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H.B. 207
This document includes House Floor Amendments incorporated into the bill on Tue, Jan 23,
2007 at 12:01 PM by jeyring. -->
This document includes House Floor Amendments incorporated into the bill on Mon, Jan 29,
2007 at 11:43 AM by jeyring. -->
1
SCHOOL TRUANCY AND COMPULSORY
2
EDUCATION AMENDMENTS
3
2007 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Eric K. Hutchings
6
Senate Sponsor:
Carlene M. Walker
7
8
LONG TITLE
9
General Description:
10
This bill amends provisions related to compulsory education and truancy.
11
Highlighted Provisions:
12
This bill:
13
. defines terms;
14
. directs a local school board, local charter board, or school district to preapprove an
15
extended absence of a school-age minor if it is determined that the absence will not
16
adversely impact the school-age minor's education;
17
. describes compulsory education requirements relating to school-age minors;
18
. provides for the service of a notice of compulsory education violation on a parent or
19
guardian of a school-age child who is less than 14 years old if the child has been
20
absent without a valid excuse at least five times during the school year;
21
. makes it a class B misdemeanor for a parent or guardian to intentionally or
22
recklessly:
23
. fail to enroll the parent's school-age minor in school, unless the school-age
24
minor is exempt from enrollment; or
25
. after being served with a notice of compulsory education violation, fail to meet
26
and discuss a school-age child's school attendance problems with school
27
authorities or fail to prevent a school-age child from being truant five or more
28
times during the remainder of the school year;
29
. provides for juvenile court jurisdiction of habitual truant proceedings and
30
compulsory education violations;
31
. establishes school attendance requirements for a school-age minor;
32
. provides for the issuance of a notice of truancy to a school-age minor who is at least
33
12 years old and has been truant at least five times during the school year;
34
. establishes a procedure for resolving truancy problems of a school-age minor who is
35
at least 12 years old;
36
. modifies and describes requirements for proceedings on, and the issuance of,
37
citations and notices relating to truancy;
38
. removes provisions permitting the issuance of a truancy citation, except for a
39
habitual truant citation;
40
. provides that a notice of truancy or a habitual truant citation may only be issued by a
41
school administrator or truancy specialist authorized by a local school board, local
42
charter board, or by the school administrator's designee;
43
. modifies and describes the duties of a local school board, local charter board, or
44
school district for attempting to resolve a minor's school attendance problems;
45
. clarifies civil liability limitations relating to compulsory education and truancy;
46
. changes the term "truancy officer" to "truancy specialist"; and
47
. makes technical changes.
48
Monies Appropriated in this Bill:
49
None
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Other Special Clauses:
51
None
52
Utah Code Sections Affected:
53
AMENDS:
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35A-3-304, as last amended by Chapter 29, Laws of Utah 2004
55
53A-11-101, as last amended by Chapter 99, Laws of Utah 1999
56
53A-11-102, as last amended by Chapter 253, Laws of Utah 2005
57
53A-11-102.5, as last amended by Chapter 221, Laws of Utah 2003
58
53A-11-103, as last amended by Chapter 221, Laws of Utah 2003
59
53A-11-104, as enacted by Chapter 2, Laws of Utah 1988
60
53A-11-105, as last amended by Chapter 99, Laws of Utah 1999
61
53A-11-106, as enacted by Chapter 337, Laws of Utah 1997
62
62A-2-108.1, as last amended by Chapter 188, Laws of Utah 2005
63
62A-4a-606, as last amended by Chapter 10, Laws of Utah 1997
64
78-3a-801, as last amended by Chapter 249, Laws of Utah 1999
65
ENACTS:
66
53A-11-101.3, Utah Code Annotated 1953
67
53A-11-101.5, Utah Code Annotated 1953
68
53A-11-101.7, Utah Code Annotated 1953
69
70
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
35A-3-304
is amended to read:
72
35A-3-304. Assessment -- Participation requirements and limitations -- Mentors.
73
(1) (a) Within 20 business days of the date of enrollment, a parent client shall:
74
(i) be assigned an employment counselor; and
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(ii) complete an assessment provided by the division regarding the parent client's:
76
(A) family circumstances;
77
(B) education;
78
(C) work history;
79
(D) skills; and
80
(E) ability to become self-sufficient.
