Representative Lawanna Shurtliff proposes the following substitute bill:




Chief Sponsor: Lawanna Shurtliff

Senate Sponsor: ____________


8     General Description:
9          This bill amends the age at which school enrollment is required to include
10     kindergarten-age children.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms to amend the age at which school enrollment is required to include
14     kindergarten-age children; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a coordination clause.
20     Utah Code Sections Affected:
21     AMENDS:
22          53G-6-201, as last amended by Laws of Utah 2019, Chapter 293
23     Utah Code Sections Affected by Coordination Clause:
24          53G-6-201, as last amended by Laws of Utah 2019, Chapter 293
25          53G-6-202, as last amended by Laws of Utah 2019, Chapter 293


27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53G-6-201 is amended to read:
29          53G-6-201. Definitions.
30          For purposes of this part:
31          (1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
32     school-age minor assigned to a class or class period to attend the entire class or class period.
33          (b) A school-age minor may not be considered absent under this part more than one
34     time during one day.
35          (2) "Habitual truant" means a school-age minor who:
36          (a) is at least 12 years old;
37          (b) is subject to the requirements of Section 53G-6-202; and
38          (c) (i) is truant at least 10 times during one school year; or
39          (ii) fails to cooperate with efforts on the part of school authorities to resolve the
40     minor's attendance problem as required under Section 53G-6-206.
41          (3) "Minor" means a person under the age of 18 years.
42          (4) "Parent" includes:
43          (a) a custodial parent of the minor;
44          (b) a legally appointed guardian of a minor; or
45          (c) any other person purporting to exercise any authority over the minor which could be
46     exercised by a person described in Subsection (4)(a) or (b).
47          [(5) "School-age minor" means a minor who:]
48          [(a) is at least six years old, but younger than 18 years old; and]
49          [(b) is not emancipated.]
50          [(6)] (5) "School year" means the period of time designated by a local school board or
51     charter school governing board as the school year for the school where the school-age minor:
52          (a) is enrolled; or
53          (b) should be enrolled, if the school-age minor is not enrolled in school.
54          (6) "School-age minor" means a minor who:
55          (a) is at least five years old before September 2 of the relevant school year or otherwise
56     eligible to enroll in kindergarten, but younger than 18 years old; and

57          (b) is not emancipated.
58          (7) "Truant" means absent without a valid excuse.
59          (8) "Truant minor" means a school-age minor who:
60          (a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and
61          (b) is truant.
62          (9) "Valid excuse" means:
63          (a) an illness, which may be either mental or physical;
64          (b) a family death;
65          (c) an approved school activity;
66          (d) an absence permitted by a school-age minor's:
67          (i) individualized education program, developed pursuant to the Individuals with
68     Disabilities Education Improvement Act of 2004, as amended; or
69          (ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
70     of 1973, as amended; or
71          (e) any other excuse established as valid by a local school board, charter school
72     governing board, or school district.
73          Section 2. Coordinating H.B. 241 with H.B. 14 -- Substantive and technical
74     amendments.
75          If this H.B. 241 and H.B. 14, School Absenteeism and Truancy Amendments, both pass
76     and become law, it is the intent of the Legislature that the office of Legislative Research and
77     General Counsel shall prepare the Utah Code database for publication as follows:
78          (1) except as provided in Subsection (2), the amendments to Section 53G-6-201 in
79     H.B. 14 supersede the amendments to Section 53G-6-201 in this bill;
80          (2) Subsection 53G-6-201(6) regarding the definition of "school-age child" is amended
81     to read:
82          "(6) "School-age child" means a minor who:
83          (a) is at least five years old before September 2 of the relevant school year or otherwise
84     eligible to enroll in kindergarten, but younger than 18 years old; and
85          (b) is not emancipated.";
86          (3) Subsection 53G-6-202(3) shall be amended to read:
87          "(3) A school administrator, a designee of a school administrator, a law enforcement

88     officer acting as a school resource officer, or a truancy specialist may only issue a notice of
89     compulsory education violation to a parent of a school-age child if the school-age child is:
90          (a) in kindergarten through grade 6; and
91          (b) [absent without a valid excuse] truant at least five times during the school year.";
92     and
93          (4) Subsection 53G-6-202(6) shall be amended to read:
94          "(6) It is a class B misdemeanor for a parent of a school-age child who is in
95     kindergarten through grade 6 to, after being served with a notice of compulsory education
96     violation [in accordance with Subsections (3) and (4)], intentionally or [recklessly] without
97     good cause:
98          (a) fail to meet with the school authorities designated in the notice of compulsory
99     education violation to discuss the school-age child's school attendance problems; or
100          (b) fail to prevent the school-age child from being [absent without a valid excuse]
101     truant five or more times during the remainder of the school year.".