1     
SCHOOL ABSENTEEISM AND TRUANCY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Lincoln Fillmore

6     

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
14     truant;
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 child who is truant;
19          ▸     requires local education agencies to report certain data to the State Board of
20     Education; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53G-6-201, as last amended by Laws of Utah 2019, Chapter 293
29          53G-6-202, as last amended by Laws of Utah 2019, Chapter 293
30          53G-6-203, as last amended by Laws of Utah 2019, Chapter 293
31          53G-6-204, as last amended by Laws of Utah 2019, Chapter 293
32          53G-6-205, as last amended by Laws of Utah 2019, Chapter 293
33          53G-6-206, as last amended by Laws of Utah 2019, Chapter 293
34          53G-6-208, as last amended by Laws of Utah 2019, Chapter 293
35          53G-8-210, as last amended by Laws of Utah 2019, Chapter 293
36          53G-8-211, as last amended by Laws of Utah 2019, Chapter 293
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53G-6-201 is amended to read:
40          53G-6-201. Definitions.
41          [For purposes of] As used in this part:
42          (1) (a) "Absence" or "absent" means[, consistent with Subsection (1)(b),] the failure of
43     a school-age [minor] child assigned to a class or class period to attend [the entire] a class or
44     class period.
45          [(b) A school-age minor may not be considered absent under this part more than one
46     time during one day.]
47          (b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
48     for the sake of a truancy.
49          [(2) "Habitual truant" means a school-age minor who:]
50          [(a) is at least 12 years old;]
51          [(b) is subject to the requirements of Section 53G-6-202; and]
52          [(c) (i) is truant at least 10 times during one school year; or]
53          [(ii) fails to cooperate with efforts on the part of school authorities to resolve the
54     minor's attendance problem as required under Section 53G-6-206.]
55          [(3)] (2) "Minor" means a person under the age of 18 years.
56          [(4)] (3) "Parent" includes:
57          (a) a custodial parent of the minor;
58          (b) a legally appointed guardian of a minor; or
59          (c) any other person purporting to exercise any authority over the minor which could be
60     exercised by a person described in Subsection [(4)(a)] (3)(a) or (b).
61          (4) "School day" means the portion of a day that school is in session in which a
62     school-age child is required to be in school for purposes of receiving instruction.
63          [(5) "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          [(6)] (5) "School year" means the period of time designated by a local school board or
67     charter school governing board as the school year for the school where the school-age [minor]
68     child:
69          (a) is enrolled; or
70          (b) should be enrolled, if the school-age [minor] child is not enrolled in school.
71          (6) "School-age child" means a minor who:
72          (a) is at least six years old but younger than 18 years old; and
73          (b) is not emancipated.
74          (7) (a) "Truant" means [absent without a valid excuse.] a condition in which a
75     school-age child, without a valid excuse, and subject to Subsection (7)(b), is absent for at least:
76          (i) half of the school day; or
77          (ii) if the school-age child is enrolled in a learner verified program, as that term is
78     defined by the state board, the relevant amount of time under the LEA's policy regarding the
79     LEA's continuing enrollment measure as it relates to truancy.
80          (b) A school-age child may not be considered truant under this part more than one time
81     during one day.
82          (8) "Truant minor" means a school-age [minor] child who:
83          (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
84          (b) is truant.
85          (9) (a) "Valid excuse" means:
86          [(a)] (i) an illness, which may be either mental or physical;
87          [(b)] (ii) a family death;
88          [(c)] (iii) an approved school activity;
89          [(d)] (iv) an absence permitted by a school-age [minor's] child's:
90          [(i)] (A) individualized education program[, developed pursuant to the Individuals with
91     Disabilities Education Improvement Act of 2004, as amended]; or
92          [(ii)] (B) Section 504 accommodation plan[, developed pursuant to Section 504 of the
93     Rehabilitation Act of 1973, as amended; or];
94          (v) an absence permitted in accordance with Subsection 53G-6-803(5); or
95          [(e)] (vi) any other excuse established as valid by a local school board, charter school
96     governing board, or school district.
97          (b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
98     other than a reason described in Subsections (9)(a)(i) through (vi), unless specifically permitted
99     by the local school board, charter school governing board, or school district under Subsection
100     (9)(a)(vi).
