7 LONG TITLE
8 General Description:
9 This bill amends provisions related to truancy.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes which absences from school are considered in determining if a minor is
15 ▸ replaces ages to which certain provisions related to truancy apply with grade levels
16 to which the provisions apply;
17 ▸ limits the conditions under which a school district or charter school may impose
18 administrative penalties on a school-age minor who is truant; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 53G-6-201, as last amended by Laws of Utah 2018, Chapter 69 and renumbered and
27 amended by Laws of Utah 2018, Chapter 3
28 53G-6-202, as last amended by Laws of Utah 2018, Chapter 285 and renumbered and
29 amended by Laws of Utah 2018, Chapter 3
30 53G-6-203, as renumbered and amended by Laws of Utah 2018, Chapter 3
31 53G-6-205, as renumbered and amended by Laws of Utah 2018, Chapter 3
32 53G-6-206, as renumbered and amended by Laws of Utah 2018, Chapter 3
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53G-6-201 is amended to read:
36 53G-6-201. Definitions.
43 (a) is [
44 (b) is subject to the requirements of Section 53G-6-202; and
45 (c) (i) is truant at least 10 times during one school year; or
46 (ii) fails to cooperate with efforts on the part of school authorities to resolve the
47 school-age minor's attendance problem as required under Section 53G-6-206.
50 (a) a custodial parent of the minor;
51 (b) a legally appointed guardian of a minor; or
52 (c) any other person purporting to exercise any authority over the minor which could be
53 exercised by a person described in Subsection [
54 (4) "School day" means the portion of a day that school is in session that a school-age
55 minor is required to be in school for purposes of receiving instruction.
60 local charter board as the school year for the school where the school-age minor:
61 (a) is enrolled; or
62 (b) should be enrolled, if the school-age minor is not enrolled in school.
63 (6) "School-age minor" means a minor who:
64 (a) is at least six years old, but younger than 18 years old; and
65 (b) is not emancipated.
66 (7) (a) "Truant" means [
67 without a valid excuse, and subject to Subsection (7)(b), is:
68 (i) absent for at least half of the school day; or
69 (ii) is at least 30 minutes late for a class or the school day for a total of five separate
71 (b) A school-age minor may not be considered truant under this part more than one
72 time during one day.
73 (8) "Truant minor" means a school-age minor who:
74 (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
75 (b) is truant.
76 (9) (a) "Valid excuse" means:
85 (v) an absence permitted in accordance with Subsection 53G-6-803(5); or
87 local school board, [
88 (b) "Valid excuse" does not include a parent acknowledgment of an absence for a
89 reason other than a reason described in Subsection (9)(a)(i) through (v), unless specifically
90 permitted by the local school board, charter school governing board, or school district under
91 Subsection (9)(a)(vi).
92 Section 2. Section 53G-6-202 is amended to read:
93 53G-6-202. Compulsory education.
94 (1) For purposes of this section:
95 (a) "Intentionally" is as defined in Section 76-2-103.
96 (b) "Notice of compulsory education violation" means a notice issued in accordance
97 with Subsections (3) and (4).
100 on the day after the day on which [
103 (2) Except as provided in Section 53G-6-204 or 53G-6-702, the parent of a school-age
104 minor shall enroll and send the school-age minor to a public or regularly established private
106 (3) A school administrator, a designee of a school administrator, a law enforcement
107 officer acting as a school resource officer, or a truancy specialist may only issue a notice of
108 compulsory education violation to a parent of a school-age [
110 (a) in grade 1 through 6; and
111 (b) [
112 (4) [
113 issued to a parent:
114 (a) shall direct the parent [
115 (i) meet with school authorities to discuss the school-age [
116 attendance problems; and
117 (ii) cooperate with the school board, local charter board, or school district in securing
118 regular attendance by the school-age [
119 (b) shall designate the school authorities with whom the parent is required to meet;
120 (c) shall state that it is a class B misdemeanor for the parent [
121 intentionally or recklessly:
122 (i) fail to meet with the designated school authorities to discuss the school-age [
123 minor's school attendance problems; or
124 (ii) fail to prevent the school-age [
126 (d) shall be served on the [
127 mail; and
128 (e) may not be issued unless the school-age [
129 times during the school year.
130 (5) It is a class B misdemeanor for a parent of a school-age minor to intentionally or
131 recklessly fail to enroll the school-age minor in school, unless the school-age minor is exempt
132 from enrollment under Section 53G-6-204 or 53G-6-702.
