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2023 Utah Code
Title 53G - Public Education System -- Local Administration
Chapter 6 - Participation in Public Schools
Part 2 - Compulsory Education
Section 202 - Compulsory education.
Universal Citation: UT Code § 53G-6-202 (2023)
Effective 3/17/2021
53G-6-202. Compulsory education.
Amended by Chapter 359, 2021 General Session
Revisor instructions Chapter 359, 2021 General Session
53G-6-202. Compulsory education.
- (1) As used in this section:
- (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.
- (a) shall direct the parent to:
- (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
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