H.B. 212 Enrolled

EDUCATION COSTS FOR NONRESIDENT STUDENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Sheryl L. Allen
AN ACT RELATING TO PUBLIC EDUCATION; REMOVING THE PRESUMPTION THAT
FOR PURPOSES OF RECEIVING A PUBLIC EDUCATION A CHILD PLACED IN
THE STATE UNDER THE INTERSTATE COMPACT ON PLACEMENT OF
CHILDREN HAS A LEGAL GUARDIAN RESIDING WITHIN THE STATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-2-108.1, as enacted by Chapter 255, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-2-108.1 is amended to read:
62A-2-108.1. Coordination of human services and educational services -- Licensing
of programs -- Procedures.
(1) A human services program may not be licensed to serve children subject to
compulsory education under Section 53A-11-101 or entitled to educational services under Section
53A-15-301 unless the program presents evidence satisfactory to the licensing authority and to the
local school board of the school district in which the program will be operated that children served
by the program shall receive appropriate educational services satisfying the requirements of
applicable law.
(2) If the human services program is to be permitted to serve any children whose custodial
parents or legal guardians reside outside the state, then the program shall also provide satisfactory
evidence to the licensing authority and to the school district in which the program will be operated
that all costs for educational services to be provided to those students, including tuition and school
fees approved by the local school board, shall be borne by the program.
(3) If the local school board finds the educational service plan and the educational funding
plan to be adequate, then the board shall provide the licensing authority with a letter of approval.
(4) If the local school board finds the educational service plan and the educational funding

plan to be inadequate, then the board shall provide the licensing authority with a letter of
disapproval, together with the specific requirements the human services program must meet before
licensure is granted.
(5) Failure of a local school board to respond to a proposed plan within 45 days of receipt
is equivalent to approval of the plan by the board.
(6) If a human services program fails to comply with its approved educational service plan
or educational funding plan, then the licensing authority shall give the program notice of intent to
revoke the licensure and, if the program continues its noncompliance for more than 30 days after
receipt of notice, shall revoke the program's license.
(7) If a child whose custodial parent or legal guardian resides within the state is provided
with educational services by a school district other than the school district in which the custodial
parent or legal guardian resides, then the funding provisions of Section 53A-2-210 apply.
[(8) For purposes of this section, a child who is placed in the state under Title 62A, Chapter
4a, Part 7, Interstate Compact on Placement of Children, is considered to have a legal guardian
residing within the state.]

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