Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 14 Second Substitute (2020GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• establishes which absences from school are considered in determining if a minor is truant;
• replaces ages to which certain provisions related to truancy apply with grade levels to which the provisions apply;
• limits the conditions under which a school district or charter school may impose administrative penalties on a school-age child who is truant;
• requires local education agencies to report certain data to the State Board of Education; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

SCHOOL ABSENTEEISM AND TRUANCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Lincoln Fillmore
LONG TITLE
General Description:
This bill amends provisions related to truancy.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes which absences from school are considered in determining if a minor is
truant;
▸ replaces ages to which certain provisions related to truancy apply with grade levels
to which the provisions apply;
▸ limits the conditions under which a school district or charter school may impose
administrative penalties on a school-age child who is truant;
▸ requires local education agencies to report certain data to the State Board of
Education; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-6-201
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-202
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-203
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-204
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-205
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-206
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-208
, as last amended by Laws of Utah 2019, Chapter 293
53G-8-210
, as last amended by Laws of Utah 2019, Chapter 293
53G-8-211
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-6-201
 is amended to read:
53G-6-201.
Definitions.
[
For purposes of
] 
As used in
 this part:
(1) (a) "Absence" or "absent" means[
, consistent with Subsection (1)(b),
] 
the
 failure of
a school-age [
minor
] 
child
 assigned to a class or class period to attend [
the entire
] 
a
 class or
class period.
[
(b) A school-age minor may not be considered absent under this part more than one
time during one day.
]
(b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
for the sake of a truancy.
[
(2) "Habitual truant" means a school-age minor who:
]
[
(a) is at least 12 years old;
]
[
(b) is subject to the requirements of Section 
53G-6-202
; and
]
[
(c) (i) is truant at least 10 times during one school year; or
]
[
(ii) fails to cooperate with efforts on the part of school authorities to resolve the
minor's attendance problem as required under Section 
53G-6-206
.
]
[
(3)
] 
(2)
 "Minor" means a person under the age of 18 years.
[
(4)
] 
(3)
 "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)
] 
(3)(a)
 or (b).
(4) "School day" means the portion of a day that school is in session in which a
school-age child is required to be in school for purposes of receiving instruction.
[
(5) "School-age minor" means a minor who:
]
[
(a) is at least six years old, but younger than 18 years old; and
]
[
(b) is not emancipated.
]
[
(6)
] 
(5)
 "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 [
minor
]
child
:
(a) is enrolled; or
(b) should be enrolled, if the school-age [
minor
] 
child
 is not enrolled in school.
(6) "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.
(7) 
(a)
 "Truant" means [
absent without a valid excuse.
] 
a condition in which a
school-age child, without a valid excuse, and subject to Subsection (7)(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.
(b) A school-age child may not be considered truant under this part more than one time
during one day.
(8) "Truant minor" means a school-age [
minor
] 
child
 who:
(a) is subject to the requirements of Section 
53G-6-202
 or 
53G-6-203
; and
(b) is truant.
(9) 
(a)
 "Valid excuse" means:
[
(a)
] 
(i)
 an illness, which may be either mental or physical;
[
(b)
] 
(ii)
 a family death;
[
(c)
] 
(iii)
 an approved school activity;
[
(d)
] 
(iv)
 an absence permitted by a school-age [
minor's
] 
child's
:
[
(i)
] 
(A)
 individualized education program[
, developed pursuant to the Individuals with
Disabilities Education Improvement Act of 2004, as amended
]; or
[
(ii)
] 
(B) Section 504
 accommodation plan[
, developed pursuant to Section 504 of the
Rehabilitation Act of 1973, as amended; or
]
;
(v) an absence permitted in accordance with Subsection 
53G-6-803
(5); or
[
(e)
] 
(vi)
 any other excuse established as valid by a local school board, charter school
governing board, or school district.
(b) "Valid excuse" does not mean a parent acknowledgment of an absence for a reason
other than a reason described in Subsections (9)(a)(i) through (vi), unless specifically permitted
by the local school board, charter school governing board, or school district under Subsection
(9)(a)(vi).
Section 2. Section 
53G-6-202
 is amended to read:
53G-6-202.
Compulsory education.
(1) For purposes of this section:
(a) "Intentionally" [
is as
] 
means the same as that term is
 defined in Section 
76-2-103
.
