(3)(g):

   1. (a) include final administrative determinations and actions following investigation; and

   2. (b) are maintained:

      1. (i) only as necessary to protect the safety of students; and
      2. (ii) with strict requirements for the protection of confidential employment information.

KEY: school employees, self reporting, background check

Date of Last Change: January 10, 2025

Notice of Continuation: November 15, 2024

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)