26B-2-131.  Child-placing agency responsibility for educational services — Payment of costs.

(1)  A child-placing agency shall ensure that the requirements of Subsections 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational services for all children served in the state by the child-placing agency.

Terms Used In Utah Code 26B-2-131

  • Child: means an individual under 18 years old. See Utah Code 26B-2-101
  • Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) 

(a)  If the educational services described in Subsection (1) are provided through a public school and the custodial parent or legal guardian resides outside the state, the child-placing agency shall pay all educational costs required under Sections 53G-6-306 and 53G-7-503.

(b)  If the educational services described in Subsection (1) are provided through a public school and the custodial parent or legal guardian resides within the state, then the child-placing agency shall pay all educational costs required under Section 53G-7-503.

(3)  A child in the custody or under the care of a Utah state agency is exempt from the payment of fees required under Subsection (2).

(4)  A public school shall admit any child living within the public school’s boundaries who is under the supervision of a child-placing agency upon payment by the child-placing agency of the tuition and fees required under Subsection (2).

Renumbered and Amended by Chapter 305, 2023 General Session