[
(b) "Recklessly" is as 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 [
the
] 
a
 notice of compulsory education violation [
described in
Subsection (3)
] is served and ending on the last day of the school year.
[
(d) "School-age child" means a school-age minor under the age of 14.
]
(2) Except as provided in Section 
53G-6-204
 or 
53G-6-702
, the parent of a school-age
[
minor
] 
child
 shall enroll and send the school-age [
minor
] 
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)
 [
absent without a valid excuse
] 
truant
 at least five times during the school year.
(4) [
The
] 
A
 notice of compulsory education violation[
, described in Subsection (3)
]
issued to a parent
:
(a) shall direct the parent [
of the school-age child
] 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 [
of the school-age child
] to
intentionally or [
recklessly
] 
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 [
absent without a valid excuse
]
truant
 five or more times during the remainder of the school year;
(d) shall be served on the [
school-age child's
] 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.
(5) It is a class B misdemeanor for a parent of a school-age [
minor
] 
child
 to
intentionally or [
recklessly
] 
without good cause
 fail to enroll the school-age [
minor
] 
child
 in
school, unless the school-age [
minor
] 
child
 is exempt from enrollment under Section
53G-6-204
 or 
53G-6-702
.
(6) 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 [
in accordance
with Subsections (3) and (4)
], intentionally or [
recklessly
] 
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 [
absent without a valid excuse
]
truant
 five or more times during the remainder of the school year.
(7) 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) 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 [
child's
] parent who
received the notice of compulsory education violation;
(b) information regarding the longest number of consecutive school days the
school-age [
minor
] 
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.
Section 3. Section 
53G-6-203
 is amended to read:
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 [
minor
] 
child
who is enrolled in a public school shall attend the public school in which the school-age
[
minor
] 
child
 is enrolled.
(2) [
A
] 
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 [
minor
in accordance with Section 
53G-8-211
] 
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 [
notices
]
a notice
 of truancy [
to school-age minors who are at least 12 years old
] 
in accordance with
Subsection (4)
; and
(b) shall establish a procedure for a school-age [
minor
] 
child
, or the school-age
[
minor's
] 
child's
 parents, to contest a notice of truancy.
(4) [
The
] 
A
 notice of truancy described in Subsection (3):
(a) may not be issued until [
the
] 
a
 school-age [
minor
] 
child
 has been truant at least five
times during the school year;
(b) may not be issued to a school-age [
minor
] 
child
 who is less than 12 years old 
or in a
grade below grade 7
;
(c) may not be issued to a [
minor
] 
school-age child
 exempt from school attendance as
provided in Section 
53G-6-204
 or 
53G-6-702
;
(d) shall direct the school-age [
minor
] 
child who receives the notice of truancy
 and the
parent of the school-age [
minor
] 
child
 to:
(i) meet with school authorities to discuss the school-age [
minor's
] 
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 [
minor
] 
child
; and
(e) shall be mailed to, or served on, the school-age [
minor's
] 
child's
 parent.
(5) 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 [
minor
]
child
 who has been truant [
less
] 
fewer
 than five times, provided that the action does not
conflict with the requirements of this part.
Section 4. Section 
53G-6-204
 is amended to read:
53G-6-204.
School-age children exempt from school attendance.
(1) (a) A local school board or charter school governing board may excuse a school-age
[
minor
] 
child
 from attendance for any of the following reasons:
(i) a school-age [
minor
] 
child
 over age 16 may receive a partial release from school to
enter employment, or attend a trade school, if the school-age [
minor
] 
child
 has completed grade
8; or
(ii) on an annual basis, a school-age [
minor
] 
child
 may receive a full release from
attending a public, regularly established private, or part-time school or class if:
(A) the school-age [
minor
] 
child
 has already completed the work required for
graduation from high school, or has demonstrated mastery of required skills and competencies
in accordance with Subsection 
53F-2-501
(1);
(B) the school-age [
minor
] 
child
 is in a physical or mental condition, certified by a
competent physician if required by the local school board or charter school governing board,
which renders attendance inexpedient and impracticable;
(C) proper influences and adequate opportunities for education are provided in
connection with the school-age [
minor's
] 
child's
 employment; or
(D) the district superintendent or charter school governing board has determined that a
school-age [
minor
] 
child
 over the age of 16 is unable to profit from attendance at school
because of inability or a continuing negative attitude toward school regulations and discipline.
