Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 116 (2021GS)

Sponsor

Rep. Robertson, A.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• prohibits requiring documentation from a medical professional for an absence due to mental or physical illness; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STUDENT ATTENDANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Adam Robertson
Senate Sponsor: 
Lincoln Fillmore
Cosponsors:
Kera Birkeland
Dan N. Johnson
Karianne Lisonbee
Jefferson Moss
Susan Pulsipher
Mark A. Strong
Jordan D. Teuscher
Elizabeth Weight
LONG TITLE
General Description:
This bill addresses school absences for mental or physical illness.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ prohibits requiring documentation from a medical professional for an absence due
to mental or physical illness; 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 2020, Chapter 20
53G-6-205
, as last amended by Laws of Utah 2020, Chapter 20
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.
As used in this part:
(1) (a) "Absence" or "absent" means the failure of a school-age child assigned to a class
or class period to attend a class or class period.
(b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence
for the sake of a truancy.
(2) "Minor" means a person under the age of 18 years.
(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 (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 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 child:
(a) is enrolled; or
(b) should be enrolled, if the school-age 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 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 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:
(i) an illness, which may be either mental or physical
, regardless of whether the
school-age child or parent provides documentation from a medical professional
;
(ii) a family death;
(iii) an approved school activity;
(iv) an absence permitted by a school-age child's:
(A) individualized education program; or
(B) Section 504 accommodation plan;
(v) an absence permitted in accordance with Subsection 
53G-6-803
(5); or
(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-6-205
 is amended to read:
53G-6-205.
Approval absences.
(1)
 In determining whether to preapprove an extended absence of a school-age child as
a valid excuse, 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 child's
education.
(2) A local school board, charter school governing board, or school district may not
require documentation from a medical professional to substantiate a valid excuse that is a
mental or physical illness.