81
(b) The assessment provided under Subsection (1)(a)(ii) shall include a survey to be
82
completed by the parent client with the assistance of the division.
83
(2) (a) Within 15 business days of a parent client completing an assessment, the
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division and the parent client shall enter into an employment plan.
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(b) The employment plan shall have a target date for entry into employment.
86
(c) The division shall provide a copy of the employment plan to the parent client.
87
(d) As to the parent client, the plan may include:
88
(i) job searching requirements;
89
(ii) if the parent client does not have a high school diploma, participation in an
90
educational program to obtain a high school diploma, or its equivalent;
91
(iii) education or training necessary to obtain employment;
92
(iv) a combination of work and education or training;
93
(v) assisting the Office of Recovery Services in good faith to:
94
(A) establish the paternity of a minor child; and
95
(B) establish or enforce a child support order; and
96
(vi) if the parent client is a drug dependent person as defined in Section
58-37-2
,
97
participation in available treatment for drug dependency and progress toward overcoming that
98
dependency.
99
(e) As to the division, the plan may include:
100
(i) providing cash and other types of public and employment assistance, including child
101
care;
102
(ii) assisting the parent client to obtain education or training necessary for employment;
103
(iii) assisting the parent client to set up and follow a household budget; and
104
(iv) assisting the parent client to obtain employment.
105
(f) The division may amend the employment plan to reflect new information or
106
changed circumstances.
107
(g) If immediate employment is an activity contained in the employment plan the
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parent client shall:
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(i) promptly commence a search for a specified number of hours each week for
110
employment; and
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(ii) regularly submit a report to the division on:
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(A) how time was spent in search for a job;
113
(B) the number of job applications completed;
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(C) the interviews attended;
115
(D) the offers of employment extended; and
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(E) other related information required by the division.
117
(h) (i) If full-time education or training to secure employment is an activity contained
118
in an employment plan, the parent client shall promptly undertake a full-time education or
119
training program.
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(ii) The employment plan may describe courses, education or training goals, and
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classroom hours.
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(i) (i) As a condition of receiving cash assistance under this part, a parent client shall
123
agree to make a good faith effort to comply with the employment plan.
124
(ii) If a parent client consistently fails to show good faith in complying with the
125
employment plan, the division may seek under Subsection (2)(i)(iii) to terminate all or part of
126
the cash assistance services provided under this part.
127
(iii) The division shall establish a process to reconcile disputes between a client and the
128
division as to whether:
129
(A) the parent client has made a good faith effort to comply with the employment plan;
130
or
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(B) the division has complied with the employment plan.
132
(3) (a) Except as provided in Subsection (3)(b), a parent client's participation in
133
education or training beyond that required to obtain a high school diploma or its equivalent is
134
limited to the lesser of:
135
(i) 24 months; or
136
(ii) the completion of the education and training requirements of the employment plan.
137
(b) A parent client may participate in education or training for up to six months beyond
138
the 24-month limit of Subsection (3)(a)(i) if:
139
(i) the parent client is employed for 80 or more hours a month; and
140
(ii) the extension is for good cause shown and approved by the director.
141
(c) A parent client who receives an extension under Subsection (3)(b) remains subject
142
to Subsection (4).
143
(4) (a) A parent client with a high school diploma or equivalent who has received 24
144
months of education or training shall participate in full-time work activities.
145
(b) The 24 months need not be continuous and the department may define "full-time
146
work activities" by rule.
147
(5) As a condition for receiving cash assistance on behalf of a minor child under this
148
part, the minor child must be:
149
(a) enrolled in and attending school in compliance with [Section
53A-11-101
] Sections
150
53A-11-101.5
and
53A-11-101.7
; or
151
(b) exempt from school attendance under Section
53A-11-102
.
152
(6) This section does not apply to a person who has received diversion assistance under
153
Section
35A-3-303
.
154
(7) (a) The division shall recruit and train volunteers to serve as mentors for parent
155
clients.
156
(b) A mentor may advocate on behalf of a parent client and help a parent client:
157
(i) develop life skills;
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(ii) implement an employment plan; or
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(iii) obtain services and supports from:
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(A) the volunteer mentor;
161
(B) the division; or
162
(C) civic organizations.
