(1) As used in this section: (a) "Employee" means: (i) "administrative personnel" as that term is defined in Section 53G-10-206; and (ii) "instructional personnel" as that term is defined in Section 53G-10-206. (b) "LEA" means the same as that term is defined in Section 53E-1-102. (c) "Required technology" means an application, software, or other technologies for work-related duties without which an employee could not reasonably complete necessary or essential job functions or engage in emergency situations. (d) "Work-related contact information" means: (i) private or work-provided phone numbers used for work purposes; (ii) email addresses an employer provides or uses primarily for work functions; (iii) work mail addresses, including physical addresses, post office boxes, and other mailing details used to send or receive work-related communications or documents; (iv) logins, usernames, access codes, passwords, or other credentials used to access accounts, systems, documents, records, or services provided in relation to an employee's job duties; and (v) messaging accounts, forum memberships, directory listings, distribution lists, committee or group enrollments. (2) (a) Except as provided in Sections 53G-7-224 and 63G-2-204, an LEA or the state board may not sell or otherwise transfer an employee's work-related contact information to a third party if the sale or transfer is an isolated or standalone transaction. (b) To the extent allowed by law, an LEA shall publicly disclose a records request, and any fees charged, for the information described in Subsection (2)(a). (3) Except as provided in Section 53G-7-224, an LEA or the state board may not distribute an employee's work-related contact information in a manner that would interfere with an employee's ability to access or use work-related accounts, contacts, email lists, or other contact information resources necessary to perform the employee's job duties. (4) An LEA may not require an employee to download, install, access, or otherwise use required technology on a personally owned electronic device if use of the required technology contains terms, conditions, or data sharing provisions that would allow for access to data or information outside of the required technology. (5) If an LEA requires an employee to use required technology that the employee reasonably finds to contain objectionable terms and conditions, the LEA shall provide reasonable accommodations to the impacted employee to avoid mandatory use on the employee's personal device. (6) An LEA shall provide a reasonable accommodation under Subsection (5) that allows required use without accessing an employee's personal device, including providing the required technology: (a) via an LEA-owned and provided electronic device such as a computer, phone, or tablet; (b) through a secure virtual or remote desktop environment not requiring installation or access credentials on a personal device; or (c) through similar means that do not obligate personal device use. (7) An LEA may not take adverse action against an employee for exercising rights under this section and requesting reasonable accommodations. (8) An employee may file a written complaint with the state board alleging violations of this chapter. (9) The state board shall investigate any complaint alleging violations under this section and take licensure or corrective action if the state board determines that action is necessary.
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