101          Section 2. Section 53G-6-202 is amended to read:
102          53G-6-202. Compulsory education.
103          (1) For purposes of this section:
104          (a) "Intentionally" [is as] means the same as that term is defined in Section 76-2-103.
105          [(b) "Recklessly" is as defined in Section 76-2-103.]
106          (b) "Notice of compulsory education violation" means a notice issued in accordance
107     with Subsections (3) and (4).
108          (c) "Remainder of the school year" means the portion of the school year beginning on
109     the day after the day on which [the] a notice of compulsory education violation [described in
110     Subsection (3)] is served and ending on the last day of the school year.
111          [(d) "School-age child" means a school-age minor under the age of 14.]
112          (2) Except as provided in Section 53G-6-204 or 53G-6-702, the parent of a school-age
113     [minor] child shall enroll and send the school-age [minor] child to a public or regularly
114     established private school.
115          (3) A school administrator, a designee of a school administrator, a law enforcement
116     officer acting as a school resource officer, or a truancy specialist may only issue a notice of
117     compulsory education violation to a parent of a school-age child if the school-age child is:
118          (a) in grade 1 through 6; and
119          (b) [absent without a valid excuse] truant at least five times during the school year.
120          (4) [The] A notice of compulsory education violation[, described in Subsection (3)]
121     issued to a parent:
122          (a) shall direct the parent [of the school-age child] to:
123          (i) meet with school authorities to discuss the school-age child's school attendance
124     problems; and
125          (ii) cooperate with the local school board, charter school governing board, or school
126     district in securing regular attendance by the school-age child;
127          (b) shall designate the school authorities with whom the parent is required to meet;
128          (c) shall state that it is a class B misdemeanor for the parent [of the school-age child] to
129     intentionally or [recklessly] without good cause:
130          (i) fail to meet with the designated school authorities to discuss the school-age child's
131     school attendance problems; or
132          (ii) fail to prevent the school-age child from being [absent without a valid excuse]
133     truant five or more times during the remainder of the school year;
134          (d) shall be served on the [school-age child's] parent by personal service or certified
135     mail; and
136          (e) may not be issued unless the school-age child has been truant at least five times
137     during the school year.
138          (5) It is a class B misdemeanor for a parent of a school-age [minor] child to
139     intentionally or [recklessly] without good cause fail to enroll the school-age [minor] child in
140     school, unless the school-age [minor] child is exempt from enrollment under Section
141     53G-6-204 or 53G-6-702.
142          (6) It is a class B misdemeanor for a parent of a school-age child who is in grade 1
143     through 6 to, after being served with a notice of compulsory education violation [in accordance
144     with Subsections (3) and (4)], intentionally or [recklessly] without good cause:
145          (a) fail to meet with the school authorities designated in the notice of compulsory
146     education violation to discuss the school-age child's school attendance problems; or
147          (b) fail to prevent the school-age child from being [absent without a valid excuse]
148     truant five or more times during the remainder of the school year.
149          (7) A local school board, charter school governing board, or school district shall report
150     violations of this section to the appropriate county or district attorney.
151          (8) If school personnel have reason to believe that, after a notice of compulsory
152     education violation is issued, the parent has failed to make a good faith effort to ensure that the
153     school-age child receives an appropriate education, the issuer of the compulsory education
154     violation shall report to the Division of Child and Family Services:
155          (a) identifying information of the school-age child and the [child's] parent who
156     received the notice of compulsory education violation;
157          (b) information regarding the longest number of consecutive school days the
158     school-age [minor] child has been absent or truant from school and the percentage of school
159     days the school-age child has been absent or truant during each relevant school term;
160          (c) whether the school-age child has made adequate educational progress;
161          (d) whether the requirements of Section 53G-6-206 have been met;
162          (e) whether the school-age child is two or more years behind the local public school's
163     age group expectations in one or more basic skills; and
164          (f) whether the school-age child is receiving special education services or systematic
165     remediation efforts.
166          Section 3. Section 53G-6-203 is amended to read:
167          53G-6-203. Truancy -- Notice of truancy -- Failure to cooperate with school
168     authorities.
169          (1) Except as provided in Section 53G-6-204 or 53G-6-702, a school-age [minor] child
170     who is enrolled in a public school shall attend the public school in which the school-age
171     [minor] child is enrolled.
