53G-6-203. Truancy — Notice of truancy — Failure to cooperate with school authorities.
(1)
Except as provided in Section 53G-6-204 or 53G-6-702, a school-age child who is enrolled in a public school shall attend the public school in which the school-age child is enrolled.
Terms Used In Utah Code 53G-6-203
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
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
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
(2)
In accordance with Section 53G-8-211, a local school board, charter school governing board, or school district may impose administrative penalties on a school-age child who is:
(a)
in grade 7 or above, unless the school-age child is less than 12 years old; and
(b)
truant.
(3)
A local school board or charter school governing board:
(a)
may authorize a school administrator, a designee of a school administrator, a law enforcement officer acting as a school resource officer, or a truancy specialist to issue a notice of truancy in accordance with Subsection (4); and
(b)
shall establish a procedure for a school-age child, or the school-age child’s parents, to contest a notice of truancy.
(4)
A notice of truancy described in Subsection (3):
(a)
may not be issued until a school-age child has been truant at least five times during the school year;
(b)
may not be issued to a school-age child who is less than 12 years old or in a grade below grade 7;
(c)
may not be issued to a school-age child exempt from school attendance as provided in Section 53G-6-204 or 53G-6-702;
(d)
shall direct the school-age child who receives the notice of truancy and the parent of the school-age child to:
(i)
meet with school authorities to discuss the school-age child’s truancies; and
(ii)
cooperate with the local school board, charter school governing board, or school district in securing regular attendance by the school-age child; and
(e)
shall be mailed to, or served on, the school-age child’s parent.
(5)
(a)
Except as provided in Subsection (5)(b), nothing in this part prohibits a local school board, charter school governing board, or school district from taking action to resolve a truancy problem with a school-age child who has been truant fewer than five times, provided that the action does not conflict with the requirements of this part.
(b)
A local school board, charter school governing board, or school district may not take punitive action to resolve a truancy problem with a school-age child during the period described in Subsection (2).
(6)
Notwithstanding this section, during the period described in Subsection (2), 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 truancy.