(b) A school-age [
minor
] 
child
 receiving a partial release from school under Subsection
(1)(a)(i) is required to attend:
(i) school part time as prescribed by the local school board or charter school governing
board; or
(ii) a home school part time.
(c) In each case, evidence of reasons for granting an exemption under Subsection (1)
must be sufficient to satisfy the local school board or charter school governing board.
(d) A local school board or charter school governing board that excuses a school-age
[
minor
] 
child
 from attendance as provided by this Subsection (1) shall issue a certificate that
the [
minor
] 
child
 is excused from attendance during the time specified on the certificate.
(2) (a) A local school board shall excuse a school-age [
minor
] 
child
 from attendance, if
the school-age [
minor's
] 
child's
 parent files a signed and notarized affidavit with the school-age
[
minor's
] 
child's
 school district of residence, as defined in Section 
53G-6-302
, that:
(i) the school-age [
minor
] 
child
 will attend a home school; and
(ii) the parent assumes sole responsibility for the education of the school-age [
minor
]
child
, except to the extent the school-age [
minor
] 
child
 is dual enrolled in a public school as
provided in Section 
53G-6-702
.
(b) A signed and notarized affidavit filed in accordance with Subsection (2)(a) shall
remain in effect as long as:
(i) the school-age [
minor
] 
child
 attends a home school; and
(ii) the school district where the affidavit was filed remains the school-age [
minor's
]
child's
 district of residence.
(c) A parent of a school-age [
minor
] 
child
 who attends a home school is solely
responsible for:
(i) the selection of instructional materials and textbooks;
(ii) the time, place, and method of instruction; and
(iii) the evaluation of the home school instruction.
(d) A local school board may not:
(i) require a parent of a school-age [
minor
] 
child
 who attends a home school to
maintain records of instruction or attendance;
(ii) require credentials for individuals providing home school instruction;
(iii) inspect home school facilities; or
(iv) require standardized or other testing of home school students.
(e) Upon the request of a parent, a local school board shall identify the knowledge,
skills, and competencies a student is recommended to attain by grade level and subject area to
assist the parent in achieving college and career readiness through home schooling.
(f) A local school board that excuses a school-age [
minor
] 
child
 from attendance as
provided by this Subsection (2) shall annually issue a certificate stating that the school-age
[
minor
] 
child
 is excused from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age [
minor
] 
child
from attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the
school-age [
minor's
] 
child's
 parent pursuant to this Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school-age [
minor
] 
child
 enrolls in a school within the school district;
(B) the school-age [
minor's
] 
child's
 parent notifies the school district that the
school-age [
minor
] 
child
 no longer attends a home school; or
(C) the school-age [
minor's
] 
child's
 parent notifies the school district that the
school-age [
minor's
] 
child's
 school district of residence has changed.
(3) A parent who files a signed and notarized affidavit as provided in Subsection (2)(a)
is exempt from the application of Subsections 
53G-6-202
(2), (5), and (6).
(4) Nothing in this section may be construed to prohibit or discourage voluntary
cooperation, resource sharing, or testing opportunities between a school or school district and a
parent of a [
minor
] 
child
 attending a home school.
Section 5. Section 
53G-6-205
 is amended to read:
53G-6-205.
Preapproval of extended absence.
In determining whether to preapprove an extended absence of a school-age [
minor
]
child
 as a valid excuse [
under Subsection 
53G-6-201
(9)(e)
], a local school board, charter
school governing board, or school district shall approve the absence if the local school board,
charter school governing board, or school district determines that the extended absence will not
adversely impact the school-age [
minor's
] 
child's
 education.
Section 6. Section 
53G-6-206
 is amended to read:
53G-6-206.
Duties of a local school board, charter school governing board, or
school district in resolving attendance problems -- Parental involvement -- Liability not
imposed -- Report to state board.
(1) (a) [
Except as provided in
] 
Subject to
 Subsection (1)(b), a local school board,
charter school governing board, or school district shall make efforts to resolve the school
attendance problems of each school-age [
minor
] 
child
 who is, or should be, enrolled in the
school district.
(b) A [
minor
] 
school-age child
 exempt from school attendance under Section
53G-6-204
 or 
53G-6-702
 is not considered to be a [
minor
] 
school-age child
 who is or should
be enrolled in a school district or charter school under Subsection (1)(a).