172          (2) [A] In accordance with Section 53G-8-211, a local school board, charter school
173     governing board, or school district may impose administrative penalties on a school-age [minor
174     in accordance with Section 53G-8-211] child who is:
175          (a) in grade 7 or above, unless the school-age child is less than 12 years old; and
176          (b) truant.
177          (3) A local school board or charter school governing board:
178          (a) may authorize a school administrator, a designee of a school administrator, a law
179     enforcement officer acting as a school resource officer, or a truancy specialist to issue [notices]
180     a notice of truancy [to school-age minors who are at least 12 years old] in accordance with
181     Subsection (4); and
182          (b) shall establish a procedure for a school-age [minor] child, or the school-age
183     [minor's] child's parents, to contest a notice of truancy.
184          (4) [The] A notice of truancy described in Subsection (3):
185          (a) may not be issued until [the] a school-age [minor] child has been truant at least five
186     times during the school year;
187          (b) may not be issued to a school-age [minor] child who is less than 12 years old or in a
188     grade below grade 7;
189          (c) may not be issued to a [minor] school-age child exempt from school attendance as
190     provided in Section 53G-6-204 or 53G-6-702;
191          (d) shall direct the school-age [minor] child who receives the notice of truancy and the
192     parent of the school-age [minor] child to:
193          (i) meet with school authorities to discuss the school-age [minor's] child's truancies;
194     and
195          (ii) cooperate with the local school board, charter school governing board, or school
196     district in securing regular attendance by the school-age [minor] child; and
197          (e) shall be mailed to, or served on, the school-age [minor's] child's parent.
198          (5) Nothing in this part prohibits a local school board, charter school governing board,
199     or school district from taking action to resolve a truancy problem with a school-age [minor]
200     child who has been truant [less] fewer than five times, provided that the action does not
201     conflict with the requirements of this part.
202          Section 4. Section 53G-6-204 is amended to read:
203          53G-6-204. School-age children exempt from school attendance.
204          (1) (a) A local school board or charter school governing board may excuse a school-age
205     [minor] child from attendance for any of the following reasons:
206          (i) a school-age [minor] child over age 16 may receive a partial release from school to
207     enter employment, or attend a trade school, if the school-age [minor] child has completed grade
208     8; or
209          (ii) on an annual basis, a school-age [minor] child may receive a full release from
210     attending a public, regularly established private, or part-time school or class if:
211          (A) the school-age [minor] child has already completed the work required for
212     graduation from high school, or has demonstrated mastery of required skills and competencies
213     in accordance with Subsection 53F-2-501(1);
214          (B) the school-age [minor] child is in a physical or mental condition, certified by a
215     competent physician if required by the local school board or charter school governing board,
216     which renders attendance inexpedient and impracticable;
217          (C) proper influences and adequate opportunities for education are provided in
218     connection with the school-age [minor's] child's employment; or
219          (D) the district superintendent or charter school governing board has determined that a
220     school-age [minor] child over the age of 16 is unable to profit from attendance at school
221     because of inability or a continuing negative attitude toward school regulations and discipline.
222          (b) A school-age [minor] child receiving a partial release from school under Subsection
223     (1)(a)(i) is required to attend:
224          (i) school part time as prescribed by the local school board or charter school governing
225     board; or
226          (ii) a home school part time.
227          (c) In each case, evidence of reasons for granting an exemption under Subsection (1)
228     must be sufficient to satisfy the local school board or charter school governing board.
229          (d) A local school board or charter school governing board that excuses a school-age
230     [minor] child from attendance as provided by this Subsection (1) shall issue a certificate that
231     the [minor] child is excused from attendance during the time specified on the certificate.
232          (2) (a) A local school board shall excuse a school-age [minor] child from attendance, if
233     the school-age [minor's] child's parent files a signed and notarized affidavit with the school-age
234     [minor's] child's school district of residence, as defined in Section 53G-6-302, that:
235          (i) the school-age [minor] child will attend a home school; and
236          (ii) the parent assumes sole responsibility for the education of the school-age [minor]
237     child, except to the extent the school-age [minor] child is dual enrolled in a public school as
238     provided in Section 53G-6-702.
