State Codes and Statutes

Statutes > Utah > Title-53a > Chapter-11 > 53a-11-101-7

53A-11-101.7. Truancy -- Notice of truancy -- Failure to cooperate with schoolauthorities -- Habitual truant citation.
(1) Except as provided in Section 53A-11-102 or 53A-11-102.5, a school-age minor whois enrolled in a public school shall attend the public school in which the school-age minor isenrolled.
(2) A local school board, local charter board, or school district may imposeadministrative penalties on a school-age minor who is truant.
(3) A local school board or local charter board:
(a) may authorize a school administrator, a designee of a school administrator, or atruancy specialist to issue notices of truancy to school-age minors who are at least 12 years old;and
(b) shall establish a procedure for a school-age minor, or the school-age minor's parents,to contest a notice of truancy.
(4) The notice of truancy described in Subsection (3):
(a) may not be issued until the school-age minor has been truant at least five times duringthe school year;
(b) may not be issued to a school-age minor who is less than 12 years old;
(c) shall direct the school-age minor and the parent of the school-age minor to:
(i) meet with school authorities to discuss the school-age minor's truancies; and
(ii) cooperate with the school board, local charter board, or school district in securingregular attendance by the school-age minor; and
(d) shall be mailed to, or served on, the school-age minor's parent.
(5) A habitual truant citation may be issued to a habitual truant if:
(a) the local school board, local charter board, or school district has made reasonableefforts, under Section 53A-11-103, to resolve the school attendance problems of the habitualtruant; and
(b) the efforts to resolve the school attendance problems, described in Subsection (5)(a),have not been successful.
(6) A habitual truant to whom a habitual truant citation is issued under Subsection (5):
(a) shall be referred to the juvenile court for violation of Subsection (1); and
(b) is subject to the jurisdiction of the juvenile court.
(7) A notice of truancy or a habitual truant citation may only be issued by:
(a) a school administrator, or a truancy specialist, who is authorized by a local schoolboard or local charter board; or
(b) a designee of a school administrator described in Subsection (7)(a).
(8) Nothing in this part prohibits a local school board, local charter board, or schooldistrict from taking action to resolve a truancy problem with a school-age minor who has beentruant less than five times, provided that the action does not conflict with the requirements of thispart.

Enacted by Chapter 81, 2007 General Session