Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 400 Second Substitute (2023GS)

Sponsor

Rep. Johnson, D.N.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• directs local education agencies to include certain evidence-based strategies for children as part of their efforts to reduce student absenteeism;
• requires local education agencies to provide professional learning opportunities for educators to have the tools to address student behavior;
• enacts new duties for the State Board of Education with respect to addressing chronic absenteeism prevention and intervention; and
• amends the responsibilities of the Division of Juvenile Justice and Youth Services to require the use of evidence-informed and research-informed interventions.

Every vote on this bill

Bill text

SCHOOL ABSENTEEISM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Dan N. Johnson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill enacts provisions relating to school absenteeism and student behavior.
Highlighted Provisions:
This bill:
▸ directs local education agencies to include certain evidence-based strategies for
children as part of their efforts to reduce student absenteeism;
▸ requires local education agencies to provide professional learning opportunities for
educators to have the tools to address student behavior;
▸ enacts new duties for the State Board of Education with respect to addressing
chronic absenteeism prevention and intervention; and
▸ amends the responsibilities of the Division of Juvenile Justice and Youth Services
to require the use of evidence-informed and research-informed interventions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-6-206
, as last amended by Laws of Utah 2021, Chapter 262
53G-9-802
, as last amended by Laws of Utah 2022, Chapter 337
80-5-401
, as renumbered and amended by Laws of Utah 2021, Chapter 261
ENACTS:
53G-9-804
, Utah Code Annotated 1953
53G-11-306
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 promoting regular attendance -- Parental involvement -- Evidence-based
supports -- Liability not imposed -- Report to state board.
(1) (a) 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
]
promote regular attendance and resolve school absenteeism and truancy issues for
 each
school-age child who is, or should be, enrolled in the school district 
or charter school
.
(b) A school-age child exempt from school attendance under Section 
53G-6-204
 or
53G-6-702
 is not considered to be a 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 school-age child by school authorities;
(b) (i) issuing a notice of truancy to the school-age child in accordance with Section
53G-6-203
; or
(ii) issuing a notice of compulsory education violation to the school-age child's parent
in accordance with Section 
53G-6-202
;
(c) making any necessary adjustment to the curriculum and schedule to meet special
needs of the school-age child;
(d) considering alternatives proposed by the school-age child's parent;
(e) monitoring school attendance of the school-age child;
(f) voluntary participation in truancy mediation, if available; [
and
]
(g) providing the school-age child's parent, upon request, with a list of resources
available to assist the parent in resolving the school-age child's attendance problems[
.
]
; and
(h) providing an evidence-based system of supports that:
(i) is structured in tiers, with each tier addressing teaming, accurate data collection and
analysis, and systematic action; and
(ii) includes dropout or chronic absenteeism interventions that seek to determine
underlying causes of a child's attendance issues and provides specific supports and contact for
the child.
(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 
and organizations for early intervention services
 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 
53G-6-210
.
(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 2. Section 
53G-9-802
 is amended to read:
53G-9-802.
Dropout prevention and recovery -- Flexible enrollment options --
Contracting -- Reporting.
(1) (a) Subject to Subsection (1)(b), an LEA shall provide dropout prevention and
recovery services to a designated student, including:
(i) engaging with or attempting to recover a designated student;
(ii) developing a learning plan, in consultation with a designated student, to identify:
(A) barriers to regular school attendance and achievement;
(B) an attainment goal; and
(C) a means for achieving the attainment goal through enrollment in one or more of the
programs described in Subsection (2);
(iii) monitoring a designated student's progress toward reaching the designated
student's attainment goal; and
(iv) providing tiered interventions for a designated student who is not making progress
toward reaching the student's attainment goal.
(b) An LEA shall provide the dropout prevention and recovery services described in
Subsection (1)(a):
(i) throughout the calendar year; and
(ii) except as provided in Subsection (1)(c)(i), for each designated student who
becomes a designated student while enrolled in the LEA.
(c) (i) A designated student's school district of residence shall provide dropout recovery
services if the designated student:
(A) was enrolled in a charter school that does not include grade 12; and
(B) becomes a designated student in the summer after the student completes academic
instruction at the charter school through the maximum grade level the charter school is eligible
to serve under the charter school's charter agreement as described in Section 
53G-5-303
.
(ii) In accordance with Subsection (1)(c)(iii), a charter school that does not include
grade 12 shall notify each of the charter school's student's district of residence, as determined
under Section 
53G-6-302
, when the student completes academic instruction at the charter
school as described in Subsection (1)(c)(i)(B).
(iii) The notification described in Subsection (1)(c)(ii) shall include the student's name,
contact information, and student identification number.
(2) (a) An LEA shall provide flexible enrollment options for a designated student that:
(i) are tailored to the designated student's learning plan developed under Subsection
(1)(a)(ii); and
(ii) include two or more of the following:
(A) enrollment in the LEA in a traditional program;
(B) enrollment in the LEA in a nontraditional program;
(C) enrollment in a program offered by a private provider that has entered into a
contract with the LEA to provide educational services; or
(D) enrollment in a program offered by another LEA.
(b) A designated student may enroll in:
(i) a program offered by the LEA under Subsection (2)(a), in accordance with this