239          (b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
240     remain in effect as long as:
241          (i) the school-age [minor] child attends a home school; and
242          (ii) the school district where the affidavit was filed remains the school-age [minor's]
243     child's district of residence.
244          (c) A parent of a school-age [minor] child who attends a home school is solely
245     responsible for:
246          (i) the selection of instructional materials and textbooks;
247          (ii) the time, place, and method of instruction; and
248          (iii) the evaluation of the home school instruction.
249          (d) A local school board may not:
250          (i) require a parent of a school-age [minor] child who attends a home school to
251     maintain records of instruction or attendance;
252          (ii) require credentials for individuals providing home school instruction;
253          (iii) inspect home school facilities; or
254          (iv) require standardized or other testing of home school students.
255          (e) Upon the request of a parent, a local school board shall identify the knowledge,
256     skills, and competencies a student is recommended to attain by grade level and subject area to
257     assist the parent in achieving college and career readiness through home schooling.
258          (f) A local school board that excuses a school-age [minor] child from attendance as
259     provided by this Subsection (2) shall annually issue a certificate stating that the school-age
260     [minor] child is excused from attendance for the specified school year.
261          (g) A local school board shall issue a certificate excusing a school-age [minor] child
262     from attendance:
263          (i) within 30 days after receipt of a signed and notarized affidavit filed by the
264     school-age [minor's] child's parent pursuant to this Subsection (2); and
265          (ii) on or before August 1 each year thereafter unless:
266          (A) the school-age [minor] child enrolls in a school within the school district;
267          (B) the school-age [minor's] child's parent notifies the school district that the
268     school-age [minor] child no longer attends a home school; or
269          (C) the school-age [minor's] child's parent notifies the school district that the
270     school-age [minor's] child's school district of residence has changed.
271          (3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
272     is exempt from the application of Subsections 53G-6-202(2), (5), and (6).
273          (4) Nothing in this section may be construed to prohibit or discourage voluntary
274     cooperation, resource sharing, or testing opportunities between a school or school district and a
275     parent of a [minor] child attending a home school.
276          Section 5. Section 53G-6-205 is amended to read:
277          53G-6-205. Preapproval of extended absence.
278          In determining whether to preapprove an extended absence of a school-age [minor]
279     child as a valid excuse [under Subsection 53G-6-201(9)(e)], a local school board, charter
280     school governing board, or school district shall approve the absence if the local school board,
281     charter school governing board, or school district determines that the extended absence will not
282     adversely impact the school-age [minor's] child's education.
283          Section 6. Section 53G-6-206 is amended to read:
284          53G-6-206. Duties of a local school board, charter school governing board, or
285     school district in resolving attendance problems -- Parental involvement -- Liability not
286     imposed -- Report to state board.
287          (1) (a) [Except as provided in] Subject to Subsection (1)(b), a local school board,
288     charter school governing board, or school district shall make efforts to resolve the school
289     attendance problems of each school-age [minor] child who is, or should be, enrolled in the
290     school district.
291          (b) A [minor] school-age child exempt from school attendance under Section
292     53G-6-204 or 53G-6-702 is not considered to be a [minor] school-age child who is or should
293     be enrolled in a school district or charter school under Subsection (1)(a).
294          (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
295          (a) counseling of the [minor] school-age child by school authorities;
296          (b) (i) issuing a notice of truancy to [a] the school-age [minor who is at least 12 years
297     old,] child in accordance with Section 53G-6-203; or
298          [(c)] (ii) issuing a notice of compulsory education violation to [a] the school-age child's
299     parent [of a school-age child,] in accordance with Section 53G-6-202;
300          [(d)] (c) making any necessary adjustment to the curriculum and schedule to meet
301     special needs of the [minor] school-age child;
302          [(e)] (d) considering alternatives proposed by [a] the school-age child's parent;
303          [(f)] (e) monitoring school attendance of the [minor] school-age child;
304          [(g)] (f) voluntary participation in truancy mediation, if available; and
305          [(h)] (g) providing [a] the school-age [minor's] child's parent, upon request, with a list
306     of resources available to assist the parent in resolving the school-age [minor's] child's
307     attendance problems.
