absent: means the failure of a school-age child assigned to a class or class period to attend a class or class period. See Utah Code 53G-6-201
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Parent: includes :
(a)
a custodial parent of the minor;
(b)
a legally appointed guardian of a minor; or
(c)
any other person purporting to exercise any authority over the minor which could be exercised by a person described in Subsection (4)(a) or (b). See Utah Code 53G-6-201
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
School year: means the period of time designated by a local school board or charter school governing board as the school year for the school where the school-age child:
(a)
is enrolled; or
(b)
should be enrolled, if the school-age child is not enrolled in school. See Utah Code 53G-6-201
School-age child: means a minor who:
(a)
is at least six years old but younger than 18 years old; and
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
Truant: means a condition in which a school-age child, without a valid excuse, and subject to Subsection (8)(b), is absent for at least:
(i)
half of the school day; or
(ii)
if the school-age child is enrolled in a learner verified program, as that term is defined by the state board, the relevant amount of time under the LEA's policy regarding the LEA's continuing enrollment measure as it relates to truancy. See Utah Code 53G-6-201
(a)
“Intentionally” means the same as that term is defined in Section 76-2-103.
(b)
“Notice of compulsory education violation” means a notice issued in accordance with Subsections (3) and (4).
(c)
“Remainder of the school year” means the portion of the school year beginning on the day after the day on which a notice of compulsory education violation is served and ending on the last day of the school year.
(2)
Except as provided in Section 53G-6-204 or 53G-6-702, the parent of a school-age child shall enroll and send the school-age child to a public or regularly established private school.
(3)
A school administrator, a designee of a school administrator, a law enforcement officer acting as a school resource officer, or a truancy specialist may only issue a notice of compulsory education violation to a parent of a school-age child if the school-age child is:
(a)
in grade 1 through 6; and
(b)
truant at least five times during the school year.
(4)
A notice of compulsory education violation issued to a parent:
(a)
shall direct the parent to:
(i)
meet with school authorities to discuss the school-age child’s school attendance problems; and
(ii)
cooperate with the local school board, charter school governing board, or school district in securing regular attendance by the school-age child;
(b)
shall designate the school authorities with whom the parent is required to meet;
(c)
shall state that it is a class B misdemeanor for the parent to intentionally or without good cause:
(i)
fail to meet with the designated school authorities to discuss the school-age child’s school attendance problems; or
(ii)
fail to prevent the school-age child from being truant five or more times during the remainder of the school year;
(d)
shall be served on the parent by personal service or certified mail; and
(e)
may not be issued unless the school-age child has been truant at least five times during the school year.
(5)
Except during the period between March 17, 2021 and June 1, 2022, it is a class B misdemeanor for a parent of a school-age child to intentionally or without good cause fail to enroll the school-age child in school, unless the school-age child is exempt from enrollment under Section 53G-6-204 or 53G-6-702.
(6)
Except during the period between March 17, 2021 and June 1, 2022, it is a class B misdemeanor for a parent of a school-age child who is in grade 1 through 6 to, after being served with a notice of compulsory education violation, intentionally or without good cause:
(a)
fail to meet with the school authorities designated in the notice of compulsory education violation to discuss the school-age child’s school attendance problems; or
(b)
fail to prevent the school-age child from being truant five or more times during the remainder of the school year.
(7)
Except during the period described in Subsections (5) and (6), a local school board, charter school governing board, or school district shall report violations of this section to the appropriate county or district attorney.
(8)
Except during the period described in Subsections (5) and (6), if school personnel have reason to believe that, after a notice of compulsory education violation is issued, the parent has failed to make a good faith effort to ensure that the school-age child receives an appropriate education, the issuer of the compulsory education violation shall report to the Division of Child and Family Services:
(a)
identifying information of the school-age child and the parent who received the notice of compulsory education violation;
(b)
information regarding the longest number of consecutive school days the school-age child has been absent or truant from school and the percentage of school days the school-age child has been absent or truant during each relevant school term;
(c)
whether the school-age child has made adequate educational progress;
(d)
whether the requirements of Section 53G-6-206 have been met;
(e)
whether the school-age child is two or more years behind the local public school’s age group expectations in one or more basic skills; and
(f)
whether the school-age child is receiving special education services or systematic remediation efforts.
(9)
Notwithstanding this section, during the period described in Subsections (5) and (6), a school administrator, designee of a school administrator, law enforcement officer acting as a school resource officer, or truancy specialist may not issue or otherwise enforce a notice of compulsory education.
Amended by Chapter 359, 2021 General Session Revisor instructions Chapter 359, 2021 General Session
