H.B. 83

1

EDUCATION REPORTING REQUIREMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Rosalind J. McGee
5 This act modifies the State System of Public Education Code by requiring reporting of
6 the number of certificates of exemption from school attendance issued by school districts
7 for students who are taught at home.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53A-11-102, as last amended by Chapter 99, Laws of Utah 1999
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 53A-11-102 is amended to read:
13 53A-11-102. Minors exempt from school attendance.
14 (1) A school-age minor may be excused from attendance by the local board of
15 education and a parent exempted from application of Subsections 53A-11-101 (2) and (3) for
16 any of the [following] reasons[:] specified in Subsection (2) or (3).
17 [(a) a] (2) A minor over age 16 may receive a partial release from school to enter
18 employment if the minor has completed the eighth grade. Minors excused under this
19 Subsection (2) are required to attend part-time schooling or home schooling as prescribed by
20 the [board; or] State Board of Education.
21 [(b) on] (3) On an annual basis, a minor may receive a [full] release from attending a
22 public[,] or regularly established private[, or part-time] school or class if:
23 [(i)] (a) the minor has already completed the work required for graduation from high
24 school, or has demonstrated mastery of required skills and competencies in accordance with
25 Subsection 53A-15-102 (1);
26 [(ii)] (b) the minor is taught at home in the subjects prescribed by the State Board of
27 Education in accordance with the law for the same length of time as minors are required by law

28 to be taught in the district schools;
29 [(iii)] (c) the minor is in a physical or mental condition, certified by a competent
30 physician if required by the district board, which renders attendance inexpedient and
31 impracticable;
32 [(iv)] (d) proper influences and adequate opportunities for education are provided in
33 connection with the minor's employment; or
34 [(v)] (e) the district superintendent has determined that a minor over the age of 16 is
35 unable to profit from attendance at school because of inability or a continuing negative attitude
36 toward school regulations and discipline.
37 [(2)] (4) In each case, evidence of reasons for granting an exemption must be sufficient
38 to satisfy the local board.
39 [(3)] (5) (a) Boards excusing minors from attendance shall issue a certificate stating
40 that the minor is excused from attendance during the time specified on the certificate.
41 (b) Local school boards shall report to the state superintendent of public instruction, for
42 students taught at home, the number of:
43 (i) certificates of exemption from school attendance issued for each school year; and
44 (ii) students who are partially enrolled in public schools and the aggregate days of
45 membership of the partially enrolled students.
46 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
47 State Board of Education shall make rules that establish the procedures and requirements for
48 the reports required under this Subsection (5).
49 (d) The state superintendent of public instruction shall include the information reported
50 under Subsections (5)(b) and (c) in the annual report required by Section 53A-1-301 .




Legislative Review Note
as of 1-3-03 1:06 PM

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

Office of Legislative Research and General Counsel