Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 219 (2021GS)

Sponsor

Sen. McCay, D.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• decriminalizes certain truancy violations until 2022;
• prohibits the issuance and enforcement of notices of compulsory education violation and notices of truancy during the moratorium;
• suspends certain reporting requirements during the moratorium;
• clarifies the application of certain exemptions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TRUANCY ENFORCEMENT MORATORIUM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor: 
Candice B. Pierucci
LONG TITLE
General Description:
This bill decriminalizes certain truancy violations until 2022.
Highlighted Provisions:
This bill:
▸ decriminalizes certain truancy violations until 2022;
▸ prohibits the issuance and enforcement of notices of compulsory education violation
and notices of truancy during the moratorium;
▸ suspends certain reporting requirements during the moratorium;
▸ clarifies the application of certain exemptions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
53G-6-202
, as last amended by Laws of Utah 2020, Chapter 20
53G-6-203
, as last amended by Laws of Utah 2020, Chapter 20
53G-6-204
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
53G-6-208
, as last amended by Laws of Utah 2020, Chapter 20
53G-8-211
, as last amended by Laws of Utah 2020, Chapters 20 and 214
Utah Code Sections Affected by Revisor Instructions:
53G-6-202
, as last amended by Laws of Utah 2020, Chapter 20
53G-6-208
, as last amended by Laws of Utah 2020, Chapter 20
53G-8-211
, as last amended by Laws of Utah 2020, Chapters 20 and 214
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-6-202
 is amended to read:
53G-6-202.
Compulsory education.
(1) [
For purposes of
] 
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.
(5) [
It
] 
Except during the period between the effective date of this bill 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) [
It
] 
Except during the period between the effective date of this bill 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) [
A
] 
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) [
If
] 
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.
Section 2. 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 child who is
enrolled in a public school shall attend the public school in which the school-age child is
enrolled.
(2) [
In
] 
Except during the period between the effective date of this bill and June 1,
2022,
 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 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 a notice
of truancy in accordance with Subsection (4); and
(b) shall establish a procedure for a school-age child, or the school-age child's parents,
to contest a notice of truancy.
(4) A notice of truancy described in Subsection (3):
(a) may not be issued until a school-age child has been truant at least five times during
the school year;
(b) may not be issued to a school-age child who is less than 12 years old or in a grade
below grade 7;
(c) may not be issued to a school-age child exempt from school attendance as provided
in Section 
53G-6-204
 or 
53G-6-702
;
(d) shall direct the school-age child who receives the notice of truancy and the parent
of the school-age child to:
(i) meet with school authorities to discuss the school-age 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 child; and
(e) shall be mailed to, or served on, the school-age child's parent.
[
(5) Nothing
] 
(5) (a) Except as provided in Subsection (5)(b), 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 child who has been truant fewer than five
times, provided that the action does not conflict with the requirements of this part.
(b) A local school board, charter school governing board, or school district may not
take punitive action to resolve a truancy problem with a school-age child during the period
described in Subsection (2).
(6) Notwithstanding this section, during the period described in Subsection (2), 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
truancy.
Section 3. 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
child from attendance for any of the following reasons:
(i) a school-age child over age 16 may receive a partial release from school to enter
employment, or attend a trade school, if the school-age child has completed grade 8; or
(ii) on an annual basis, a school-age child may receive a full release from attending a
public, regularly established private, or part-time school or class if:
(A) the school-age child has already completed the work required for graduation from
high school;
(B) the school-age 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 child's employment; or
(D) the district superintendent or charter school governing board has determined that a
school-age 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 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
child from attendance as provided by this Subsection (1) shall issue a certificate that the child
is excused from attendance during the time specified on the certificate.
(2) (a) A local school board shall excuse a school-age child from attendance, if the
school-age child's parent files a signed and notarized affidavit with the school-age child's
school district of residence, as defined in Section 
53G-6-302
, that:
(i) the school-age child will attend a home school; and
(ii) the parent assumes sole responsibility for the education of the school-age child,
except to the extent the school-age 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 child attends a home school; and
(ii) the school district where the affidavit was filed remains the school-age child's
district of residence.
(c) A parent of a school-age 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 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 child from attendance as provided by
this Subsection (2) shall annually issue a certificate stating that the school-age child is excused
from attendance for the specified school year.
(g) A local school board shall issue a certificate excusing a school-age child from
attendance:
(i) within 30 days after receipt of a signed and notarized affidavit filed by the
school-age child's parent pursuant to this Subsection (2); and
(ii) on or before August 1 each year thereafter unless:
(A) the school-age child enrolls in a school within the school district;
(B) the school-age child's parent notifies the school district that the school-age child no
longer attends a home school; or
(C) the school-age child's parent notifies the school district that the school-age 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) 
(a)
 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 child attending a home school.