163
Section 2.
Section
53A-11-101
is amended to read:
164
53A-11-101. Definitions.
165
[(1)] For purposes of this part:
166
(1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
167
school-age minor assigned to a class or class period to attend the entire class or class period.
168
(b) A school-age minor may not be considered absent under this part more than one
169
time during one day.
170
[(a)] (2) "Habitual truant" [is] means a school-age minor who [has received more than
171
two truancy citations within one school year from the school in which the minor is or should be
172
enrolled and eight absences without a legitimate or valid excuse or who, in defiance of]:
173
(a) is at least 12 years old;
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(b) is subject to the requirements of Section
53A-11-101.5
; and
175
(c) (i) is truant at least ten times during one school year; or
176
(ii) fails to cooperate with efforts on the part of school authorities to resolve [a
177
student's] the minor's attendance problem as required under Section
53A-11-103
[, refuses to
178
regularly attend school or any scheduled period of the school day].
179
[(b)] (3) "Minor" means a person under the age of 18 years.
180
[(c)] (4) "Parent" includes:
181
[(i)] (a) a custodial parent of the minor;
182
[(ii)] (b) a legally appointed guardian of a minor; or
183
[(iii)] (c) any other person purporting to exercise any authority over the minor which
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could be exercised by [persons listed under Subsections (1)(c)(i) and (ii) above] a person
185
described in Subsection (4)(a) or (b).
186
[(d)] (5) "School-age minor" means a minor who [has reached the age of]:
187
(a) is at least six years old, but [has not reached the age of eighteen] younger than 18
188
years[, but does not include a minor] old; and
189
(b) is not emancipated [by marriage].
190
[(e) "Truancy citation" is an administrative notice to a truant minor requiring an
191
appearance before the school truancy control officer or body from which the minor is truant.]
192
(6) "School year" means the period of time designated by a local school board or local
193
charter board as the school year for the school where the school-age minor:
194
(a) is enrolled; or
195
(b) should be enrolled, if the school-age minor is not enrolled in school.
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(7) "Truant" means absent without a valid excuse.
197
[(f)] (8) "Truant minor" [is any] means a school-age minor who:
198
(a) is subject to the [state's compulsory education law] requirements of Section
199
53A-11-101.5
or
53A-11-101.7
; and [who is absent from school without a legitimate or valid
200
excuse.]
201
(b) is truant.
202
(9) "Valid excuse" means:
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(a) an illness;
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(b) a family death;
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(c) an approved school activity;
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(d) an absence permitted by a school-age minor's:
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(i) individualized education program, developed pursuant to the Individuals with
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Disabilities Education Improvement Act of 2004, as amended; or
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(ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
210
of 1973, as amended; or
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(e) any other excuse established as valid by a local school board, local charter board, or
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school district.
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[(2) A parent shall enroll and send a school-age minor to a public or regularly
214
established private school during the school year of the district in which the minor resides.]
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[(3) It is a class B misdemeanor for a parent to knowingly:]
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[(a) fail to enroll a school-age minor in school; or]
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[(b) refuse to respond to a written request which is delivered to the parent pursuant to
218
the provisions of Subsection
53A-11-103
(1)(b) by a local school board or school district.]
219
[(4) The provisions of this section do not apply to a parent of a school-age minor who
220
has been declared by the local school board to be exempt from school attendance in conformity
221
with Section
53A-11-102
.]
222
[(5) A local board of education or school district shall report violations of Subsection
223
(3) to the appropriate city, county, or district attorney.]
224
Section 3.
Section
53A-11-101.3
is enacted to read:
225
53A-11-101.3. Preapproval of extended absence.
226
In determining whether to preapprove an extended absence of a school-age minor as a
227
valid excuse under Subsection
53A-11-101
(9)(e), a local school board, local charter board, or
228
school district shall approve the absence if the local school board, local charter board, or school
229
district determines that the extended absence will not adversely impact the school-age minor's
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education.
231
Section 4.
Section
53A-11-101.5
is enacted to read:
232
53A-11-101.5. Compulsory education.