308          (3) In addition to the efforts described in Subsection (2), the local school board, charter
309     school governing board, or school district may enlist the assistance of community and law
310     enforcement agencies as appropriate and reasonably feasible in accordance with Section
311     53G-8-211.
312          (4) This section does not impose civil liability on boards of education, local school
313     boards, charter school governing boards, school districts, or their employees.
314          (5) Proceedings initiated under this part do not obligate or preclude action by the
315     Division of Child and Family Services under Section 78A-6-319.
316          (6) Each LEA shall annually report the following data separately to the state board:
317          (a) absences with a valid excuse; and
318          (b) absences without a valid excuse.
319          Section 7. Section 53G-6-208 is amended to read:
320          53G-6-208. Taking custody of a person believed to be a truant minor --
321     Disposition -- Reports -- Immunity from liability.
322          (1) A peace officer or public school administrator may take a minor into temporary
323     custody if there is reason to believe the minor is a truant minor.
324          (2) An individual taking a [school-age] presumed truant minor into custody under
325     Subsection (1) shall, without unnecessary delay, release the minor to:
326          (a) the principal of the minor's school;
327          (b) a person who has been designated by the local school board or charter school
328     governing board to receive and return the minor to school; or
329          (c) a truancy center established under Subsection (5).
330          (3) If the minor refuses to return to school or go to the truancy center, the officer or
331     administrator shall, without unnecessary delay, notify the minor's parents and release the minor
332     to their custody.
333          (4) If the parents cannot be reached or are unable or unwilling to accept custody and
334     none of the options in Subsection (2) are available, the minor shall be referred to the Division
335     of Child and Family Services.
336          (5) (a) (i) A local school board or charter school governing board, singly or jointly with
337     another school board, may establish or designate truancy centers within existing school
338     buildings and staff the centers with existing teachers or staff to provide educational guidance
339     and counseling for truant minors.
340          (ii) Upon receipt of a truant minor, the center shall, without unnecessary delay, notify
341     and direct the minor's parents to come to the center, pick up the minor, and return the minor to
342     the school in which the minor is enrolled.
343          (b) (i) If the parents cannot be reached or are unable or unwilling to comply with the
344     request within a reasonable time, the center shall take such steps as are reasonably necessary to
345     insure the safety and well being of the minor, including, when appropriate, returning the minor
346     to school or referring the minor to the Division of Child and Family Services.
347          (ii) A minor taken into custody under this section may not be placed in a detention
348     center or other secure confinement facility.
349          (6) (a) Action taken under this section shall be reported to the appropriate school
350     district.
351          (b) The district shall promptly notify the minor's parents of the action taken.
352          (7) The Utah Governmental Immunity Act applies to all actions taken under this
353     section.
354          (8) Nothing in this section may be construed to grant authority to a public school
355     administrator to place a minor in the custody of the Division of Child and Family Services,
356     without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
357     Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
358          Section 8. Section 53G-8-210 is amended to read:
359          53G-8-210. Disruptive student behavior.
360          (1) As used in this section:
361          (a) "Disruptive student behavior" includes:
362          (i) the grounds for suspension or expulsion described in Section 53G-8-205; and
363          (ii) the conduct described in Subsection 53G-8-209(2)(b).
364          (b) "Parent" includes:
365          (i) a custodial parent of a school-age [minor] child;
366          (ii) a legally appointed guardian of a school-age [minor] child; or
367          (iii) any other person purporting to exercise any authority over the [minor] child which
368     could be exercised by a person described in Subsection (1)(b)(i) or (ii).
369          (c) "Qualifying minor" means a school-age [minor] child who:
370          (i) is at least nine years old; or
371          (ii) turns nine years old at any time during the school year.
372          (d) "School year" means the period of time designated by a local school board or
373     charter school governing board as the school year for the school where the school-age [minor]
374     child is enrolled.
375          (e) "School-age child" means the same as that term is defined in Section 53G-6-201.
376          (2) A local school board, school district, charter school governing board, or charter
377     school may impose administrative penalties in accordance with Section 53G-8-211 on a
378     school-age [minor] child who violates this part.
379          (3) (a) A local school board or charter school governing board shall:
380          (i) authorize a school administrator or a designee of a school administrator to issue
381     notices of disruptive student behavior to qualifying minors; and
382          (ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
383     contest a notice of disruptive student behavior.
