53G-6-206.  Duties of a local school board, charter school governing board, or school district in promoting regular attendance — Parental involvement — Liability not imposed — Report to state board.

(1) 

Terms Used In Utah Code 53G-6-206

  • 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-age child: means a minor who:
    (a) is at least six years old but younger than 18 years old; and
    (b) is not emancipated. See Utah Code 53G-6-201
  • 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
  • Valid excuse: means :
    (i) an illness, which may be either mental or physical, regardless of whether the school-age child or parent provides documentation from a medical professional;
    (ii) mental or behavioral health of the school-age child;
    (iii) a family death;
    (iv) an approved school activity;
    (v) an absence permitted by a school-age child's:
    (A) individualized education program; or
    (B) Section 504 accommodation plan;
    (vi) an absence permitted in accordance with Subsection 53G-6-803(5); or
    (vii) any other excuse established as valid by a local school board, charter school governing board, or school district. See Utah Code 53G-6-201
    (a)  As used in this section, “intervention” means a series of non-punitive and increasingly frequent and individualized activities that are designed to:

    (i)  create a trusting relationship between teachers, students, and parents;

    (ii)  improve attendance;

    (iii)  improve academic outcomes; and

    (iv)  reduce negative behavior referrals.

    (b)  “Intervention” includes:

    (i)  mentorship programs;

    (ii)  family connection to community resources;

    (iii)  academic support through small group or individualized tutoring or similar methods; and

    (iv)  teaching executive function skills, including:

    (A)  planning;

    (B)  goal setting;

    (C)  understanding and following multi-step directions; and

    (D)  self-regulation.
  • (2) 

    (a)  Subject to Subsection (2)(b), a local school board, charter school governing board, or school district shall make efforts to promote regular attendance and resolve school absenteeism and truancy issues for each school-age child who is, or should be, enrolled in the school district or charter school.

    (b)  A school-age child exempt from school attendance under Section 53G-6-204 or 53G-6-702, or a school-age child who is enrolled in a regularly established private school or part-time school, is not considered to be a school-age child who is or should be enrolled in a school district or charter school under Subsection (2)(a).

    (3)  The efforts described in Subsection (2) shall include, as reasonably feasible:

    (a)  counseling of the school-age child by school authorities;

    (b) 

    (i)  issuing a notice of truancy to the school-age child in accordance with Section 53G-6-203; or

    (ii)  issuing a notice of compulsory education violation to the school-age child’s parent in accordance with Section 53G-6-202;

    (c)  making any necessary adjustment to the curriculum and schedule to meet special needs of the school-age child;

    (d)  considering alternatives proposed by the school-age child’s parent;

    (e)  monitoring school attendance of the school-age child;

    (f)  voluntary participation in truancy mediation, if available; and

    (g)  providing the school-age child’s parent, upon request, with a list of resources available to assist the parent in resolving the school-age child’s attendance problems.

    (4)  In addition to the efforts described in Subsection (3), the local school board, charter school governing board, or school district may enlist the assistance of community and law enforcement agencies and organizations for early intervention services as appropriate and reasonably feasible in accordance with Section 53G-8-211.

    (5)  This section does not impose civil liability on boards of education, local school boards, charter school governing boards, school districts, or their employees.

    (6)  Proceedings initiated under this part do not obligate or preclude action by the Division of Child and Family Services under Section 53G-6-210.

    (7)  Each LEA shall annually report the following data separately to the state board:

    (a)  absences with a valid excuse; and

    (b)  absences without a valid excuse.

    Amended by Chapter 93, 2023 General Session