233
(1) For purposes of this section:
234
(a) "intentionally" is as defined in Section
76-2-103
;
235
(b) "recklessly" is as defined in Section
76-2-103
;
236
(c) "remainder of the school year" means the portion of the school year beginning on
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the day after the day on which the notice of compulsory education violation described in
238
Subsection (3) is served and ending on the last day of the school year; and
239
(d) "school-age child" means a school-age minor under the age of 14.
240
(2) Except as provided in Section
53A-11-102
or
53A-11-102.5
, the parent of a
241
school-age minor shall enroll and send the school-age minor to a public or regularly established
242
private school during the school year of the district in which the school-age minor resides.
243
(3) A school administrator, a designee of a school administrator, or a truancy specialist
244
may issue a notice of compulsory education violation to a parent of a school-age child if the
245
school-age child is absent without a valid excuse at least five times during the school year.
246
(4) The notice of compulsory education violation, described in Subsection (3):
247
(a) shall direct the parent of the school-age child to:
248
(i) meet with school authorities to discuss the school-age child's school attendance
249
problems; and
250
(ii) cooperate with the school board, local charter board, or school district in securing
251
regular attendance by the school-age child;
252
(b) shall designate the school authorities with whom the parent is required to meet;
253
(c) shall state that it is a class B misdemeanor for the parent of the school-age child to
254
intentionally or recklessly:
255
(i) fail to meet with the designated school authorities to discuss the school-age child's
256
school attendance problems; or
257
(ii) fail to prevent the school-age child from being absent without a valid excuse five or
258
more times during the remainder of the school year;
259
(d) shall be served on the school-age child's parent by personal service or certified
260
mail; and
261
(e) may not be issued unless the school-age child has been truant at least five times
262
during the school year.
263
(5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
264
recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
265
from enrollment under Section
53A-11-102
or
53A-11-102.5
.
266
(6) It is a class B misdemeanor for a parent of a school-age child to, after being served
267
with a notice of compulsory education violation in accordance with Subsections (3) and (4),
268
intentionally or recklessly:
269
(a) fail to meet with the school authorities designated in the notice of compulsory
270
education violation to discuss the school-age child's school attendance problems; or
271
(b) fail to prevent the school-age child from being absent without a valid excuse five or
272
more times during the remainder of the school year.
273
(7) A local school board, local charter board, or school district shall report violations of
274
this section to the appropriate county or district attorney.
275
(8) The juvenile court has jurisdiction over an action filed under this section.
276
Section 5.
Section
53A-11-101.7
is enacted to read:
277
53A-11-101.7. Truancy -- Notice of truancy -- Failure to cooperate with school
278
authorities -- Habitual truant citation.
279
(1) Except as provided in Section
53A-11-102
or
53A-11-102.5
, a school-age minor
280
who is enrolled in a public school shall attend the public school in which the school-age minor
281
is enrolled.
282
(2) A local school board, local charter board, or school district may impose
283
administrative penalties on a school-age minor who is truant.
284
(3) A local school board or local charter board:
285
(a) may authorize a school administrator, a designee of a school administrator, or a
286
truancy specialist to issue notices of truancy to school-age minors who are at least 12 years old;
287
and
288
(b) shall establish a procedure for a school-age minor, or the school-age minor's
289
parents, to contest a notice of truancy.
290
(4) The notice of truancy described in Subsection (3):
291
(a) may not be issued until the school-age minor has been truant at least five times
292
during the school year;
293
(b) may not be issued to a school-age minor who is less than 12 years old;
294
(c) shall direct the school-age minor and the parent of the school-age minor to:
295
(i) meet with school authorities to discuss the school-age minor's truancies; and
296
(ii) cooperate with the school board, local charter board, or school district in securing
297
regular attendance by the school-age minor; and
298
(d) shall be mailed to, or served on, the school-age minor's parent.
299
(5) A habitual truant citation may be issued to a habitual truant if:
300
(a) the local school board, local charter board, or school district has made reasonable
301
efforts, under Section
53A-11-103
, to resolve the school attendance problems of the habitual
302
truant; and
303
(b) the efforts to resolve the school attendance problems, described in Subsection
304
(5)(a), have not been successful.
