Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 305 (2023GS)

Sponsor

Rep. Clancy, T.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits an individual who has committed child abuse from exempting the individual's child from required school attendance; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CHILD ABUSER EDUCATION RESTRICTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tyler Clancy
Senate Sponsor: 
Chris H. Wilson
Cosponsors:
Melissa G. Ballard
Jon Hawkins
LONG TITLE
General Description:
This bill prohibits an individual who has committed child abuse from the exempting the
individual's child from required school attendance.
Highlighted Provisions:
This bill:
▸ prohibits an individual who has committed child abuse from exempting the
individual's child from required school attendance; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-6-204
, as last amended by Laws of Utah 2021, Chapter 359
Be it enacted by the Legislature of the state of Utah:
Section 1. 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) 
(i) As used in this Subsection (2)(a), "child abuse" means a criminal felony or
attempted felony offense of which an individual is convicted, or to which an individual pleads
guilty or no contest, for conduct that constitutes any of the following:
(A) child abuse under Section 
76-5-109
;
(B) aggravated child abuse under Section 
76-5-109.2
;
(C) child abandonment under Section 
76-5-109.3
;
(D) commission of domestic violence in the presence of a child under Section
76-5-114
;
(E) child abuse homicide under Section 
76-5-208
;
(F) child kidnapping under Section 
76-5-301.1
;
(G) human trafficking of a child under Section 
76-5-308.5
;
(H) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses, or in Title 76,
Chapter 5b, Part 2, Sexual Exploitation, if the victim is under 18 years old;
(I) sexual exploitation of a minor under Section 
76-5b-201
;
(J) aggravated sexual exploitation of a minor under Section 
76-5b-201.1
; or
(K) an offense in another state that, if committed in this state, would constitute an
offense described in this Subsection (2)(a)(i).
(ii)
 [
A
] 
Except as provided in Subsection (2)(a)(iii), a
 local school board shall excuse a
school-age child from attendance, if the school-age child's parent 
or legal guardian
 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)
] 
(A)
 the school-age child will attend a home school; and
[
(ii)
] 
(B)
 the parent 
or legal guardian
 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
.
(iii) If a parent or legal guardian has been convicted of child abuse or if a court of
competent jurisdiction has made a substantiated finding of child abuse against the parent or
legal guardian:
(A) the parent or legal guardian may not assume responsibility for the education of a
school-age child under Subsection (2)(a)(ii); and
(B) the local school board may not accept the affidavit described in Subsection
(2)(a)(ii) from the parent or legal guardian or otherwise exempt the school-age child from
attendance under Subsection (2)(a)(ii) in relation to the parent's or legal guardian's intent to
home school the child.
(iv) Nothing in this Subsection (2)(a) affects the ability of another of a child's parents
or legal guardians who is not prohibited under Subsection (2)(a)(iii) to file the affidavit
described in Subsection (2)(a)(ii).
(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[
.
]
; and
(iii) the parent or legal guardian who filed the signed and notarized affidavit has not
been convicted of child abuse or been the subject of a substantiated finding of child abuse by a
court of competent jurisdiction.
(c) A parent 
or legal guardian
 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 
or legal guardian
 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 
or legal guardian
, 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 
or legal guardian
 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
] 
under
 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
] 
or legal guardian under
 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 
or legal guardian
 notifies the school district that the
school-age child no longer attends a home school; or
(C) the school-age child's parent 
or legal guardian
 notifies the school district that the
school-age child's school district of residence has changed.
(3) A parent 
or legal guardian
 who 
is eligible to file and
 files a signed and notarized
affidavit [
as provided in
] 
under
 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 
or legal guardian
 of a child attending a home school.
(b) The exemptions in this section apply regardless of whether:
(i) a parent 
or legal guardian
 provides education instruction to the parent's 
or legal
guardian's
 child alone or in cooperation with other parents 
or legal guardians
 similarly
exempted under this section; or
(ii) the parent 
or legal guardian
 makes payment for educational services the parent's 
or
legal guardian's
 child receives.