public education code, rules established by the state board, and policies established by the
LEA; or
(ii) the Statewide Online Education Program, in accordance with Title 53F, Chapter 4,
Part 5, Statewide Online Education Program.
(c) An LEA shall make the LEA's best effort to accommodate a designated student's
choice of enrollment under Subsection (2)(b).
(3) Beginning with the 2017-18 school year and except as provided in Subsection (5),
an LEA shall provide the dropout prevention and recovery services described in Subsection
(1)(a), for any school year in which the LEA meets the following criteria:
(a) the LEA's graduation rate is lower than the statewide graduation rate; and
(b) (i) the LEA's graduation rate has not increased by at least 1% on average over the
previous three school years; or
(ii) during the previous calendar year, at least 10% of the LEA's designated students
have not:
(A) reached the students' attainment goals; or
(B) made a year's worth of progress toward the students' attainment goals.
(4) To provide the dropout and recovery services described in Subsection (1)(a), an
LEA [
may
] 
shall do at least one of the following
:
(a) contract with a third party; [
or
]
(b) use another evidence-based program; or
[
(b)
] 
(c)
 create [
a
] 
an evidence-informed
 dropout prevention and recovery services
plan.
(5) An LEA is not subject to the requirement described in Subsection (3) if:
(a) the LEA is in the LEA's first three years of operation;
(b) the LEA's average graduation rate for the previous three years is higher than the
average statewide graduation rate for the previous three years;
(c) the LEA is a special school as that term is used in 34 C.F.R. 300.115; or
(d) the quotient of the total number of an LEA's graduating students plus 10, divided by
the total number of students in an LEA's graduating class, is equal to or greater than the
statewide graduation rate.
(6) If an LEA described in Subsection (3) contracts with a third party, the LEA shall
ensure that:
(a) a third party with whom the LEA enters into a contract under Subsection (4) has a
demonstrated record of effectiveness engaging with and recovering designated students; and
(b) a contract with a third party requires the third party to:
(i) provide the services described in Subsection (1)(a); and
(ii) regularly report progress to the LEA.
(7) An LEA shall annually submit a report to the state board on dropout prevention and
recovery services provided under this section, including:
(a) the methods the LEA or third party uses to engage with or attempt to recover
designated students under Subsection (1)(a)(i);
(b) the number of designated students who enroll in a program described in Subsection
(2) as a result of the efforts described in Subsection (7)(a);
(c) the number of designated students who reach the designated students' attainment
goals identified under Subsection (1)(a)(ii)(B); and
(d) funding allocated to provide dropout prevention and recovery services.
(8) The state board shall:
(a) ensure that an LEA described in Subsection (3) contracts with a third party or
creates a dropout prevention and recovery services plan to provide dropout prevention and
recovery services in accordance with Subsections (3), (4), and (6); and
(b) report on the provisions of this section in accordance with Section 
53E-1-203
,
including a summary of the reports submitted under Subsection (7).
Section 3. Section 
53G-9-804
 is enacted to read:
 53G-9-804.
Duties of the State Board of Education.
(1) The state board shall:
(a) adopt rules that require a local school board or charter school governing board to
enact chronic absenteeism prevention and intervention policies that shall:
(i) include provisions that reflect the individual school district's or charter school's
unique needs or circumstances; and
(ii) adopt evidence or research informed absenteeism and dropout prevention
interventions;
(b) support, train, and inform LEAs regarding evidence-informed or research-based
models to reduce dropout and chronic absenteeism;
(c) provide guidance to LEAs on interventions and supports available from the
Division of Juvenile Justice and Youth Services; and
(d) provide other technical assistance to LEAs around analysis of attendance data.
(2) The rules described in Subsection (1) may require a local school board or charter
school governing board to publicize the policies enacted by the local school board or charter
school governing board in accordance with the rules described in Subsection (1) through school
websites, handbooks, letters to parents, or other reasonable means of communication.
(3) The state board may consult with appropriate stakeholders, including:
(a) parents;
(b) youth;
(c) LEAs;
(d) human services agencies; or
(e) others as the state board develops, enacts, and administers the rules described in
Subsection (1).
Section 4. Section 
53G-11-306
 is enacted to read:
 53G-11-306.
Training to address student behavior.
An LEA shall provide ongoing professional learning, coaching, and mentoring
opportunities for educators on student behavior, including classroom management, and ensure
that educators have the tools necessary to:
(1) differentiate student needs regarding behavior in the classroom; and
(2) facilitate student learning in alignment with the Least Restrictive Behavioral
Interventions framework.
Section 5. Section 
80-5-401
 is amended to read:
80-5-401.
Youth services for prevention and early intervention -- Program
standards -- Program services.
(1) The division shall establish and operate prevention and early intervention youth
services programs 
which shall include evidence-informed and research-informed interventions
to:
(a) help youth and families avoid entry into the juvenile justice system; and
(b) improve attendance and academic achievement
.
(2) The division shall adopt statewide policies and procedures, including minimum
standards for the organization and operation of youth services programs.
(3) The division shall establish housing, programs, and procedures to ensure that
minors who are receiving services under this section and who are not committed to the division
are served separately from minors who are committed to the division.
(4) The division may enter into contracts with state and local governmental entities and
private providers to provide the youth services.
(5) The division shall establish and administer juvenile receiving centers and other
programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
for nonadjudicated and adjudicated minors placed with the division.
(6) The division shall prioritize use of evidence-based juvenile justice programs and
practices.