(2) The efforts described in Subsection (1) shall include, as reasonably feasible:
(a) counseling of the [
minor
] 
school-age child
 by school authorities;
(b) 
(i)
 issuing a notice of truancy to [
a
] 
the
 school-age [
minor who is at least 12 years
old,
] 
child
 in accordance with Section 
53G-6-203
; 
or
[
(c)
] 
(ii)
 issuing a notice of compulsory education violation to [
a
] 
the school-age child's
parent [
of a school-age child,
] in accordance with Section 
53G-6-202
;
[
(d)
] 
(c)
 making any necessary adjustment to the curriculum and schedule to meet
special needs of the [
minor
] 
school-age child
;
[
(e)
] 
(d)
 considering alternatives proposed by [
a
] 
the school-age child's
 parent;
[
(f)
] 
(e)
 monitoring school attendance of the [
minor
] 
school-age child
;
[
(g)
] 
(f)
 voluntary participation in truancy mediation, if available; and
[
(h)
] 
(g)
 providing [
a
] 
the
 school-age [
minor's
] 
child's
 parent, upon request, with a list
of resources available to assist the parent in resolving the school-age [
minor's
] 
child's
attendance problems.
(3) In addition to the efforts described in Subsection (2), the local school board, charter
school governing board, or school district may enlist the assistance of community and law
enforcement agencies as appropriate and reasonably feasible in accordance with Section
53G-8-211
.
(4) This section does not impose civil liability on boards of education, local school
boards, charter school governing boards, school districts, or their employees.
(5) Proceedings initiated under this part do not obligate or preclude action by the
Division of Child and Family Services under Section 
78A-6-319
.
(6) 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.
Section 7. Section 
53G-6-208
 is amended to read:
53G-6-208.
Taking custody of a person believed to be a truant minor --
Disposition -- Reports -- Immunity from liability.
(1) A peace officer or public school administrator may take a minor into temporary
custody if there is reason to believe the minor is a truant minor.
(2) An individual taking a [
school-age
] 
presumed truant
 minor into custody under
Subsection (1) shall, without unnecessary delay, release the minor to:
(a) the principal of the minor's school;
(b) a person who has been designated by the local school board or charter school
governing board to receive and return the minor to school; or
(c) a truancy center established under Subsection (5).
(3) If the minor refuses to return to school or go to the truancy center, the officer or
administrator shall, without unnecessary delay, notify the minor's parents and release the minor
to their custody.
(4) If the parents cannot be reached or are unable or unwilling to accept custody and
none of the options in Subsection (2) are available, the minor shall be referred to the Division
of Child and Family Services.
(5) (a) 
(i)
 A local school board or charter school governing board, singly or jointly with
another school board, may establish or designate truancy centers within existing school
buildings and staff the centers with existing teachers or staff to provide educational guidance
and counseling for truant minors.
(ii)
 Upon receipt of a truant minor, the center shall, without unnecessary delay, notify
and direct the minor's parents to come to the center, pick up the minor, and return the minor to
the school in which the minor is enrolled.
(b) 
(i)
 If the parents cannot be reached or are unable or unwilling to comply with the
request within a reasonable time, the center shall take such steps as are reasonably necessary to
insure the safety and well being of the minor, including, when appropriate, returning the minor
to school or referring the minor to the Division of Child and Family Services.
(ii)
 A minor taken into custody under this section may not be placed in a detention
center or other secure confinement facility.
(6) 
(a)
 Action taken under this section shall be reported to the appropriate school
district.
(b)
 The district shall promptly notify the minor's parents of the action taken.
(7) The Utah Governmental Immunity Act applies to all actions taken under this
section.
(8) Nothing in this section may be construed to grant authority to a public school
administrator to place a minor in the custody of the Division of Child and Family Services,
without complying with Title 62A, Chapter 4a, Part 2, Child Welfare Services, and Title 78A,
Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings.
Section 8. Section 
53G-8-210
 is amended to read:
53G-8-210.
Disruptive student behavior.
(1) As used in this section:
(a) "Disruptive student behavior" includes:
(i) the grounds for suspension or expulsion described in Section 
53G-8-205
; and
(ii) the conduct described in Subsection 
53G-8-209
(2)(b).
(b) "Parent" includes:
(i) a custodial parent of a school-age [
minor
] 
child
;
(ii) a legally appointed guardian of a school-age [
minor
] 
child
; or
(iii) any other person purporting to exercise any authority over the [
minor
] 
child
 which
could be exercised by a person described in Subsection (1)(b)(i) or (ii).
