H.B. 212

1

EDUCATION COSTS FOR NONRESIDENT STUDENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Sheryl L. Allen
5 AN ACT RELATING TO PUBLIC EDUCATION; REMOVING THE PRESUMPTION THAT
6 FOR PURPOSES OF RECEIVING A PUBLIC EDUCATION A CHILD PLACED IN THE
7 STATE UNDER THE INTERSTATE COMPACT ON PLACEMENT OF CHILDREN HAS
8 A LEGAL GUARDIAN RESIDING WITHIN THE STATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 62A-2-108.1, as enacted by Chapter 255, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 62A-2-108.1 is amended to read:
14 62A-2-108.1. Coordination of human services and educational services -- Licensing
15 of programs -- Procedures.
16 (1) A human services program may not be licensed to serve children subject to compulsory
17 education under Section 53A-11-101 or entitled to educational services under Section 53A-15-301
18 unless the program presents evidence satisfactory to the licensing authority and to the local school
19 board of the school district in which the program will be operated that children served by the
20 program shall receive appropriate educational services satisfying the requirements of applicable
21 law.
22 (2) If the human services program is to be permitted to serve any children whose custodial
23 parents or legal guardians reside outside the state, then the program shall also provide satisfactory
24 evidence to the licensing authority and to the school district in which the program will be operated
25 that all costs for educational services to be provided to those students, including tuition and school
26 fees approved by the local school board, shall be borne by the program.
27 (3) If the local school board finds the educational service plan and the educational funding

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




Legislative Review Note
as of 12-18-96 2:12 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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