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H.B. 76

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 24, 2003 at 10:24 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 27, 2003 at 4:03 PM by rday. -->              1     




Sponsor: Duane E. Bourdeaux

             5      This act clarifies a provision regarding parental response in truancy situations.
             6      This act affects sections of Utah Code Annotated 1953 as follows:
             7      AMENDS:
             8          53A-11-101, as last amended by Chapter 99, Laws of Utah 1999
             9      Be it enacted by the Legislature of the state of Utah:
             10          Section 1. Section 53A-11-101 is amended to read:
             11           53A-11-101. Responsibility for minor required to attend school -- Penalty for
             12      violation.
             13          (1) For purposes of this part:
             14          (a) "Habitual truant" is a school-age minor who has received more than two truancy
             15      citations within one school year from the school in which the minor is or should be enrolled
             16      and eight absences without a legitimate or valid excuse or who, in defiance of efforts on the
             17      part of school authorities to resolve a student's attendance problem as required under Section
             18      53A-11-103 , refuses to regularly attend school or any scheduled period of the school day.
             19          (b) "Minor" means a person under the age of 18 years.
             20          (c) "Parent" includes:
             21          (i) a custodial parent of the minor;
             22          (ii) a legally appointed guardian of a minor; or
             23          (iii) any other person purporting to exercise any authority over the minor which could
             24      be exercised by persons listed under Subsections (1)(c)(i) and (ii) [above].
             25          (d) "School-age minor" means a minor who has reached the age of six years but has not
             26      reached the age of [eighteen] 18 years, but does not include a minor emancipated by marriage.
             27          (e) "Truancy citation" is an administrative notice to a truant minor requiring an

             28      appearance before the school truancy control officer or body from which the minor is truant.
             29          (f) S (i) s "Truant minor" is any school-age minor who is subject to the state's compulsory
             30      education law and who is absent from school without a legitimate or valid excuse.
             30b      PROVISIONS OF SUBSECTION 53A-11-102(1)(b)(ii). s
             31          (2) A parent shall enroll and send a school-age minor to a public or regularly
             32      established private school during the school year of the district in which the minor resides.
             33          (3) It is a class B misdemeanor for a parent to knowingly:
             34          (a) fail to enroll a school-age minor in school; or
             35          (b) refuse to S [ [ ] respond [ ] ] [ cooperate with ] TO s school authorities S [ in response to ] AFTER
             35a      HAVING RECEIVED s a written
             36      request which is delivered to the parent pursuant to the provisions of Subsection
             37      53A-11-103 (1)(b) by a local school board or school district.
             38          (4) For the purposes of this section, S [ "cooperate with school authorities" ] RESPOND TO
             38a      SCHOOL AUTHORITIES s means to take
             39      reasonable steps to work with school authorities to resolve a minor's truancy by either meeting
             40      with school officials to discuss the issue or by providing the school with information to enable
             41      the school to work with the student to resolve a truancy problem. It does not, however, require
             42      that the parent h AND SCHOOL h agree with the h [ school's ] h assessment.
             43          [(4)] (5) The provisions of this section do not apply to a parent of a school-age minor
             44      who has been declared by the local school board to be exempt from school attendance in
             45      conformity with Section 53A-11-102 .
             46          [(5)] (6) A local board of education or school district shall report violations of
             47      Subsection (3) to the appropriate city, county, or district attorney.

Legislative Review Note
    as of 10-18-02 10:22 AM

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

Office of Legislative Research and General Counsel

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