(c) "Qualifying minor" means a school-age [
minor
] 
child
 who:
(i) is at least nine years old; or
(ii) turns nine years old at any time during the school year.
(d) "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 [
minor
]
child
 is enrolled.
(e) "School-age child" means the same as that term is defined in Section 
53G-6-201
.
(2) A local school board, school district, charter school governing board, or charter
school may impose administrative penalties in accordance with Section 
53G-8-211
 on a
school-age [
minor
] 
child
 who violates this part.
(3) (a) A local school board or charter school governing board shall:
(i) authorize a school administrator or a designee of a school administrator to issue
notices of disruptive student behavior to qualifying minors; and
(ii) establish a procedure for a qualifying minor, or a qualifying minor's parent, to
contest a notice of disruptive student behavior.
(b) A school representative shall provide to a parent of a school-age [
minor
] 
child
, a
list of resources available to assist the parent in resolving the school-age minor's disruptive
student behavior problem.
(c) A local school board or charter school governing board shall establish procedures
for a school counselor or other designated school representative to work with a qualifying
minor who engages in disruptive student behavior in order to attempt to resolve the minor's
disruptive student behavior problems.
(4) The notice of disruptive student behavior described in Subsection (3)(a):
(a) shall be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, three times during the school year; or
(ii) engages in disruptive student behavior, that results in suspension or expulsion, once
during the school year;
(b) shall require that the qualifying minor and a parent of the qualifying minor:
(i) meet with school authorities to discuss the qualifying minor's disruptive student
behavior; and
(ii) cooperate with the local school board or charter school governing board in
correcting the [
school-age
] 
qualifying
 minor's disruptive student behavior; and
(c) shall be mailed by certified mail to, or served on, a parent of the qualifying minor.
(5) A habitual disruptive student behavior notice:
(a) may only be issued to a qualifying minor who:
(i) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least six times during the school year;
(ii) (A) engages in disruptive student behavior, that does not result in suspension or
expulsion, at least three times during the school year; and
(B) engages in disruptive student behavior, that results in suspension or expulsion, at
least once during the school year; or
(iii) engages in disruptive student behavior, that results in suspension or expulsion, at
least twice during the school year; and
(b) may only be issued by a school administrator, a designee of a school administrator,
or a truancy specialist, who is authorized by a local school board or charter school governing
board to issue a habitual disruptive student behavior notice.
(6) (a) A qualifying minor to whom a habitual disruptive student behavior notice is
issued under Subsection (5) may not be referred to the juvenile court.
(b) Within five days after the day on which a habitual disruptive student behavior
notice is issued, a representative of the school district or charter school shall provide
documentation, to a parent of the qualifying minor who receives the notice, of the efforts made
by a school counselor or representative under Subsection (3)(c).
Section 9. Section 
53G-8-211
 is amended to read:
53G-8-211.
Responses to school-based behavior.
(1) As used in this section:
(a) "Evidence-based" means a program or practice that has:
(i) had multiple randomized control studies or a meta-analysis demonstrating that the
program or practice is effective for a specific population;
(ii) been rated as effective by a standardized program evaluation tool; or
(iii) been approved by the state board.
(b) "Habitual truant" means a school-age child who:
(i) is in grade 7 or above, unless the school-age child is less than 12 years old;
(ii) is subject to the requirements of Section 
53G-6-202
; and
(iii) (A) is truant at least 10 times during one school year; or
(B) fails to cooperate with efforts on the part of school authorities to resolve the
school-age child's attendance problem as required under Section 
53G-6-206
.
[
(b)
] 
(c)
 "Mobile crisis outreach team" means the same as that term is defined in
Section 
78A-6-105
.
[
(c)
] 
(d)
 "Restorative justice program" means a school-based program or a program
used or adopted by a local education agency that is designed to enhance school safety, reduce
school suspensions, and limit referrals to court, and is designed to help minors take
responsibility for and repair the harm of behavior that occurs in school.
[
(d)
] 
(e)
 "School administrator" means a principal of a school.
[
(e)
] 
(f)
 "School is in session" means a day during which the school conducts
instruction for which student attendance is counted toward calculating average daily
membership.
[
(f)
] 
(g)
 "School resource officer" means a law enforcement officer, as defined in
Section 
53-13-103
, who contracts with, is employed by, or whose law enforcement agency
contracts with a local education agency to provide law enforcement services for the local
education agency.
