R277-516-5. Non-licensed Public Education Employee, Volunteer, or Charter School Board Member Arrest Reporting Policy Required from LEAs

  (1) An LEA shall have a policy requiring a non-licensed public employee, a volunteer, a charter school board member, or any other employee who drives a motor vehicle as an employment responsibility, to report offenses specified in Subsection (3).

  (2) An LEA shall post the policy described in Subsection (1) on the LEA's website.

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

  (a) reporting of the following:

  (i) convictions, including pleas in abeyance and diversion agreements;

  (ii) any matters involving arrests for alleged sex offenses;

  (iii) any matters involving arrests for alleged drug-related offenses;

  (iv) any matters involving arrests for alleged alcohol-related offenses; and

  (v) any matters involving arrests for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.

  (b) a timeline for receiving reports from non-licensed public education employees;

  (c) immediate suspension from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation;

  (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;

  (e) adequate due process for the accused employee consistent with Section 53G-11-405;

  (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

  (g) timelines and procedures for maintaining records of arrests and convictions of non-licensed public education employees and charter school board members.

  (4) An LEA shall ensure that the records described in R277-516-5(3)(g):

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

  (b) are maintained:

  (i) only as necessary to protect the safety of students; and

  (ii) with strict requirements for the protection of confidential employment information.