Chief Sponsor: Jefferson Moss

Senate Sponsor: Howard A. Stephenson


8     General Description:
9          This bill amends the definition of "valid excuse" in the compulsory education code.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends a definition to specify that "valid excuse" means a physical or mental
13     illness.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53G-6-201, as renumbered and amended by Laws of Utah 2018, Chapter 3

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 53G-6-201 is amended to read:
24          53G-6-201. Definitions.
25          For purposes of this part:
26          (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
27     school-age minor assigned to a class or class period to attend the entire class or class period.

28          (b) A school-age minor may not be considered absent under this part more than one
29     time during one day.
30          (2) "Habitual truant" means a school-age minor who:
31          (a) is at least 12 years old;
32          (b) is subject to the requirements of Section 53G-6-202; and
33          (c) (i) is truant at least 10 times during one school year; or
34          (ii) fails to cooperate with efforts on the part of school authorities to resolve the
35     minor's attendance problem as required under Section 53G-6-206.
36          (3) "Minor" means a person under the age of 18 years.
37          (4) "Parent" includes:
38          (a) a custodial parent of the minor;
39          (b) a legally appointed guardian of a minor; or
40          (c) any other person purporting to exercise any authority over the minor which could be
41     exercised by a person described in Subsection (4)(a) or (b).
42          (5) "School-age minor" means a minor who:
43          (a) is at least six years old, but younger than 18 years old; and
44          (b) is not emancipated.
45          (6) "School year" means the period of time designated by a local school board or local
46     charter board as the school year for the school where the school-age minor:
47          (a) is enrolled; or
48          (b) should be enrolled, if the school-age minor is not enrolled in school.
49          (7) "Truant" means absent without a valid excuse.
50          (8) "Truant minor" means a school-age minor who:
51          (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
52          (b) is truant.
53          (9) "Valid excuse" means:
54          (a) [an] a physical or mental illness;
55          (b) a family death;
56          (c) an approved school activity;
57          (d) an absence permitted by a school-age minor's:
58          (i) individualized education program, developed pursuant to the Individuals with

59     Disabilities Education Improvement Act of 2004, as amended; or
60          (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
61     of 1973, as amended; or
62          (e) any other excuse established as valid by a local school board, local charter board, or
63     school district.

Legislative Review Note
Office of Legislative Research and General Counsel