(b) The exemptions in this section apply regardless of whether:
(i) a parent provides education instruction to the parent's child alone or in cooperation
with other parents similarly exempted under this section; or
(ii) the parent makes payment for educational services the parent's child receives.
Section 4. 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
] 
Except during the period between the effective date of this bill and June 1,
2022, 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 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 
described in Subsection (2)
 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 
of a truant minor in custody
 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 
of a truant minor in custody
 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
] 
ensure
 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
] 
An individual taking action
 under this section shall [
be reported
]
report the action
 to the appropriate school district.
(b) The district 
described in Subsection (6)(a)
 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 5. 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
.
(c) "Minor" means the same as that term is defined in Section 
78A-6-105
.
(d) "Mobile crisis outreach team" means the same as that term is defined in Section
78A-6-105
.
(e) "Prosecuting attorney" means the same as that term is defined in Subsections
78A-6-105
(46)(b) and (c).
(f) "Restorative justice program" means a school-based program or a program used or
adopted by a local education agency that is designed:
(i) to enhance school safety, reduce school suspensions, and limit referrals to law
enforcement agencies and courts; and
(ii) to help minors take responsibility for and repair harmful behavior that occurs in
school.
(g) "School administrator" means a principal of a school.
(h) "School is in session" means a day during which the school conducts instruction for
which student attendance is counted toward calculating average daily membership.
(i) "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.
(j) "School-age child" means the same as that term is defined in Section 
53G-6-201
.
(k) (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's 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.
(l) (i) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(ii) "Status offense" does not mean an offense that by statute is 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) 
except during the period between the effective date of this bill and June 1, 2022,
that is truancy.
(3) (a) Except as provided in Subsections (3)(e) and (5), if a minor is alleged to have
committed an offense that is a class C misdemeanor, an infraction, a status offense on school
property, or an offense that is truancy:
(i) a school district or school may not refer the minor to a law enforcement officer or
agency or a court; and
(ii) a law enforcement officer or agency may not refer the minor to a prosecuting
attorney or a court.
(b) Except as provided in Subsection (3)(e), if a minor is alleged to have committed an
offense that is a class C misdemeanor, an infraction, a status offense on school property, or an
offense that is truancy, a school district, school, or law enforcement officer or agency may refer
the minor to evidence-based alternative interventions, including:
(i) a mobile crisis outreach team, as defined in Section 
78A-6-105
;
(ii) a youth services 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.
(c) 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 in accordance with 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.
(d) Notwithstanding other provisions of this section, if a law enforcement officer has
cause to believe a minor has committed an offense on school property when school is not in
session and not during a school-sponsored activity, the law enforcement officer may refer the
minor to:
(i) a prosecuting attorney or a court; or
(ii) evidence-based alternative interventions at the discretion of the law enforcement
officer.
(e) If a minor is alleged to have committed a traffic offense that is an infraction, a
school district, a school, or a law enforcement officer or agency may refer the minor to a
prosecuting attorney or a court for the traffic offense.
(4) A school district or school shall refer a minor for prevention and early intervention
youth services, as described in Section 
62A-7-104
, by the Division of Juvenile Justice Services
for a class C misdemeanor committed on school property or for being a habitual truant if the
minor refuses to participate in an evidence-based alternative intervention described in
Subsection (3)(b).
(5) A school district or school may refer a minor to a court or a law enforcement officer
or agency for an alleged class C misdemeanor committed on school property or for allegedly
being a habitual truant[
, as defined in Section 
53G-6-201
,
] if the minor:
(a) refuses to participate in an evidence-based alternative intervention under Subsection
(3)(b); and
(b) fails to participate in prevention and early intervention youth services provided by
the Division of Juvenile Justice Services under Subsection (4).
(6) (a) If a minor is referred to a court or a law enforcement officer or agency under
Subsection (5), the school shall appoint a school representative to continue to engage with the
minor and the minor's family through the court process.
(b) A school representative appointed under Subsection (6)(a) may not be a school
resource officer.
(c) A school district or school shall include the following in the school district's or
school's referral to the court or the law enforcement officer or agency:
(i) attendance records for the minor;
(ii) a report of evidence-based alternative interventions used by the school before the
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;
(iv) a report from the Division of Juvenile Justice Services that demonstrates the
minor's failure to complete or participate in prevention and early intervention youth services
under Subsection (4); and
(v) any other information that the school district or school considers relevant.
(d) A minor referred to a court under Subsection (5) 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 a court under Subsection (5), 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.
(7) If the alleged offense is a class B misdemeanor or a class A misdemeanor, the
school administrator, the school administrator's designee, or a school resource officer may refer
the minor directly to a juvenile court or to the evidence-based alternative interventions in
Subsection (3)(b).
Section 6. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 7. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the references in the following
subsections from "this bill's effective date" to the bill's actual effective date:
(1) Subsections 
53G-6-202
(5) and (6);
(2) Subsection 
53G-6-208
(1); and
(3) Subsection 
53G-8-211
(2)(b).