384          (b) A school representative shall provide to a parent of a school-age [minor] child, a
385     list of resources available to assist the parent in resolving the school-age minor's disruptive
386     student behavior problem.
387          (c) A local school board or charter school governing board shall establish procedures
388     for a school counselor or other designated school representative to work with a qualifying
389     minor who engages in disruptive student behavior in order to attempt to resolve the minor's
390     disruptive student behavior problems.
391          (4) The notice of disruptive student behavior described in Subsection (3)(a):
392          (a) shall be issued to a qualifying minor who:
393          (i) engages in disruptive student behavior, that does not result in suspension or
394     expulsion, three times during the school year; or
395          (ii) engages in disruptive student behavior, that results in suspension or expulsion, once
396     during the school year;
397          (b) shall require that the qualifying minor and a parent of the qualifying minor:
398          (i) meet with school authorities to discuss the qualifying minor's disruptive student
399     behavior; and
400          (ii) cooperate with the local school board or charter school governing board in
401     correcting the [school-age] qualifying minor's disruptive student behavior; and
402          (c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
403          (5) A habitual disruptive student behavior notice:
404          (a) may only be issued to a qualifying minor who:
405          (i) engages in disruptive student behavior, that does not result in suspension or
406     expulsion, at least six times during the school year;
407          (ii) (A) engages in disruptive student behavior, that does not result in suspension or
408     expulsion, at least three times during the school year; and
409          (B) engages in disruptive student behavior, that results in suspension or expulsion, at
410     least once during the school year; or
411          (iii) engages in disruptive student behavior, that results in suspension or expulsion, at
412     least twice during the school year; and
413          (b) may only be issued by a school administrator, a designee of a school administrator,
414     or a truancy specialist, who is authorized by a local school board or charter school governing
415     board to issue a habitual disruptive student behavior notice.
416          (6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
417     issued under Subsection (5) may not be referred to the juvenile court.
418          (b) Within five days after the day on which a habitual disruptive student behavior
419     notice is issued, a representative of the school district or charter school shall provide
420     documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
421     by a school counselor or representative under Subsection (3)(c).
422          Section 9. Section 53G-8-211 is amended to read:
423          53G-8-211. Responses to school-based behavior.
424          (1) As used in this section:
425          (a) "Evidence-based" means a program or practice that has:
426          (i) had multiple randomized control studies or a meta-analysis demonstrating that the
427     program or practice is effective for a specific population;
428          (ii) been rated as effective by a standardized program evaluation tool; or
429          (iii) been approved by the state board.
430          (b) "Habitual truant" means a school-age child who:
431          (i) is in grade 7 or above, unless the school-age child is less than 12 years old;
432          (ii) is subject to the requirements of Section 53G-6-202; and
433          (iii) (A) is truant at least 10 times during one school year; or
434          (B) fails to cooperate with efforts on the part of school authorities to resolve the
435     school-age child's attendance problem as required under Section 53G-6-206.
436          [(b)] (c) "Mobile crisis outreach team" means the same as that term is defined in
437     Section 78A-6-105.
438          [(c)] (d) "Restorative justice program" means a school-based program or a program
439     used or adopted by a local education agency that is designed to enhance school safety, reduce
440     school suspensions, and limit referrals to court, and is designed to help minors take
441     responsibility for and repair the harm of behavior that occurs in school.
442          [(d)] (e) "School administrator" means a principal of a school.
443          [(e)] (f) "School is in session" means a day during which the school conducts
444     instruction for which student attendance is counted toward calculating average daily
445     membership.
446          [(f)] (g) "School resource officer" means a law enforcement officer, as defined in
447     Section 53-13-103, who contracts with, is employed by, or whose law enforcement agency
448     contracts with a local education agency to provide law enforcement services for the local
449     education agency.
450          (h) "School-age child" means the same as that term is defined in Section 53G-6-201.
451          [(g)] (i) (i) "School-sponsored activity" means an activity, fundraising event, club,
452     camp, clinic, or other event or activity that is authorized by a specific local education agency or
453     public school, according to LEA governing board policy, and satisfies at least one of the
454     following conditions:
455          (A) the activity is managed or supervised by a local education agency or public school,
456     or local education agency or public school employee;
457          (B) the activity uses the local education agency or public school's facilities, equipment,
458     or other school resources; or
459          (C) the activity is supported or subsidized, more than inconsequentially, by public
460     funds, including the public school's activity funds or Minimum School Program dollars.