305
(6) A habitual truant to whom a habitual truant citation is issued under Subsection (5):
306
(a) shall be referred to the juvenile court for violation of Subsection (1); and
307
(b) is subject to the jurisdiction of the juvenile court.
308
(7) A notice of truancy or a habitual truant citation may only be issued by:
309
(a) a school administrator, or a truancy specialist, who is authorized by a local school
310
board or local charter board; or
311
(b) a designee of a school administrator described in Subsection (7)(a).
312
(8) Nothing in this part prohibits a local school board, local charter board, or school
313
district from taking action to resolve a truancy problem with a school-age minor who has been
314
truant less than five times, provided that the action does not conflict with the requirements of
315
this part.
316
Section 6.
Section
53A-11-102
is amended to read:
317
53A-11-102. Minors exempt from school attendance.
318
(1) (a) A school-age minor may be excused from attendance by the local board of
319
education and a parent exempted from application of Subsections [
53A-11-101
(2) and (3)]
320
53A-11-101.5
(2), (5), and (6) for any of the following reasons:
321
(i) a minor over age 16 may receive a partial release from school to enter
321a
employment H. , or attend a trade school, .H
322
if the minor has completed the eighth grade; or
323
(ii) on an annual basis, a minor may receive a full release from attending a public,
324
regularly established private, or part-time school or class if:
325
(A) the minor has already completed the work required for graduation from high
326
school, or has demonstrated mastery of required skills and competencies in accordance with
327
Subsection
53A-15-102
(1);
328
(B) the minor is in a physical or mental condition, certified by a competent physician if
329
required by the district board, which renders attendance inexpedient and impracticable;
330
(C) proper influences and adequate opportunities for education are provided in
331
connection with the minor's employment; or
332
(D) the district superintendent has determined that a minor over the age of 16 is unable
333
to profit from attendance at school because of inability or a continuing negative attitude toward
334
school regulations and discipline.
335
(b) Minors receiving a partial release from school under Subsection (1)(a)(i) are
336
required to attend:
337
(i) school part-time as prescribed by the local school board; or
338
(ii) a home school part-time.
339
(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
340
must be sufficient to satisfy the local board.
341
(2) (a) On an annual basis, a school-age minor shall be excused from attendance by a
342
local board of education and a parent exempted from application of Subsections
343
[
53A-11-101
(2) and (3)]
53A-11-101.5
(2), (5), and (6), if the minor's parent files a signed
344
affidavit with the minor's school district of residence, as defined in Section
53A-2-201
, that the
345
minor will attend a home school and receive instruction as required by Subsection (2)(b).
346
(b) Each minor who attends a home school shall receive instruction:
347
(i) in the subjects the State Board of Education requires to be taught in public schools
348
in accordance with the law; and
349
(ii) for the same length of time as minors are required by law to receive instruction in
350
public schools, as provided by rules of the State Board of Education.
351
(c) Subject to the requirements of Subsection (2)(b), a parent of a minor who attends a
352
home school is solely responsible for:
353
(i) the selection of instructional materials and textbooks;
354
(ii) the time, place, and method of instruction, and
355
(iii) the evaluation of the home school instruction.
356
(d) A local school board may not:
357
(i) require a parent of a minor who attends a home school to maintain records of
358
instruction or attendance;
359
(ii) require credentials for individuals providing home school instruction;
360
(iii) inspect home school facilities; or
361
(iv) require standardized or other testing of home school students.
362
(3) Boards excusing minors from attendance as provided by Subsections (1) and (2)
363
shall issue a certificate stating that the minor is excused from attendance during the time
364
specified on the certificate.
365
(4) Nothing in this section may be construed to prohibit or discourage voluntary
366
cooperation, resource sharing, or testing opportunities between a school or school district and a
367
parent or guardian of a minor attending a home school.
368
Section 7.
Section
53A-11-102.5
is amended to read:
369
53A-11-102.5. Dual enrollment.
370
(1) A person having control of a minor under this part who is enrolled in a regularly
371
established private school or a home school may also enroll the minor in a public school for
372
dual enrollment purposes.
373
(2) The minor may participate in any academic activity in the public school available to
374
students in the minor's grade o