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7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to school absenteeism and student behavior.
10 Highlighted Provisions:
11 This bill:
12 ▸ directs local education agencies to include certain evidence-based strategies for
13 children as part of their efforts to reduce student absenteeism;
14 ▸ requires local education agencies to provide professional learning opportunities for
15 educators to have the tools to address student behavior;
16 ▸ enacts new duties for the State Board of Education with respect to addressing
17 chronic absenteeism prevention and intervention; and
18 ▸ amends the responsibilities of the Division of Juvenile Justice and Youth Services
19 to require the use of evidence-informed and research-informed interventions.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 53G-6-206, as last amended by Laws of Utah 2021, Chapter 262
27 53G-9-802, as last amended by Laws of Utah 2022, Chapter 337
28 80-5-401, as renumbered and amended by Laws of Utah 2021, Chapter 261
29 ENACTS:
30 53G-9-804, Utah Code Annotated 1953
31 53G-11-306, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53G-6-206 is amended to read:
35 53G-6-206. Duties of a local school board, charter school governing board, or
36 school district in promoting regular attendance -- Parental involvement -- Evidence-based
37 supports -- Liability not imposed -- Report to state board.
38 (1) (a) Subject to Subsection (1)(b), a local school board, charter school governing
39 board, or school district shall make efforts to [
40 promote regular attendance and resolve school absenteeism and truancy issues for each
41 school-age child who is, or should be, enrolled in the school district or charter school.
42 (b) A school-age child exempt from school attendance under Section 53G-6-204 or
43 53G-6-702 is not considered to be a school-age child who is or should be enrolled in a school
44 district or charter school under Subsection (1)(a).
45 (2) The efforts described in Subsection (1) shall include, as reasonably feasible:
46 (a) counseling of the school-age child by school authorities;
47 (b) (i) issuing a notice of truancy to the school-age child in accordance with Section
48 53G-6-203; or
49 (ii) issuing a notice of compulsory education violation to the school-age child's parent
50 in accordance with Section 53G-6-202;
51 (c) making any necessary adjustment to the curriculum and schedule to meet special
52 needs of the school-age child;
53 (d) considering alternatives proposed by the school-age child's parent;
54 (e) monitoring school attendance of the school-age child;
55 (f) voluntary participation in truancy mediation, if available; [
56 (g) providing the school-age child's parent, upon request, with a list of resources
57 available to assist the parent in resolving the school-age child's attendance problems[
58 (h) providing an evidence-based system of supports that:
59 (i) is structured in tiers, with each tier addressing teaming, accurate data collection and
60 analysis, and systematic action; and
61 (ii) includes dropout or chronic absenteeism interventions that seek to determine
62 underlying causes of a child's attendance issues and provides specific supports and contact for
63 the child.
64 (3) In addition to the efforts described in Subsection (2), the local school board, charter
65 school governing board, or school district may enlist the assistance of community and law
66 enforcement agencies and organizations for early intervention services as appropriate and
67 reasonably feasible in accordance with Section 53G-8-211.
68 (4) This section does not impose civil liability on boards of education, local school
69 boards, charter school governing boards, school districts, or their employees.
70 (5) Proceedings initiated under this part do not obligate or preclude action by the
71 Division of Child and Family Services under Section 53G-6-210.
72 (6) Each LEA shall annually report the following data separately to the state board:
73 (a) absences with a valid excuse; and
74 (b) absences without a valid excuse.
75 Section 2. Section 53G-9-802 is amended to read:
76 53G-9-802. Dropout prevention and recovery -- Flexible enrollment options --
77 Contracting -- Reporting.
78 (1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
79 recovery services to a designated student, including:
80 (i) engaging with or attempting to recover a designated student;
81 (ii) developing a learning plan, in consultation with a designated student, to identify:
82 (A) barriers to regular school attendance and achievement;
83 (B) an attainment goal; and
84 (C) a means for achieving the attainment goal through enrollment in one or more of the
85 programs described in Subsection (2);
86 (iii) monitoring a designated student's progress toward reaching the designated
87 student's attainment goal; and
88 (iv) providing tiered interventions for a designated student who is not making progress
89 toward reaching the student's attainment goal.
90 (b) An LEA shall provide the dropout prevention and recovery services described in
91 Subsection (1)(a):
92 (i) throughout the calendar year; and
93 (ii) except as provided in Subsection (1)(c)(i), for each designated student who
94 becomes a designated student while enrolled in the LEA.
95 (c) (i) A designated student's school district of residence shall provide dropout recovery
96 services if the designated student:
97 (A) was enrolled in a charter school that does not include grade 12; and
98 (B) becomes a designated student in the summer after the student completes academic
99 instruction at the charter school through the maximum grade level the charter school is eligible
100 to serve under the charter school's charter agreement as described in Section 53G-5-303.
101 (ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
102 grade 12 shall notify each of the charter school's student's district of residence, as determined
103 under Section 53G-6-302, when the student completes academic instruction at the charter
104 school as described in Subsection (1)(c)(i)(B).
105 (iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
106 contact information, and student identification number.
107 (2) (a) An LEA shall provide flexible enrollment options for a designated student that:
108 (i) are tailored to the designated student's learning plan developed under Subsection
109 (1)(a)(ii); and
110 (ii) include two or more of the following:
111 (A) enrollment in the LEA in a traditional program;
112 (B) enrollment in the LEA in a nontraditional program;
113 (C) enrollment in a program offered by a private provider that has entered into a
114 contract with the LEA to provide educational services; or
115 (D) enrollment in a program offered by another LEA.
