Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 241 Second Substitute (2020GS)

Sponsor

Rep. Shurtliff, L.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms to amend the age at which school enrollment is required to include kindergarten-age children;
• requires a local school board to provide certain information to the parent of a child excused from kindergarten attendance for home schooling; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

KINDERGARTEN ATTENDANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lawanna Shurtliff
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the age at which school enrollment is required to include
kindergarten-age children.
Highlighted Provisions:
This bill:
▸ defines terms to amend the age at which school enrollment is required to include
kindergarten-age children;
▸ requires a local school board to provide certain information to the parent of a child
excused from kindergarten attendance for home schooling; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
53G-6-201
, as last amended by Laws of Utah 2019, Chapter 293
53G-6-204
, as last amended by Laws of Utah 2019, Chapter 293
Utah Code Sections Affected by Coordination Clause:
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
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 this part:
(1) (a) "Absence" or "absent" means, consistent with Subsection (1)(b), failure of a
school-age minor assigned to a class or class period to attend the entire class or class period.
(b) A school-age minor may not be considered absent under this part more than one
time during one day.
(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) "Minor" means a person under the age of 18 years.
(4) "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).
[
(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:
(a) is enrolled; or
(b) should be enrolled, if the school-age minor is not enrolled in school.
(6) "School-age minor" means a minor who:
(a) is at least five years old before September 2 of the relevant school year or otherwise
eligible to enroll in kindergarten, but younger than 18 years old; and
(b) is not emancipated.
(7) "Truant" means absent without a valid excuse.
(8) "Truant minor" means a school-age minor who:
(a) is subject to the requirements of Section 53G-6-202 or 
53G-6-203
; and
(b) is truant.
(9) "Valid excuse" means:
(a) an illness, which may be either mental or physical;
(b) a family death;
(c) an approved school activity;
(d) an absence permitted by a school-age minor's:
(i) individualized education program, developed pursuant to the Individuals with
Disabilities Education Improvement Act of 2004, as amended; or
(ii) accommodation plan, developed pursuant to Section 504 of the Rehabilitation Act
of 1973, as amended; or
(e) any other excuse established as valid by a local school board, charter school
governing board, or school district.
Section 2. Section 
53G-6-204
 is amended to read:
53G-6-204.
Minors exempt from school attendance.
(1) (a) A local school board or charter school governing board may excuse a school-age
minor from attendance for any of the following reasons:
(i) a school-age minor over age 16 may receive a partial release from school to enter
employment, or attend a trade school, if the school-age minor has completed grade 8; or
(ii) on an annual basis, a school-age minor may receive a full release from attending a
public, regularly established private, or part-time school or class if:
(A) the school-age minor 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 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 employment; or
(D) the district superintendent or charter school governing board has determined that a
school-age minor 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 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 from attendance as provided by this Subsection (1) shall issue a certificate that the minor
is excused from attendance during the time specified on the certificate.
(2) (a) A local school board shall excuse a school-age minor from attendance, if the
school-age minor's parent files a signed and notarized affidavit with the school-age minor's
school district of residence, as defined in Section 
53G-6-302
, that:
(i) the school-age minor will attend a home school; and
(ii) the parent assumes sole responsibility for the education of the school-age minor,
except to the extent the school-age minor 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 attends a home school; and
(ii) the school district where the affidavit was filed remains the school-age minor's
district of residence.
(c) A parent of a school-age minor 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 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) 
(i)
 [
Upon
] 
Except as provided in Subsection (2)(e)(ii), 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.
(ii) If the student who is excused to attend a home school under this Subsection (2) is
excused from kindergarten, the local school board shall provide a kindergarten syllabus or
otherwise identify the knowledge, skills, and competencies a student is recommended to attain
before grade 1.
(f) A local school board that excuses a school-age minor from attendance as provided
by this Subsection (2) shall annually issue a certificate stating that the school-age minor is
excused from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age minor from
attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the
school-age minor's parent pursuant to this Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school-age minor enrolls in a school within the school district;
(B) the school-age minor's parent notifies the school district that the school-age minor
no longer attends a home school; or
(C) the school-age minor's parent notifies the school district that the school-age minor'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 attending a home school.
Section 3. 
 Coordinating H.B. 241 with H.B. 14 -- Substantive and technical
amendments.
If this H.B. 241 and H.B. 14, School Absenteeism and Truancy Amendments, both pass
and become law, it is the intent of the Legislature that:
(1) the amendments to Subsection 
53G-6-201
(6) in this bill supersede the amendments
to Subsection 
53G-6-201
(5) in H.B. 14;
(2) Section 53G-6-202(3) shall be amended to read:
"(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
] 
minor
 if the school-age
[
child
] 
minor
 is
:
(a) in kindergarten through grade 6; and
(b)
 [
absent without a valid excuse
] 
truant
 at least five times during the school year."
;
and
(3) the Office of Legislative Research and General Counsel prepare the Utah Code
database for publication in accordance with Subsections (1) and (2) of this coordination clause.