7 LONG TITLE
8 General Description:
9 This bill amends provisions governing a student's school district of residence.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ enacts provisions governing the school district of residency for a child who is
14 receiving services from a health care facility or human services program; and
15 ▸ makes technical and conforming corrections.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 53A-2-201, as last amended by Laws of Utah 1995, Chapter 282
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53A-2-201 is amended to read:
26 53A-2-201. Child's school district of residence -- Determination -- Responsibility
27 for providing educational services.
28 (1) As used in this section:
29 (a) "Health care facility" means the same as that term is defined in Section 26-21-2.
30 (b) "Human services program" means the same as that term is defined in Section
33 legal guardian resides within Utah is:
34 (a) the school district in which the custodial parent or legal guardian resides; or
35 (b) the school district in which the child resides:
36 (i) while in the custody or under the supervision of a Utah state agency;
37 (ii) while under the supervision of a private or public agency which is in compliance
38 with Section 62A-4a-606 and is authorized to provide child placement services by the state;
39 (iii) while living with a responsible adult resident of the district, if a determination has
40 been made in accordance with rules [
41 Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
42 Act, that:
43 (A) the child's physical, mental, moral, or emotional health [
44 by considering the child to be a resident for school purposes;
45 (B) exigent circumstances exist [
46 appropriately addressed under Section 53A-2-207; and
47 (C) considering the child to be a resident of the district under this [
48 Subsection (2)(b)(iii) does not violate any other law or rule of the State Board of Education;
50 (iv) while the child is receiving services from a health care facility or human services
51 program, if a determination has been made in accordance with rules made by the State Board of
52 Education in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
53 (A) the child's physical, mental, moral, or emotional health will best be served by
54 considering the child to be a resident for school purposes;
55 (B) exigent circumstances exist that do not permit the case to be appropriately
56 addressed under Section 53A-2-207; and
57 (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
58 does not violate any other law or rule of the State Board of Education; or
60 a court of law or by a state administrative agency authorized to make that determination.
62 state is considered to be a resident of the district in which the child lives, unless that
63 designation violates any other law or rule of the State Board of Education, if:
64 (a) the child is married or an emancipated minor under Subsection [
66 (b) the child lives with a resident of the district who is a responsible adult and whom
67 the district agrees to designate as the child's legal guardian under Section 53A-2-202; or
68 (c) if permissible under policies adopted by [
69 to the satisfaction of the local school board that:
70 (i) the child lives with a responsible adult who is a resident of the district and is the
71 child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
72 (ii) the child's presence in the district is not for the primary purpose of attending the
73 public schools;
74 (iii) the child's physical, mental, moral, or emotional health [
75 by considering the child to be a resident for school purposes; and
76 (iv) the child is prepared to abide by the rules and policies of the school and school
77 district in which attendance is sought.
79 then the district may require the person with whom the child lives to be designated as the
80 child's custodian in a durable power of attorney, issued by the party who has legal custody of
81 the child, granting the custodian full authority to take any appropriate action, including
82 authorization for educational or medical services, in the interests of the child.
83 (b) Both the party granting and the party empowered by the power of attorney shall
84 agree to:
85 (i) assume responsibility for any fees or other charges relating to the child's education
86 in the district; and
87 (ii) if eligibility for fee waivers is claimed under Section 53A-12-103, provide the
88 school district with all financial information requested by the district for purposes of
89 determining eligibility for fee waivers.
90 (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
91 this section and accepted by the school district shall remain in force until the earliest of the
92 following occurs:
93 (i) the child reaches the age of 18, marries, or becomes emancipated;
94 (ii) the expiration date stated in the document; or
95 (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
96 or by order of a court of competent jurisdiction.
99 children of school age who are residents of the district.
Legislative Review Note
Office of Legislative Research and General Counsel