53A-11-101.5. Compulsory education.
(1) For purposes of this section:
(a) "intentionally" is as defined in Section 76-2-103;
(b) "recklessly" is as defined in Section 76-2-103;
(c) "remainder of the school year" means the portion of the school year beginning on the
day after the day on which the notice of compulsory education violation described in Subsection
(3) is served and ending on the last day of the school year; and
(d) "school-age child" means a school-age minor under the age of 14.
(2) Except as provided in Section 53A-11-102 or 53A-11-102.5, the parent of a
school-age minor shall enroll and send the school-age minor to a public or regularly established
private school during the school year of the district in which the school-age minor resides.
(3) A school administrator, a designee of a school administrator, or a truancy specialist
may issue a notice of compulsory education violation to a parent of a school-age child if the
school-age child is absent without a valid excuse at least five times during the school year.
(4) The notice of compulsory education violation, described in Subsection (3):
(a) shall direct the parent of the school-age child to:
(i) meet with school authorities to discuss the school-age child's school attendance
problems; and
(ii) cooperate with the school board, local charter board, or school district in securing
regular attendance by the school-age child;
(b) shall designate the school authorities with whom the parent is required to meet;
(c) shall state that it is a class B misdemeanor for the parent of the school-age child to
intentionally or recklessly:
(i) fail to meet with the designated school authorities to discuss the school-age child's
school attendance problems; or
(ii) fail to prevent the school-age child from being absent without a valid excuse five or
more times during the remainder of the school year;
(d) shall be served on the school-age child's parent by personal service or certified mail;
and
(e) may not be issued unless the school-age child has been truant at least five times
during the school year.
(5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
from enrollment under Section 53A-11-102 or 53A-11-102.5.
(6) It is a class B misdemeanor for a parent of a school-age child to, after being served
with a notice of compulsory education violation in accordance with Subsections (3) and (4),
intentionally or recklessly:
(a) fail to meet with the school authorities designated in the notice of compulsory
education violation to discuss the school-age child's school attendance problems; or
(b) fail to prevent the school-age child from being absent without a valid excuse five or
more times during the remainder of the school year.
(7) A local school board, local charter board, or school district shall report violations of
this section to the appropriate county or district attorney.
(8) The juvenile court has jurisdiction over an action filed under this section.
Enacted by Chapter 81, 2007 General Session
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Last revised: Thursday, May 01, 2008