(h) "School-age child" means the same as that term is defined in Section 
53G-6-201
.
[
(g)
] 
(i)
 (i) "School-sponsored activity" means an activity, fundraising event, club,
camp, clinic, or other event or activity that is authorized by a specific local education agency or
public school, according to LEA governing board policy, and satisfies at least one of the
following conditions:
(A) the activity is managed or supervised by a local education agency or public school,
or local education agency or public school employee;
(B) the activity uses the local education agency or public school's facilities, equipment,
or other school resources; or
(C) the activity is supported or subsidized, more than inconsequentially, by public
funds, including the public school's activity funds or Minimum School Program dollars.
(ii) "School-sponsored activity" includes preparation for and involvement in a public
performance, contest, athletic competition, demonstration, display, or club activity.
[
(h)
] 
(j)
 (i) "Status offense" means a violation of the law that would not be a violation
but for the age of the offender.
(ii) Notwithstanding Subsection (1)[
(h)
]
(j)
(i), a status offense does not include a
violation that by statute is made a misdemeanor or felony.
(2) This section applies to a minor enrolled in school who is alleged to have committed
an offense at the school where the student is enrolled:
(a) on school property where the student is enrolled:
(i) when school is in session; or
(ii) during a school-sponsored activity; or
(b) that is truancy.
(3) (a) If the alleged offense is a class C misdemeanor, an infraction, a status offense
on school property, or truancy, the minor may not be referred to law enforcement or court but
may be referred to evidence-based alternative interventions, including:
(i) a mobile crisis outreach team, as defined in Section 
78A-6-105
;
(ii) a receiving center operated by the Division of Juvenile Justice Services in
accordance with Section 
62A-7-104
;
(iii) a youth court or comparable restorative justice program;
(iv) evidence-based interventions created and developed by the school or school
district; and
(v) other evidence-based interventions that may be jointly created and developed by a
local education agency, the state board, the juvenile court, local counties and municipalities,
the Department of Health, or the Department of Human Services.
(b) Notwithstanding Subsection (3)(a), a school resource officer may:
(i) investigate possible criminal offenses and conduct, including conducting probable
cause searches;
(ii) consult with school administration about the conduct of a minor enrolled in a
school;
(iii) transport a minor enrolled in a school to a location if the location is permitted by
law;
(iv) take temporary custody of a minor pursuant to Subsection 
78A-6-112
(1); or
(v) protect the safety of students and the school community, including the use of
reasonable and necessary physical force when appropriate based on the totality of the
circumstances.
(c) Notwithstanding other provisions of this section, a law enforcement officer who has
cause to believe a minor has committed an offense on school property when school is not in
session nor during a school-sponsored activity, the law enforcement officer may refer the minor
to court or may refer the minor to evidence-based alternative interventions at the discretion of
the law enforcement officer.
(4) (a) Notwithstanding Subsection (3)(a) and subject to the requirements of this
Subsection (4), a school district or school may refer a minor to court for a class C misdemeanor
committed on school property or for being a habitual truant[
, as defined in Section 
53G-6-201
,
]
if the minor refuses to participate in an evidence-based alternative intervention described in
Subsection (3)(a).
(b) (i) When a minor is referred to court under Subsection (4)(a), the school shall
appoint a school representative to continue to engage with the minor and the minor's family
through the court process.
(ii) A school representative appointed under this Subsection (4)(b) may not be a school
resource officer.
(c) A school district or school shall include the following in its referral to the court:
(i) attendance records for the minor;
(ii) a report of evidence-based alternative interventions used by the school before
referral, including outcomes;
(iii) the name and contact information of the school representative assigned to actively
participate in the court process with the minor and the minor's family; and
(iv) any other information the school district or school considers relevant.
(d) A minor referred to court under this Subsection (4), may not be ordered to or placed
in secure detention, including for a contempt charge or violation of a valid court order under
Section 
78A-6-1101
 when the underlying offense is a class C misdemeanor occurring on
school property or habitual truancy.
(e) If a minor is referred to court under this Subsection (4), the court may use, when
available, the resources of the Division of Juvenile Justice Services or the Division of
Substance Abuse and Mental Health to address the minor.
(5) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
minor may be referred directly to the juvenile court by the school administrator, the school
administrator's designee, or a school resource officer, or the minor may be referred to the
evidence-based alternative interventions in Subsection (3)(a).