(b) "Absence" or "absent" does not mean multiple tardies used to calculate an absence for the sake of a truancy.

(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).

(a) is enrolled; or

(b) should be enrolled, if the school-age child is not enrolled in school.

(a) is at least six years old but younger than 18 years old; and

(b) is not emancipated.

(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.

(a) is subject to the requirements of Section 53G-6-202 or 53G-6-203; and

(b) is truant.

(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) mental or behavioral health of the school-age child;

(iii) a family death;

(iv) an approved school activity;

(v) an absence permitted by a school-age child's:

(A) individualized education program; or

(B) Section 504 accommodation plan;

(vi) an absence permitted in accordance with Subsection 53G-6-803(5); or

(vii) 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).

(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.

(a) in grade 1 through 6; and

(b) truant at least five times during the school year.

(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.

(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.

(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.

(a) in grade 7 or above, unless the school-age child is less than 12 years old; and

(b) truant.

(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.

(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.

(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).

(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).

(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.

(a) absences with a valid excuse; and

(b) absences without a valid excuse.

(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).

(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 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.

(b) The district described in Subsection (6)(a) shall promptly notify the minor's parents of the action taken.

(a) truant minors taken into custody under Section 53G-6-208; or

(b) students suspended or expelled from school.

(a) assessments of the truant minor's needs and abilities;

(b) support for the parents and truant minor through counseling and community programs; and

(c) tutoring for the truant minor during the time spent at the center.

(b) "Habitual truant" means a school-age child who:

(i) is in grade 7 or above, unless the school-age child is under 12 years old;

(ii) is subject to the requirements of Section 53G-6-202; and

(iii)(A) is truant at least 20 days 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.

(a) Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state; and

(c) Section 53G-6-206, which directs educational entities and parents working on behalf of children to make efforts to resolve school attendance problems of school-age minors who are or who should be enrolled in an LEA.

(a) develop an absenteeism and truancy policy that

(i) encourages regular, punctual attendance of students, consistent with Section 53G-8-211 and Title 53G Public Education System–Local Administration, Chapter 6 Participation in Public Schools, Part 2 Compulsory Education;

(ii)    ensures valid excused absences for mental health or behavioral health are not used to circumvent Free Appropriate Public Education (FAPE) requirements or other educational services requirement under federal law including the Individuals with Disabilities Education Act (IDEA);

(iii)    (iii)  ensure between March 17, 2021 and June 1, 2022 that no punitive action is taken against a student or student's parent for being truant

(b) review the LEA's absenteeism and truancy policy regularly;

(c) create and operate an attendance review team as described in Subsection (3);

(d) review attendance data annually and consider revisions to the absenteeism; truancy policy to encourage student attendance;

(e) make the absenteeism and truancy policy available for review by parents or interested parties; and

(f) as described in Subsection 53G-8-211(2)(b), ensure that the LEA does not refer a student to a court for being truant between March 17, 2021 and June 1, 2022.

(a) consist of:

(i) administrators including those responsible for:

(A) academic instruction;

(B) health and wellness;

(C) student support services; and

(D) attendance data;

(ii) where possible, community agencies; and

(iii) may include the LEA's multi-disciplinary team;

(b) review attendance data to inform actions and tiered interventions development at least monthly;

(c) create a systematic LEA and school level response for the LEA's absenteeism and truancy policy including:

(i) practice improvement; and

(ii) prevention and intervention strategies; and

(d) promote shared accountability and continuous improvement related to an LEA's absenteeism and truancy policy including a school level attendance plan developed at the end of the previous school year.

(a) provide a process for notice to parents about the absenteeism and truancy policy;

(b) require notice to parents regarding the progress of a student's discipline and consequences for violation of the truancy policy;

(c) provide an appeals process to contest:

(i) a notice of truancy; or

(ii) any disciplinary actions against a student pursuant to absenteeism and the truancy policy or;

(d) establish definitions not provided in law or this rule necessary to implement the absenteeism and truancy policy and compulsory education procedures;

(e) include definitions of:

(i) "approved school activity" under Subsection 53G-6-201(9)(c); and

(ii) "any other excuse" under Subsection 53G-6-201(9)(e);

(f) include criteria and procedures for preapproval of extended absences consistent with Section 53G-6-205; and

(g) establish programs and meaningful incentives which promote regular, punctual student attendance.