2006 Utah Code - 53A-11-103 — Duties of boards of education in resolving child\'s attendance problems -- Parental involvement -- Issuance of truancy citations -- Procedure for contesting citations -- Liability not imposed.

     53A-11-103.   Duties of boards of education in resolving child's attendance problems -- Parental involvement -- Issuance of truancy citations -- Procedure for contesting citations -- Liability not imposed.
     (1) For each school-age minor who is or should be enrolled within that school district, the local school board or school district shall make efforts to resolve a minor's school attendance problems. Those efforts shall include, as reasonably feasible:
     (a) counseling of the minor by school authorities;
     (b) a written request for parental support in securing regular attendance by the minor delivered by certified mail, containing notice of the requirements of this section and stating that refusal to respond to the notice is a class B misdemeanor;
     (c) at least one meeting with the minor and the parents;
     (d) any necessary adjustment to the curriculum and schedule to meet special needs of the minor; and
     (e) monitoring school attendance of the minor for a period not to exceed 30 days.
     (2) In addition to the efforts listed in Subsection (1), the local school board or school district may enlist the assistance of community and law enforcement agencies as appropriate and reasonably feasible.
     (3) In the event that the minor's school attendance problem cannot be resolved by the efforts of the local school board or school district, the local school board or school district shall refer the school-age minor to the appropriate district or county attorney or juvenile court as a habitual truant.
     (4) Any parent of a school-age minor shall, upon written request from a local school board or school district, cooperate with school authorities in resolving the minor's school attendance problem.
     (5) A local school board may authorize the issuance of truancy citations by school administrators and appointed truancy specialists. Recipients of truancy citations may be subjected to administrative penalties.
     (6) A local school board that authorizes the issuance of truancy citations shall establish a procedure for students to contest citations. Any minor having received three prior truancy citations within a single school year and for whom reasonable efforts to resolve the attendance problem have failed, shall be issued a habitual truancy citation and referred by the local school board or school district to the appropriate county or district attorney or juvenile court as a habitual truant. Proceedings for habitual truancy shall be expedited by the court.
     (7) This section shall not impose any civil liability on boards of education or their employees. Proceedings initiated under this part do not obligate or preclude action by the Division of Child and Family Services under Section 78-3a-316.

Amended by Chapter 221, 2003 General Session