53G-6-603. Requirement of birth certificate for enrollment of students — Procedures.
| (1) |
As used in this section:
Terms Used In Utah Code 53G-6-603- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Division: means the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 53G-6-601
- Writing: includes :Utah Code 68-3-12.5
| (a) |
“Child trafficking” means human trafficking of a child in violation of Section 76-5-308.5. |
| (b) |
“Enroller” means an individual who enrolls a student in a public school. |
| (c) |
“Review team” means a team described in Subsection (4), assigned to determine a student’s biological age as described in this section. |
| (d) |
“Social service provider” means the same as that term is defined in Section 53E-3-524. |
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| (2) |
Except as provided in Subsection (3), upon enrollment of a student for the first time in a particular school, that school shall notify the enroller in writing that within 30 days the enroller shall provide to the school either:
| (a) |
a certified copy of the student’s birth certificate; or |
| (b) |
| (i) |
other reliable proof of the student’s:
| (C) |
relationship to the student’s legally responsible individual; and |
|
| (ii) |
an affidavit explaining the enroller’s inability to produce a copy of the student’s birth certificate. |
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| (3) |
| (a) |
If the documentation described in Subsection (2)(a) or (2)(b)(i) inaccurately reflects the student’s biological age, the enroller shall provide to the school:
| (i) |
an affidavit explaining the reasons for the inaccuracy described in Subsection (3)(a); and |
| (ii) |
except as provided in Subsection (4), supporting documentation that establishes the student’s biological age. |
|
| (b) |
The supporting documentation described in Subsection (3)(a)(ii) may include:
| (i) |
a religious, hospital, or physician certificate showing the student’s date of birth; |
| (ii) |
an entry in a family religious text; |
| (iii) |
an adoption record; |
| (iv) |
previously verified school records; |
| (v) |
previously verified immunization records; |
| (vi) |
documentation from a social service provider; or |
| (vii) |
other legal documentation, including from a consulate, that reflects the student’s biological age. |
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| (4) |
| (a) |
If the supporting documentation described in Subsection (3)(b) is not available, the school shall assign a review team to work with the enroller to determine the student’s biological age for an LEA to use for a student’s enrollment and appropriate placement in a public school. |
| (b) |
The review team described in Subsection (4)(a):
| (i) |
may include:
| (A) |
an appropriate district administrator; |
| (B) |
the student’s teacher or teachers; |
| (C) |
the school principal; |
| (E) |
a school social worker; |
| (F) |
a school psychologist; |
| (G) |
a culturally competent and trauma-informed community representative; |
| (H) |
a school nurse or other school health specialist; |
| (I) |
an interpreter, if necessary; or |
| (J) |
a relevant educational equity administrator; and |
|
| (ii) |
shall include at least three members, at least one of which has completed the instruction described in Subsection 53G-9-207(3)(a), no more than two years prior to the member’s appointment to the review team. |
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| (c) |
In addition to any duty to comply with the mandatory reporting requirements described in Sections 53E-6-701 and 62A-4a-403, a school shall report to local law enforcement and to the division any sign of child trafficking that the review team identifies in carrying out the review team’s duties described in Subsection (4)(a). |
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Amended by Chapter 329, 2022 General Session