133 (6) It is a class B misdemeanor for a parent of a school-age [
134 grade 1 through grade 6 to, after being served with a notice of compulsory education violation
136 (a) fail to meet with the school authorities designated in the notice of compulsory
137 education violation to discuss the school-age [
138 (b) fail to prevent the school-age [
140 (7) A local school board, local charter board, or school district shall report violations of
141 this section to the appropriate county or district attorney.
142 (8) If school personnel have reason to believe that, after a notice of compulsory
143 education violation is issued, the parent or guardian has failed to make a good faith effort to
144 ensure that the [
145 compulsory education violation shall report to the Division of Child and Family Services:
146 (a) identifying information of the [
147 guardian who received the notice of compulsory education violation;
148 (b) information regarding the longest number of consecutive school days the
149 school-age minor has been absent from school and the percentage of school days the child has
150 been absent during each relevant school term;
151 (c) whether the [
152 (d) whether the requirements of Section 53G-6-206 have been met;
153 (e) whether the [
154 school's age group expectations in one or more basic skills; and
155 (f) whether the [
156 systematic remediation efforts.
157 Section 3. Section 53G-6-203 is amended to read:
158 53G-6-203. Truancy -- Notice of truancy -- Failure to cooperate with school
160 (1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age minor who is
161 enrolled in a public school shall attend the public school in which the school-age minor is
163 (2) [
164 governing board, or school district may impose administrative penalties on a school-age minor
166 (a) is in grade 7 or above; and
167 (b) is truant.
168 (3) A local school board or charter school governing board:
169 (a) may authorize a school administrator, a designee of a school administrator, a law
170 enforcement officer acting as a school resource officer, or a truancy specialist to issue [
171 a notice of truancy [
172 Subsection (4); and
173 (b) shall establish a procedure for a school-age minor, or the school-age minor's
174 parents, to contest a notice of truancy.
175 (4) [
176 (a) may not be issued until [
177 during the school year;
178 (b) may not be issued to a school-age minor who is [
179 below grade 7;
180 (c) may not be issued to a school-age minor exempt from school attendance as
181 provided in Section 53G-6-204 or 53G-6-702;
182 (d) shall direct the school-age minor who receives the notice of truancy and the parent
183 of the school-age minor to:
184 (i) meet with school authorities to discuss the school-age minor's truancies; and
185 (ii) cooperate with the school board, local charter board, or school district in securing
186 regular attendance by the school-age minor; and
187 (e) shall be mailed to, or served on, the school-age minor's parent.
188 (5) Nothing in this part prohibits a local school board, charter school governing board,
189 or school district from taking action to resolve a truancy problem with a school-age minor who
190 has been truant [
191 requirements of this part.
192 Section 4. Section 53G-6-205 is amended to read:
193 53G-6-205. Preapproval of extended absence.
194 In determining whether to preapprove an extended absence of a school-age minor as a
195 valid excuse [
196 school district shall approve the absence if the local school board, local charter board, or school
197 district determines that the extended absence will not adversely impact the school-age minor's
199 Section 5. Section 53G-6-206 is amended to read:
200 53G-6-206. Duties of a school board, local charter board, or school district in
201 resolving attendance problems -- Parental involvement -- Liability not imposed.
202 (1) (a) [
203 charter board, or school district shall make efforts to resolve the school attendance problems of
204 each school-age minor who is, or should be, enrolled in the school district.
205 (b) A school-age minor exempt from school attendance under Section 53G-6-204 or
206 53G-6-702 is not considered to be a minor who is or should be enrolled in a school district or
207 charter school under Subsection (1)(a).
208 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
209 (a) counseling of the school-age minor by school authorities;
210 (b) (i) issuing a notice of truancy to [
215 special needs of the school-age minor;
220 resources available to assist the parent in resolving the school-age minor's attendance problems.
221 (3) In addition to the efforts described in Subsection (2), the local school board, local
222 charter board, or school district may enlist the assistance of community and law enforcement
223 agencies as appropriate and reasonably feasible in accordance with Section 53G-8-211.
224 (4) This section does not impose civil liability on boards of education, local school
225 boards, local charter boards, school districts, or their employees.
226 (5) Proceedings initiated under this part do not obligate or preclude action by the
227 Division of Child and Family Services under Section 78A-6-319.