H.B. 151

1

COMPULSORY EDUCATION AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Joel K. Briscoe
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the definition of "school-age minor" for purposes of establishing
10 compulsory education requirements.
11 Highlighted Provisions:
12 This bill:
13 . modifies the definition of "school-age minor" by reducing the age of a school-age
14 minor from six years old to five years old, for purposes of establishing compulsory
15 education requirements; and
16 . provides an exception to compulsory education, allowing a parent to defer
17 kindergarten for one year.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-11-101, as last amended by Laws of Utah 2007, Chapter 81
25 53A-11-101.5, as last amended by Laws of Utah 2009, Chapter 161
26 ENACTS:
27 53A-11-102.4, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53A-11-101 is amended to read:
31 53A-11-101. Definitions.
32 For purposes of this part:
33 (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
34 school-age minor assigned to a class or class period to attend the entire class or class period.
35 (b) A school-age minor may not be considered absent under this part more than one
36 time during one day.
37 (2) "Habitual truant" means a school-age minor who:
38 (a) is at least 12 years old;
39 (b) is subject to the requirements of Section 53A-11-101.5 ; and
40 (c) (i) is truant at least 10 times during one school year; or
41 (ii) fails to cooperate with efforts on the part of school authorities to resolve the
42 minor's attendance problem as required under Section 53A-11-103 .
43 (3) "Minor" means a person under the age of 18 years.
44 (4) "Parent" includes:
45 (a) a custodial parent of the minor;
46 (b) a legally appointed guardian of a minor; or
47 (c) any other person purporting to exercise any authority over the minor which could be
48 exercised by a person described in Subsection (4)(a) or (b).
49 (5) "School-age minor" means a minor who:
50 (a) is at least [six] five years old, but younger than 18 years old; and
51 (b) is not emancipated.
52 (6) "School year" means the period of time designated by a local school board or local
53 charter board as the school year for the school where the school-age minor:
54 (a) is enrolled; or
55 (b) should be enrolled, if the school-age minor is not enrolled in school.
56 (7) "Truant" means absent without a valid excuse.
57 (8) "Truant minor" means a school-age minor who:
58 (a) is subject to the requirements of Section 53A-11-101.5 or 53A-11-101.7 ; and

59 (b) is truant.
60 (9) "Valid excuse" means:
61 (a) an illness;
62 (b) a family death;
63 (c) an approved school activity;
64 (d) an absence permitted by a school-age minor's:
65 (i) individualized education program, developed pursuant to the Individuals with
66 Disabilities Education Improvement Act of 2004, as amended; or
67 (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
68 of 1973, as amended; or
69 (e) any other excuse established as valid by a local school board, local charter board, or
70 school district.
71 Section 2. Section 53A-11-101.5 is amended to read:
72 53A-11-101.5. Compulsory education.
73 (1) For purposes of this section:
74 (a) "Intentionally" is as defined in Section 76-2-103 .
75 (b) "Recklessly" is as defined in Section 76-2-103 .
76 (c) "Remainder of the school year" means the portion of the school year beginning on
77 the day after the day on which the notice of compulsory education violation described in
78 Subsection (3) is served and ending on the last day of the school year.
79 (d) "School-age child" means a school-age minor under the age of 14.
80 (2) Except as provided in Section 53A-11-102 , 53A-11-102.4 , or 53A-11-102.5 , the
81 parent of a school-age minor shall enroll and send the school-age minor to a public or regularly
82 established private school.
83 (3) A school administrator, a designee of a school administrator, or a truancy specialist
84 may issue a notice of compulsory education violation to a parent of a school-age child if the
85 school-age child is absent without a valid excuse at least five times during the school year.
86 (4) The notice of compulsory education violation, described in Subsection (3):
87 (a) shall direct the parent of the school-age child to:
88 (i) meet with school authorities to discuss the school-age child's school attendance
89 problems; and

90 (ii) cooperate with the school board, local charter board, or school district in securing
91 regular attendance by the school-age child;
92 (b) shall designate the school authorities with whom the parent is required to meet;
93 (c) shall state that it is a class B misdemeanor for the parent of the school-age child to
94 intentionally or recklessly:
95 (i) fail to meet with the designated school authorities to discuss the school-age child's
96 school attendance problems; or
97 (ii) fail to prevent the school-age child from being absent without a valid excuse five or
98 more times during the remainder of the school year;
99 (d) shall be served on the school-age child's parent by personal service or certified
100 mail; and
101 (e) may not be issued unless the school-age child has been truant at least five times
102 during the school year.
103 (5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
104 recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
105 from enrollment under Section 53A-11-102 , 53A-11-102.4 , or 53A-11-102.5 .
106 (6) It is a class B misdemeanor for a parent of a school-age child to, after being served
107 with a notice of compulsory education violation in accordance with Subsections (3) and (4),
108 intentionally or recklessly:
109 (a) fail to meet with the school authorities designated in the notice of compulsory
110 education violation to discuss the school-age child's school attendance problems; or
111 (b) fail to prevent the school-age child from being absent without a valid excuse five or
112 more times during the remainder of the school year.
113 (7) A local school board, local charter board, or school district shall report violations of
114 this section to the appropriate county or district attorney.
115 (8) The juvenile court has jurisdiction over an action filed under this section.
116 Section 3. Section 53A-11-102.4 is enacted to read:
117 53A-11-102.4. Minors -- Kindergarten deferral.
118 If the parent of a school-age minor files a signed affidavit with the school-age minor's
119 school district of residence, as defined in Section 53A-2-201 , stating that the school-age minor
120 will attend kindergarten the following year:

121 (1) a local board of education shall excuse the school-age minor from school
122 attendance; and
123 (2) the parent of the school-age minor is exempt from Subsections 53A-11-101.5 (2),
124 (5), and (6).




Legislative Review Note
as of 2-14-11 12:44 PM

Office of Legislative Research and General Counsel