461          (ii) "School-sponsored activity" includes preparation for and involvement in a public
462     performance, contest, athletic competition, demonstration, display, or club activity.
463          [(h)] (j) (i) "Status offense" means a violation of the law that would not be a violation
464     but for the age of the offender.
465          (ii) Notwithstanding Subsection (1)[(h)](j)(i), a status offense does not include a
466     violation that by statute is made a misdemeanor or felony.
467          (2) This section applies to a minor enrolled in school who is alleged to have committed
468     an offense at the school where the student is enrolled:
469          (a) on school property where the student is enrolled:
470          (i) when school is in session; or
471          (ii) during a school-sponsored activity; or
472          (b) that is truancy.
473          (3) (a) If the alleged offense is a class C misdemeanor, an infraction, a status offense
474     on school property, or truancy, the minor may not be referred to law enforcement or court but
475     may be referred to evidence-based alternative interventions, including:
476          (i) a mobile crisis outreach team, as defined in Section 78A-6-105;
477          (ii) a receiving center operated by the Division of Juvenile Justice Services in
478     accordance with Section 62A-7-104;
479          (iii) a youth court or comparable restorative justice program;
480          (iv) evidence-based interventions created and developed by the school or school
481     district; and
482          (v) other evidence-based interventions that may be jointly created and developed by a
483     local education agency, the state board, the juvenile court, local counties and municipalities,
484     the Department of Health, or the Department of Human Services.
485          (b) Notwithstanding Subsection (3)(a), a school resource officer may:
486          (i) investigate possible criminal offenses and conduct, including conducting probable
487     cause searches;
488          (ii) consult with school administration about the conduct of a minor enrolled in a
489     school;
490          (iii) transport a minor enrolled in a school to a location if the location is permitted by
491     law;
492          (iv) take temporary custody of a minor pursuant to Subsection 78A-6-112(1); or
493          (v) protect the safety of students and the school community, including the use of
494     reasonable and necessary physical force when appropriate based on the totality of the
495     circumstances.
496          (c) Notwithstanding other provisions of this section, a law enforcement officer who has
497     cause to believe a minor has committed an offense on school property when school is not in
498     session nor during a school-sponsored activity, the law enforcement officer may refer the minor
499     to court or may refer the minor to evidence-based alternative interventions at the discretion of
500     the law enforcement officer.
501          (4) (a) Notwithstanding Subsection (3)(a) and subject to the requirements of this
502     Subsection (4), a school district or school may refer a minor to court for a class C misdemeanor
503     committed on school property or for being a habitual truant[, as defined in Section 53G-6-201,]
504     if the minor refuses to participate in an evidence-based alternative intervention described in
505     Subsection (3)(a).
506          (b) (i) When a minor is referred to court under Subsection (4)(a), the school shall
507     appoint a school representative to continue to engage with the minor and the minor's family
508     through the court process.
509          (ii) A school representative appointed under this Subsection (4)(b) may not be a school
510     resource officer.
511          (c) A school district or school shall include the following in its referral to the court:
512          (i) attendance records for the minor;
513          (ii) a report of evidence-based alternative interventions used by the school before
514     referral, including outcomes;
515          (iii) the name and contact information of the school representative assigned to actively
516     participate in the court process with the minor and the minor's family; and
517          (iv) any other information the school district or school considers relevant.
518          (d) A minor referred to court under this Subsection (4), may not be ordered to or placed
519     in secure detention, including for a contempt charge or violation of a valid court order under
520     Section 78A-6-1101 when the underlying offense is a class C misdemeanor occurring on
521     school property or habitual truancy.
522          (e) If a minor is referred to court under this Subsection (4), the court may use, when
523     available, the resources of the Division of Juvenile Justice Services or the Division of
524     Substance Abuse and Mental Health to address the minor.
525          (5) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
526     minor may be referred directly to the juvenile court by the school administrator, the school
527     administrator's designee, or a school resource officer, or the minor may be referred to the
528     evidence-based alternative interventions in Subsection (3)(a).