116 (b) A designated student may enroll in:
117 (i) a program offered by the LEA under Subsection (2)(a), in accordance with this
118 public education code, rules established by the state board, and policies established by the
119 LEA; or
120 (ii) the Statewide Online Education Program, in accordance with Title 53F, Chapter 4,
121 Part 5, Statewide Online Education Program.
122 (c) An LEA shall make the LEA's best effort to accommodate a designated student's
123 choice of enrollment under Subsection (2)(b).
124 (3) Beginning with the 2017-18 school year and except as provided in Subsection (5),
125 an LEA shall provide the dropout prevention and recovery services described in Subsection
126 (1)(a), for any school year in which the LEA meets the following criteria:
127 (a) the LEA's graduation rate is lower than the statewide graduation rate; and
128 (b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
129 previous three school years; or
130 (ii) during the previous calendar year, at least 10% of the LEA's designated students
131 have not:
132 (A) reached the students' attainment goals; or
133 (B) made a year's worth of progress toward the students' attainment goals.
134 (4) To provide the dropout and recovery services described in Subsection (1)(a), an
135 LEA [
136 (a) contract with a third party; [
137 (b) use another evidence-based program; or
138 [
139 plan.
140 (5) An LEA is not subject to the requirement described in Subsection (3) if:
141 (a) the LEA is in the LEA's first three years of operation;
142 (b) the LEA's average graduation rate for the previous three years is higher than the
143 average statewide graduation rate for the previous three years;
144 (c) the LEA is a special school as that term is used in 34 C.F.R. 300.115; or
145 (d) the quotient of the total number of an LEA's graduating students plus 10, divided by
146 the total number of students in an LEA's graduating class, is equal to or greater than the
147 statewide graduation rate.
148 (6) If an LEA described in Subsection (3) contracts with a third party, the LEA shall
149 ensure that:
150 (a) a third party with whom the LEA enters into a contract under Subsection (4) has a
151 demonstrated record of effectiveness engaging with and recovering designated students; and
152 (b) a contract with a third party requires the third party to:
153 (i) provide the services described in Subsection (1)(a); and
154 (ii) regularly report progress to the LEA.
155 (7) An LEA shall annually submit a report to the state board on dropout prevention and
156 recovery services provided under this section, including:
157 (a) the methods the LEA or third party uses to engage with or attempt to recover
158 designated students under Subsection (1)(a)(i);
159 (b) the number of designated students who enroll in a program described in Subsection
160 (2) as a result of the efforts described in Subsection (7)(a);
161 (c) the number of designated students who reach the designated students' attainment
162 goals identified under Subsection (1)(a)(ii)(B); and
163 (d) funding allocated to provide dropout prevention and recovery services.
164 (8) The state board shall:
165 (a) ensure that an LEA described in Subsection (3) contracts with a third party or
166 creates a dropout prevention and recovery services plan to provide dropout prevention and
167 recovery services in accordance with Subsections (3), (4), and (6); and
168 (b) report on the provisions of this section in accordance with Section 53E-1-203,
169 including a summary of the reports submitted under Subsection (7).
170 Section 3. Section 53G-9-804 is enacted to read:
171 53G-9-804. Duties of the State Board of Education.
172 (1) The state board shall:
173 (a) adopt rules that require a local school board or charter school governing board to
174 enact chronic absenteeism prevention and intervention policies that shall:
175 (i) include provisions that reflect the individual school district's or charter school's
176 unique needs or circumstances; and
177 (ii) adopt evidence or research informed absenteeism and dropout prevention
178 interventions;
179 (b) support, train, and inform LEAs regarding evidence-informed or research-based
180 models to reduce dropout and chronic absenteeism;
181 (c) provide guidance to LEAs on interventions and supports available from the
182 Division of Juvenile Justice and Youth Services; and
183 (d) provide other technical assistance to LEAs around analysis of attendance data.
184 (2) The rules described in Subsection (1) may require a local school board or charter
185 school governing board to publicize the policies enacted by the local school board or charter
186 school governing board in accordance with the rules described in Subsection (1) through school
187 websites, handbooks, letters to parents, or other reasonable means of communication.
188 (3) The state board may consult with appropriate stakeholders, including:
189 (a) parents;
190 (b) youth;
191 (c) LEAs;
192 (d) human services agencies; or
193 (e) others as the state board develops, enacts, and administers the rules described in
194 Subsection (1).
195 Section 4. Section 53G-11-306 is enacted to read:
196 53G-11-306. Training to address student behavior.
197 An LEA shall provide ongoing professional learning, coaching, and mentoring
198 opportunities for educators on student behavior, including classroom management, and ensure
199 that educators have the tools necessary to:
200 (1) differentiate student needs regarding behavior in the classroom; and
201 (2) facilitate student learning in alignment with the Least Restrictive Behavioral
202 Interventions framework.
203 Section 5. Section 80-5-401 is amended to read:
204 80-5-401. Youth services for prevention and early intervention -- Program
205 standards -- Program services.
206 (1) The division shall establish and operate prevention and early intervention youth
207 services programs which shall include evidence-informed and research-informed interventions
208 to:
209 (a) help youth and families avoid entry into the juvenile justice system; and
210 (b) improve attendance and academic achievement.
211 (2) The division shall adopt statewide policies and procedures, including minimum
212 standards for the organization and operation of youth services programs.
213 (3) The division shall establish housing, programs, and procedures to ensure that
214 minors who are receiving services under this section and who are not committed to the division
215 are served separately from minors who are committed to the division.
216 (4) The division may enter into contracts with state and local governmental entities and
217 private providers to provide the youth services.
218 (5) The division shall establish and administer juvenile receiving centers and other
219 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
220 for nonadjudicated and adjudicated minors placed with the division.
221 (6) The division shall prioritize use of evidence-based juvenile justice programs and
222 practices.